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09-19-1994 CC MIN e . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 19, 1994 Members Present: Mayor Duitsman, Council members Dietz, Scheel, Farber and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandy Thackeray, City Clerk; Terry Maurer, City Engineer; Steven Ach, City Planner; Peter Beck, City A ttorney; Stephen Rohlf, Building and Zoning Administrator; Troy Langer, Planning Intern; Cliff Skogstad, Building Official; Bill Rubin, Economic Development Coordinator . . Also Present: Chris Kreger, Planning Commission Representative 1. Call Meetina To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. e 2. Consider Agenda Item 4.1. "Update on Western Area Storm Sewer Project" was added to the agenda. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 9/19/94 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 5.6. PAY ESTIMATE #4 TO KUE CONTRACTORS IN THE AMOUNT OF $100,559 FOR WORK COMPLETED ON THE LIBRARY EXPANSION PROJECT - APPROVED PAY ESTIMATE #4 TO GRIDOR CONSTRUCTION IN THE AMOUNT OF $125,208.00 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION - APPROVED e PAY ESTIMATE #3 TO FOREST LAKE CONTRACTING IN THE AMOUNT OF $83,693.69 FOR WORK COMPLETED ON THE STREET AND TURN LANE IMPROVEMENTS RELATED TO THE ELK PARK CENTER IMPROVEMENT PROJECT AND CHANGE ORDER NUMBER 2 IN THE AMOUNT OF $5,400- APPROVED City Council Minutes September 19, 1994 Page 2 . PAY ESTIMATE #3 TO ARCON CONSTRUCTION IN THE AMOUNT OF $185,191.48 FOR WORK COMPLETED ON THE TRUNK SEWER AND WATER MAIN IMPROVEMENTS AS PART OF THE ELK PARK CENTER PROJECT - APPROVED FINAL PAY ESTIMATE TO RICHARD KNUTSON, INC. IN THE AMOUNT OF $2,200 FOR WORK COMPLETED ON THE 1993 NORTHEAST AREA IMPROVEMENTS - APPROVED FINAL PAY ESTIMATE TO W.B. MILLER, INC. IN THE AMOUNT OF $1,909.70 FOR THE COMPLETION OF THE DEERFIELD III STORM SEWER IMPROVEMENTS - APPROVED FINAL PAY ESTIMATE TO RICHARD KNUTSON, INC., IN THE AMOUNT OF $1,000 FOR WORK COMPLETED ON THE MEADOWV ALE HEIGHTS UTILITY IMPROVEMENT PROJECT - APPROVED 8. CHECK REGISTER - APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Verbal uodate from City Clerk on 1994 Primary Election e The City Clerk indicated that the primary election took place with no major problems. She stated that 27% of the registered voters voted in the Primary Election. The City Clerk informed the Council that she received comments regarding the change in polling locations. She explained that the change in polling locations was necessary due to the number of registered voters in the City. The City Clerk informed the Council that there are approximately 2,000 registered voters per ward and this will soon necessitate a split into precincts. 4.1. Western Area Storm Sewer The City Administrator distributed two letters from the City Engineer 1) dated 9/19/94 regarding the Western area storm sewer; and 2) dated 9/13/94 regarding the Western area drainage plan. The City Engineer updated the Council on the Western Area Storm Sewer project. He indicated that he has written two letters to the City Administrator in response to several accusations regarding the storm sewer facilities in the western area of the City. 5.1. Consider orooosal from Insoec, Inc. for enaineerina services for the fire station roof reoair oroiect The City Administrator indicated that the City is requesting to hire Inspec, Inc., to provide engineering services for the re-roofing of the Elk River Fire Station, meeting room and apparatus area. He indicated that the Building Official will be oversee the roofing project. Cliff Skogstad, Building Official, was present to answer any questions from the Council. e COUNCILMEMBER HOLMGREN MOVED TO HIRE INSPEC., INC. TO PROVIDE ENGINEERING SERVICES FOR THE FIRE STATION ROOF PROJECT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes September 19, 1994 Page 3 e 5.2. Consider reGuest to chanGe Resolution 89-12 which adopted certain policies regardinG enGineerinG services for development proiects The City Administrator indicated that the City has received a request to change its policy regarding engineering services for development projects. He explained that the current policy requires the City Engineer to provide the engineering service for all public improvement projects in the City of Elk River. Terry Maurer, City Engineer, indicated that the firm of John Oliver and Associates is requesting the City to change its pOlicy to allow a landowner or developer to hire their own engineer to design, inspect, and bid the improvements for a development. Terry Maurer stated that if the Council considers this type of change, private engineering services should be provided only on privately financed improvement projects. He further suggested that the project plans and specifications should be reviewed by the City Engineer for all projects and the City should inspect the installation of the improvements. Lynn Caswell from John Oliver's Office stated that developers would like the flexibility of choosing their own engineer. e Council member Scheel stated that she liked the idea of a developer being able to choose their own engineering service. Mayor Duitsman stated that he would still want the City to inspect the projects. Council member Farber questioned whether a change in the policy would slow down the process and whether the City would be stuck with more expenses. Councilmember Holmgren indicated that this is a significant change to a policy that has been working well. He indicated that he would like more time to review the request and existing policy prior to making a decision. COUNCILMEMBER SCHEEL MOVED TO CONTINUE THIS ITEM TO THE OCTOBER 17, 1994, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Update on street proiects: 221st Avenue; Concord Street; Edison Street; Gates A venue/3rd Street Intersection 221st Avenue Steve Rohlf. Building and Zoning Administrator, updated the Council on the 221st Avenue road alignment project. He indicated that the project is anticipated to be complete this year if the wetland process is not appealed. Concord Street City Engineer, Terry Maurer, indicated that the City has received 6 out of 15 easements for the Concord Street improvement project. He indicated that all easements are necessary prior to beginning the project. e Council member Dietz requested the City Engineer to contact all of the property owners along Concord Street to see where each owner stands on the issue. He requested the City Engineer to report back to the Council with this information. City Council Minutes September 19, 1994 Page 4 e Edison Street Area Terry Maurer informed the Council that an information meeting is scheduled for residents of Edison Street, Fillmore Street, and 153rd and 154th Avenues. Information regarding the street improvement will be provided at this meeting. Gates Avenue/Third Street Intersection Terry Maurer indicated that he has been requested to investigate the possible cul-de-sacing of Third Street east of Gates A venue to temporarily improve the safety of the intersection. He indicated that after contacting several people regarding this matter, there was a consensus that the closing of Third Street at Gates A venue was not an option due to use by the elderly and emergency vehicles. Terry Maurer indicated that all of the individuals he spoke with regarding this matter suggested that the City pursue the realignment of Third Street and Gates Avenue. He indicated that this would require the acquisition of a small amount of property and the removal of a large tree. COUNCILMEMBER HOLMGREN MOVED TO DIRECT THE CITY ENGINEER TO PROCEED WORKING WITH THE PROPERTY OWNERS ON THE REALIGNMENT OF THIRD STREET AND GATES AVENUE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Review East hiahway 10 and County Road 12 trunk sewer and water feasibility study e Terry Maurer indicated that the feasibility study for the extension of sewer and water to the east will be reviewed by the Comprehensive Plan Steering Committee. Mayor Duitsman suggested that this issue be discussed by the Council at a worksession on October 24, 1994. 5.5. Consider Shiely Comoany Park dedication orooosal Steve Rohlf indicated that the Shiely Company has offered the City of Elk River 50 acres of park land in lieu of the future park dedication on 500 acres. He indicated that the 50 acres is a natural oak forest which is classified as threatened by the DNR. He further stated thatthe land is located adjacent to the City's Woodland Trails park and, therefore, would be a natural extension of the park. He stated that he, the Park and Recreation Commission, and the Planning Commission recommend that the City accept the offer of 50 acres from the Shiely Company. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE 50 ACRES OF LAND IN LIEU OF PARK DEDICATION FOR 500 ACRES OF LAND FROM THE SHIEL Y COMPANY CONTINGENT UPON THE CONDITIONS LISTED IN THE STAFF MEMO DATED SEPTEMBER 15, 1994. COUNCILMEMBER FARBER SECONDED THE MOTION. e Darrell Thompson indicated he did not wish to see this as a "carrot" to approve the conditional use permit. Steve Rohlf indicated that this offer was independent of the conditional use permit. City Council Minutes September 19, 1994 Page 5 e THE MOTION CARRIED 5-0. 6. Open Mike Tim Shaefer of Concord Street indicated that initially there were 9 of the 12 residents who indicated they would sign the easements for the upgrade of Concord Street. He requested the Engineer to contact the neighbors on Concord Street. He further stated that the road is in poor condition and that he is in favor of upgrading the road as soon as possible. 7.1. Consider a Conditional Use Permit by Shiely Company. Public Hearina. Case No. CU 94-31 Steve Rohlf. Building and Zoning Administrator. indicated that the Shiely Company is requesting a conditional use permit for mineral excavation and processing on approximately 200 acres of a 380 acre site. Steve Rohlf indicated that the mining will continue for 15 to 20 years in three phases. Reclamation will be consistent as indicated in the Environmental Impact Statement. He indicated that the Planning Commission has reviewed the request and recommended approval. Mayor Duitsman opened the public hearing. - Bob Bieraugel, representative of the Shiely Company, addressed the City Council and the public regarding Shiely's proposal. Mr. Bieraugel indicated that the proposal provides for a visual and noise buffer for surrounding properties. He indicated that dust control will be part of the design. He further indicated that he has reviewed the City's recommendations for a conditional use permit. Mr. Bieraugel commented on the conditions set forth by the City. He requested that the word substantially be included in item 11 (g). Mr. Bieraugel discussed item 11 (d) and indicated the Shiely Company would like some flexibility in the types of plantings. Mr. Bieraugel requested that the Council allow the Shiely Company to move previously stockpiled material from the site prior to the recommended road improvements, if a flagman is placed at the site. Councilmember Farber questioned what remedial action could be taken by surrounding residents in case of water contamination. Mr. Bieraugel responded by indicating that the Shiely Company will be very sensitive to this issue. He indicated that they will follow a monitoring plan which will protect both Shiely and the surrounding neighbors. Council member Scheel indicated that some of the neighbors have requested that the Shiely Company leave the land accessible to the neighboring residents after it is mined. She informed the residents that if this is done, the neighbors will be on Shiely's property and that the City will not be held responsible. e Mike Leary, 20648 Watson st. NW. indicated that the neighbors in the area had several concerns with this request. The main concern was the safety issue on County Road 33. Mr. Leary provided a video showing the area in question and mining operations from another area. Mr. Leary requested the Council to be fully aware of the situation prior to making a decision. He indicated his concern regarding the noise from the operation; the gravel trucks being able to merge on City Council Minutes September 19, 1994 Page 6 e County Road 33; water table; water quality; bus safety; wild life; and property values. He indicated that a resident received a letter from Mel Beaudry who had completed a market value analysis on a home in the area. The letter indicated that the mining operation would decrease the property value by 20 - 25%. Mr. Leary suggested that the Shiely Company alter their plans and begin mining the property to the north to prevent intrusion on the residents. This would also allow the gravel trucks to access Highway 169 and eliminate the use of County Road 33. He indicated this proposal would give the City some time to study County Road 33 and make corrections. Steve Rohlf indicated that he has met with the residents and feels that the stipulations in Staff's memo address all of residents' concerns. Darrell Thompson, 20680 Watson Street. indicated his concern of safety on County Road 33. He further indicated his concern of decreasing property values. Derrick Ford, indicated his concern of safety for the children in regard to the drop-off created by the mining. He further indicated his concern regarding traffic and school buses. There being no further comments, Mayor Duitsman closed the public hearing. e Councilmember Scheel indicted that the traffic issue on County Road 33 does not end on Proctor Avenue. She indicated that it is not just a Shiely issue. She further indicated that devaluation of property values is something all residents face. Mayor Duitsman indicated that this area has been designated for gravel mining since the consolidation of the City. He indicated that staff has addressed the issues of concern and that the resources need to be mined. Chris Kreger, Planning Commission Representative indicated that the Shiely Company has cooperated with the process. Staff and the Shiely Company have worked diligently with the property owners. Council member Holmgren indicated that the application has been reviewed by the Planning Commission, City Council and Staff. He stated that he felt the concerns have been addressed. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY SHIELY COMPANY FOR MINERAL EXCAVATION AND PROCESSING, CASE NO. CU 94-31, WITH THE FOLLOWING CONDITIONS: 1. ALL MINERAL EXCAVATION AND PROCESSING OPERATIONS ON THE PROPERTY SHALL COMPLY WITH THE CITY'S MINERAL EXCAVATION, ZONING AND OTHER APPLICABLE ORDINANCES; WITH THE TERMS OF THIS CONDITIONAL USE PERMIT AGREEMENT AND THE LICENSE AGREEMENT TO BE EXECUTED BY THE CITY AND OPERATOR; WITH THE CITY OF ELK RIVER'S ENVIRONMENTAL IMPACT STATEMENT ON MINERAL EXCAVATION; AND WITH THE APPLICATION MATERIALS AND PLANS SUBMITTED BY THE OPERATOR, WHICH PLANS AND MATERIALS ARE THE BASIS FOR THE CITY'S APPROVAL OF THE CONDITIONAL USE PERMIT. e City Council Minutes September 19, 1994 Page 7 e 2. THE OPERATOR SHALL ORALLY NOTIFY THE CITY OF ANY VIOLATIONS OF THIS PERMIT WITHIN 24 HOURS AND FOLLOW THIS WITH NOTIFICATION IN WRITING WITHIN 4 WORKING DAYS OF THE VIOLATION. THE OPERATOR SHALL NOTIFY THE CITY ANNUALLY IN WRITING OF THE TOTAL AREA AND AMOUNT OF MATERIAL MINED AND PROJECTED ESTIMATES OF AREA AND AMOUNT OF MATERIAL TO BE MINED IN THE FOLLOWING YEAR. THIS IS TO BE DONE AT TIME OF LICENSE RENEWAL. 3. THE LICENSE MUST BE RENEWED ANNUALLY AND SHALL RUN FROM JANUARY 1ST THROUGH DECEMBER 31ST. THE ANNUAL LICENSE FEE IS THAT WHICH IS SPECIFIED BY CITY CODE AT TIME OF RENEWAL. THIS LICENSE FEE IS NOT IN LIEU OF GRAVEL TAX COLLECTED BY THE COUNTY AND A PORTION OF WHICH THE CITY RECEIVES. 4. VIOLATIONS OF THIS CONDITIONAL USE PERMIT MAY RESULT IN SUSPENSION OR REVOCATION. ~. THE CITY BUILDING AND ZONING ADMINISTRATOR AND/OR HIS/HER AGENTS SHALL BE PERMITTED TO INSPECT THE OPERATION FOR COMPLIANCE WITH THE CONDITIONS OF THIS PERMIT DURING NORMAL HOURS OF OPERATION. 6. THE CITY'S APPROVAL OF THIS CONDITIONAL USE PERMIT IS SUBJECT TO THE APPROVAL OF APPROPRIATE PERMITS BY OTHER GOVERNMENTAL AGENCIES. 7. NO EXPLOSIVES SHALL BE ALLOWED FOR THIS OPERATION. e 8. THE ENTIRE ACTIVE AREA OF THE SITE SHALL BE FENCED WITH A 4 FOOT HIGH FENCE AND WARNING SIGNS WITH NOTICE OF THE INHERENT DANGERS OF THE OPERATION SHALL BE ERECTED EVERY 100 FEET. 9. ALL VEGETATION ON THE SUBJECT PROPERTY, OUTSIDE OF THE FENCED ACTIVE AREA, SHALL REMAIN IN ITS NATURAL STATE UNTIL MINING OPERATIONS ARE CONCLUDED ON THE ENTIRE PARCEL, WITH THE EXCEPTION OF DISEASE CONTROL. VEGETATION IN SUBSEQUENT PHASES SHALL ALSO REMAIN UNDISTURBED UNTIL THE PRECEDING PHASE IS CONCLUDED. 10. RECLAMATION A. RECLAMATION SHALL BE IMPLEMENTED ON AN ANNUAL BASIS PURSUANT TO THE RECLAMATION PLANS SUBMITTED BY THE OPERATOR. B. EACH YEAR A PLAN FOR THAT YEARS RECLAMATION SHALL BE APPROVED BY THE BUILDING AND ZONING ADMINISTRATOR PRIOR TO ISSUANCE OF THE ANNUAL MINERAL EXCAVATION LICENSE. C. A $5,000 LETTER OF CREDIT, BOND OR OTHER DEPOSIT APPROVED BY STAFF SHALL BE REQUIRED PRIOR TO THE ISSUANCE OF THE ANNUAL LICENSE TO COVER THE FORTH COMING YEARS RECLAMATION. D. THE ANNUAL RECLAMATION PLAN SHALL INCLUDE PLANTING AN AVERAGE OF 50 SEEDLING TREES PER ACRE. SOME AREAS MAY HAVE NO TREES AND STAFF MAY REQUIRE A GREATER THAN AVERAGE NUMBER ON OTHER AREAS, IF CONDITIONS WARRANT. e City Council Minutes September 19, 1994 Page 8 e E. RECLAMATION SHALL INCLUDE TOP SOIL FROM THE SITE BEING PRESERVED AND PUT BACK INTO PLACE AFTER MINING. F. THE VEGETATION ESTABLISHED FOR RECLAMATION MUST BE MAINTAINED UNTIL IT IS SELF SUFFICIENT. G. CONTOURS, FINISHED GRADES, DETAILS OF EROSION CONTROL METHODS, AND SETTLING PONDS, SHALL SUBSTANTIALLY COMPLY WITH THE PLANS SUBMITTED AND THE CITY ORDINANCE AT THE TIME OF RECLAMATION. H. IT IS RECOMMENDED THAT SHIEL Y PLANT TREES NOW THAT WILL HELP SCREEN FUTURE EXCAVATION SITES. 11. GROUND WATER PROTECTION MEASURES SHALL INCLUDE: A. EXTRACTION AND CRUSHING OPERATIONS SHALL BE MAINTAINED AT A MINIMUM OF 40 FEET ABOVE THE WATER TABLE. APPROVAL TO EXCAVATE DEEPER SHALL REQUIRE AN AMENDMENT TO THIS PERMIT. B. THE OPERATOR SHALL FILE WITH THE CITY AN EMERGENCY SPILL RESPONSE PLAN. THE OPERATOR SHALL ADHERE TO THIS PLAN IN THE EVENT THERE IS A SPILL. C. THE OPERATOR SHALL PROVIDE THE FIRE DEPARTMENT WITH A COPY OF THEIR HAZARDOUS MATERIALS LIST. e D. FUEL TANKS SHALL BE ABOVE GROUND, PROPERLY DIKED AND PERMITTED BY MPCA, THE FIRE MARSHALL, AND THE CITY. E. ALL INSTANCES THAT HAVE THE POTENTIAL TO ADVERSELY AFFECT GROUND WATER, INCLUDING, BUT NOT LIMITED TO SPILLS, SHALL BE VERBALLY REPORTED TO THE CITY WITHIN 24 HOURS. THIS VERBAL NOTIFICATION SHALL BE FOLLOWED UP IN WRITING WITHIN 4 WORKING DAYS. F. APPROPRIATE WATER APPROPRIATION PERMIT(S) FROM THE DEPARTMENT OF NATURAL RESOURCES MUST BE OBTAINED. G. GROUNDWATER MONITORING WELLS SHALL BE INSTALLED IN LOCATIONS AND DEPTHS AS RECOMMENDED BY CITY CONSULTANTS. WATER LEVEL MONITORING AND WATER QUALITY MONITORING SHALL BE CONDUCTED AS PER THE CONSULTANT'S RECOMMENDATIONS. A DESCRIPTION OF THE MONITORING SYSTEM SHALL BE SUBMITTED TO THE CITY FOR APPROVAL 14 DA YS PRIOR TO CONSTRUCTION. THE MONITORING SYSTEM SHALL BE COMPLETE PRIOR TO COMMENCING MINING ACTIVITIES. H. WATER USAGE BY MINING ACTIVITIES SHALL NOT ADVERSELY AFFECT ADJACENT RESIDENTIAL WELLS. MITIGATION MEASURES MAY INCLUDE BUT ARE NOT LIMITED TO CURTAILING OF PUMPING ACTIVITIES UNTIL WATER LEVELS RETURN. I. IF IT IS PROVEN BY THE CITY OR THE DNR, THAT THE MINING ACTIVITIES HAVE HAD A NEGATIVE AFFECT ON ADJACENT WELLS THAT WILL REQUIRE REMEDIAL ACTIONS, IT IS THE RESPONSIBILITY OF THE SHIEL Y COMPANY TO TAKE THE REMEDIAL ACTION NECESSARY TO CORRECT THE SITUATION WITHIN e City Council Minutes September 19, 1994 e e C. D. 13. A. B. C. D. E. e F. Page 9 30 DAYS AND PAY FOR BOTH THE REMEDIAL ACTION AND THE CITY'S COST FOR INVESTIGATION. J. ROUTINE VEHICLE MAINTENANCE SHALL BE PERFORMED IN A SHOP OR ON A CONCRETE SLAB. THE SHOP SHALL BE EQUIPPED WITH A FLAMMABLE WASTE TRAP. ALL FLOOR DRAINS IN THE SHOP WILL BE REQUIRED TO DRAIN TO HOLDING TANKS AND TREATED AT AN APPROPRIATE FACILITY, NOT A SEPTIC SYSTEM. A HAZARDOUS WASTE LICENSE THROUGH MPCA WILL BE REQUIRED. ALL WASTE FLUIDS WILL BE CONTAINED, CLEANED UP, AND RECYCLED OR DISPOSED OF ACCORDING TO APPROPRIATE MPCA REGULATIONS. LEAKS FROM EMERGENCY REPAIRS DOWN IN THE FIELD WILL BE CONSIDERED A SPILL. K. SHIELY SHALL CONDUCT BACKGROUND WATER QUALITY TESTING PRIOR TO THE COMMENCEMENT OF MINING OPERATIONS (AS PER THE CITY CONSULTANT'S RECOMMENDATION). 12. WETLANDS A. THE WETLAND PROPOSED TO BE ELIMINATED BY MINING ACTIVITIES IN PHASE II (OR ANY WETLAND PROPOSED TO BE IMPACTED), MUST BE REVIEWED UNDER THE CRITERIA OF THE WETLAND CONSERVATION ACT, RECEIVE APPROVALS FROM ALL APPROPRIATE GOVERNMENTAL AGENCIES, AND BE MITIGATED AT A RATIO OF AT LEAST 2:1, PRIOR TO THE COMMENCEMENT OF MINING ACTIVITIES IN THAT PHASE. IF ALL APPROVALS NEEDED TO ELIMINATE THIS WETLAND CANNOT BE OBTAINED, THE WETLAND MUST BE AVOIDED. B. ALL STORM WATER ASSOCIATED WITH MINING ACTIVITIES MUST RECEIVE PRE- TREATMENT (WHERE NECESSARY) PRIOR TO RELEASE TO NATURAL WETLANDS OR OFF-SITE. BEST MANAGEMENT PRACTICES WILL BE USED TO PROTECT NATURAL WETLANDS. MINING ACTIVITIES SHALL BE ADJUSTED AS NECESSARY TO AVOID NEGATIVE AFFECTS ON WETLANDS, INCLUDING A DECREASE IN WATER LEVELS. OAK WILT CONTROL NO TREES WILL BE CUT FROM APRIL 15TH THROUGH JULY 15TH. ALL STUMPS MUST BE REMOVED PRIOR TO APRIL 15TH THAT ARE WITHIN 100 FEET OF TREES NOT CUT. APPROPRIATE ACTIONS MUST BE TAKEN WHEN CUTTING TREES TO AVOID MECHANICAL DAMAGE TO TREES THAT ARE TO REMAIN. NO ROOTS FROM TREES THAT ARE TO REMAIN SHALL BE LEFT EXPOSED. APPROPRIATE MEASURES SHALL BE TAKEN TO AVOID BARK BEETLES FROM OVER WINTERING IN WOOD FROM TREES THAT ARE REMOVED. SHIEL Y'S WILL CONTROL OAK WILT ON THEIR ENTIRE SITE AS REQUIRED BY THE CITY AND COUNTY FORESTER. City Council Minutes September 19, 1994 e 14. A. B. C. D. Page 10 DUST CONTROL A PERMIT FROM MPCA REGARDING AIR EMISSIONS SHALL BE OBTAINED AND PARTICULATE EMISSION STANDARDS SHALL BE MET BY THE OPERATION. ALL EQUIPMENT SHALL BE LOCATED AS TO REDUCE DUST TO ADJACENT RESIDENTIAL PROPERTIES. WATER, BUT NO CHEMICAL AGENTS SHALL BE USED TO CONTROL DUST AS NECESSARY. THE CITY RESERVES THE RIGHT TO REQUIRE ADDITIONAL MEASURES BE TAKEN IF WARRANTED BY DUST PROBLEMS INCLUDING, BUT NOT LIMITED TO, REDUCING STOCK PILE HEIGHTS. E. THE FIRST 100 FEET OF THE ACCESS ROAD PRIOR TO COUNTY ROAD 33 SHALL ALSO BE PAVED TO MINIMIZE DUST. 15. TRAFFIC A. e ALL TRAFFIC ASSOCIATED WITH THE OPERATION SHALL ONLY USE COUNTY ROAD 33 BACK AND FORTH TO U.S. HIGHWAY 169. EXCEPT FOR LOCALIZED JOBS, NO TRAFFIC FROM THIS OPERATION SHALL USE PROCTOR AVENUE OR COUNTY ROAD 33 TO THE WEST OF THE SITE. A MAP SHALL BE PREPARED BY CITY STAFF THAT DEFINES LOCALIZED JOBS. SHIEL Y SHALL POST NOTICE OF THESE REQUIREMENTS AT THE EXIT FROM THEIR SITE. FAILURE TO CONTROL TRAFFIC FROM THIS OPERATION SHALL CONSTITUTE A VIOLATION OF THIS PERMIT. B. AN ACCELERATION AND BY-PASS LANE SHALL BE CONSTRUCTED AT SHIELY'S EXPENSE AND ON RIGHT-OF-WAY THEY DEDICATE TO SHERBURNE COUNTY AS PER THE SPECIFICATIONS OF THE SHERBURNE COUNTY ENGINEER, PRIOR TO HAULING ACTIVITIES COMMENCING. C. THE LOCATION OF THE ACCESS TO THE SITE SHALL BE DETERMINED BY THE SHERBURNE COUNTY ENGINEER. AN ACCESS PERMIT FROM SHERBURNE COUNTY MAY BE REQUIRED OF THE OPERATOR. D. THE OPERATOR SHALL REIMBURSE SHERBURNE COUNTY FOR ABNORMAL WEAR ON (DAMAGE CAUSED BY OTHER THAN TRAFFIC FLOW THAT THE ROAD WAS DESIGNED TO HANDLE) HAUL ROADS THAT IS CAUSED BY THE OPERATION. 16. THE BERM ALONG COUNTY ROAD 33 IDENTIFIED IN THE OPERATOR'S PLANS, SHALL BE CONSTRUCTED TO ACT AS A VISUAL SCREEN OF THE OPERATION. THIS BERM SHALL BE BUILT AND LANDSCAPED WITHIN THE FIRST YEAR OF THE MINES OPERATION ACCORDING TO A LANDSCAPED PLAN APPROVED BY STAFF. e 17. WASH WATER USED IN THE OPERATION SHALL BE RECYCLED IN A TWO POND SYSTEM ALLOWING FOR SEDIMENTATION. City Council Minutes September 19, 1994 e e 21. 22. 23. A. e B. Page 11 18. NOISE A. NOISE FROM SCREENING AND CRUSHING ASSOCIATED WITH THIS OPERATION SHALL BE CONTROLLED BY LOCATION ON THE SITE, THE PLACEMENT OF STOCKPILES, TYPE OF EQUIPMENT AND ULTIMATELY BY PLACING THEM IN SOUNDPROOF BUILDINGS, IF NECESSARY AS DETERMINED BY STAFF. B. MICROWAVE BACK-UP ALARMS OR EQUIVALENT ALTERNATIVE TECHNOLOGY SHALL BE USED AS DETERMINED NECESSARY BY STAFF. C. A TURNAROUND WILL BE PROVIDED WITHIN THE PIT SO THAT TRUCKS NOT EQUIPPED WITH MICROWAVE BACKUP ALARMS WILL NOT NEED TO BACK UP. D. FIFTY-FIVE (55) DECIBELS AT THE SITE'S WEST AND SOUTH PROPERTY LINES AND STATE STANDARDS AT THE OTHER PROPERTY LINES ARE THE NOISE LEVEL STANDARDS THAT SHALL BE ADHERED TO AT ALL TIMES BY THE OPERATOR. 19. HOURS OF OPERATION ALL MINERAL EXCAVATION AND PROCESSING ACTIVITIES SHALL BE CONDUCTED BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., MONDAY THROUGH SATURDAY. INCREASED HOURS SHALL REQUIRE AN AMENDMENT TO THIS PERMIT AND CANNOT BE REQUESTED THE FIRST YEAR OF THIS PERMIT. 20. LIGHTING LIGHTING FROM THE OPERATION SHALL BE DIRECTED AWAY FROM PUBLIC RIGHT-OF-WAY AND NEARBY OR ADJACENT RESIDENTIAL PROPERTY. GLARE, WHETHER DIRECTED OR REFLECTED AS DIFFERENT FROM GENERAL ILLUMINATION, SHALL NOT BE VISIBLE FROM BEYOND THE LIMITS OF THE IMMEDIATE SITE. ALL SOURCES OF ARTIFICIAL LIGHTS SHALL BE SO FIXED, DIRECTED, DESIGNED, OR SIZED, THAT THE MINIMUM SUBTOTAL OF THEIR ILLUMINATION SHALL NOT INCREASE THE LEVEL OF THE ILLUMINATION ON ANY NEARBY RESIDENTIAL PROPERTY FOR MORE THAN .1 FOOT CANDLES IN OR WITHIN 25 FEET OF A DWELLING OR MORE THAN .5 FOOT CANDLES ON ANY PART OF THE PROPERTY. THE PILING, STORING, OR KEEPING OF OLD MACHINERY, JUNK, DEBRIS, OR ABANDONED MOTOR VEHICLES, SHALL BE PROHIBITED ON THE SITE. MINING ACTIVITIES SHALL NOT CAUSE EXCESSIVE VIBRATION OFF-SITE. MECHANISM FOR RESPONDING TO COMPLAINTS REPRESENTATIVES OF THE SHIELY COMPANY SHALL MAKE THEMSELVES AVAILABLE TO ADDRESS COMPLAINTS. A PLAN TO DEAL WITH THE COMPLAINT SHALL BE DEVELOPED AND IMPLEMENTED. SHIEL Y WILL ALSO FOLLOW-UP WITH THE COMPLAINANT AND ALL APPROPRIATE DOCUMENTS COPIED TO THE CITY WITHIN ONE WEEK. CITY STAFF WILL FACILITATE MEETINGS BETWEEN REPRESENTATIVES OF THE RIDGEWOOD AND GREENHEAD NEIGHBORHOODS AND SHIEL Y TO DISCUSS ISSUES ON 6/1/95, 8/1/95 AND 10/1/95. SHIELY WILL FACILITATE FUTURE City Council Minutes September 19, 1994 Page 12 e MEETINGS AS NECESSARY, BUT THESE MEETINGS WILL BE HELD A MINIMUM OF TWICE A YEAR ON MARCH 1ST AND AUGUST 1ST. THE CITY WILL BE INVOLVED IN THESE FUTURE MEETINGS ONLY IF REQUESTED BY EITHER PARTY. 24. APPROVAL OF THIS PERMIT IS SUBJECT TO THE SITE BEING REZONED TO ME/MINERAL EXCAVATION OVERLAY DISTRICT. COUNCILMEMBER FARBER SECONDED THE MOTION. Council member Farber questioned whether the County would continue to monitor County Road 33 for safety. Dave Schwarting, County Engineer, indicated the County is very concerned with the condition of County Road 33 and will continue to monitor the road and actively work with the City regarding the situation. THE MOTION CARRIED 5-0. . The Council recessed at 8:35 and reconvened at 8:38 p.m. 7.2. Consider a Rezoninq Request by the City of Elk River e Steve Rohlf, Building and Zoning Administrator, indicated that the City is initiating a zone change to Mineral Excavation Overlay District on property designated for mineral excavation. Steve Rohlf explained that an overlay district will put future purchasers of property within and surrounding the district on notice of the intent of these property owners to mine gravel. Mayor Duitsman opened the public hearing. Gary Sauer of Barton Sand and Gravel was present to answer questions. There being no comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 94-12, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY TO ME (MINERAL EXCAVATION OVERLAY). COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER SCHEEL OPPOSED. 7.3. Consider a variance request by Riverview Sports, Public Hearinq, Case No. V94-8 Troy Langer, Planning Intern, indicated that Riverview Sports has submitted an application for an 8 foot variance from the 10 foot sign setback and a 20 foot variance from the 150 foot sign size requirements. Troy Langer explained that the applicant is proposing to remove the existing nonconforming sign and replace it with the proposed sign. e Troy Langer indicated that the applicant felt that both variance requests were necessary due to several reasons, including obstruction of view from the construction of a new wall, proposed fencing on top of the wall by MnDOT. and the topography of the land. Troy Langer stated that the Staff has reviewed the request and recommends denial based on the reasons as stated in the memo City Council Minutes September 19, 1994 Page 13 e dated September 19, 1994. He further indicated that the Planning Commission recommended approval with a 3-2 vote. Mayor Duitsman opened the public hearing. Mr. Lundquist, Riverview Sports, stated that both variances were necessary in arder to properly advertise his business. He felt the variance should be granted due to his location from the highway, the construction currently taking place and the addition of a retaining wall. Councilmember Dietz indicated his concern regarding the setback variance. He felt the sign was too close to the road which could create a safety hazard. Council member Holmgren indicated that the sign is an improvement and that he would vote in favor of the request. Councilmember Farber concurred with Councilmember Holmgren. e COUNCILMEMBER SCHEEL MOVED TO APPROVE THE VARIANCE REQUESTS BY RIVERVIEW SPORTS, PUBLIC HEARING, CASE NO. V94-08, BASED ON THE FINDING THAT THE ELEVATION BETWEEN HIGHWAY 10 AND THE SUBJECT SITE IS UNIQUE AND UNUSUAL WITHIN THE CITY AND THE SERVICE ROAD ONLY AGGRAVATES THE SITUATION AND WITH THE STIPULATION THAT THE APPLICANT BE LIMITED TO TWO HUNDRED FIFTY (250) SQUARE FEET OF WALL SIGNAGE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED AS HE FELT THE SIGN SHOULD BE MOVED AT LEAST FOUR FEET FROM THE ROADWAY. 7.4. Preliminarv Plat and Conditional use Reauest by Elk River Development. Inc. Public Hearinq, Case No. P 94-10 and CU 94-30 Steven Ach, City Planner, indicated that Elk River Development. Inc. is requesting a preliminary plat and a conditional use permit to develop a commercial PUD at the northeast corner of Elk Hills Drive and US Highway 169. Steve Ach stated that the developer's proposal consists of four free-standing buildings to include a mixture of retail, auto repair and a sit-down restaurant. Steve Ach indicated that staff has reviewed the following issues in relation to the proposed development plan: traffic; site plan design; proposed uses/hours of operation; parking and circulation; landscaping; building elevation/architecture; and signage. Steve Ach indicated that staff is recommending approval of a conditional use permit to approve a commercial PUD and of the preliminary plat to include four lots. Steve Ach further indicated that the Planning Commission also recommended approval. Council member Holmgren indicated that the development would put a greater traffic burden on the intersection of Elk Hills Drive and Highway 169. He questioned whether the developers are aware of the possibility of paying their "fair share" of any future improvements made to the intersection. Terry Maurer indicated that he has informed the developers of this possibility. e Mayor Duitsman opened the public hearing. City Council Minutes September 19, 1994 Page 14 e Bill Christian, J8847 Dodge Avenue, indicated he was present in 1990 when the Council decided that auto related businesses would not be allowed in the PUD. He indicated that he built his home in the area under this assumption and now feels that the auto business will make it more difficult to sell his home. Mr. Christian indicated his concerns relating to noise, heavy traffic, architectural design, landscaping, and lighting. Mr. Dan O'Brien, Architect for the developer, indicated that the building will be facing the highway which will eliminate much of the noise. He further indicated that there is a large amount of green space planned and the architecture of the building is such that part of it will be underground. Council member Scheel indicated she did not feel an auto use is compatible with a sit-down restaurant. Council member Dietz indicated his concern witl'1 the increased traffic on Dodge Avenue. Councilmember Dietz suggested moving the auto facility to the northern edge of the plat. Council member Scheel indicated her concern regarding existing residents backing onto Dodge A venue with the increase in traffic. e Ed Wortman, J8857 Dodge Street, indicated he concurred with Bill Christian's comments. He stressed safety as there are 12 children in the immediate area. Jackie Kadrowski, J8837 Dodge Streett. stated that the intersection was very confusing. She indicated she was concerned with the increased traffic. She indicated that this is just a proposal which can be changed. She stated that the area needs City sewer and water and that she is concerned with the safety and quality of life for residents in the area. Tim Christen, J J378 J89th Ave NW, reviewed the history of the area. He indicated that there is too much traffic for the road and the intersection. He suggested that the Council not grant the conditional use permit until a traffic plan for the area has been devised. There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Farber indicated that the traffic pattern should be reviewed in this area before it gets worse. Mayor Duitsman indicated he would like to delay action until a traffic study is completed and presented to the City Council. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE ANY ACTION ON THIS ISSUE UNTIL THE OCTOBER 17, 1994, CITY COUNCIL MEETING SO THAT A TRAFFIC STUDY CAN BE PRESENTED TO THE CITY COUNCIL PRIOR TO A DECISION BEING MADE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e City Council Minutes September 19, 1994 Page 15 e 7.5. Conditional Use Permit Request by Northern States Power INSPL Public Hearinq, Case No. CU 94-29 Steven Ach, City Planner indicated that Northern States Power (NSP) Resource Recovery Facility is requesting an amendment to their conditional use permit to construct a fifty (50) foot by eighty (80) foot metal skin building to store equipment and parts which are currently located outdoors. Steve Ach indicated that staff recommended approval of the request. He further indicated that the Planning Commission reviewed the request and also recommended approval"r<f' Mayor Duitsman opened the public hearing. Glen Kaas, Plant Manager, of the Elk River Resource Recovery Facility indicated that the facility was necessary for storage. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO APPROVE AN AMENDMENT TO THE CONDITIONAL USE PERMIT REQUEST BY THE ELK RIVER RESOURCE RECOVERY FACILITY TO CONSTRUCT A FIFTY BY EIGHTY FOOT METAL SKIN ACCESSORY STRUCTURE WITH THE FOLLOWING CONDITIONS: 1. THE EXTERIOR OF THE ACCESSORY BUILDING BE PAINTED TO MATCH THE EXISTING FACILITY. - 2. THE APPLICANT ADD A DOUBLE, STAGGERED ROW OF SIX (6) FOOT CONIFEROUS TREES ALONG THE NORTH PROPERTY LINE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Consider a variance reauest by Charlie Combs, Public Hearin<;l, Case No. V 94-10 Troy Langer, Planning Intern, indicated that Charlie Combs has submitted an application for a twenty (20) foot variance from the one hundred fifty (150) foot setback requirements for a septic system from shoreland boundary. Troy Langer indicated that Mr. Combs purchased the property (Lot 2, Block 1, Shores of Briarwood Subdivision) about two years ago. He stated that if the variance is not granted Mr. Comb will not be able to build and live in this subdivision. Troy Langer indicated that staff recommends approval based on staff's findings listed in the Staff memo dated September 19,1994. Mayor Duitsman opened the public hearing. There being no one for or against the matter Mayor Duitsman closed the public hearing. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE A 20 FOOT VARIANCE FOR A SEPTIC SYSTEM TO BE LOCATED ONE-HUNDRED THIRTY (130) FEET FROM THE ORDINARY HIGH WATER MARK OF KLlEVER'S MARSH FOR MR. CHARLIE COMBS BASED ON THE FINDINGS OF FACT CITED IN STAFF'S MEMO DATED SEPTEMBER 19, 1994. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5- O. City Council Minutes September 19, 1994 Page 16 e 7.7. Consider an Ordinance Amendment Request by Jake Jacobson, Public Hearinq, OA 94-3 Steven Ach, City Planner, indicated that Jake Jacobson has requested an ordinance amendment exempting Lot 4, Block 4, Oak Meadows from the interim subdivision moratorium ordinance for parcels less than ten (10) acres in size for the eastern area of the City of Elk River. Mayor Duitsman opened the public hearing. Jake Jacobson, property owner, was present to answer any questions. Mayor Duitsman closed the public hearing at this time. COUNCILMEMBER SCHEEL MOVED TO ADOPT ORDINANCE 94-13, AN ORDINANCE AMENDMENT EXEMPTING LOT 4, BLOCK 4, OAK MEADOWS FROM THE INTERIM ORDINANCE ESTABLISHING A SUBDIVISION MORATORIUM ON CERTAIN PROPERTIES WITHIN THE EASTERN AREA OF THE CITY, CASE NO. OA 94-0'3. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8. Consider an Administrative Subdivision Request by Richard Hetland, Case No. AS 94-15 - City Planner, Steven Ach, indicated that Mr. Richard Hetland is requesting an administrative subdivision to divide an existing 1.36 acre parcel into a .95 acre parcel and a .41 acre parcel. The parcel of property is located at 18810 Boston Sf. NW. Steven Ach indicated that Mr. Hetland is requesting to subdivide the parcel to help pay the costs of city sewer and water assessments. Mayor Duitsman opened the public hearing. There being no onefor or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY RICHARD HETLAND, CASE NO. AS 94-15, TO DIVIDE AN EXISTING 1.36 ACRE PARCEL INTO A .95 ACRE PARCEL (PARCEL A) AND A .41 ACRE PARCEL (PARCEL B) CONTINGENT ON THE FOLLOWING CONDITIONS: 1. A CROSS ACCESS AGREEMENT FOR DRIVEWAY PURPOSES BETWEEN PARCEL A AND PARCEL B BE COMPLETED PRIOR TO THE RECORDING OF THE ADMINISTRATIVE SUBDIVISION. 2. THE ABOVE GROUND POOL LOCATED ON THE NORTH SIDE OF PARCEL A BE ALLOWED ONE YEAR TO MEET THE REQUIRED EIGHT (8) FOOT SIDE AND REAR YARD SETBACK. 3. PARK DEDICATION IN THE AMOUNT OF $450.00 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. 4. STORM WATER IMPACT FEE IN THE AMOUNT OF $100.00 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes September 19, 1994 Page 17 e 7.9. Consider a rezonina request by the City of Elk River. Public Hearinq. Case No. ZC 94-10 Steven Ach, City Planner, stated that the City is requesting a zone change of approximately 150 acres from PUD (Planned Unit Development) and C2 (Office District) to BP (Business Park) for properties lying south of US Highway 10 between Joplin Street extension and Waco Street. Steve Ach explained that the 1990 Focus Area Study identified a portion of the western area of the community for light industrial with a PUD zoning. Since this designation, the Steering Committee and the Business Park Task Force have identified this property for business park industrial opportunities, with a zoning of Business Park. Steve Ach indicated that a Business Park zoning designation allows for more land use opportunities than the current zoning designation of PUD and land use of L1. Chris Kreger indicated that the Planning Commission unanimously supported the request to rezone the identified property to Business Park. Mayor Duitsman opened the public hearing. Jay Johnson, of Country Ridge Partnership indicated that a portion of property owned by Country Ridge Partnership is included in the rezoning request. He indicated that he would like the Council to delay the rezoning to give them time to bring forward their own applications for the property. e Stewart Wilson, 17975 Troy Street. indicated he is the owner of a portion of the property proposed for rezoning. He requested that the Council consider moving the proposed rezoning line slightly to the north of his property to allow a larger area for residential development. The southern border of the BP zone would extend directly west of the southwest corner of the County Government property. He further indicated that he is in favor of the business park rezoning. Pat Dwyer, Business Park Task Force Member, indicated that the Business Park Task Force would like to see the Council move forward with rezoning the property to Business Park. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 94-14, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM PUD AND C2 TO BP. COUNCILMEMBER FARBER SECONDED THE MOTION. Council member Holmgren suggested that the three week delay which has been requested by Country Ridge Partnership is not unreasonable considering that they own a portion of the property under consideration for zone change. Councilmember Scheel indicated she would be opposed to the rezoning because Tony Emmerich owns a portion of the land under consideration for rezoning and he is opposed to the rezoning at this time. e City Planner Steve Ach distributed a letter of support for the zone change to Business Park from the Elk River Area Chamber of Commerce dated September 16,1994. e e tit City Council Minutes September 19, 1994 Page 18 THE MOTION FAILED 3-2; COUNCILMEMBERS HOLMGREN AND SCHEEL OPPOSED. COUNCILMEMBER FARBER MOVED TO RECONSIDER THE PREVIOUS MOTION RELATING TO THE BUSINESS PARK REZONING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO CONTINUE ACTION ON THE BUSINESS PARK REZONING REQUEST TO THE OCTOBER 17, 1994, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.10. Consider Initiatina Applications as a Follow-up to Rezonina to Business park COUNCILMEMBER FARBER MOVED TO CONTINUE ACTION ON THIS ISSUE TO THE OCTOBER 17, 1994, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.11. Consider Initiatinq rezonina of Sandpiper Estates Steven Ach, City Planner, recommended that the City Council initiate the rezoning of Sandpiper Estates Subdivision to an appropriate zoning designation to maintain a minimum lot size of one acre until city services are available. COUNCILMEMBER DIETZ MOVED TO INITIATE THE REZONING OF SANDPIPER ESTATES SUBDIVISION TO A ZONING DESIGNATION OF A MINIMUM ONE ACRE LOT SIZE UNTIL CITY SERVICES ARE AVAILABLE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Other Business The City Administrator informed the City Council that the City has received a Soil and Water Conservation Grant. The grant will be used for continued rip rap work along the river bank. The City Administrator informed the City Council of the upcoming 2001 Conference. 10. Adiournment There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the City Council adjourned at 11 :00 p.m. Respectfully Submitted, ~a~ Sandra A. Thackeray City Clerk