6.3. SR 03-12-2001City of
River
MEMORANDUM
Item #
6.3
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Cou~ncil
Michele McPherso~, Director of Planning
March 12, 2001
Reconsider Preliminary Plat of Hillside 8th Addition
The developer has submitted a revised preliminary plat of Hillside 8th Addition for the
Council's reconsideration.
Attachments
· February 13, 2001 Letterfrom Leo Offerman re: EMF
· March 2, 2001 Letter from Cheryl Becker, 11452 197th Avenue
· March 4, 2001 Letter from Anne Schroeder, 19500 Auburn Street
· Revised Plat Dated February 23, 2001
· City Council Minutes of January 23, 2001
· Staff Report Dated January 16, 2001
The revisions to the plat are as follows:
Reduction in the number of lots from 104 to 99.
Shifting of Dodge Street to the east.
Increase in the lot depths of the lots behind Menards from 150 feet to 174
feet thereby creating a larger, usable rear yard.
Increase in average lot size from 16, 812 square feet to 17,532 square feet.
No further review of the plat has occurred.
Per the Council's direction, the neighbors were notified of this meeting date and received
a copy of both the original and revised plats.
Planning Commission Comments
Also per the Council's direction, the Planning Commission reviewed the revisions at its
February 27, 2001 meeting. The consensus of the Commission was that the revision
was an improvement over the original proposal. Commissioner Pederson was interested
in a sidewalk down Dodge Street.
S:\PLANNING~vllCHMC\CCREPRTS\HILLSID8.DOC
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425
02/15/2001
10:14 FAX 612 241
1399 RIVERSIDE
002/003
CON'NEXUS
ENERGY
Memo
Februal-y 13, 2001
Riverside Development
Daryl Thompson
From: Leo Ofrerman
Reaardinu: EMF
I know that the transmission lines have been brought up regarding the siting of the park
area in your new development. I thought that the following might be of interest to you,
Counterpoint: There is no conclusive evidence that power-line EMF harms health
The Feb. :3 Counterpoint "Evidence suggests transmission lines indeed dangerous"
misled readers by suggesting electric and magnetic fiek/s (EMF). specifically those from
transmission lines, pose a health dsk EMF exists wherever electricity is present, whether near
appliances or other household equipment, or near tran~mis,~Jon and distribution lines that
transport electricity from power plants to hames and businesses, it is impossible to generate and
use electrical energy without creating such fields: they are an inevitable consequence of our
reliance on electricity.
Alter more than 30 years of extensive mseamh on power lines and EMF, and a recent
examination of that body of research by our count~/'s most prestigious govemment research
organizations, them is no conclusive evidence that EMF exposure from power lines, even at high
levels, causes adverse health effects. During the past five yams, more than 30 major
epidemiological studies of power-frequency fields and cancer support this conciusJon.
In June 1999, the National Research Council established a committee of scientists and
engineers to review the activities conducted under the EMF-Research and Public Information
Program. In its report, the council concluded that "the results of the EMF-RAPID program do not
support the contention that the use of electricity poses a major unreco~,,nized public.health
danger."
The National Institutes ol Environmental Health Sciences in its June 1999 report states,
'"The sdentffic evidence suggesting that EMF exposures pose any health dsk is weak." It further
states, "Virtually all of the laboratory gvidence in animals and humans, and most of the
mechani~c work done in cells, fails to support a causal relationship between exposure to EMF at
environmental levels and changes in biological function or disease status."
In January 2000, the Minnesota Department of Health completed an assessment of EMF
health effects research. The department conducted this assessment because of public concems
regarding the potential of EMF to cause cancer and other adverse health effects. The
assessment included an evaluation of the peer-reviewed literature and the conclusions of the
scientific committees convened by federal agencies and the U.S. Congress. The Heal/~
Department's assessment concluded that the current body of evidence does not show that
02/15/2001 THU 10:14 FAX 612 241 1399 RIVERSIDE ~003/003
exposure to these fields is a health hA7Ard. "Specifically, no conclusive and consistent evidence
shows that exp<~ums to residential electric and magnetic fields produce cancer or any other
adverse health effects,' the report says.
-Heidi Benedict, Minneapolis. Environrnentei analyst at Xcel Energy, published in the Star Tdbune
Sincerely,
from the desk of .......
Leo Offerman
Utility services Representative
Connexus Energy, Power Max
14601 Ramsay Blvd
Ramsay, MN 55503
(612)-323-2711
Fax: (812) 506-9541
e-mail le oo~aec-_~e_ rvic~_~.co m
Cheryl Becker
11452 197th Avenue NW
Elk River, Mn 55330
City Council, City Planning, Planning Co~mnission and Park Board
Elk River City Hall
13065 Orono Parkway
Elk River, MN 55330
RE: Proposed Preliminary Plat Approval for Hillside Estates 8th Addition
March 2,2001
Dear City Council, City Planning, Planning Commission and Park Board,
I am unable to attend the March 12 Council meeting because of two prior commitments.
I am writing again and some of this may be repetitive. I am making sure I am heard now
that this is up before the Council again, and this issue is not clear.
I share a common property line with the north end of the vacant commercial lot on
Hillside Crossings (Menards, Harley, Amoco development) and the north side of Hillside
Estates 8th Addition. (My property is the colored red lot on enclosed map).
My concerns are as follows:
Trail proposals on Plat:
I am opposed to having anything written in the plat in regard to a trail or chip trail
to run north of 196th now or in the future.
I am opposed to having the "No Cut Buffer" that is on the plat for Hillside
Crossings Four on the north end of the vacant lot to be included or added into this
plat for Hillside Estates 8th Addition. The Park Board and City Planning
mentioned adding this in at the last council meeting on Hillside Estates 8~
Addition plat approval for the future chip trail that would mn north of 196th,
because the future chip trail would have to cross this narrow "no cut buffer" to
end at the comer of 197 Ave. and Evans. This same trail was denied and
removed by the City Council on March 26,1996 or April 11,1996 in the approval
of the Hillside Crossings Two or Four as the map now states, for the Menards
development. (Listen to the video) Why do I have to defend this exact same trail
problem again? The trail would have mn across the back of my property and a 20-
foot ''NO CUT BUFFER"(yellow line on map) was decided on to buffer my home
and the neighborhood from these commercial businesses. If a trail would ever go
through this NO CUT BUFFER, it would have to be graded because Iow and trees
cut to make the trail and this would defeat the original reasoning behind this
buffer.
3. My home is only 30 feet from this common property line and a trail so close to
my home would be a problem for me with vandalism, privacy, and safety for my
family and daycare business and me. I urge you all to come out and see.
4. The paved trail comes out to 196th^ye, and 196th Ave. has the sidewalk that joins
to the sidewalk system on Evans, which is very close to where the chip trail would
come out. There is no reason to fun a chip trail behind my home and the few
future homes in the development.
5. I am the only resident and business this trail would affect in a detrimental way at
this time.
In regard to the development as a whole:
1. I still do not agree with a NO CUT BUFFER to be included in the lots regardless
the size of the lot. This buffer behind Menards is now narrow because of the
mistake and over cutting when cleating for Menards. No one enforces the
property owners from cutting on their lots should they want to.
2. The traffic problem still exists and was a major concern with the Planning
Commission and the City Council with this plat approval. There is a safety issue
with the residents and pedestrians on Dodge and with all the traffic being
funneled out to the intersection on Evans and 193fa.
3. I disagree with the clearing and leveling of these beautiful hardwoods in the Elk
river City limits. They are the only ones really let~. The Brentwood development
is rolling and has the hardwoods and the lots there are made larger and the trees
saved. Why can't this development be set up something like Brentwood. People
would be willing to pay more for bigger lots and trees. It is a shame to see Elk
River allowing the clear cutting of century old trees and hardwoods for small lots
and hundreds of homes.
Overall, the major concerns and problems from the City Council, Planning Commission,
and the citizens that live around this proposed development still exist and the developer
didn't change anything nor address these with the new plat.
Thank you for taking the time to read this.
Cheryl Becker
763-441-3509
LOCATION~~
PAR~
LOCATION
MAP
~06~Orono~'~,~.P.O. Box~90 CASE: P 00-18
Elk River. ~[N
March 4, 2001
The Mayor
The City Council
City of Elk River
13065 Orono Parkway
Elk River, Minnesota
Dear Mayor and City Council,
I am writing to express my upset and dismay at the prospect of a park behind Auburn Street. I received a letter
from the City of Elk River (which was greatly appreciated) detailing the new plat for Hillside 8th Addition. I
called and spoke to Michele McPherson. Ms. McPherson carefully and very professionally broke the ugly news that
a park is planned in that area. When we purchased our home no mention was ever made of the park, although we
carefully asked about future development plans. We were assured that the presence of power lines precluded any
development.
This area is wooded, we have a deer feeder in our back yard. This type of area is rare and should be preserved. It
does not have useful development potential. The poweflines make it unsuitable for a children's play area. It
seems the choice of placement was a "easy out" for the developer, not the best choice for children.
The plans for this park, even though tentative, are not neighborhood friendly. After the choice of an unsuitable
site, the problem is made even worse. Ms. McPherson explained there is no mandated buffer between the park and
the backyards. This is a neighborhood park that the neighborhood does not want. I respectfully request that you
honor the special quality of life that made us choose Elk River for a home and require the developer to offer a
location which is a good choice for young children and a good choice for residents.
Thank you for your consideration.
Sincerely,
Anne Schroeder
19500 Auburn St. NW
Elk River
City Council Minutes
January 22, 2001
Page 2
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.1.
Request by Phoenix Enterprises for Preliminary Plat Approval ('Hillside Estates 8th
Addition~, Public Hearin.q - Case No. P 00-18 - Continued from 1/16/01 Meetin.q
Director of Planning Michele McPherson stated that, per Council direction, staff
prepared a resolution denying the preliminary plat for P 00-18, Hillside Estates 8th
Addition.
Councilmember Dietz stated that he would not vote for this resolution based on
the following reasons:
· The complete area (Hillside 1-7, 9, Coborn's, and Menards) used to be
forested with trees so the argument that trees should not be cleared from
the Hillside 8r~ Addition is not valid.
· The property has always been zoned R le, which requires lot sizes to be a
minimum of 12,000 square feet and the Hillside Plat has lot sizes averaging
17,000 square feet.
· The reason the park location was selected near powerlines was because
it was centrally located for the whole Hillside Development and it was also
the flattest and most open location in the Hillside Estates 8th Addition.
· Traffic on 193~d Avenue and Evans Avenue is not a problem now but if it
were to be an issue in the future then the city could look at installing a
traffic signal.
Councilmember Dietz stated that the only part of the plat he would like to see
changed is the removal of the two lots located in a wetland area.
Councilmember Dietz stated that this plat meets all regulations set forth in the Rle
zoning district and should be passed accordingly.
COUNClLMEMBER MOTIN MOVED TO APPROVE RESOLUTION 01- 05 DENYING
PRELIMINARY PLAT REQUEST P 00-18, HILLSIDE ESTATES 8TM ADDITION, AND
ESTABLISHING FINDINGS OF FACT THEREFOR. MAYOR KLINZING SECONDED THE
MOTION.
Councilmember Motin stated his concern that the 50' no cut buffer zone would
be part of the lots located on the west end of the plat and that the lot area of
these lots should not be included as part of this buffer zone. Councilmember
Motin further stated that the retaining walls were overly high, and the parkland
should be in a location away from powerlines.
Councilmember Kuester commented on the proximity of the park to the
powerlines and asked if this had been an issue or concern in the past when other
parks or trails were sited.
Councilmember Tveite expressed concerns regarding the 50 foot no cut zone as
being a part of the lots located on the west end of the development and with
traffic safety on 193rd and Evans.
Mayor Klinzing stated that the density of this development was too high, as it
would cause traffic issues at 193rd and Evans, and 193rd and Dodge. Mayor
City Council Minutes Page 3
January 22, 2001
Klinzing stated that the city should study traffic issues that would be created by
new developments.
THE MOTION CARRIED 3-2. COUNCILMEMBERS DIETZ AND KUESTER OPPOSED.
Councilmember Kuester stated that she opposed the motion as she did not
agree with all the findings in the resolution.
4.2.
Authorize Evans and 193rd Traffic Study
City Engineer Terry Maurer stated that the city would like to complete a traffic
count study on Evans Avenue and 193r~ Avenue. Mr. Maurer indicated that the
study would cost approximately $5,000.
COUNCILMEMBER KUESTER MOVED TO AUTHORIZE A TRAFFIC STUDY F(~
AVENUE AND 193RD AVENUE. COUNClLMEMBER TVEITE SECONDED THI
MOTION CARRIED 5-0.
THE
4.3. Authorize Park Land Ne.qotiation with Grace Assembl,
Director of Planning Michele McPherson stated that staff ~uld like authorization
from the Council to begin negotiations for the purchase oproximately 10
acres of land from the Grace Assembly of God McPherson stated
that the area is near an urban residential location w there is little parkland
and that there may be future opportunities to more land in the area.
City Engineer Terry Maurer informed council thc
plans to loop the water system between
The need to acquire necessary easements
negotiations.
Municipal Utilities have future
Ridge and County Road 13.
be brought up during these
COUNCILMEMBER MOTIN MOVED TO
WITH GRACE ASSEMBLY OF GOD
OF PARKLAND AT $14,500 PER ACRJ
MOTION. THE MOTION CARRIED ,~
STAFF TO BEGIN NEGOTIATIONS
FOR THE PURCHASE OF UP TO 10 ACRES
SECONDED THE
5. Open Mike
No one appeared for o mike.
6.1. Consider Rec
for Palice Officer Position
Police Chief Tom
River Police
months to co~
of police
stated that two police officers might be leaving the Elk
~s stated that the hiring process takes three to four
and he would like authorization to advertise for the position
Council~ Dietz questioned if the police department had an established
eligibi list. Chief Zerwas stated that the market for police officers is very
corn and his department does not have a current eligibility list because
it's hard to keep a list of good qualified applicants for more than a few months.