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06-16-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 16, 2003 Members Present: Members Absent: Staff Present: Mayor I~-3mzing, Councilmembers Dietz, Kuester, Mot_m, and Tveite None City Administrator Pat K. laers, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Police Chief Jeff Beahen, City Attorney Peter Beck, and Recording Secretary Tina Allard 4.1. 4.2. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Fdinzing. Consider 6/16/2003 Agenda COUNCILMEMBER TYEITE MOVED TO APPROVE THE AGENDA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 6/09/2003 CITY COUNCIL MINUTES 3.2. ADOPT RESOLUTION 03-41 EXTENDING THE TERM OF THE CABLE FRANCHISE HELD BY CC VIII OPERATING COMPANY, LLC D/B/A CHARTER COMMUNICATIONS COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Utilities Update Councilmember John Dietz stated that he was not in attendance at the June 10, 2003 Utilities meeting but that the minutes for this meeting are attached to the staff report. YMCA Update City Administrator Pat Iadaers provided an update of the YMCA Founder's Committee meeting held on June 12, 2003. It was noted that the YMCA lead contact for this project, Chad Lanners, has accepted a new position within the YMCA organization and would no longer be working on the Elk River project. City. Council ~finutes June 16, 2003 4.3. NCDA Update Page 2 Senior Planner Scott Harticker provided an update of the June 5, 2003, NCDA meeting. 4.4. Park and Recreation Update Planner Chris Leeseberg provided an update of the Park and Recreation Commission's meeting held on June 11, 2003. He noted upcoming summer park events and stated that the playground for Highlands West Park will be installed in August. 4.5. Gun Range Update City Administrator Pat I~aers stated that the low bid for the mechanical system for the gun range is valid until the end of June 2003, and that the Council should decide whether to go forward with spending funds to finish this project or to look at alternative options of what to do with this space. He stated that the shooting range equipment bid is no longer valid. Mr. Klaers stated that he talked with Sheriff Bruce Anderson regarding interest in a joint venture for the range and that Sheriff Anderson feels that the range is not adequate for his needs. Sheriff Anderson is looking into building a gun range during the next expansion phase of the Sherburne County Government Center. Nfl:. Klaers stated that funding could come from the liquor store fund to complete the gun range. Police Chief Jeff Beahen stated that if the Council decides not to go for~vard with finishing the gun range then there is a security issue with a window well that must be remedied. He stated that this space should be used, if not as a range, it could possibly be leased out to the community or used for training purposes. Councilmember Dietz stated that he talked with the Sheriff whom stated that he is not interested in a joint effort with the City Hall gun range. He is looking at building a gun range either on the west side of town or at the Elk River Sportsman's Club gun range site. This range would be offered to all cities at no charge. Councilmember Dietz questioned what the pay out would be if the city gun range were £mished. Chief Beahen stated that approximately $15,000 a year would be saved in overtime for officer training. He stated that some revenue could be generated with training for the new Concealed and Carry law. He stated that the pay back on the range would take approximately 10-15 years. Mayor Iadinzing stated that she is concerned whether the Sheriff's gun range proposal was in the works when the city decided to include a range on its site. She questioned why the city should finish its range when they will be able to use the Sherburne County range for free. She is concerned about creating competition between the two gun ranges. Councilmember Kuester expressed concerns (proximity to residents) regarding the proposed Sherburne County expansion. Councilmember Dietz expressed concerns (residents and noise) about the Elk River Sportsman's Club gun range as a possible expansion site. Councilmember Tveite stated that he is concerned about budget constraints, the economy, and the lengthy pay back time for the range. Ci~ Council Minutes Page 3 June 16, 2003 COUNClLMEMBER DIETZ MOVED TO HAVE THIS ISSUE BROUGHT BACK TO THE COUNCIL ON MONDAY, JUNE 23, 200:3. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED $-0. 5. Ope~ Mike Darrin Brown, 18299 Boston Street - Stated that he would like the city to reconsider the Boston/Concord Street Assessments that were approved on Monday, June 9, 2003. He stated that property owners were confused about the public hearing process and were too fearful to speak up. He stated that this assessment would be a financial burden on property owners. He questioned if the city could add additional streets to the project to help reduce costs. Councilmember Dietz stated that he heard from many property owners who stated they were in favor of the project. He stated that if this project were put off to a later date the cost of the project would increase. He questioned whether the term of the assessments could be extended. Mr. Maurer stated that the assessment should not be extended beyond the life of the street. He stated that it may be possible to change the calculation of the assessment so that the property owner would be paying more in interest at the beginning of the assessment and less toward the end of the assessment. He stated that over the long term of the assessment the property owner would be paying more interest. Mayor Klinzing stated that property owners petitioned the city to make these project improvements. Councilmember Motin suggested that this item be brought back to the Council at a later date to determine whether the assessment calculations could be changed and asked that another notice be sent to the property owners. 6.1. Request by James and Stephanie Zaczkowski for Preliminary. Plat Approval (Kingdom Estates), Public Hearing-Case No. P 03-2 Mayor Klinzing stepped down from voting on this item as she is the applicant. Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting preliminary plat approval for Kingdom Estates, a 7 lot subdivision. He gave an overview of the project and discussed landscaping, wetlands, utilities, park dedication requirements, and Planning Commission action. Vice Mayor Kuester opened the public hearing. There being no one to speak to this issue, Vice Mayor Kuester closed the public hearing. Councilmember Motin stated a concern about having a street enter on a curve in the road. He also questioned the access off of County Road 33 and the extra traffic it will create. Jim Brown, Dynamics Design - Stated that there isn't a way to avoid having some access onto county roads. He stated that originally this plat had four accesses to the county road but he was able to bring the access down to one. Vice Mayor Kuester stated concerns about the length of the cul-de-sacs. City Council Minutes June 16, 2003 Page 4 COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT FOR KINGDOM ESTATES WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 6. PARK DEDICATION SHALL BE IN CASH FOR FIVE LOTS. 7. THE PLAT SHALL COMPLY WITH THE A1 SETBACK REQUIREMENTS. 8. ALL COMMENTS OF THE ENVIRONMENTAL TECHNICIAN SHALL BE ADDRESSED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Mayor IClinzing returned to the council dais. 6.2. Request by Lisa Shields-Ergan for a Conditional Use Permit to Operate a Montessori School, Public Hearing-Case No. CU 03-13 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a conditional use permit, in a PUD zone to operate a Montessori School at 508 Freeport Avenue. He discussed previous City Council and Planning Commission action. He also discussed parking, hours of operation, and student to teacher ratios. Mayor Klinzing opened the pubic hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO OPERATE A MONTESSORI SCHOOL WiTH THE FOLLOWING CONDITIONS: 1. NO MORE THAN A TOTAL OF 10 EMPLOYEES ARE TO BE ON SITE. City Council Nfinutes June 16, 2003 2. NO MORE THAN A TOTAL OF 55 STUDENTS ARE TO BE ENROLLED. Page 5 IF THE LOCATION OF THE PLAY AREA IS MOVED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 4. CLIENTS SHALL ABIDE BY THE DROP-OFF AND PICK-UP SCHEDULE SET BY THE OPERATOR. APPLICANT SHALL PLACE PAVEMENT MARKINGS, CONES, AND SIGNAGE ANNOUNCING CHILDREN CROSSING AT THE REAR OF THE BUILDING TO THE PLAY AREA. 6. MAINTAIN STATE LICENSE. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Trails End Holdings-Elk River, LLC (STM Development.) for a Conditional Use Permit for 7,000 sq. ft. Retail Building, Public Hearing-Case No. CU 03-12 Staff report submitted by Senor Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting a conditional use permit for a 7,000 square foot auto parts store. He discussed zoning, parking, building design standards, landscaping, signage, and Planning Commission action. Mayor Kdinzing opened the public hearing. There being no one to speak to this issue, Mayor IGinzing closed the public hearing. Mayor Klinzing stated concerns about access onto Zane Street. She stated that traffic along Zane Street (coming from Home Depot and Wal-mart) makes it difficult to pull onto Zane Street. Councilmember Motin-stated that he is concerned with customers servicing their vehicles in the parking lot. Lynn Sutherland, STM Development - Stated that they do not allow repairs to be made in their parking lots. He discussed changes made to the exterior of the building. COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR AN AUTO PARTS STORE WITH THE FOLLOWING CONDITIONS: FOUR FOOT HIGH WAINSCOTING SHALL BE INCLUDED ON THE MIDDLE SECTION OF THE NORTH AND SOUTH ELEVATIONS. THE MATERIAL SHALL MATCH THE MATERIAL OF THE PILASTERS. City, Council Minutes Page 6 June 16, 2003 2. THE COLOR OF THE MATERIAL ON THE ENDS OF THE NORTH AND SOUTH ELEVATIONS SHALL BE CHANGED SO THAT IT IS DIFFERENT FORM THE COLOR OF THE MIDDLE SECTION. A LANDSCAPING STRIP SHALL BE ADDED TO THE WEST SIDE OF THE BUILDING WITH LANDSCAPING SUCH AS ORNAMENTAL TREES AND BUSHES. THE PARAPET SHALL BE CHANGED SO THAT THE HEIGHTENED AREAS ON ALL FOUR SIDES EITHER EXTEND OR ARE RECESSED FROM THE FACE OF THE BUILDING. 5. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 6. ALL LANDSCAPE AREAS SHOULD BE IRRIGATED. 7. NO REPAIRS BE MADE ON SITE BY AN EMPLOYEE OR A CUSTOMER. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request by STM Development for a Conditional Use Permit for an 8,000 sq. ft. Multi- Tenant Building, Public Hearing-Case No. CU 03-11 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a conditional use permit to allow the construction of a multi-tenant retail building. He discussed zoning, building design, landscaping, and parking. Mr. Leeseberg stated that the applicant submitted a building design that duplicated Panera's. Staff didn't feel that repetitive buildings were the intent of the Elk River Crossing PUD Development Standards for Architectural Character. The applicant submitted a second building design but the Planning Commission liked the original Panera designed building better. Mayor IClinzing opened the public hearing. Jay Tutt, Applicant - Stated that he originally wanted to duplicate the Panera building but staff asked for a different building design. Mayor IClinzing questioned if the applicant had the second building design to show to the Council. Lynn Sutherland, STM Development - Stated that he understood that second building design was not needed according to the Planning Commission. He stated that if this project is delayed it will extend his building project into next spring. Mayor I<linzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A MULTI-TENANT RETAIL BUILDING WITH THE FOLLOWING CONDITIONS: City CouncLl Nfinutes Page 7 June 16, 2003 1. FACADE AND TRIM COLORS SHALL VARY FROM THE ADJACENT MULTI-TENANT BUILDINGS AND TO BE CONSISTENT WITH THE DEVELOPMENT STANDARDS. 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3. THE BUILDING SHALL COMPLY WITH ALL BUILDING AND FIRE CODES. A DUMPSTER ENCLOSURE SHALL BE CONSTRUCTED OF THE SAME MATERIALS AND COLORS AT THOSE USED IN THE BUILDING. 5. ALL SHADEMASTER HONEY LOCUST TREES IN THE LANDSCAPE PLAN BE REPLACED BY LINDENS AND/OR MAPLES. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Request by City. of Elk River to Rezone Certain Property. from Rle Single Family Residential to Rlc and Rld Single Family Residential, Public Hearing-Case No. ZC 03-01 Staff report submitted by Director of Planning Michele McPherson with Planner Chris Leeseberg presenting. Mr. Leeseberg stated that the Council is asked to consider rezoning certain properties from Rle, Single Family to Rlc and Rld, Single Family. He discussed the Planning Commission's action. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor I~dinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 03-09 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 03-02. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by City. of Elk River for an Ordinance Amendment, Section 30-796 Regarding Fences, Public Hearing-Case No. OA 03-04 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated the Council is asked to consider an amendment to the fence portion of the zoning ordinance. He stated that the current language is confusing and open to misinterpretation. He stated that the proposed change would be consistent with the building code. Mayor I6dinzing opened the public hearing. There being no one to speak to this issue, Mayor I~dLinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 03-10 AMENDING SECTION 900.08 "DEFINITIONS" AND 900.20.3 "ACCESSORY BUILDINGS" OF THE CITY CODE OF ORDINANCES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council NLinutes June 16, 2003 Page 8 7. Other Business Councilmember Kuester stated that the Council missed an opportunity to recognize City Clerk Sandy Peine who recently resigned. She stated that Sandy was a professional, dedicated, and appreciated employee for the city. Mayor Iadinzing stated the Ms. Peme was an extremely dedicated employee for the city. COUNCILMEMBER TVEITE MOVED TO APPOINT CITY ADMINISTRATOR PAT KLAERS AS ACTING CITY CLERK. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Mr. I~daers stated that interviews for the City Clerk vacancy could be held as early as the week of july 7. 8. Staff Updates The City Administrator provided a brief update on the public safety building project, on the City Hall office staff relocating to the Utilities office, and noted that all furore meetings (of the City Council and city boards and commissions) will be held at Lions Park Center. 9. Adjournment There being no further business, Mayor K1inzing adjourned the meeting of the Elk River City Council at 8:40 p.m. Tina Allard Recording Secretary