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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