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11-27-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT SALK JUNIOR HIGH - COMMONS AREA MONDAY, NOVEMBER 27, 1995 Members Present: Mayor Duitsman. Councilmembers Dietz. Scheel. Farber. and Holmgren Members Absent: None Stoff Present: Pot Klaers. City Administrator; Sandra Thackeray. City Clerk; Steve Ach. City Planner; Terry Mourer. City Engineer; Dove Sellergren. City Attorney Also Present: Bob Minton. Steering Committee Choir; Louise Kuester. Planning Commission Choir 1. Call MeetinQ To Order Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order at 7 p.m. by Mayor Duitsman. 2. Consider 11127195 Council AQendo It COUNCILMEMBER FARBER MOVED TO APPROVE THE NOVEMBER 27, 1995, CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Public HearinQ to Consider Comprehensive Plan Mayor Duitsman requested that the following items be entered into the official record: 1. Petition from Rllmore Street neighborhood indicating their opposition to the extension of sewer and water to their neighborhood. 2. Letter from Ebner's Live Bait, Inc.. regarding their opposition to the proposed water and sewer extension to eastern Elk River. 3. Petitio/" to Mayor. City Council. Planning Commission. and staff submitted by Kathy A. Specht regarding the opposition to the extension of urban services. Mayor Duitsman indicated that the Council would be receiving public input on the Comprehensive Plan that was currently drafted by the Steering Committee. He stated that the Park Plan and Transportation Plan would not be considered at this dote. e Louise Kuester. planning commission choir. commented on the process involved in putting together the Comprehensive Plan. She indicated that the process ......... Elk River City Council Minutes November 27, 1995 Page 2 e involved numerous Elk River citizens who were part of the Steering Committee. Shestated that many Elk River residents appeared at the public hearings to give input on the Plan. Louise Kuester further explained that the Transportation Plan and Park Plan will not be considered this evening. Bob Minton, steering committee chair, reviewed the steps that were involved in completing the Comprehensive Plan. He further explained that the Comprehensive Plan is an update of an existing Comprehensive Plan from 1988. Bob Minton thanked all those involved in their efforts to draft the Plan, including staff. Steering Committee members. and citizens who attended the meetings. Mayor Duitsman indicated that he would take public input on each section of the Comprehensive Plan. utilities - City Planner Steve Ach presented the information on the Utilities Plan of the Comprehensive Plan. He indicated that the utilities section of the Plan relates to the expansion of the urban service boundary. Steve Ach explained that the Steering Committee recommended a small area for urban service expansion while the Planning Commission recommended a larger area in order to accommodate long-term urban growth. Mayor Duitsman requested public input on this issue. 1. Dave Cieslak, Cargill, 10383 165th Avenue, indicated that they have currently invested $3 million to the existing Cargill facilities in Elk River. He indicated that there is no need for sewer and water at their facility and they would see no benefit to their current operations with the extension of utilities or the urban service district. e 2. Dwight Kirkeide, 11230 173rd Avenue North, indicated that he was opposed to the extension of the urban service area. Mr. Kirkeide stated that he distributed a flyer to all residents in the proposed urban service area relating to the expansion of sewer and water facilities. He indicated he felt that the proposed Plan would harm the people in the community. 3. John Benver, Fillmore Street, indicated he recently moved to Elk River and stated that he is opposed to the expansion of the urban service district as he sees no benefit to his property. 4. Dawn Beaudry, Fillmore Street, presented a petition in opposition to the expansion of the urban service area. She indicated she is against the extension of sewer and water to her area. 5. Tony Krelin, 181st Avenue, questioned the Council as to when the assessments would begin for the project. Mayor Duitsman explained that there are no assessments proposed at this time. 6. Joanne Rousseau, Ebner's Bait, 17015 Highway 10. indicated she is opposed to the expansion of the urban service district and stated that if utility extensions take place. Ebner's Bait will go out of business. e Elk River City Council Minutes November 27. 1995 e e Page 3 7. Carl Shaw, 1.0596 1.91.st Avenue, questioned the procedure for hooking up to utilities. He indicated that there are many homes in the area that are a long distance from the road and indicated that the cost would be very high for the laterals. Mr. Shaw indicated he felt the residents should have a general idea of the cost prior to voicing their opinion on the issue. He further suggested that the Council consider different methods of assessment. 8. Janet Kotter, 1. 91. 92 Tyler Street, indicated she is opposed to the extension of services. She further questioned what restrictions would be placed on her land if she were in the urban service district and if the expansion of the district would affect the value of her land. 9. George Deschenes, Twin lakes Road, indicated his concern of utilities being developer driven to a certain area. He suggested that no development be allowed until services are extended from the core outward. 10. Dennis Chuba, 1.0451. 1.75th Avenue NW, discussed the issue of allowing property owners that are in the urban service district to subdivide their property. 11. Roger McAlpine, Twin lakes Road, indicated he was opposed to the expansion of the district and further indicated his concem regarding the cost for sewer and water. He suggested that this decision be based on a vote by the public. 12. stan Chase, 1.6800 Highway 1.0, questioned what the procedure was for voicing an opinion regarding the urban service di~trict. 13. Kathy Specht, suggested that the Council speak into the microphones and that there be a microphone available for each person at the front table. 14. Tim Schneider, 1. 711. 9 Highway 1. 0, indicated he was not opposed to the extension of the urban service district, but that he was opposed to the high cost to the residents. He further questioned why the Planning Commission recommended expanding the urban service area from what the Steering Committee recommended. 15. Steve Bradford, Fillmore Street, indicated he was not contacted by the Task Force regarding this issue. He further questioned why the city needs to expand the Wastewater Treatment Plant at this time if there are no plans to extend sewer and water to the eastern area of the city. 16. e Jean Kieley, 14084 202nd Avenue North, indicated she supported the City Council and Planning Commission in approving the Comprehensive Plan. She further indicated she would like to see the City of Elk River develop in an organized manner. Elk River City Council Minutes November 27. 1995 Page 4 17. Truman Moyer, indicated that he was opposed to the expansion of the urban service area and the extension of utilities. He indicated it could possibly mean higher taxes to the residents of Elk River because of the Green Acres involved in the district. e 18. Pat Hollem, indicated he is opposed to the expansion of the urban and service district and stated that he would have to move if a sewer and water project goes through his area. 19. Charlie Houle, 6th street & 17069 Highway 10 - Houle Oil, indicated that the city needs a commercial and industrial tax base and stClted that the Council must look at what is best for the community. He stated he supports the Council in their decision and that he is in favor of the sewer and water extension for the urban service area recommended by the Steering Committee. 20. Stoeffel Reitsma, County Road 12, indicated that he had a problem with the service area that was amended by the Planning Commission. He questioned why the Planning Commission recommended the change and further questioned what the population estimates were for Elk River. 21. Dave Anderson, 14845 County Road 30, questioned why the city could not develop as a rural community. He indicated that the issue is what type of community we want Elk River to look like. e 22. Roland Benson, Highway 10, indicated that a Comprehensive Plan would be good if it encompasses the right needs of the community. 23. Larry Hickman, business owner and resident, indicated that the City of Elk River needs help to draw more customers to the east side of the city. He indicated that he is in favor of the extension of urban services. 24. Robin Tuttle, 13324 Ranch Road, questioned whether the city was trying to run people with large quantities of land out of town. 25. Richard Kurth, owner of Broadway Bar & Pizza, indicClted that he was opposed to the extension of the urban service area. He stated that he has a good septic system and good water. 26. Mark Korthal, 17379 Tyler street, indicated that he has seven acres of property and stated that the Council should think about the cost to the land owners for the extension of the services. He stated that he is opposed to the extension of the urban service area. 27. Marilyn Van Patten, 10451 175th Avenue, questioned what will happen to existing businesses if sewer and water is not in their area. She expressed her concern regarding these businesses being able to expand. 28. Harold Novotny, informed the Council that the service district recommended by the Planning Commission is dominated by swamp e Elk River City Council Minutes November 27. 1995 Page 5 e land and State of Minnesota land. He questioned whether the state would be assessed for the extension of services. There were no other comments from the public regarding the utilities issue. Residential - Steering Committee Chair Bob Minton indicated that the Steering Committee and Planning Commission took a firm commitment in recommending that the ten acre minimum lot size in the A 1 zoning district be maintained. He further indicated that the Planning Commission and Steering Committee recommended that a clustering concept be considered by the Council. The Steering Committee also felt that the development of apartments should be curtailed in Elk River for the near future. Mayor Duitsman asked for pUblic comment at this time on the residential section of the Comprehensive Plan. 1. Craig Robinson, 10113 213th Avenue, indicated that a petition was circulated in his neighborhood and that a majority of the residents were in favor of the ten acre minimum but that they opposed the cluster development. 2. Renee leone, Executive Director of the Minnesota land Trust, spoke regarding the clustering concept. e 3. Dennis Chuba, 10451 175th Avenue NW, informed the Council that 011 of the townships that surround Elk River allow two and one~half acre developments. 4. Dwight Kirkeide, 173rd Avenue, felt that the two and one-half acre development would be best. 5. Mark Martin, 205th Avenue, indicated that the general consensus of the people in Elk River is that they like the rural area and question whether it is fair for the large property owners to be restricted on the use of their property . 6. Dan Bowman, indicated that he owned 110 acres and that he is in the process of subdividing and indicated that the proposal for ten acre development is restricting people who wish to subdivide. 7. Mike Niziolek, 12275 Irving Circle, indicated that he is favor of clustering in order to preserve open spaces and the quality of life in Elk River. There were no further comments on the residential section of the Comprehensive Plan. The Council recessed at 9:30 p.m. and reconvened at 9:45 p.m. e Elk River City Council Minutes November 27, 1995 Page 6 e Commercial - Steering Committee Chair Bob Minton indicated that the Steering Committee felt that the city needs to encourage and upgrade commercial property in certain areas of the city. He indicated that this is one of the great needs for the extension of utilities. Mayor Duitsman requested public comment on this issue. There was no public comment on the commercial area of the Plan. Industrial - Steering Committee Chair Bob Minton indicated that the city does not have a large quantity of property zoned industrial that is immediately available for industrial development. He stated that it is very important to define areas for industry which would allow industrial development immediately. He indicated that industrial development is important for the tax base and for jobs in Elk River. Mayor Duitsman requested public comment on this section. 1. Chris Kreger, 11661 205th Avenue NW, indicated that he was a Planning Commission and Steering Committee member. He thanked everyone who participated in the Plan and spoke on the planning process for the Plan. e Land Use - Bob Minton indicated that there were some errors in the land use plan and requested the Council to correct the errors. Dick Hetland, East Highway 10 business owner, questioned if a new land use designation would affect his current business. Mayor Duitsman indicated that he would not feel comfortable making a decision on the Comprehensive Plan at this time, but would like time to reflect on the public comment. He suggested that the Council make its decision during the December 11 special City Council meeting to be held at City Hall and that this issue would be on the agenda at 8 p.m. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ISSUE TO THE DECEMBER 11, 1995, CITY COUNCIL MEETING TO BE HELD AT CITY HALL AT 8 P.M. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Farber requested some background information on clustering developments to be available at the December 11 Council meeting. 4. Other Business Pawn Shop Licenses - The city administrator indicated that the city attorney has ~repared a resolution to be adopted by the Council imposing a moratorium on e e e e Elk River City Council Minutes November 27, 1995 Page 7 the establishment of pawn shops and licensing of pawnbrokers to allow the city to review its licensing requirements. The city administrator read the resolution. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 95-79, AN RESOLUTION ORDERING A PUBLIC HEARING ON A PROPOSED MORATORIUM ON THE ESTABLISHMENT OF PAWN SHOPS AND LICENSING OF PAWNBROKERS AND DIRECTING THAT NO PERMITS, APPROVALS, OR LICENSES BE GRANTED PENDING THE PUBLIC HEARING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Board and Committee Appointments - The city clerk reviewed the applicants who have applied for the vacancies on the boards and commissions. She stated that interviews will be held on December 4, 1995. at the Council meeting. 5. Adiournment There being no further business. COUNCILMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjoumed at 10:06 p.m. Respeftfully submitted, I / J ~~L~. ./ Sandra Thackeray ? City Clerk