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12-16-2002 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 16, 2002 Members Present: Members Absent: Staff Present: Vice Mayor Tveite, Councilmembers Dietz, and Motln Mayor I<linzing and Councilmember Kuester City Administrator Pat K_laers, City Attorney Peter Beck, Director of Planning Michele McPherson, and City Clerk Sandra Peine Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Executive Session of the Elk River City Council wks called to order at 5:30 p.m. by Vice Mayor Tveite. Peter Beck, City Attorney updated the council on the following issues: · Goebel vs. Elk River litigation on the Ron's Foods rezonmg and conditional use permit application · Tollefson Summary Judgment Hearing 2. Adjournment There being no further business, Vice Mayor Tveite adjourned the executive session of the City Council at 6:00 p.m. Sanclra Peine City Clerk MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, DECEMBER 16, 2002 Members Present: Members Absent: Staff Present: Acting Mayor Tveite, Councilmembers Dietz., Kuester, and Motto Mayor Kdinzing City Adrninis trator Pat I~aers, Director o f Planning Michele McPhers on, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Attorney Peter Beck, Assistant Police Chief Jeff Beahen, Street/Park Superintendent Phil Hals, Finance Director Lori Johnson, and City Clerk Sanctra Peine Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:02 p.m. by Acting Mayor Tveite. Consider 12/16/2002 Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNClLMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.4. CITY COUNCIL MINUTES · 12/9/02 COUNCIL MINUTES · 12/9/02 EXECUTIVE SESSION MINUTES CHECK REGISTER REQUEST BY ELK RIVER LANDFILL, INC. AND TILLER CORPORATION FOR AMENDMENTS TO CONDITIONAL USE PERMITS FOR MINERAL EXTRACTION AND LANDFILL OPERATION, CASE NO. CU 02,28 AND CU 02-30 - WITHDRAWN CANCELLATION OF DECEMBER 23, 2002 CITY COUNCIL MEETING PAY ESTIMATES: · PAY ESTIMATE #4 TO S.R. WEIDEMA IN THE AMOUNT OF $34,300.33 FOR WORK ON THE ZANE AVENUE PROJECT · PAY ESTIMATE #4 TO S.R. WEIDEMA IN THE AMOUNT OF $29,119.97 FOR WORK ON THE 175TM AVENUE PROJECT · PAY ESTIMATE #16 TO LATOUR CONSTRUCTION, INC. IN THE AMOUNT OF $72,092.32 FOR WORK ON THE TYLER STREET PROJECT · FINAL PAY ESTIMATE TO QUALITY FLOW SYSTEMS, INC. IN THE AMOUNT OF $2,180.00 FOR WORK ON THE JACKSON AVE. LIFT STATION City Council Nfinutes December 16, 2002 Page 2 3.6. 3.7. · FINAL PAY ESTIMATE TO BAUERLY BROTHERS IN THE AMOUNT OF $16,680.07 FOR WORK ON THE 2001 OVERLAY PROJECT · PAY ESTIMATE #4 TO VARIOUS CONTRACTORS IN THE AMOUNT OF $575,383.60 FOR WORK ON THE PUBLIC SAFETY FACILITY PAY ESTIMATE #4 TO VARIOUS CONTRACTORS IN THE AMOUNT OF $254,491.80 FOR WORK ON THE CITY HALL EXPANSION APPROVAL OF THREE CHANGE ORDERS TO THE PUBLIC SAFETY FACILITY AND CITY HALL BUILDING PROJECTS TOTALING $5,902.00 APPROVAL OF SPECIAL ASSESSMENT REAPPORTIONMENTS APPROVAL OF THE FOLLOWING REAPPOINTMENTS AS REQUESTED BY MAYOR KLINZING: PAUL MOTIN TO THE EDA FOR A FOUR YEAR TERM ENDING ON 12/31/06 · STEPHANIE KLINZING TO THE EDA FOR A FOUR YEAR TERM ENDING ON 12/31/06 · JEAN LIESER TO THE HRA FOR A FIVE YEAR TERM ENDING ON 12/31/07 COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Utilities Update Councilmember Dietz updated the Council on the items discussed at the December 10, 2002 Utilities Commission Meeting. 4.2. NCDA Update Senior Planner Scott Harl/cker provided an update on the December 5, 2002 NCDA meeting. 4.3. Update on Roadside Vegetative Maintenance Street/Park Superintendent Phil Hals informed the Council that his department would be trimming trees and brash as part of the road maintenance plan. He reviewed information pertaining to the areas that are slated for trimming of roadside trees. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PROPOSED TRIM AREAS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.4. Authorization to Purchase Waste Oil Heater Phil Hals informed the Council that the City is receiving SCORE grant funds for part of the cost to purchase a waste oil heater to be used for supplemental heat for the street garage. City Council M. inutes December 16, 2002 Page 3 The furnace and supply tank will cost $5,000, of which $3,600 will be funded from SCORE funding. COUNCILMEMBER MOTIN MOVED TO APPROVE THE PURCHASE OF A 250,000 BTU CLEAN BURN FURNACE FROM DERSON TANK CO. IN WATERTOWN, MN WITH LANDFILL ABATEMENT FUNDS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.5. Consider Capital Asset Guide Finance Director Lori Johnson reviewed the City of Elk River Capital Asset Guide that has been drafted to meet the reporting requirements of GASB 34. COUNCILMEMBER KUESTER MOVED TO ADOPT THE CITY OF ELK RIVER CAPITAL ASSET GUIDE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.6. Consider 2003-2007 Capital Improvement Plan Finance Director LoriJohnson presented the 2003-2007 Capital Improvement Plan. She noted that the Council previously discussed this plan on September 23 and requested several additions be made to the plan. Lori indicated that the additions have been implemented into the plan. COUNCILMEMBER DIETZ MOVED TO ADOPT THE 2003-2007 CAPITAL IMPROVEMENT PLAN. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.7. Consider Budget Amendments LoriJohnson presented the 2002 General Fund Budget Amendments for Council review. She explained that the budget amendments are made to incorporate changes the Council has made throughout the year, to reflect major revenue and expenditure deviations from budgeted amounts, and to consider year-end budget requests. Lori explained that the amendments include requests for two new purchases and all of the other items have either been approved by the Council during the year or are adjustments to reflect significant variances from the budgeted amount. One of the requests is by the Police Department requesting a change in the weapons used by the department. Assistant Chief Jeff Beahen explained the budget request. He noted that the request is for an investment of approximately $7,550. Lori indicated that the second request is from the Fire Department to purchase a LCD projector to be used for training in the amount of $3,750. COUNCILMEMBER DIETZ MOVED TO APPROVE THE REQUESTED 2002 GENERAL FUND BUDGET AMENDMENTS. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5. Open Mike There was no one present for open mike. City Council Nfinutes Decembe~ 16, 2002 Page 4 6.1. Recodification · Request by the City, of Elk River for Recodification of Chapter 900 - "Zoning" of the Code of Ordinances, Public Hearing - Case No. OA 02-05 · Consider Ordinance Recodify. ing the City. Code/Public Hearing The City Clerk presented the newly recodified city code to the Council. She reviewed the recodification process. The Clerk indicated that the Planning Commission held a public hearing in relation to Chapter 30 - the Land Development Regulations and recommended approval of the Chapter. Acting Mayor Tveite opened the public hearing. There being no one for or against the matter, Acting Mayor Tveite closed the public hearing. COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 02-15 ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF ELK RIVER, MINNESOTA4 PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.2. Request for a Front Yard Setback Variance - Case No. V 02-08 Planner Chris Leeseberg indicated that the applicant has requested a variance to allow construction of a detached garage within the 35-foot Front Yard Setback on a corner lot. He noted that the request was for property located at 19796 Lo,veil Street NW. Chris reviewed the staff report. He noted that the Board of Adjustments voted to deny the request, as the Board did not feel that the loss of trees was a significant hardskip. Chris indicated that since the Board of Adjustments meeting, more information has been presented regarding the applicant's physical condition. Applicant, Lewis Pertl, 19796 Lowell Street, indicated his concern that the Planning Commission did not feel that the loss of trees was a significant reason to grant a variance, especially since the Commission recommended approval of a tree preservation ordinance at the same meeting his variance was denied. Mr. Pert also noted that he has a physical impairment with his knees and that it would be a hardship to build the structure further away from his house. Acting Mayor Dan Tveite opened the public hearing. There being no one for or against the matter, Acting Mayor Dan Tveite closed the public hearing. Planning Commissioner M_ichael Jenson indicated that the Planning Commission was not presented with all of the information that is before the Council. He further noted that the Planning Commission felt that a smaller garage would be more feasible and did not feel that the need to remove trees is an option to avoid a variance. Councilmember Kuester noted that previous variances that have been granted for similar reasons. City Council Minutes December 16, 2002 Page 5 COUNCILMEMBER MOTIN MOVED TO DENY THE REQUEST FOR A VARIANCE. (The motion died for lack of a second). Councilmember Motin indicated that he did not feel that the five conditions have been met for granting a variance. Councilmember Dietz indicated that he was not against the variance, but would like to see the amount of variance reduced. Following discussion of the possibility of reducing the setback, it was the consensus of the Council to table this item. COUNCILMEMBER KUESTER MOVED TO TABLE THE REQUEST FOR A VARIANCE FOR ONE MONTH. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Director of Planning Michele McPherson noted that she would inform the appl/cant that the City is requesting an extension of the 60-day review period. 6.3. Request by Sara Swanson for Conditional Use Permit (Hair Salon), Public Hearing - CU 02-32 Planner Chris Leeseberg indicated that Sara Swanson has requested a conditional use permit for a home occupation to allow a hair salon in her home at 17721 Cleveland Street NW. Chris reviewed the staff report. He indicated that the Planning Commission recommended approval of the request. Acting Mayor Tveite opened the public hearing. There being no one for or against, Acting Mayor Tveite closed the public hearing. Councilmember Mot_in discussed the City Engineer's comments regarding the impact on the environment from the chemicals used in the salon. He noted that the City Engineer felt there is very little environmental impact from the chemicals. COUNCILMEMBER MOTIN MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR SARA SWANSON, 17721 CLEVELAND STREET, TO OPERATE A HAIR SALON FROM HER HOME WITH THE FOLLOWING CONDITIONS: THE SALON SHALL COMPLY WITH THE BUILDING CODE REQUIREMENTS. THE APPLICANT SHALL MEET ALL STATE LICENSING REQUIREMENTS. IF ADDITONAL WORKSTATIONS OR EQUIPMENT ARE TO BE ADDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-O. City Council Minutes December 16, 2002 Page 6 6,4, Request by lames Boutin/William Dahlheirner for Zone Change from C2 to Cl. Public Hearing - CU 02-32 Senior Planner Scott Harlicker indicated that James Boutin and William Dahlheimer have requested to rezone the property located at 503 Jackson Avenue and 515 Jackson Avenue from C2 (Office District) to C1 (Central Commercial). Scott reviewed the staff report. He noted that the Planning Commission recommended approval of the request. Councilmember Kuester noted her concern regarding lack of parking spaces for uses that would require more parking. Acting Mayor Tveite opened the public hearing. There being no one for or against the matter, Acting Mayor Tveite closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 02-16 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM C2 (OFFICE DISTRICT) TO CI (CENTRAL COMMERCIAL) CASE NO. ZC 02-09 BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN LAND USE DESIGNATION OF CB. 2. THE REZONING IS AN EXTENSION OF THE EXISTING C1 ZONING DISTRICT. 3. THE REZONING IS COMPATIBLE WITH ADJACENT ZONING DISTRICTS AND LAND USES. 4. APPROVAL OF THE ZONING REQUEST WILL NOT HAVE ADVERSE IMPACTS ON ADJACENT USES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.5. Request by D.R. Horton for Easement Vacation, Public Heating, EV 02-11 Senior Planner Scott Harlicker indicated that D.R. Horton has requested an easement vacation for a portion of the existing drainage utility easement on Lot 4, Block 4, Trott Brook Farms 6th Addition (18388 Olson Street). Scott reviewed the staff report. Acting Mayor Tveite opened the public hearing. There being no one for or against the matter, Acting Mayor Tveite closed the public hearing. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 02-111 FOR VACATING DRAINAGE AND UTILITY EASEMENTS - CASE NO. EV 02-11 BASED ON THE FOLLOWING CONDITION: THE REVISED DRAINAGE AND UTILITY EASEMENT FOR LOT 4, BLOCK 4, TROTT BROOK FARMS 6TM ADDITION BE RECORDED WITH SHERBURNE COUNTY. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Ci~ Council Minutes December 16, 2002 Page 7 6.6. Request by Ravia Real Estate, LLC for Easement Vacation, Public Hearing, EV 02-12 Director of Planning Michele McPherson indicated that Ravia Real Estate, LLC has requested to vacate drainage and utility easements on certain lots in Mulvaney Point for the Pines Town Office Park project. Michele presented the staff report. Acting Mayor Tveite opened the public hearing. There being no one for or against the matter, Acdng Mayor Tveite closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 02-12 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 02-12. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.7. Consider Interim Ordinance Establishing a Moratorium on Land Use Requests; Highway 169 and M,qin Street (Northeast Corner), Public Hearing- Case No. OA 02-08 Director of Planning Michele McPherson indicated that the Council directed the Planning Commission and the Comprehensive Plan Update Task Force to review the following area for possible future zone change and land use amendments: "Property bounded by Highway 169 on the west, Main Street on the north, Line Avenue/County Road 13 on the east, and Main Street on the south." Michele indicated that the Planning Commission discussed the issue and voted 4-3 to recommend that the Council implement the moratorium on land use requests for the affected area. Planning Commissioner Michael Jenson indicated that three of the Planning Commissioners felt that a moratorium caused an undue hardship on the property owners and four of the commissioners voted in favor of the moratorium. Acting Mayor Tveite opened the public hearing. There being no one for or against the matter, Acting Mayor Tveite closed the public hearing. COUNCILMEMBER KUESTER MOVED TO ADOPT ORDINANCE 02-17 AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE LAND USE APPLICATIONS WITHIN A CERTAIN AREA OF THE CITY OF ELK RIVER FOR 180 DAYS- CASE NO. OA 02-08 (NORTHEAST QUADRANT OF MAIN STREET AND HIGHWAY 169). COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 3-1. COUNCILMEMBER DIETZ OPPOSED. 6.8. Request by the City. of Elk River to Amend the Elk River City. Code to Include a Section Regarding Tree Preservation, Public Hearing - Case No. OA 02-06 Senior Planner Scott Harlicker reviewed the proposed tree preservation ordinance. He indicated that the intent of the ordinance is to address the issue of tree removal and tree preservation. Scott noted that there were three significant issues to be considered while reviewing the proposed tree preservation ordinance: City Council Minutes December 16, 2002 Page 8 · Should the City be more involved with regulating the removal of trees? · Budget needs regarding staf£mg for administering and enforcement of the ordinance. · Increased costs for developers and residents. Scott noted that the Planning Commission recommended approval of the request. Acting Mayor Tveite opened the public hearing. Lewis Pertl - 19796 Lowell Avenue, noted that his request for a variance, which was just reviewed by the Council, addresses issues regarding the proposed tree preservation ordinance. He noted that the proposed ordinance would have an affect on his request for a variance. Ron Halpaus - 19563 Lander Street NW - Mr. Halpaus noted that he was a member of the tree preservation'committee who researched the subject of tree preservation and presented a draft ordinance to City Staff. He noted that the ordinance the Council is reviewing is much different than the ordinance proposed by the committee. He indicated that the purpose of the ordinance from the committee was to protect and preserve trees on construction and development sites. Mr. Halpaus proceeded to review issues in the ordinance which he felt were punitive to residential homeowners. There being no further public comments, Acting Mayor Tveite closed the public hearing. Councilmember Motto stated that he would like to see the ordinance that was proposed by the tree preservation committee. He indicated that this proposed ordinance would be difficult to enforce. Councilmember Kuester indicated that the tree preservation committee has done a lot of work on the ordinance. She noted that the three main issues that came out of the committee included a focus on development, education, and the city acting as a model by adopting a tree preservation approach for the city. Councilmember Kuester had many questions regarding the proposed ordinance pertaining to PUD's not being included in the ordinance, no reference to Oak Wilt, difficulty in enforcement, and responsibility of inspections. Councilmember Tveite indicated that he was glad to see the City taking a step toward tree preservation. He indicated that he was also concerned with the enforcement and budget issues relating to the ordinance. COUNCILMEMBER MOTIN MOVED TO CONTINUE THIS ISSUE FOR A PERIOD NOT TO EXCEED THREE MONTHS TO ALLOW THE COUNCIL AND STAFF TO FURTHER REVIEW THE PROPOSED TREE PRESERVATION ORDINANCE. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes December 16, 2002 Page 9 6.9. Request by City. of Elk River for Easement Vacation (,Grace Addition), Public Hearing - EV 02-10 Director of Planning Michele McPherson indicated that the City is requesting to vacate street, drainage, and utility easements located on the property of Grace Assembly of God Church. Michele presented the staff report. Acting Mayor Tveite opened the public hearing. Steve Hartman - 19075 Xavier Street - questioned why the easement had to be vacated prior to a new easement being prepared. Ms. McPherson noted that the original easement allowed streets to be built within the easement area. This is not desired by the city. There being no further public comment, Acting Mayor Tveite closed the public hearing. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 02-113 FOR VACATING STREET, DRAINAGE, AND UTILITY EASEMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.10. Request by the Ci.ty of Elk River to Amend Section 900.20 Regarding Regulation of Accessory. Structures, Public Hearing- OA 02-06 Planner Chris Leeseberg, indicated that the City of Elk River is requesting an amendment to the City Ordinance relating to accessory structures. Chris presented the staff report. He explained that there are two issues pertaining to the request. The first issue pertains to the clarification of the term "metal construction/exterior;" and the second issue pertains to the use of canvas accessory structures. Chris noted that the Planning Commission reviewed the issues and recommended approval of adding language to the code to define metal exterior finishes. He further noted that the Planning Commission recommended that the use of canvas covered accessory structures not be allowed. Acting Mayor Tveite opened the public hearing. There being no one for or against the issue, Acting Mayor Tveite closed the public heating. COUNCILMEMBER ICUESTER MOVED TO ADOPT ORDINANCE 02-18 AMENDING SECTION 900.08 "DEFINITIONS" AND 900.20.3 "ACCESSORY BUILDINGS" OF THE CITY CODE OF ORDINANCES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Other Business Review Winter Meeting Schedule The City Administrator reviewed upcoming meeting dates w/th the Council. COUNCILMEMBER MOTIN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON JANUARY 14, 2003, TO MEET JOINTLY WITH THE PLANNING COMMISSION TO DISCUSS THE COMPREHENSIVE PLAN. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes December 16, 2002 Page 10 The Council tentatively set March 31 as the date for annual reports. Staff Updates There were no staff updates. Adjournment There being no further business, Acting Mayor Tveite adjourned the meeting of the Elk River City Council. Sandra Peine City Clerk