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07-29-1996 CC MIN - SPECIALSPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE SALK JUNIOR HIGH SCHOOL MONDAY, JULY 29, 1996 Members Present: Members Absent: Staff Present: Mayor Duitsman, Councilmembers Dietz, Scheel, Farber, and Holmgren None Pat Klaers, City Administrator; Terry Maurer, City Engineer; Peter Beck, City Attorney; Sandra Thackeray, City Clerk; Steven Ach, City Planner 4.1. 4,2. Call Meetinq To Order Pursuant to due call and notice thereof, the special meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Duitsman. Consider Council A,clenda Item 6.3., 171st Avenue and Item 6.4., Joplin North Frontage Road, were added to the agenda. COUNClLMEMBER FARBER MOVED TO APPROVE THE JULY 29, 1996, CITY COUNCIL AGENDA AS AMENDED. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider 7/15/96 Closed Meetinq Council Minutes COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 7/15/96 CLOSED MEETING CITY COUNCIL MINUTES. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Zone Chan.qe of Approximately 11 Acres from I-1 ILi.qht Industrial) to PUD (Planned Unit Development), Case No. ZC 96-13 Conditional Use Permit for Truck Terminal, Case No. CU 96-18 Preliminary and Final Plat to Subdivide Approximately 11 Acres Into One Industrial Lot and One Outlot, Case No. P 96-8 City Planner Steve Ach indicated that Lefebvre Companies, Inc. have made the following requests: · Rezoning of approximately 3 acres from I-1 (Light Industrial) to PUD (Planned Unit Development) · Preliminary Plat Request to subdivide approximately 11 acres into one industrial lot and two outlots. · Conditional Use Permit for site plan review of the proposed planned unit development. · Final Plat approval to create one industrial lot and two outlots. Special City Council Meeting July 29, 1996 Page 2 Steve Ach indicated that the location for these requests is the northeast corner of Ulysses Street and 171st Avenue. Steve Ach reviewed the staff report on these issues. Mayor Duitsman opened the public hearing. Landol Locher, resident on 171st Avenue questioned how his property would be zoned. Steve Ach indicated that his property is currently zoned commercial. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 96-19, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE THREE ACRES OF PROPERTY FROM I-1 (LIGHT INDUSTRIAL) TO PUD (PLANNED UNIT DEVELOPMENT) BASED ON THE FINDINGS OUTLINED IN THE STAFF REPORT AND RECOMMENDED BY THE PLANNING COMMISSION, CASE NO ZC 96-13. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT FOR THE LEFEBVRE ADDITION TO SUBDIVIDE APPROXIMATELY 11 ACRES INTO ONE INDUSTRIAL LOT AND TWO OUTLOTS WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED. APPROPRIATE RIGHT-OF-WAY BE DEDICATED ALONG 171sT AVENUE TO FACILITATE THE CONSTRUCTION OF THAT STREET. SURFACE WATER MANAGEMENT FEE, WHICH APPLIES TO LOT 1, BLOCK 1 BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A SEAL COATING FEE BE PAID FOR ULYSSES STREET PRIOR TO RELEASING THE PLAT FOR RECORDING. THE REPLA1'rlNG OF THE OUTLOT TO THE EAST WILL REQUIRE A REDESIGN OF THE SURFACE WATER DRAINAGE PA'rrERN. o APPROVAL FROM AFFECTED AGENCIES (I.E. NORTHER NATURAL GAS) BE RECEIVED. 8. THE STREET NAME BE CHANGED FROM ROOSEVELT TO ULYSSES. THE PLAT SHALL INCLUDE ALL OF THE PROPERTY OWNED BY LEFEBVRE COMPANIES ALONG 171sT AVENUE INCLUDING THE PROPERTY WEST OF ULYSSES STREET. 10. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. COUNCILMEMBER FARBER SECONDED THE MOTION. TItE MOTION CARRIED 5-0. Special City Council Meeting July 29, 1996 Page 3 COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR SITE PLAN APPROVAL TO DEVELOP A 16,380 SQUARE FOOT TRUCKING FACILITY WTH THE FOLLOWING CONDITIONS: ALL OF THE COMMENTS LISTED UNDER THE SITE PLAN REVIEW SECTION OF THE STAFF REPORT, DATED JULY 23, 1996, BE INCORPORATED INTO THE REVISED SITE PLAN. THAT THE COMMENTS LISTED IN TERRY MAURER'S MEMO DATED JULY 17, 1996, BE INCORPORATED INTO THE SITE PLAN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-52, A RESOLUTION GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE APPROXIMATELY 11 ACRES INTO ONE INDUSTRIAL LOT AND TWO OUTLOTS FOR THE LEON LEFEBVRE ADDITION. COUNCILMI~MBER FARB~R SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Hirin.q of WWTS Operator COUNClLMEMBER SCHEEL MOVED TO HIRE JOSEPH FERRATO FOR THE POSITON OF WWTS OPERATOR FOR THE CITY OF ELK RIVER STARTING AUGUST 12, 1996, AT PAY GRADE 8, STEP F OF THE PAY PLAN ($11.72 PER HOUR). COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. 1 71 ST Avenue City Engineer Terry Maurer requested the Council to consider two resolutions required by MnDOT for the approval of 1 71st Avenue. The first resolution restricts parking on both sides of 171st Avenue from T.H. 10 to approximately the railroad crossing. The second resolution is for the advancement of funds from the general state aid construction account. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 96-53, A RESOLUTION RELATING TO PARKING RESTRICTIONS ON SAP 204-132-01 FROM T.H. 10 TO 600 METERS EAST IN THE CITY OF ELK RIVER, MINNESOTA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 96-55, A RESOLUTION ADVANCING FUNDS FROM THE GENERAL STATE AID CONSTRUCTION ACCOUNT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Joplin North Frontaqe Road City Engineer Terry Maurer requested the Council to consider authorizing a resolution approving the plans and specifications and authorizing the advertisement for bids for the Joplin/T.H. 10 intersection and north frontage road. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-54, A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE JOPLIN STREET/T.H. 10 INTERSECTION AND NORTH FRONTAGE ROAD IMPROVEMENT OF 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Special City Council Meeting July 29, 1996 6.1. Rivers Edqe Downtown Development Corporation Page 4 5,1. Marly Glines and Murn Beck from the Rivers Edge Downtown Development Corporation requested the Council to consider funding $10,000 for the cost of materials for a gazebo to be located Jn Jackson Square. Mayor Duitsman indicated he felt that the gazebo should be a coordinated effort with the Riverfront Committee and the HRA. He further indicated he did not agree that the city should spend $10,000 prior to coordinating the effort with these other groups. Mayor Duitsman stated he has received concerns from citizens regarding the fact that the gazebo may block the view of the river. Councilmember Dietz indicated that he would be in favor of the city paying '/: of the $10,000 with the Rivers Edge Downtown Development Corporation paying the other half. Councilmember Scheel indicated she was encouraged by the people in the downtown area doing this on their own and indicated she was in favor of the project. Councilmember Farber concurred with Councilmember Scheel. Councilmember Holmgren indicated his complete support of the request and stated that the city has already spent money on three studies for the downtown area. COUNClLMEMBER SCHEEL MOVED TO AUTHORIZE THE EXPENDITURE OF $10,000 FOR THE GAZEBO TO BE CONSTRUCTED IN JACKSON SQUARE, DOWNTOWN ELK RIVER. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-2. Mayor Duitsman and Councilmember Dietz opposed. Councilmember Dietz indicated his opposition was based on the fact that he felt the Rivers Edge should pay half of the cost of the project. East Elk River Trunk Sewer and Water Public Informational Meetinq City Engineer Terry Maurer explained that the purpose of the public informational meeting is to receive input from the property owners regarding the timing and scope of project that the city should undertake regarding the extension of trunk utilities to the eastern area of the city. Jason Messner, Peter Patchin and Associates, Inc., indicated that the firm of Peter Patchin was requested to perform appraisals as to the market value benefit relating to trunk improvements for the eastern area of the city. He explained that the appraisal revealed that the market benefit of trunk sewer and water lines into the east Ell< River urban service district is $6,000 per acre for residential and industrial lands and $8,000 per acre for commercial lands. City Attorney Peter Beck explained to the residents that it is the Council's intention to take public input regarding the extension of trunk sewer and water lines into the east Elk River urban service district in order to decide whether to proceed with the project. He further indicated that tonight's meeting was merely a public informational meeting and not an assessment hearing. Mayor Duitsman opened the public hearing. Dwight Kirkeide, 12230 173rd Avenue NW, distributed a handout entitled Toward a New Game Plan. Mr. Kirkeide indicated he was opposed to the proposed project based on the increased cost to the homeowners. Special City Council Meeting July 29, 1996 Page 5 Roger EuII, 18880 Boston Street, indicated he owned 80 acres that would be affected by the proposed project. He indicated he did not feel he would receive benefit because he did not have highway frontage. He indicated he was opposed to the project. Mayor Duitsman entered two letters into the record; one from Ron Ebner in opposition to the project and one from Kemethese Motel, Inc. in favor of the project. Bob Vandenberg, 10811 181st Avenue, indicated he owned 80 acres that would be affected by the proposed project. He stated he felt that $6,000 per acre for residential and industrial lands was a fair price and stated he was in favor of the proposed project. Rita Schmahl, representing Cargill, indicated that Cargill has 225 acres that would be affected. She stated that Cargill has no intention of moving its location and indicated that Cargill would'receive no benefit from the extension of wa~,er and sewer. ,She stated Cargill is opposed to the proposed project. Joann Rousseau, Ebner's Live Bait, indicated that she was against the project based on the fact that their business has no need for sewer and water and therefore would receive no benefit. Paul Bell, owner of Bridgeman's Restaurant, questioned how the cost would affect him. City Engineer Terry Maurer reviewed the costs associated with this type of project and suggested that Mr. Bell contact him at City Hall for more details. Dawn Moyer, 16807 Highway 10, indicated her concern regarding the lapse in time between when the trunk system is put in and when the laterals are actually constructed. Truman Moyer, 16807 Highway 10, displayed a map of the area showing those residents who are in favor of trunk sewer and water and those residents who are opposed to trunk sewer and water. He indicated that there are many more residents opposed to the project than in favor. Mr. Moyer requested that the map be entered into the minutes as an official record. Ruth Brown, 10815 175th Avenue NW, indicated that she is opposed to the project. Rolland Benson, 17276 Highway 10, indicated he was opposed to the project. Landol Locher, 10983 171st Avenue, indicated that he was opposed to the proposed project. Carol Turner, 18776 Cleveland, indicated that the map in the Star News did not agree with the map of the urban service area. Mary Jo Mishke, 10078 Twin Lakes Road, had some questions regarding the calculation of trunk footage and how a farm of 160 acres would be assessed. Kathy Specht, 16330 Highway 10, indicated that she had no intention of ,~el!ing her property and stated she was opposed to the project. Special City Council Meeting July 29, 1996 Page 6 Mr. Dehn, 17369 East Highway 10, indicated he was opposed to the project and stated he did not see any benefit for sewer and water due to the high cost of the project. There being no further comments, Mayor Duitsman closed the public hearing. Mayor Duitsman indicated his appreciation to those people who showed up for the meeting and to those people who spore at the meeting. He stated that the urban service area is an area that will be developed at some time in the future and indicated that it is the city's responsibility to plan for this development and further to inform the citizens as to what the cost may be. He stated that he will be requesting the City Council to acquire right-of-way rights for the project, but has no intention of moving forward with trunk improvements until petitioned for by a developer. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE CITY ENGINEER TO DO A DETAILED STUDY REGARDING WHERE THE TRUNK SYSTEM COULD BE LOCATED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO OBTAIN QUOTES FROM A FIRM TO ACQUIRE RIGHT-OF-WAY EASEMENTS WHEN THE LOCATIONS HAVE BEEN DETERMINED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Scheel opposed. Councilmember Scheel indicated that she is not ready' to acquire easements af this time. 7. Adjournment There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The special meeting of the Elk River City Council was adjourned at 8:20 p.m. Respectfully submitted, Sandra Thackeray City Clerk s:\minutes\cs072996.doc