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02-19-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 19, 2002 Members Present: Mayor Klinzing, Councilmembers Kuester, Mot_in, and Tveite Members Absent: Staff Present: Also Present: Councilmember John Dietz City Administrator Pat ICdaers, Finance Director Lori Johnson, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, Building and Zoning Administrator Steve Rohlf, City Engineer Terry Maurer, Utilities General Manager Bryan Adams, City Attorney Peter Beck, Po[ice Ckief Tom Zerwas, Assistant Police Chief Jeff Beahen, and Recording Secretary Tina Allard .. Planning Commissioner Mark Pederson and Park and Recreation Commissioner David Briggs ' 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 ICdinzing. Consider 2/19/2002 Agenda Item 7.1, Memorial Gift and Item 7.2, Proxy for Mayor, were added to Other Business. COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. REQUEST BY PLANT PLACE FOR GENERAL PLANNING PERMIT FOR A TEMPORARY GREENHOUSE IN THE COBORN'S PARKING LOT WITH THE FOLLOWING CONDITIONS: IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 2. THE GREENHOUSE/GARDEN CENTI~:R BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. 3. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH THE SUBMITTED SITE PLAN. City Council Minutes Page 2 February 19, 2002 4. THE GREENHOUSE AND DISPLAY AREA BE REMOVED WITHIN ONE WEEK OF THE END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION 3.2. REQUEST BY A. PETERSON (ESTATE OF RUTH MOOS) FOR ADMINISTRATIVE SUBDMSION, PUBLIC HEARING - CASE NO. AS 02-01, POSTPONED TO MARCH 18, 2002 3o3. AUTHORIZATION TO HIRE SHONNA OCHU AS A LIQUOR CLERK II EFFECTIVE MARCH 11, 2002, AT PAYGRADE 6, STEP A 3,4. AUTHORIZATION TO ADVERTISE FOR A PART TIME ACCOUNTING CLERK COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1 Utilities Commission Update Utilities General Manager Bryan Adams gave a brief update of the February 19, 2002, Utilities Commission meeting. 4.2. NCDA Update Senior Planner Scott Harlicker presented an update on NCDA activities. He stated that the commuter rail demonstration was very successful. He stated that the federal funding of this project is contingent upon the State approving its share of the funding. 4.3. HRA Update and Consider Special HRA/City Council Meeting Councilmember Mot_in stated that at the HRA meeting on January 28, 2002, the Commission elected officers. Discussion of downtown redevelopment concepts took place at the February 4, 2002 HRA meeting. He stated that the city recendy held an open house in which the public was invited to review and submit comments on concept plans of downtown redevelopment. Councilmember Motin stated that it is questionable as to what could still happen in the downtown area. City Administrator Pat Klaers stated that the HRA would like some discussion with Council on how it is proceeding with downtown redevelopment plans. COUNCILMEMBER TVEITE MOVED TO CALL A SPECIAL MEETING FOR MONDAY, FEBRUARY 25, 2002, AT 5:00 P.M., TO MEET WITH THE HRA TO DISCUSS DOWNTOWN REDEVELOPMENT GOALS AND PROCESS. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.4. Discuss Information Systems Position Finance Director Lori Johnson stated that with the construction of the public safety building this spring, it would be beneficial to hire an information technology coordinator to network the new building. This person would handle all of the city's voice and data technology needs. Ms. Johnson stated that the city contract with Andover would still need to continue to the City Council ~Minutes Page 3 February 19, 2002 end of the year with the current information systems person. She stated that there are issues regarding funding, as this job position was not planned until the 2003 budget. Assistant Police Chief Jeff Beahen stated that the police department's technology requirements move at a rapid pace and use up a lot of staff time. He is currendy using vendors for assistance, which can be cosdy. Councilmembers Kuester and Tveite and Mayor I~dinzing agreed that funding for this position for this year should come out of the building fund. Councilmember Tveite stated that hiring a person would save funds in the long term versus having to pay consulting fees. COUNCILMEMBER TVEITE MOVED TO APPROVE ADVERTISING FOR AN IT COORDINATOR WITH ALL OR THE MAJORITY OF FUNDING TO COME FROM THE PUBLIC SAFETY BUILDING PROJECT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5. Open Mike 6.1. No one appeared for open mike. Request by the Elk River Landfill, Inc. and Elk River Municipal Utilities for a Conditional Use Permit to Construct a 5,800 sq. ft. Building, Public Hearing- Case No. CU 02-01 Staff report submitted by Building and Zoning Administrator Stephen Rohlf. Mr. Rohlf stated that Waste Management, Elk River Municipal Utilities, and Sherburne County are working joindy to construct a 5,800 sq. ft. facility at the Elk River Landfdl to produce electricity from landfill gas. He reviewed the site plan, building layout, and building elevations. He reviewed the electricity generation project. Mayor Fdinzing opened the public hearing. There being no one to speak to this issue, Mayor I<ltnzing closed the public hearing. Councilmember Kuester questioned whether there would be enough parking. Mr. Rohlf stated that there would be plenty of parking and Utilities will meet the ordinance requirements. Councilmember Motto questioned the financing of this project. Utilities General Manager Bryan Adams stated that Sherburne County is financing the project and that Elk River Municipal Utilities is taking care of the construction costs. He stated that revenue generated from this project would be used to pay off the Sherburne County loan. COUNCILMEMBER TVEITE MOVED TO APPROVE A CONDITIONAL USE PERMIT TO CONSTRUCT A 5,800 SQ. FT. FACILITY AT THE ELK RIVER LANDFILL TO PRODUCE ELECTRICITY FROM LANDFILL GAS WITH THE FOLLOWING CONDITIONS: 1. THAT A BUILDING PERMIT IS ACQUIRED AND ALL APPROPRIATE BUILDING CODES ARE MET. City Council Minutes Page 4 February 19, 2002 2. THAT A TEN STALL PAVED PARKING LOT IS PROVIDED FOR THE BUILDING THAT INCLUDES A MINIMUM OF ONE HANDICAPPED STALL. 3. THAT THE AREA SURROUNDING THE BUILDING IS LANDSCAPED IN ACCORDANCE WITH CITY REQUIREMENTS. THAT ALL TRUCK TRAFFIC ASSOCIATED WITH THIS FACILITY USE THE MAIN SOUTHERN ACCESS TO THE LANDFILL FOR INGRESS AND EGRESS. THAT AN "AIR EMISSION PERMIT" FOR THE GENERATION IS OBTAINED FROM THE MINNESOTA POLLUTION CONTROL AGENCY (MPCA). THAT AIR EMISSION TESTING, AS REQUIRED BY MPCA'S PERMIT, IS CONDUCTED; THAT THE FACILITY MEET THE AIR EMISSION STANDARDS; AND THAT TEST RESULTS ARE COPIED TO THE CITY OF ELK RIVER. 7. THAT THE STIPULATIONS OF THIS APPROVAL ARE CONSIDERED AN ADDENDUM TO THE LANDFILL'S EXISTING CUP. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6,2. Request by g, lk River Municipal Utilities for a Conditional Use Permit to Construct a 5,400 sq. ft. Building. Public Hearing - Case No. CU 02-02 Staff report submitted by Planner Chris Leeseberg. NIt. Leeseberg stated that Elk River Utilities would like a conditional use permit to construct a 5,400 sq. ft. facility for equipment storage and office space. He discussed the interior and exterior building design. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzmg closed the public hearing.. Councilmember Kuester inquired about the bituminous layout. Councilmember Motin questioned how the easements to the adjacent property owner would be affected. Mr. Leeseberg stated that they would not affect this property owner. COUNCILMEMBER MOTIN MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A 5,400 SQ. FT. EQUIPMENT STORAGE FACILITY AND OFFICE SPACE WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THE BUILDING SHALL COMPLY WITH THE BUILDING CODE REQUIREMENTS. City Council Minutes Page 5 February 19, 2002 3. THE NORTH, WEST & SOUTH BUILDING ELEVATIONS SHALL BE SIMILAR TO WHAT STAFF HAS PROPOSED. THAT THE CITY BUILDING AND ENGINEERING INSPECTORS SHALL HAVE THE ABILITY TO SHUT DOWN CONSTRUCTION IF HISTORIC ARTIFACTS ARE FOUND DURING CONSTRUCTION IN ORDER TO ALLOW FURTHER ARCHAEOLOGICAL STUDY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0 6.3. Request by Elk River Municipal Utilities for Easement Vac~ation, Pubhc Hearing - Case No. EV 02-01 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that Elk River Utilities is requesting an Easement Vacation to vacate a portion of Fourth Street. He stated that the vacated easement was needed to allow the'Utilities to meet the setback requirements to construct their 5,400 sq. ft. facility. Mayor F-dinzing opened the public hearing. There being no one to speak to this issue, Mayor K2inzing closed the public hearing. City Engineer Terry Maurer stated that the City would still keep a drainage and utility easement over a portion of this area. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 02-12 FOR THE CITY OF ELK RIVER FOR VACATING EASEMENTS WITH THE CONDITION THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Request by STC Inc. for a Rezoning of Certain Property from Rld, Single Family Residential to R3 Townhouse District, Public Hearing - Case No. ZC 02-01 Request by STC Inc. for Preliminary. Plat Approval (STC - Fischer Property), Public Hearing- Case No. P 02-01 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant STC, Inc. is requesting a rezonmg and preliminary plat approval of Trott Brook Crossing Addition. He stated that the project consists of 28 rambler style townhomes, 54 condominium units in buildings with 6-8 units each, and 21 single-family residential homes. He discussed building designs, street layout, access, park dedication requirements, trail corridor, tree preservation, landscaping, parking, and open space. Mr. Harlicker stated that the developer has proposed two options for exterior building materials and staff preferred Option A. Another issue was whether the driveways for the townhomes were private drives or shared driveways and that they didn't meet the 30' setback requirements for a private driveway. A third issue was that proposed Street C ends at a hill. Mayor I~dinzing opened the public hearing. Ed Hasek, Westwood Professional Services - Stated that he was concerned about the 30' setback requirement. He felt that residents would park two cars lengthwise in the driveway City Council Minutes Page 6 February 19, 2002 causing the second car to be sticking out into the street. He felt the 25' driveway setback was a good compromise. Mr. Hasek stated that the def'mitions in the ordinance were confusing. When Trott Brook South was developed they were allowed to put in 23' driveways. He stated that if he had to meet the 30' setback requirement they would lose about 6-8 units. Mayor I43inzing closed the public hearing. City Engineer Terry Maurer stated that Street C is proposed to end at a hill. He stated that Street C should end with a full size cul-de-sac. He also stated that he is concerned with Street C meeting up on Tyler Street. Councilmember Kuester questioned why a trail connection was not made from Street B. She felt this was a high density area and people would not use the sidewalks to the trail but would cut through the pond area. Tom Bakratges, D.R. Horton - Stated that there would be a townhome association for these condominium units and if they eventually wanted to include a trail connection it would be at their option. COUNCILMEMBER TVEITE MOVED TO APPROVE ORDINANCE 02-2 AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM RID (SINGLE FAMILY RESIDENTIAL) TO R3 (TOWNHOME DISTRICT) WITH THE FOLLOWING FINDINGS: 1. THE REQUEST IS CONSISTENT WITH THE LAND USE PLAN. 2. THE REQUEST WILL NOT ADVERSELY IMPACT ADJACENT PROPERTY OWNERS OR LAND USES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Motto stated that he is concerned with density as development moves further away from commercial/industrial areas. He stated that townhomes are a good buffer between these areas and single family housing but he wants developers to know that the city is not looking to rezone many other properties to a townhome district much further away from commercial/industrial areas. Mayor I~3inzing concurred. Council directed the Planning Commission to review the private and shared driveway section of the zoning ordinance. He stated that for the exterior building design he preferred Option A. Commissioner Pederson stated that of the two options for the exterior building standards he felt the Planning Commission would prefer Option A if the shingles were wood instead of vinyl. He stated that the Commission was looking for a variety of building materials in the design. Commissioner Pederson stated that these townhomes had private drives and the setback requirement was 30'. He stated that the Commission wanted more green space in the front yard and that is why it wanted the 30' setback. The 30' setback would require less townhome units to be built, thereby creating more green space in the development. City Council Minutes Page 7 February 19, 2002 Mayor IGinzing stated that the drives should have a 30' setback as required by the ordinance. She stated that developer might lose a few townhome units but that this would create more green space as the Planning Commission preferred. COUNCILMEMBER MOTIN MOVED TO APPROVE PRELIMINARY PLAT FOR TROTT BROOK CROSSING ADDITION WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 3. THAT THE MAILBOXES SHALL BE CLUSTERED. 4. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. o AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. o WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 10. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 11. SIDEWALKS SHALL BE PROVIDED ON ONE SIDE OF STREETS B, C, D AND E. 12. A TRAIL EASEMENT SHALL BE PROVIDED TO HILLSIDE CITY PARK ALONG THE NORTH PROPERTY LINE FROM STREET C. 13. A DETAILED LANDSCAPE PLAN FOR THE CONDOMINIUM AND TOWNHOME DWELLING UNITS SHALL BE PROVIDED. City Council Minutes Page 8 February 19, 2002 14. A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS INCLUDING THE EMERGENCY ACCESS TO TWIN LAKES ROAD. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 15. THE DEVELOPER SHALL CONSTRUCT THE TRAIL FROM STREET C TO HILLSIDE PA_RK. 16. 17. THE DEVELOPER SHALL WORK WITH THE CITY ENGINEER ON THE APPROPRIATE LOCATION FOR A CUL-DE-SAC WHERE STREET C MEETS WITH THE PROPERTY TO THE SOUTH (THE BROWN PROPERTY). THE TOWNHOMES SHALL BE SETBACK A MINIMUM OF 25 FEET FROM THE BACK OF THE CURBLINE OF ALL PRIVATE DRIVES. 18. THE LANDSCAPE PLAN WILL HAVE TO COMPLY WITH THE LANDSCAPING REQUIRED IN SECTION 1008 OF THE ELK RIVER CITY CODE. A DETAILED LANDSCAPE PLAN FOR AROUND THE UNITS WILL BE REQUIRED. 19. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 20. THE COACH TOWNHOMES SHALL HAVE A 32" BREAK IN THE REAR ELEVATION. THE DECK IS NOT CONSIDERED A BREAK IN THE ELEVATION. 21. THAT OPTION A BE USED FOR THE EXTERIOR BUILDING DESIGN. 7.1 COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 3-1. Mayor Iadinzmg opposed. Mayor F-2inzing stated that she felt the developer should have met the 30' private driveway setback requirement. Memorial Gift City Administrator Pat Iadaers stated that Jo Tushie, wife of Gary Tushie from Tushie Montgomery Architects, passed away suddenly. He stated that Mr. Tushie assisted the city with the construction of the liquor store and is currently revolved with the public safety/city hall expansion project. He stated that the city would like to send a memorial gift to Mr. Tushie m accordance with the city's bereavement policy. COUNCILMEMBER KUESTER MOVED TO SEND A MEMORIAL GIFT IN ACCORDANCE WITH THE CITY'S BEREAVEMENT POLICY TO MR. City Council Minutes Page 9 February 19, 2002 TUSHIE OF TUSHIE MONTGOMERY ARCHITECTS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.2. Proxy for Mayor Mayor Klinzing stated that she is supposed to attend a transportation meedng on Friday, February 22, 2002, and that there was an important vote that needed to be made, which could impact the Highway 10 area in Elk River. She stated that she has another engagement and would like someone to £fll in for her at this transportation meedng. COUNCILMEMBER MOTIN MOVED TO NOMINATE CITY ENGINEER TERRY MAURER AS THE PROXY FOR THE MAYOR AND IN THE EVENT THAT HE CAN'T ACT AS THE PROXY THEN CITY ADMINISTRATOR PAT KLAERS WOULD BE ALLOWED TO ACT AS THE PROXY FOR THE MAYOR AT THIS FEBRUARY 22, 2002, TRANSPORTATION MEETING. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Attorney Peter Beck stated that the Mayor should draw up a written proxy. 8. Staff Updates City Administrator Pat Kdaers stated that the City Hall expansion meeting for Thursday, February 21, 2002, has been rescheduled to Thursday, February 28, 2002, at 8:00 a.m. Mr. I~daers stated that the School Board couldn't meet with the Council on a Monday evening. The Council stated that they could meet on Thursday, May 23, 2002. Mr. I~daers stated that the Sherburne County Board could not meet on the dates suggested and the Council is now looking at May or June meeting timeframes and furthermore, that it may require a special Council meeting on the fu:st Monday of the month. 9. Adjournment There being no further business, Mayor K2inzing adjourned the meeting of the Elk River City Council at 7:50 p.m. Tina Allard Recording Secretary