11-17-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE LIONS PARK CENTER
PIONDAY, NOVEMBER 17, 2003
Members Present:
Mayor IClinzing, Councilmembers Dietz, Kuester, Mot. in, and Tveite
Members Absent:
None
Staff Present:
City Adminis~'ator Pat I<2aers, Director of Planning Nhchete McPherson,
Senior Planner Scott Harlicker, Planner Chris Leeseberg, Building and
Environmental Administrator Steve Rohlf, City Engineer Terry Maurer,
City Attorney Peter Beck, and Recording Secretary Tina Allard
Also Present:
Planning Commissioner Dana Anderson
Park and Recreation Commissioners Duane Peterson, John Kuester, Dave
Anderson, and Dawn Polston-Hork
Heritage Preservation Commissioner Lance Lindberg
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 Kdinzing.
2. Consider Council Agenda
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. THE MOTION
CARRIED 5-0.
3. Consent Agenda
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
3.1.
3.2.
COUNCIL MINUTES
· 11/10/03 EXECUTIVE SESSION
· 11/10/03 REGULAR
TEMPORARY ON SALE LIQUOR LICENSE FOR THE ELK
RIVER LIONS CLUB
THE MOTION CARRIED 5-0.
4.1. Utilities Comnzission Update
Councilmember Dietz provided an update of the Utilities Commission meeting held on
November 12, 2003.
City Council N/mutes
November 17, 2003
Page 2
4.2. YMCA Update
City Administrator Pat Iadaers provided an update of the YMCA meeting heid on November
13, 2003.
4.3. NCDA Update
Senior Planner Scott Harlicker provided an update of the Northstar Development Corridor
meeting held on November 6, 2003. He also attended a local planning meeting on
November 3, 2003 for planning a rally in support of the corridor.
4.4. Park and Recreation Commission Update
Director of Planning M/chele McPherson provided an update of Park and Recreation
Commission activities. She stated that the Commission would like to have the Council fund
the ~varming house attendant positions at Handke Pit and Lions Park.
Discussion was held on the cost for funding these positions and xvhich funding source could
be used for adding these positions to the 2004 budget.
Mr. Klaers suggested that the Council add a $12,000 line item expenditure in the 2004
budget and increase the use of the fund balance reserves.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER TVEITE TO INCREASE THE 2004 BUDGET BY $12,000
TO BE SPENT ON WARMING HOUSE ATTENDANTS FOR HANDKE PIT
AND LIONS PARK.. THE MOTION CARRIED 5-0.
4.5. Consider Hiring Building Permit Technician
Building and Environmental Administrator Steve Rohlf submitted the staff report. He stated
that he would Like to hire a part time building permit technician. He stated that the current
full time building permit technicians would like to go to a part dine, four day work ~veek.
NEt. Rohlf would like the new part time position created to help ifil in during vacations, sick
leave, and lunch coverage. He stated that the two full time employees going to part time and
having their benefits reduced make the cost for the new employee break even in the budget.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER KUESTER TO HIRE NANCY ANDERSON AS A PART
TIME BUILDING PERMIT TECHNICIAN AT PAY GRADE 7, STEP A
BEGINNING DECEMBER 8, 2003 AS OUTLINED IN THE STAFF REPORT.
THE MOTION CARRIED 5-0.
4.6. Consider 2004 Fee Schedule
City Administrator Pat Klaers discussed the proposed changes to the 2004 fee schedule.
Mayor Klinzing questioned if usage and fees for the city's voting machines were ever
discussed with the school district. Mr. Klaers stated that the city talked with the school
district about the use of the voting machines but that no fees were ever discussed. However,
discussion did take place about what would happen if the equipment was damaged. He
City Council Minutes Page 3
November 17, 2003
stated that the fee schedule will be brought to Council for a public hearing on December 15,
2003.
Councilmember Dietz requested that Fire Chief Bruce West provide the Council with an
update on who has f'zreworks permits and the work/cost involved with enforcement of the
requirements.
4.7. Update on the Bailey House
City, Administrator Pat I<laers discussed the repairs (apprbximately $6,000) that need to be
made to the B~ey House prior to leasing it out to Love Elk River for a transitional housing
program. He stated that some of the clean up, painting and ptanfing work could be
completed by Love Elk River. Mr. Fdaers provided a per month breakdo~vn of the expenses
to show how the suggested rent amount was determined. The house will not be available
until around spring, 2004.
MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY
COUNCILMEMBER TVEITE TO APPROVE A LEASE FOR THE BAILEY
HOUSE IN THE AMOUNT OF $425 PER MONTH FOR THE FIRST TWELVE
MONTHS AND $450 PER MONTH FOR THE SECOND TWELVE MONTHS
IF THE LEASE IS EXTENDED. THE MOTION CARRIED 5-0.
4.8. Consider Payment to the School District for the Little Theatre
City Administrator Pat I~daers discussed the past payment history by the city to the school
district to help refurbish the Little Theatre.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER KUESTER TO USE NSP RESERVE FUNDS TO
FINANCE THE 2003 PAYMENT OF $112,600 TO THE SCHOOL DISTRICT
FOR THE LITTLE THEATRE. THE MOTION CARRIED 5-0.
4.9. Consider Annual Increase in City Contribution to Employee Insurance
City Administrator Pat Klaers stated that the city has budgeted a $10.00 per month per
employee increase of the city's contribution to the 2004 Employee Insurance Program. He
stated that in the 2004 police union officers' contract, the union employees received a $15.00
per month increase. He stated that the police union employees have a different insurance
policy than the non-union city employees.
Councilmember Dietz stated that in order to be fair to all employees the same contribution
amount should be approved for both union and non-union employees.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER DIETZ TO APPROVE A $15.00 PER MONTH INCREASE
IN THE CITY CONTRIBUTION TO THE 2004 EMPLOYEE INSURANCE
PROGRAM FOR NON-UNION EMPLOYEES. THE MOTION CARRIED 5-0.
Open Mike
No one appeared for Open Mike.
City Council M.h~utes
November 17, 2003
6.1. Request by Ci.ty of Elk River to Review Updated Comprehensive Plan Public Hearing
Page 4
Director of Planning Michele McPherson submitted the staff report. Ms. McPherson
introduced Rusty Fifield, Hoisington Koegler Group, Inc.
Mz. Fifield presented the draft Comprehensive Plan (Plan) to the Council. He thanked the
Task Force members and all the boards and commissions for their input on the Plan. He
discussed some of the issues that the city should consider in adopting the Plan such as sewer
capacity, areas of high density residential, and additional commercial land.
Mayor Klinzing opened the public hearing.
Counci_hnember Kuester stated that she received a phone call from Doug Hipsag, a resident
who lives north of County Road 33, and he stated his support for the Plan.
Mayor 1,2inzing closed the public hearing.
All the Councilmembers thanked the Task Force and the boards and commissions for all the
work, time, and effort they put into the Plan.
Councilmember Tveite stated that he is in support of the Plan. He views the Plan as a
preservation of land by allowing the establishment of Greenways. He stated that there is no
~vay for the Plan to be perfect and to please everyone.
Councilmember Motto stated the following concerns with the Land Use Plan and Mr. Fifield
provided a response to each of the concerns
Concern Response
The area north of County Road 33 should not be
opened up to allow 2 t/2 acre lots without any
infrastructure to support it.
A sewer and water capacity plan should be
completed prior to approving the Land Use Plan.
The Commercial districts have been decreased
from the 1995 Comprehensive Plan and more
areas need to be designated Commercial in the
new Plan.
The designated high density areas around the
railway station do not have a transportation
system to support the increase traffic.
The residential areas near the former Ron's
Foods site is still designated residential even
though it is sandwiched between Commercial
and Industrial zoned property.
The area is al.ready open for higher
density development (cluster
developments). The city should
determine if the area is going to remain
unsewered in its ultimate form.
Agree that a sewer and water capacity
Dian eventually needs to be completed.
Agree that more Commercial districts
are needed. City needs to review the
sewer capacity before establishing any
more Commercial districts. Areas that
could be considered are the Highway
169 corridor and east Highway 10. East
Highway 10 area is not market driven at
this time.
High density residential put near railway
due to mass transit system in area and to
be near the Business Park (future
employment base).
Not addressed.
City Council Minutes
November 17, 2003
Page 5
There is not statement in the Plan that
Commercial and Industrial districts are given a
preference over Residential districts when it
comes to sewer and water expansion
Not addressed.
Councilmember Dietz stated that he is concerned about opening up the land north of
County Road 33 to be developed into two and a half acre lots.
Mayor Klinzing stated that property o~vners north of County Road 33 petitioned to have
the area developed into smaller lots. She stated that this area is no longer considered
agricultural. She stated that there should be a phase implemented plan prior to rezoning the
area and allowing any development.
Councilmember Kuester stated that she is concerned about the lack of commercial districts
in the Plan. She stated that land east of Highway 169 along the corridor needs to be
addressed as to its future use. She stated that that there is a need to implement a phasing m
of the Plan. Councilmember Kuester stated that transportation is the most important issue
that needs to be addressed ~vith any future development. She questioned how the city could
be financially viable if it limits residential growth. She is concerned it may become
unaffordable for residents to live in Elk River.
Mayor I43inzing stated that Elk River residents want to see the area remain as "City and
Country Flow Together" and she believes the objectives of the Comprehensive Plan reflects
this desire. Mayor 1,2linzing stated that the Plan shows Elk River as expanding out to a
population of not more than 35,000 residents in a 44 square mile area and that this is loxv
compared to surrounding communities. People moving to Elk River will end up paying a
higher tax for enjoying a more rural community. She stated that the tax base would be
supported by more commercial and industrial development along Highway 169. Mayor
I~4inzing also expressed concerns over the sewer capacity and its expansion to the east.
Mr. Fifield stated that the city needs to complete a timeline on the implementation of the
issues discussed (sewer capacity, zoning, etc).
Councilmember Dietz stated that he believes it is possible that sewer and ~vater could some
day be extended to the properties north of County Road 33 and the city needs to take this
into consideration before adoption of the Comprehensive Plan.
Councitmember Motin stated concerns about the city being built out beyond the Plan's
recommendation and what would happen if another sewer plant were to be built.
Planning Commissioner Dana Anderson stated that he was disappointed in the amount of
public input received on the Plan during the process. He suggested that the Council give
staff and the Planning and Park and Recreation Comrmssion direction on changes they
would like to see implemented in the Plan and postpone its approval for a month. He stated
that both Commissions learned and realized the un-inventoried resources that are available
for greenway and trail corridor development.
Councilmember Motto requested language changes to parts of the Plan.
MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER
TVEITE TO ADOPT THE COMPREHENSIVE PLAN AS PRESENTED WITH
THE CHANGES SUGGESTED IN CLIFF LUNDBERG'S LETTER AND BY
City Council Minutes Page 6
November 17, 2003
COUNCILMEMBER MOTIN WITH STAFF TO COME BACK TO COUNCIL
WITH RECOMMENDATIONS IN IMPLEMENTATION OF THE ZONE
CHANGES AND THAT ONE-QUARTER MILE EAST OF HIGHWAY 169
FROM COUNTY ROAD 21 TO THE NORTH BOUNDARY OF THE CITY
REMAIN A1 AGRICULTURAL.
Councilmember Dietz questioned if the Plan was approved, then could anyone come to the
Council for a zone change to allow for 2 ¥2 acre lots north of County Road 33. He stated
that the implementation stages for the zone changes to the city code should be completed
prior to adopdon of the Comprehensive Plan.
Mayor I43inzing stated that the Plan could be adopted now and the zone changes
implemented at a later date.
City Attorney Peter Beck stated that it would be best to finish the implementation issues of
the Plan and then to approve the Plan at a later date. He stated that the Council could
approve the Plan and then establish a moratorium. He stated it would be better for the city
to create stronger regulatory controls before adopdng the Plan.
Ms. McPherson suggested that the Mayor divide her motion into parts so staff could have
better direction on the Councils intentions. The Mayor declined to change her motion.
Much discussion was held on the tWneframe for implementing the changes suggested in the
Plan.
MAYOR KLINZING WITHDREW HER ORIGINAL MOTION.
MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY
COUNCILMEMBER MOTIN TO TABLE THE APPROVAL OF THE
COMPREHENSIVE PLAN FOR ONE MONTH TO ALLOW STAFF TIME TO
DRAFT AN IMPLEMENTATION PLAN AND TO ESTABLISH MORE LEGAL
CLARITY FOR ADOPTION OF THE PLAN. THE MOTION CARRIED 5-0.
The Council took a five minute break at 9:10 p.m.
6.2.
Request by City of Elk River for an Ordinance Amendment to Section 30-1. Definitions
Regarding Governmental Buildings and Facilities Governmental Offices, and Jails, Pubhc
Hearing-Case No. OA 03-07
Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated
that due to the discrepancy between Council and'staff regarding the interpretation of City
Code Section 30.1, regarding Governmental Offices, staff has proceeded to more clearly
define what is intended as a jail that is operated in conjunction with a county courthouse.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Kdinzing closed the public hearing:
MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY
COUNCILMEMBER DIETZ TO ADOPT ORDINANCE 03-17 AMENDING
SECTION 30-1 OF THE CITY CODE OF ORDINANCES.
City Council blinutes Page 7
November 17, 2003
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER DIETZ TO AMEND THE MOTION AND TO MAKE A
LANGUAGE CHANGE REFERENCE SPECIFIC TO SHERBURNE COUNTY
IN THE ORDINANCE LANGUAGE.
THE MOTION AS AMENDED CARRIED 5-0.
6.3.
Request by Chad Lundquist (Riverview Sports) for Variance Regarding Si? Ordinance
Public Hearing-Case No. V 03-03
Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg provided an overview of
past Council action and clirecdon regarding this item. He stated that staff met with City
Attorney Peter Beck and it was determined that the applicant did not need a variance to
install an off premise sign. He stated that it was determined that the sign could be
established as an area identification sign per neighborhood as indicated in Section 30-1024
(c) (2) (b). Mr. Leeseberg stated that the applicant will be allowed to install the sign.
6.4. Update on Transportation Projects
City Engineer Terry Maurer provided an update on the following transportation projects:
· Mam Street/Highway 10
· Boston/Concord Streets
· Fourth Street
7. Other Business
Mayor I¥flinzing stated that she would like to have a ribbon cutting ceremony for the County
Road 33 bridge. Mr. Maurer stated that his office would handle this item.
8. Staff Updates
There were no Staff Updates.
9. Adjournment
There being no further business, Mayor I¥2inzing adjourned the meeting of the Elk River
City Council at 9:30 p.m.
Tina Allard
Executive Secretary