Loading...
01-21-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, JANUARY 2 I, 2003 Members Present: Mayor Kdinzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: }"-~one Staff Present: City Administrator Pat KAaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Attorney Peter Beck, and Recording Secretary Tina Allard Also Present: Planning Commissioner Dana Anderson Park and Recreation Commissioner Arthur Jackett 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 6:30 p.m. by Mayor I~inzing. 2. Consider 1/21/2003 Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. JANUARY 13, 2003 CITY COUNCIL MINUTES JULIE JOHNSON TO PRACTICE THERAPEUTIC MASSAGE AT THE WATERFALL SALON AND DAY SPA TOBACCO LICENSE GRANTED TO AJAY UPPAL, CENEX GAS STATION 3.2 PERCENT BEER OFF SALE LICENSE GRANTED TO AJAY UPPAL, CENEX GAS STATION RESOLUTION 03-06 APPOINTING ASSISTANT WEED INSPECTOR COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.1. Utilities Update Councilmember John Dietz provided an update regarding the January 14, 2003 Utilities meeting. He stated that the Commission agreed to keep the Jackson Street water tower but that it will need periodic maintenance. The Commission hopes to generate some revenue by putting cell phone antennas on the water tower. The Commission reviewed the feasibility City Council Minutes Page 2 January 21, 2003 ............................. study for 4m Street, Boston Street, and Concord Street. They also completed a performance review for the Utilities General Manager. 4.2. NCDA Update Senior Planner Scott Harlicker provided the Council with an update of the January 9, 2003 NCDA meeting. 4.3. Park and Recreation Commission Update Director of Planning Michele McPherson provided an update of the Park and Recreation Commission meeting of January 8, 2003. Ms. McPherson stated that the city received letters of resignation from Park and Recreation Commissioners Tim Sladek and Tom DeWall. COUNCILMEMBER TVEITE MOVED TO ACCEPT THE LETTERS OF RESIGNATION WITH REGRET FROM COMMISSIONERS TIM SLADEK AND TOM DEWALL. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ms. McPherson stated that residents living near Highlands East Park have petitioned the city to develop the park with playground equipment. She stated that development plans had been halted in the past due to residents that were opposed to the development of the park. Ms. McPherson recommended the city determine the interest of the whole neighborhood. COUNCILMEMBER TVEITE MOVED TO DIRECT THE PARK AND RECREATION COMMISSION TO CONDUCT A NEIGHBORHOOD MEETING REGARDING THE DEVELOPMENT OF HIGHLANDS EAST PARK. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Ms. McPherson reviewed the Lions Park Master Plan. She outlined three options for the layout of park amenities. She discussed the concerns and comments of the Park and Recreation Commission and the Lions Club. Ms. McPherson reviewed the proposed development of a skate park at Lions Park. She stated that the street department could contribute $24,000 in labor by hauling fill material to the skate park site. She stated that the skateboarders would be responsible for acquiring funds of approximately $35,000 for equipment in the skate park. The total skate park project, including city labor but not any purchase of fill materials, is estimated at $128,500. Councilmember Motin stated that he favors both the Hillside East and Lions Park projects but is concerned about their timing due to the state budget deficit, which may also affect the city's budget. Councilmember Dietz asked about the insurance liability of the skate park. COUNCILMEMBER TVEITE MOVED TO APPROVE THE MASTER PLAN FOR LIONS PARK AND TO ALLOW STAFF TO CONTINUE WORKING WITH THE LIONS AND THE LOCAL SKATING COMMUNITY ON THE City Council Minutes January 21, 2003 ............................. DEVELOPMENT OF THE SKATE PARK. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 3 COUNCILMEMBER MOTIN MOVED TO AUTHORIZE THE STREET DEPARTMENT TO BEGIN MOVING FILL MATERIAL FROM THE TWIN LAKES ROAD STOCKPILE TO LIONS PARK FOR THE SKATE PARK. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4. Consider Residency Requirements for Board and Commission Members City Administrator Pat Klaers provided background information on this issue and reviewed the existing ordinances regarding residency requirements for boards and commissions. Councilmember Tveite stated that Elk River residents should get priority when being considered for appointments to a board but that the city shouldn't limit the candidates to Elk River residents only. Councilmember Motin stated that he is opposed to the residency requirement but also feels that preferential treatment should be given to Elk River residents. Mayor Klinzing stated that there should be residency requirements for boards and commissions. She stated that the boards make recommendations that affect Elk River residents. She questioned what the requirements were for other cities and if the city had completed any type of survey on this issue. Councilmember Kuester stated that if a non-resident expressed an interest in serving on a board it shows that the person has in incredible interest and commitment to Elk River. She stated that the residency requirement should be required for some boards such as the Planning Commission. Councilmember Dietz stated that non-residents currently serving as board members should be allowed to serve as long as they are willing but that any new members should meet residency requirements. He stated that the Park and Recreation Commission currently has eight members and it should only have seven members to keep the board at an odd number for voting. City Attorney Peter Beck stated that changes should be made by ordinance for each board or commission. COUNCILMEMBER MOTIN MOVED TO AUTHORIZE STAFF TO DRAFT AN ORDINANCE AMENDING SECTION 2-232 (A) OF THE EXISTING ORDINANCE RELATING TO THE PARK AND RECREATION COMMISSION BY CHANGING THE NUMBER OF MEMBERS FROM EIGHT (8) TO SEVEN (7) AND BY DELETING THE LAST SENTENCE OF SECTION (A) AND REPLACING IT WITH THE FOLLOWING LANGUAGE: "IT IS EXPECTED THAT A PREFERENCE BE GIVEN TO ELK RIVER RESIDENTS, BUT RESIDENCY BY ITSELF SHALL NOT BE A DISQUALIFICATION." COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. City Council Minutes Page 4 January 21, 2003 ............................. COUNCILMEMBER KUESTER MOVED TO AUTHORIZE STAFF TO DRAFT AN ORDINANCE AMENDING SECTION 2-212 OF THE EXISTING ORDINANCE RELATING TO THE HERITAGE PRESERVATION COMMISSION BY DELETING THE LANGUAGE "AND MUST RESIDE IN THE CITY: AND REPLACING IT WITH THE FOLLOWING LANGUAGE: "IT IS EXPECTED THAT A PREFERENCE BE GIVEN TO ELK RIVER RESIDENTS, BUT RESIDENCY BY ITSELF SHALL NOT BE A DISQUALIFICATION. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. COUNCILMEMBER TVEITE MOVED TO AUTHORIZE STAFF TO DRAFT AN ORDINANCE AMENDING SECTION 2-252 (A) OF THE EXISTING ORDINANCE RELATING TO THE ICE ARENA COMMISSION BY DELETING THE LAST SENTENCE OF SECTION (A) AND REPLACING IT WITH THE FOLLOWING LANGUAGE: "IT IS EXPECTED THAT A PREFERENCE BE GIVEN TO ELK RIVER RESIDENTS, BUT RESIDENCY BY ITSELF SHALL NOT BE A DISQUALIFICATION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed. 5. Open Mike No one appeared for Open Mike. 6.1. Request by Cascade Land Co. for Final Plat Approval (Cascade Industrial Park), Case No. P 01-20 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant is requesting to amend the final plat for Cascade Industrial Park. Mr. Harlicker stated that the applicant is proposing to plat three lots alongJarvis Street instead of two. He discussed the existing site conditions, lot and street layout, grading, drainage, utilities, and park dedication fees. Councilmember Motin questioned what is planned for Outlot B. Jim Brown, Director of Development for Cascade Land Company - Stated that they would be willing to deed Outlot B to the adjacent property owner. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-07 GRANTING FINAL PLAT APPROVAL FOR CASCADE INDUSTRIAL PARK, CASE NO. P 01-20, WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. City Council Minutes Page 5 January 21, 2003 ............................. $. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER 9. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 10. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 11. ALL WELLS ON LOTS ABUTTING THE WEST BOUNDARY OF THE PLAT BE LOCATED TO THE EAST AS FAR AS POSSIBLE. 12. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. THAT OUTLOT B BE DEEDED TO THE ADJACENT PROPERTY OWNER TO THE NORTH. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by Pat/Lou Pertl for Variance, Public Hearing - Case No. V 02-08 - Appeal Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a variance to allow construction of a detached garage within the 35' front yard setback on his corner lot, which has two front property lines. Mr. Leeseberg gave a brief history of the variance request and discussed the five conditions that must be met in order for Council to grant a variance. Mayor Kflinzing opened the public hearing. There being no one to speak to this issue, Mayor K2inzing closed the public hearing. City Council Minutes January 21, 2003 ............................. Page 6 COUNCILMEMBER MOTIN MOVED TO GRANT THE VARIANCE FOR PAT AND LOU PERTL BASED ON THE FOLLOWING FINDINGS: LITERAL ENFORCEMENT WOULD REQUIRE THE APPLICANT TO PLACE THE GARAGE IN A LOCATION THAT WILL NOT SUIT THE APPLICANT'S PHYSICAL NEEDS AND WOULD NOT BE ACCESSIBLE OR PLACE IT WHERE THERE IS CONSTANT CONFLICT WITH THE WELL. IT WILL ALSO REQUIRE THE REMOVAL OF A SIGNIFICANT AMOUNT OF TREES TO PLACE THE STRUCTURE IN AN AREA THAT WOULD NOT REQUIRE A VARIANCE. o THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES THAT ARE PECULIAR TO THE LAND. THE LOT SIZE IS MUCH SMALLER THAN THE MINIMAL LOT SIZE FOR THAT ZONED AREA. THE SITE IS HEAVILY WOODED AND THE HOUSE WAS PLACED CLOSE TO THE ROAD TO MINIMIZE THE IMPACT OF TREE REMOVAL. THE CONTOUR OF THE TERRAIN LIMITS THE APPLICANT'S MOBILITY. THE LOCATION OF THE WELL RESTRICTS WHERE THE GARAGE COULD BE PLACED. THE PROPERTY IS A CORNER LOT, WHICH HAS TWO FRONT PROPERTY LINES, WHICH FURTHER RESTRICTS THE "SIDE" OF THE HOUSE. ° OTHER PROPERTIES IN THE SAME DISTRICT DO NOT HAVE THE SAME CHARACTERISTICS (LOT SIZE, TERRAIN, VEGETATION) THAT LIMIT THE LAND THAT IS AVAILABLE TO CONSTRUCT ADDITIONAL GARAGE SPACE. o THE SPECIAL CONDITIONS ARE NOT A CONSEQUENCE OF THE APPLICANT'S ACTIONS OR INACTIONS. THE SPECIAL CONDITIONS RELATE TO THE PHYSICAL CHARACTERISTICS OF THE SITE AND THE LOCATION OF THE HOUSE, WELL AND SEPTIC FIELD. ° THE GRANTING OF THIS VARIANCE WOULD NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED. THE REMOVAL OF OAK TREES MAY IN FACT PRODUCE OAK WILD IN THE AREA IF NOT DONE PROPERLY. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Chris Stokke (Greenscape Landscaping) for an Amendment to a Conditional Use Permit, Public Hearing - Case No. CU 02-33 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting an amendment to a conditional use permit for a landscape contractor's yard. The City Council Minutes January 21, 2003 ............................. applicant would like to amend the permit to build a 60' X 80' building with office and storage space. Mr. Leeseberg discussed landscaping, grading, drainage, and Planning Commission action. Page 7 Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. COUNCILMEMBER KUESTER MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT FOR CHRISTOPHER STOKKES WITH THE FOLLOWING CONDITIONS: THE OUTDOOR STORAGE AREA CONSIST OF CLASS V MATERIAL AND THE PERIMETER BE BOUNDED WITH RAILROAD TIES OR SOME OTHER BARRIER TO PREVENT THE AREA FROM GRADUALLY EXPANDING. 2. ALL LANDSCAPING SHALL BE INSTALLED AS INDICATED BY THE PROPOSED LANDSCAPE PLAN. DATED 11/23/02 3. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 4. THE ENTRANCES SHALL BE NO WIDER THAN 30 FEET. 5. NO RETAIL SALES ARE ALLOWED. 6. THE BUILDINGS SHALL COMPLY WITH ALL APPLICABLE BUILDING AND FIRE CODES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Request by Cascade Land Company, LLC to Amend the Urban Service Area Map of the Ci~'s Comprehensive Plan, Public Hearing - Case No. LU 01-06 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant would like to amend the Comprehensive Plan to include a six-acre parcel into the Urban Service District. He gave a background history of the parcel. He stated that there is a concern with bringing this parcel into the Urban Service District because of how it will interact and affect the parcels around it. He discussed three options for Council consideration. Mayor Klinzing opened the public hearing. Jim Brown, Director of Development Cascade Land Company - Stated that due to the reconstruction of 175m Avenue, the well on this parcel went dry. He stated that the existing septic had been crushed and filled. Mr. Brown stated that he would be willing to do an administrative subdivision to allow just the single family residence access to sewer and water. Mayor Klinzing closed the public hearing. City Council Minutes Page 8 January 21, 2003 ............................. Councilmember Motin questioned whether this residence could be temporarily served by sewer and water. He stated that he would like to wait until the Comprehensive Plan is completed as the parcel may be brought into the Urban Service District as part of the implementation of the Comprehensive Plan. Councilmember Tveite stated that this parcel should not be brought into the Urban Service District until the Comprehensive Plan is completed. Councilmember Dietz stated that he would not want the applicant to pay for a well and septic system only to have the parcel brought into the Urban Service District in a few months. City Attorney Peter Beck stated that the city could enter into an agreement with the applicant to connect to city sewer and water until the Comprehensive Plan was complete. He stated that the city could charge a users fee and then if this parcel is brought into the Urban Service District the assessments could be determined at a later date. The Council had concerns with allowing the applicant to connect to city services and then if this parcel were not brought into the Comprehensive Plan; how would they make the applicant disconnect? Planning Commissioner Dana Anderson stated that the Planning Commission felt this property should not be brought into the Urban Service District until the Comprehensive Plan had been completed. City Administrator Pat Klaers stated that staff is opposed to this entire parcel being brought into the Urban Service District until the Comprehensive Plan is complete. He stated that staff had less of a concern if the City Council approved a smaller subdivided area into the Urban Service District. COUNCILMEMBER TVEITE MOVED TO DENY THE REQUEST TO INCLUDE THIS PARCEL IN THE URBAN SERVICE DISTRICT BASED ON THE FOLLOWING FINDINGS: 1. THE PARCEL IS NOT INCLUDED IN THE URBAN SERVICE DISTRICT. 2. THE PARCEL IS NOT CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Other Business There was no other business. 8. Staff Updates City Attorney Peter Beck updated the Council on the Tollefson lawsuit. City Council Minutes January 21, 2003 ............................. 9. Adjournment Page 9 There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:15 p.m. Tina Allard Recording Secretary