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10-15-2001 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 15, 200 I Members Present: Mayor I<Jinzing, Councilmembers Dietz, Morin, and Tveite Members Absent: Councilmember Louise Kuester Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, Planner Chris Leeseberg, City Attorney Peter Beck, Recreation Manager Michele Bergh, Street/Park Superintendent Phil Hals, and Recording Secretary Tina Allard Also Present: Planning Commissioner Tom Mesich, Park and Recreation Commissioners John Kuester, Dana Anderson, Dave Anderson, Dave Briggs, and Duane Peterson 1. Call Meeting 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 I<Jinzing. 2. Consider 10/15/2001 Agenda Item 7.2., Ron's Foods Update, and Item 7.3., Northstar Commuter Service Grand Opening, were added to the agenda. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider Consent Agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 10/8/01 CITY COUNCIL MINUTES - APPROVED 3.2. ICE ARENA'S OLD BLEACHERS SHALL BE REMOVED AND NOT BE REPAIRED TO MEET NEW STATE CODE -APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Utility Commission Update Councilmember Dietz stated that electric rates for 2002 will increase but the amount of the increase is undetermined at this time. He discussed 2002 budget expenses and proposed capital improvements. He noted that the commission discussed the possibility of expanding the security system program. City Council J\1lnutes October 15, 2001 Page 2 ----------------------------- 4.2. City Recreation Update Recreation Manager Michele Bergh discussed fees for the new city recreation department to begin January 1, 2002. She stated that city recreation would allow residents of Elk River seven days to register for programs prior to non-residents registering. Ms. Bergh stated that non-resident fees could be 50% higher than resident fees but that she would like the flexibility to change the non-residents fee depending on the expense of the program or whether it is a program subsidized by the city. Councilmember Dietz stated that there should be a consistent set amount a non-resident would be expected to pay. Councilmember Motin stated that there should be no reason to discount fees to non- residents. He stated that Elk River residents are paying for these programs through their taxes and that some of the other communities offer a reimbursement to their residents if they participate in Elk River programming. Councilmember Tveite stated that he liked the idea of a seven-day opportunity for Elk River residents to sign up for programs. He stated that the city should set the fees at 50% higher for non-residents for a year but that he is concerned about a loss of participation. It was the consensus of the Council that proof of residency needs to be established. Council also agreed that the non-resident fees should be 50% higher than for Elk River residents excluding subsidies. They agreed with the seven-day window to allow Elk River residents the opportunity to sign up for programs flrst. An evaluation of the fees should take place after a year. ----- ----- -------------- Director of Planning Michele McPherson updated the Council on the expenditures and construction of the Lions Park Center. She stated that city recreation would need $10,000 for office furniture and cubicles. She discussed the proposed Usage Policy for the Center. COUNCILMEMBER MOTIN MOVED TO APPROVE FUNDING OF $10,000 FROM THE RECREATION BUDGET BE USED TO PURCHASE NEW OFFICE FURNITURE AND CUBICLES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Discussion was held regarding the Usage Policy for the Lions Park Center. Council raised a number of issues/ discrepancies with the policy. Staff will make the recommended changes. Councilmember Dietz questioned if the rental rate structure would balance expenses with revenues. City Administrator Pat Klaers stated that this would be the flrst time the city has operated a facility like this and is unsure how expenses and revenues will balance out. He stated that the city would need to review this issue in the summer when looking at the 2003 budget. City Attorney Peter Beck stated that the city's insurance company should review this Usage Policy and that the policy should be made into a formal use agreement. City Council J\;Iinutes October 15, 2001 Page 3 ----------------------------- 5. Open Mike Noone appeared for open mike. 6.1. Request by Peter Rohlf for Preliminary Plat Approval (Whipple Hill). Public Hearing - Case No. P 01-18 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant owns 10.35 acres of property at the southwest corner of County Road 35 and Pascal Street and would like preliminary plat approval to subdivide this parcel into eight non-sewered lots. Mr. Leeseberg discussed development and street layout, park dedication requirements, landscaping, and grading. He stated that two members of the Planning Commission did not recommend approval of this plat because they believed more evergreen screening was needed along County Road 35. Mr. Leeseberg stated that there are already deciduous trees along County Road 35 and this proposed plat does meet the city's landscaping requirements. Mayor I<Jinzing opened the public hearing. There being no one to speak to this issue, Mayor I<Jinzing closed the public hearing. Councilmember Motin stated that in the conditions for the preliminary plat it is stated that, "All Comments of the City Engineer Shall Be Addressed," but that in the city engineer's memos he only makes suggestions. Councilmember Motin would prefer to have the city engineer state his suggestions as conditions if he feels they should be conditions. Planning Commissioner Tom Mesich stated that this property is in the Urban Service District and he believed this plat should be sewered or taken out of the Urban Service District. Director of Planning Michele McPherson stated that one acre lots are allowed in non-sewered portions of the Urban Service District under the zoning classification. She stated that the intent of the Comprehensive Plan may have been to have the Urban Service District extend beyond this proposed plat in order to service older homes on smaller lots along the Elk River that may need sewer and water services in the future. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT OF WHIPPLE HILL WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. THERE WILL BE NO ACCESS FROM LOT 1 TO PASCAL STREET. 4. THERE WILL BE NO ACCESS FROM ANY LOT TO COUNTY ROAD 35. 5. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 6. THAT THE MAILBOXES SHALL BE CLUSTERED. City Council J\1lnutes October 15, 2001 Page 4 ----------------------------- 7. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. THE DEVELOPER SHALL PROVIDE A LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 12. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Request by Coborn's for an Amendment to their Conditional Use Permit to Allow a Drive- Thru Canopy for Pharmacy Pickup. Public Hearing - Case No. CU 01-34 Staff report submitted by Planner Chris Leeseberg. N1r. Leeseberg stated that Coborn's Incorporated is requesting an amendment to a Conditional Use Permit to allow a drive-thru pharmacy window at the northwest corner of the building. He discussed landscaping, parking, circulation, and signage. Mayor I<Jinzing opened the public hearing. There being no one to speak to this issue, Mayor I<linzing closed the public hearing. Mayor I<Jinzing stated concerns with vehicles exiting the drive-thru toward the pedestrian entrance to the store. Mark Wahlen, Director of Construction and Maintenance for Coborn's - Stated that the entrance near the drive-thru is a secondary entrance and doesn't see much use. He stated that there would be a decorative raised planter to allow for some separation from vehicles and pedestrians. He further stated that there would be signage for vehicles. Councilmember Motin stated that the planter should be low growing so that pedestrians and vehicles will still be able to see each other. He is concerned that vehicles coming from the south entrance will have to make a sharp right-hand turn or maneuver back and forth to access the drive-thru. Mr. Wahlen stated that once pharmacy customers learn how to access the drive-thru they would likely start using the northwest parking lot entrance. City Council J\1lnutes October 15, 2001 Page 5 ----------------------------- COUNCILMEMBER MOTIN MOVED TO TABLE THIS ISSUE UNTIL LATER IN THE EVENING. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Request by City of Elk River to Amend the Zoning Ordinance Section 904.081B to Add Lot Area and \Vidth Standards for Natural Environment Lakes. Public Hearing - Case No. OA 01-10 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that when the city adopted its shoreland ordinance it did not adopt the lot width and area requirements for properties adjacent to natural and environment lakes. She stated that these requirements were established as State standards in 1989. Ms. McPherson stated that the city would like to amend ordinance 904.08 to comply with State standards to provide lot area and lot width standards for riparian and non-riparian lots adjacent to natural environment lakes. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE ORDINANCE 01-14 AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 904 OF THE CITY CODE OF ORDINANCES, CASE NO. OA 01-10. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Request by City of Elk River to Amend the Zoning Ordinance Relating to Townhomes. Public Hearing - Case No. OA 01-07 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson discussed the proposed revised R3 Townhome District Standards. She discussed minimum development standards, setback requirements, building material standards, parking, transition requirements, and utilities. Ms. McPherson stated that the Planning Commission could not determine where townhomes should go as the remaining developable parcels in the Urban Service District are too large to determine specific needs in these areas and the Commission did not want to dictate the market. Mayor I<Jinzing opened the public hearing. Tom Bakritges, 20860 Kenbridge Court - Thanked the city for allowing D.R. Horton to have input on the townhome design standards. There being no further comments, Mayor I<Jinzing closed the public hearing. Mayor I<Jinzing questioned the definition of a detached townhome and stated concerns of single family detached townhomes being built on small lots with private roads. Counselor Beck stated that the term detached townhome could be deleted from these R3 design standards and that part of the defmition of a townhome would require that it be a single family dwelling in a row with at least two units attached. Council thanked staff and the Planning Commission for doing a thorough job on the R3 Townhome Design Standards. City Council J\1lnutes October 15,2001 Page 6 ----------------------------- Councilmember Motin questioned where townhomes would be allowed within the city. He stated that they should be used as a buffer between commercial and industrial areas that need to be transitioned from residential areas. He requested that staff review the land use map to determine the medium density areas that would allow rezoning to R3. Ms. McPherson stated that anyone who wants to put in townhomes would have to request a rezoning as there is not any vacant land clitrendy zoned R3 in the city. Planning Commissioner Mesich stated that there should be an amendment to the Comprehensive Plan to deal with the underlying land use density issues. Counselor Beck stated that overall it would be best to amend the Comprehensive Plan so that low and medium density areas be established in order to limit the number of townhomes that could be built in certain areas of the city that may be considered transitional. Mr. Bakritges stated that D.R. Horton is clitrendy working on developing the Reitsma property and that Council should review the way the transitional areas are set up in the plat. He stated that some single-family townhome products are very nice and Elk River should not eliminate the opportunity to build this type of product. He also stated that they can be built on city streets. Councilmember Motin stated that he is concerned about the locations townhomes will be built in and their density. He is concerned there will be no transition areas. Counselor Beck stated that the city does have controls to limit townhomes and their density. He stated that developers would have to rezone parcels to the R3 zoning district, the units per buildable acre is in the R3 design standards, and a third option is to be more specific with the density designations in the Comprehensive Plan. Ms. McPherson stated that another option is to amend the land use map. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 01-15 AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.12 OF THE CITY CODE OF ORDINANCES WITH THE CONDITION THAT IN THE DEFINITION OF TOWNHOME THE WORD ATTACH BE ADDED BETWEEN THE WORD SUCH AND UNITS AND THAT IN ITEM H THE WORD SINGLE-FAMILY DETACHED BE CHANGED TO SINGLE FAMILY DWELLING. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Staff indicated that they would work with the Planning Commission on a recommendation regarding managing the densities for R3 townhome developments. 7.1 School Theater Committee Discussion was held regarding what organizations and community groups should have priority in using the school theater space. 7.2. Ron's Food Update City Administrator Pat Klaers stated that a developer is interested in the Ron's Foods/Emporium/ Apartment site. He stated that the developer would like direction from City Council J\1lnutes October 15, 2001 Page 7 ------------------------- ---- Council on the number of residential homes that should be acquired to make this redevelopment project more appealing. :Mr. I<Jaers stated that taking all the homes in the area would require some use of eminent domain and a project of this size would not be economically feasible. He stated that a project could be done in phases with possibly seven homes being acquired in the ftrst or second phase. The Council agreed and indicated that it was open to any proposal that included some of the houses. Councilmember Motin stated that he is concerned with the total parcel area being too small and having a mixture of small businesses going onto the site. He felt that if a big box wanted to come into the area then a bigger portion of land would be needed. Mr. Klaers stated that the developer is currently considering this site for mixed use facilities in the 25,000 square foot range. He stated that he would give the developer the Council's feedback and ask the developer to make inquiries into the market to see what types of interest there would be for this location. 7.3. Northstar Commuter Service Grand Opening Celebration Mayor Klinzing stated that the Northstar Commuter Service is having a grand opening celebration on October 22, 2001, at the Park and Ride on Highway 10. She stated that the program would start at 10:00 a.m. 6.2. Request by Coborn's Incorporated for an Amendment to their Conditional Use Permit to Allow a Drive-Thru Canopy for Pharmacy Pickup. Public Hearing - Case No. CU 01-34- Continued Councilmember Motin stated that he is concerned there isn't enough signage for trafftc exiting the drive-thru. He inquired whether a flashing light could be installed warning drivers that pedestrians were in the walkway. Mayor I<linzing stated that the low amount of traffic through this entrance gives people a false sense of security that it is safe to walk or drive through this area. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT AMENDMENT FOR COBORN'S INCORPORATED TO CONSTRUCT A CANOPY COVERED DRIVE-THRU WINDOW WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED. 2. A PLANTER SHALL BE PLACED AT THE END OF THE DRIVE- THRU LANE TO PREVENT VEHICLES FROM DRIVING INTO THE PEDESTRIAN CIRCULATION AS THEY EXIT THE BUILDING. THE PLANTER AND PLANTINGS SHALL BE OF A HEIGHT AND DENSITY AS NOT TO IMPEDE THE SIGHT LINES OF BOTH VEHICULAR AND PEDESTRIAN TRAFFIC. 3. EXTEND NORTH END OF THE CURB ISLAND TO ALIGN WITH NORTH EDGE OF THE EXISTING BUILDING. City Council J\1lnutes October 15, 2001 Page 8 ----------------------------- 4. SIGNAGE READING, "DO NOT ENTER - PHARMACY DRIVE- THRU EXIT" SHALL BE PLACED ON BACKSIDE OF PROPOSED STOP SIGN. 5. A STOP SIGN SHALL BE PLACED AT THE EXIT OF THE DRIVE THRU. 6. SIGNAGE BE ATTACHED TO THE PLANTER WARNING OF PEDESTRIANS CROSSING. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 3-1. MAYOR KLINZING OPPOSED. 8. Staff Updates There were no staff updates. The Council took a break at 8:20 p.m. and reconvened in the Training Room at 8:30 p.m. to continue a worksession discussion with the Park and Recreation Commission. 9. Worksession - Discussion on Formation of a City Park and Recreation Department Park and Recreation Commissioner John Kuester provided an overview of the Park and Recreation subcommittee's report regarding the formation of a city park and recreation department. He stated that the subcommittee felt the need for a park and recreation department is necessary due to growth pressures and the conflicting demands of current staff time. Commissioner Briggs asked if input was received from other cities' park and recreation departments. Commissioner Dana Anderson stated that the subcommittee reviewed the park and recreation departments of several cities and that these cities each ran their departments in different ways. Councilmember Tveite asked staff for their opinions on the benefit of creating a parks and recreation department and if there are any shortcomings that could be improved by creating this department. Street/Park Superintendent Phil Hals stated that his department spends 49% of its time on park projects. He stated that he has the ability to shift employees from park projects to street projects depending on demands. He stated that he is concerned about spreading the equipment dollars too thin because it is difficult now to get needed equipment. Mr. Hals stated that he likes to be able to draw opinions and ideas from a pool of staff rather than having one department head make a decision. City Administrator Pat I(laers stated that he believe there is a need for a park and recreation director. He stated that it would make his job of managing recreation activities easier by having one person report to him rather than numerous people, as the director would supervise the Ice Arena Manager, the Senior Center Director, and the Recreation Manager. He stated that if this department were created there would be issues to resolve such as, separating and coordinating maintenance between streets and parks, and identifying funding City Council NIinutes October 15,2001 Page 9 ----------------------------- for other expenses such as offices, equipment, and personnel not considered by the committee. Councilmember Dietz stated that the city has acquired a lot of parkland that is sitting unused due to time constraints on current staff and that this parkland could be developed quicker if there was a parks director. Mayor I<Jinzing stated that the $60,000-$80,000 for a parks director was not necessary at this time. She stated that a lower ranking position should be considered before a director is hired; someone that would work under the street superintendent. She did agree with most of the subcommittee's report. Councilmember Motin stated that he is concerned with some of the employees listed in the new department (such as the planner) being a duplication of other departmental duties. He felt that the timeline listed in the subcommittee report was too short. Mr. Klaers stated that coordination of personnel with similar duties, maintenance issues, and the park director position description are issues that need to be worked out. He believes this position would need to be a department head level position. It was the consensus of the Council that Ice Arena, Senior Center, and Recreation would fall within the city park and recreation department and under the director. 10. Ad;ournment There being no further business, Mayor I<Jinzing adjourned the meeting of the Elk River City Council at 9:45 p.m. J ,_ .'1 ") /,(". 'i^-a~ Qila)( '4t Tina Allard 0 l Recording Secretary