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12-15-2003 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER HIGH SCHOOL LITTLE THEATER MONDAY, DECEMBER 15, 2003 Memb'ers Present: Members Absent: Staff Present: Also Present: Mayor I(3inz!ng, Councilmembers Dietz, Kuester, Mot_in, and Tveite None City Administrator Pat Klaers, Finance Director Lori Johnson, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Ter~ Maurer, City Attorney Peter Beck, Recreation Manager Michele Bergh, and Recording Secretary Tina Allard Planning Commissioners Mark Pederson, Peter Lemke, Howard Ropp, Leo O fferman, and Dana Anderson Park and Recreation Comrms~ioners John Kuester, Arthur Jackett, Duane Peterson, and Dave Anderson Call Meeting To Order Pursuant to due call and notice thereof, the meedng of the Elk River City Council was called to order at 6:30 p.m. by Mayor Fdinzmg. Consider 12 / t 5/2003 Agenda Councilmember Modn added an item under Other Business. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE AGENDA AS AMENDED. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE FOLLOWING CONSENT AGENDA: .DECEMBER 8, 2003 REGULAR MINUTES DECEMBER 8, 2003 EXECUTIVE SESSION MINUTES 3.2. APPROVAL OF THE FOLLOWING 2004 LICENSES CONTINGENT UPON THE APPLICANTS SUBMITTING THE PROPER APPLICATION MATERIALS AND FEES: · BILLIARD HALL · COMMERCIAL AND PRIVATE KENNEL · MASSAGE ESTABLISHMENT AND MASSAGE THERAPIST · MECHANICAL AMUSEMENT · TOBACCO City Council b~mtes December 15, 2003 3.3. MASSAGE THERAPIST LICENSE FOR JAMI STERNQUIST TO PRACTICE AT SIMONSON'S SALON AND DAY SPA Page 2 3.4. TRANSIENT MERCHANT LICENSE FOR DENNIS FROEHLICH MOTION CARRIED 5-0. 4.1. Utilities Update Councilmember John Dietz updated the Council on the December 15, 2003 Utilities Commission meeting. He stated that the Commission would like to hold a joint meedng with the Council to discuss responsibility for costs associated with street light maintenance. 4.2. YMCA Update City Administrator Pat Klaers provided an update of the YMCA Founder's Comrmttee meeting held on December 11, 2003. 4.3. NCDA Update Senior Planner Scott Harlicker provided an update on the Northstar Corridor Development Authority meedng and the All Aboard Elk River meedngs held during the past month. 4.4. Park and Recreation Commission Update Director of Planning Michele McPherson stated that the Park and Recreation Commission would tike to continue its work on studying and establishing greenways. It was the consensus of the Council to send out Requests for Proposals for an outside consultant to complete an inventory of natural resources for greenway implementation. Recreation Manager NIichele Bergh discussed the mission statement for the City Recreation department as recommended by the Park and Recreation Subcommittee and the full Commission. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT A MISSION STATEMENT AS OUTLINED IN THE STAFF REPORT FOR CITY RECREATION. MOTION CARRIED 5-0. Ms. Bergh discussed the policy guiding program offerings created by the Subcommittee. Councilmember Motin stated he is concerned with City Recreation competing with private business. Councilmember Kuester stated that it was difficult to narrow down the policy and the Subcommittee did not want to be too specific and end up eliminating some positive programs. She stated that it is possible that the city may compete with private business, but it was too difficult to predict when and how. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT A POLICY FOR PROGRAM OFFERINGS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. City Council Minutes December 15, 2003 Page 3 Ms. Bergh requested to change the Lions Park Center (LPC) policy to have all holidays considered as weekend use and subject to staff availability. Councilmember Motin questioned how the fees would be charged to cover staff trine. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT THE LPC POLICY CHANGE AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Ms. Be~'gh requested a change to the Woodland Trails Park Pohcy for out of toxvn groups (schools and others). She stated that s-ki groups can't afford the fee or are using the park without paying fees. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO ADOPTED CHANGES TO THE WOODLAND TRAILS POLICY AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. Ms. Bergh stated that Three Rivers Soccer Association (TRSA) ~vould like to offer a second season of leagues if City. Recreation will co-sponsor the program. She discussed what Recreation and TRSA would provide to the partnership and requested that the City Council waive the non-resident fee for this program. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO WAIVE THE NON-RESIDENT FEE AND TO WORK WITH TRSA IN ESTABLISHING A SECOND SEASON FOR A SUMMER SOCCER LEAGUE. MOTION CARRIED 5-0. 4.5. Consider Ordinance Approving the 2004 Fee Schedule, Public Hearing City Administrator Pat I43aers stated that the Council has already reviewed the fees for 2004 but still needs to hold a public hearing prior to adoption of the fees. Mayor I43inzing opened the public heating. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMENIBER MOTIN TO ADOPT ORDINANCE 03-18 ADOPTING THE 2004 FEE SCHEDULE. MOTION CARRIED 5-0 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO ALLOW FOR THE SUMMARY PUBLICATION OF ORDINANCE 03-18. MOTION CARRIED 5-0. 4.6. Consider Resolution Setting the Final Tax Levy. for Taxes Payable 2004 Consider Motion Adopting 2004 Budget Mr. I4daers stated that the Council has reviewed the 2004 budget at numerous meetings and has already held its Truth in Taxation hearing. He discussed the notification process that the city followed. City Council Minutes December 15, 2003 Page 4 4.8. 4.9. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 03-82 AUTHORIZING THE PROPERTY TAX LEVY FOR COLLECTION IN 2004. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT THE 2004 MUNICIPAL GENERAL FUND BUDGET AND THE SPECIAL REVENUE FUNDS. MOTION CARRIED 5-O Consider Resolution Adopdng 2004 Pay Plan for Non-Organized Employees Mr. Fdaers discussed the 2004 Pay Plan for Non-Organized Employees. He stated that the Plan includes a three percent increase for employees beginning January 1, 2004, along with a $15.00 per month, per employee, increase in the city's contribution to health insurance. NLr. Fdaers gave an overview of Wellness Committee activities for 2003. Mr. I~aers stated that the city is likely to be out of compliance with the pay equity law because of d~e additional pay given to building inspectors. Finance Director Lori Johnson stated that the city must ~vork out these compliance issues, as it is possible that the city could lose part of its LGA fundink or be fined by the State. She stated both legal compliance and internal fairness are issues due to the building inspector pay increase. She stated that a time spent analysis was done for the Building Inspector position but they did not score any higher on the point ranking scale. Mr. Klaers suggested that when new inspectors are hired, the Council could initially set the top of the wage at the old rate until this issue is resolved. It was the consensus of the Council to expand the salary survey to include building inspectors. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO ADOPT RESOLUTION 03-83 ADOPTING THE 2004 PAY PLAN FOR NON-ORGANIZED EMPLOYEES. MOTION CARRIED 5-O. Consider Revisions to Personnel Policy Manual Ms. Johnson discussed changes to the Personnel Policy Manual. She discussed the holiday leave for the liquor store employees and the leave time for certain part time employees as outlined in her staff report. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE CHANGES TO THE PERSONNEL POLICY MANUAL. MOTION CARRIED 5-0. Ms. Johnson stated that there have been several minor amendments to the Personnel Policy manual since its adoption in 1999. She stated it may be prudent to have it reviewed in its entirety by the city attorney in 2004 or 2005. It was the consensus of the Council that a thorough review of the Personnel Policy Manual be completed in 2004 or 2005. City Council Minutes December 15, 2003 Page 5 4.10. Consider 2003 Budget Amendments Finance Director Lori Johnson reviewed the 2003 budget amendments. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE 2003 BUDGET AMENDMENTS. MOTION CARRIED 5-0. 5. Open N[ike Richard Gruys, 22347 Monroe Street- Discussed the definition of the Municipal Boundary according to the NIZN Department of Administration. He quoted secdon 414.6 and gave out a contact name and phone number for information on this section of the state code. This section of the code discussed detachment of landowners from municipalities. 6.1. Request by City. of Elk River to Revie~v Updated Comprehensive Plan Director of Planning Michele McPherson stated that this item had been tabled from the November 17, 2003 Council meedng in order for the Planning and Park and Recreation Com~rdssions, along with staff, to develop a nmeframe for implementation of certain components of the Plan, as outlined in Ms. McPherson's staff report. She reviewed the implementation procedure of the Plan and suggested a one year citywide development moratorium. Mayor K2inzing allowed citizens to speak on this issue. Mike Ziegler, 9730 313a~ Avenue, Princeton-Stated that small builders from the Elk River area would be hurt by this moratorium. He stated that the moratorium is discriminatory as it would affect older people ~vho are ready to retire and ~vould not be able to sell or develop their property for retirement purposes. Duane Peterson, Park and Recreation Commissioner-Stated that both the Planning and the Park and Recreation Commission put a tot of time and effort into their recommendation to the Council. He stated that two years (moratorium) is needed to implement the Plan. Scott Breuer, 16070 201~t Avenue-Stated that Elk River may have two years ~vorth of lots that are ready for construction but these lots are owned by national builders and not local builders. He stated that the moratorium would hurt b2s business. He suggested that the Council consider other options. Mark Pederson, Planning Commissioner-Stated that the moratorium would give the city dine to review and plan for transportation and sewer and ~vater issues. He stated that after six months of a citywide moratorium, parts of the city could be phased in to allow for development. He questioned if the city could afford to have a moratorium in effect for two years. Mark Lee~ 10934 County Road 33-Stated that he is in favor of the moratorium and would like to see it extended for a longer timeframe. He is concerned about the schools being able to keep up with the current growth. He would like to see Elk River remain a more rural community. City Com~cil Minutes Page 6 December 15, 2003 Mary Jo Miske, 10078 Twin Lakes Road-Stated that she is concerned about the moratorium. She stated that the city should have the moratorium in effect north of County Road 33 because that is where the concerns are being raised. She questsoned ~vhy the city would allow 2 1/: acres lots north of County Road 33. She felt they should remain as 10 acre lot minimums. Doug HiPsag, North of County Road 33-Stated that the city should have considered the transportation and server and water plans prior to the Comprehensive Plan. He stated that he would Like to sell his property for retirement purposes. Counc/lmember Tveite thanked the Planning and the Park and Recreation Commissions for their work and recommendations. He stated that he has concerns for traffic and would like to see a greenway system established. Councilmember Kuester stated that the moratorium should be cityxvide as there are other citywide issues such as transportation. She is concerned about the tax base of the city if development is limited. She is concerned about the lack of commercial and industrial development in the city. Councllmember Motin stated that more information is needed before adoption of the Comprehensive Plan. He is concerned with sewer and water issues and the development of the gravel mine area. He is concerned over the lack of commercial availability in the ne~v Plan. Councilmember Dietz stated that he appreciates all the work put into the Plan. He stated that he is unsure if the moratorium ~vould be a good idea. He stated that the city should follow through on the transportation and the sewer and water plans before adopting the Comprehensive Plan. Councilmember Tveite stated that the Comprehensive Plan needs to be adopted before the transportation and the sewer and water issues can be implemented. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER TVEITI~ TO ADOPT THE COMPREHENSIVE PLAN AS PRESENTED AND TO IMPLEMENT A 12 MONTH CITYWIDE MORATORIUM WITH A SIX MONTH REVIEW(WITH EXCLUSIONS BY STAFF). MOTION FAILED 3-2. Councilmembers Dietz and Motin opposed. City Engineer Terry Maurer stated that the Wastewater Treatment Plant Capacity study would take about six months but that he could have a scope of services to Council in January. He stated that this study has not taken into consideration a second plant. Mayor Klinzing asked about the timeframe for the greenway study. Ms. McPherson stated that the she thought it could be completed by July. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO TABLE THE COMPREHENSIVE PLAN TO TUESDOY, JULY 6, 2004. MOTION CARRIED 5-0. The Council took a ten trdnute break at 8:25 p.m. City Council Minutes December 15, 2003 6.2. Request by Cascade I Land Co. for Final Plat Approval Addition, Case No. P 03-15 Cascade Industrial Park 2nd Page 7 Senior Planner Scott Harlicker submitted the staff report. Mr. Harticker discussed zoning and stated that the final plat has already been approved. Mr. Harlicker stated that the applicant would like to replat Lot 2, Block 1 into two lots. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT RESOLUTION 03-84 GRANTING FINAL PLAT APPROVAL FOR CASCADE INDUSTRIAL PARK 2r~n ADDITION, CASE NO. P 03-15. MOTION CARRIED 5-0. 6.3. Request by R&D Sales for Conditional Use Permit to Construct a Multi-Tenant Building, Public Hearing-Case No. CU 03-32 Senior Planner Scott Harlicker submitted the staff report. ~vLr. Harl/cker stated that the applicant is requesting a conditional use permit to amend the PUD agreement for Elk [Liver Plaza Third Addition to construct a multi-tenant facility. He discussed zoning, regress/egress, parking, landscaping, and Planning Commission action. Mayor I4.2inzing opened the public hearing. Rick Schultz, 19173 Zane Street-Thanked staff for all their input and stated that he is wor 'king ~vith staff on some of the landscaping issues. There being no one else to speak to this issue, Mayor 1,2!inzing closed the public hearing. Councilmember Kuester questioned the type of trucks that would be at the loading dock. Nix. Schultz indicated that only smaller trucks, hke UPS, would use the loading dock. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A CONDITIONAL USE PERMIT TO R&D SALES TO AMEND THE ELK RIVER PLAZA PUD TO ALLOW A MULTI-TENANT FACILITY WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. A CROSS-ACCESS AGREEMENT BETWEEN THE APPLICANT AND THE STAR NEWS BE RECORDED. 3. A REVISED LANDSCAPE PLAN BE REVIEWED AND APPROVED BY STAFF. THE DUMPSTER LOCATION BE SHOWN ON THE SITE PLAN AND BE CONSTRUCTED OF MATERIAL SIMILAR TO THAT OF THE BUILDING. MOTION CARRIED 5-0. City Cotmcil Minutes December 15, 2003 6.4. Page 8 Request by Christopher/Vicki Szews for Conditional Use Permit to Operate a Montessori School Public Hearing-Case No. CU 03-31 Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is requesting a conditional use permit to operate a Montessori School. He discussed the site location, parking, ingress/egress, and Planning Commission action. Councilmember Motin disclosed that he does some xvork for the applicant. Mayor IClinzing opened the public hearing. There being no one to speak to this issue, Mayor F'dinzing closed the public hearing. MOVED BY COUNCIL-MEMBER KUESTER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE A CONDITIONAL USE PERMIT TO OPERATE A MONTESSORI SCHOOL WITH THE FOLLOWING CONDITIONS: IF MORE EMPLOYEES AND/OR STUDENTS ARE TO BE ADDED WHICH RESULTS IN ADDITIONAL PARKING BEYOND 40 STALLS PER THE ORDINANCE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. "ENTER ONLY" SIGNS SHALL BE PLACED AT THE SOUTH ENTRY OFF OF VERNON STREET WITH "DO NOT ENTER" SIGNS ON THE BACK OF EACH "ENTER ONLY" SIGNS. 3. "EXIT ONLY" SIGNS SHALL BE PLACED AT THE NORTH EXIT ONTO VERNON STREET. 4. THE BUILDING SHALL COMPLY WITH ALL APPLICABLE BUILDING CODES. 5. THE BUILDING SHALL COMPLY WITH ALL APPLICABLE FIRE CODES. 6. THE APPLICANT SHALL MAINTAIN A STATE LICENSE FOR THE FACILITY. MOTION CARRIED 5-0. 6.5: Request by Patrick/Deborah Holzem for Land Use Map Amendment to Include Property in Urban Service Area, Public Hearing-Case No. LU 03-03 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the applicant would like to amend the Comprehensive Plan to include certain property in the Urban Service District (USD). He stated that staff recommends denial of the request based on the wastewater treatment systems capacity and much of the property in the USD to the west of the Holzem parcel is still undeveloped. Mayor Klinzing opened the~public hearing. There being no one to speak to this issue, Mayor Fdinzing closed the public hearing. City Council Miuutes December 15, 2003 MOVED BY MAYOR KLINZING TO TABLE THIS ITEM UNTIL A TIME WHEN THE WASTEWATER TREATMENT CAPACITY COULD BE DETERMINED. Page 9 City Attorney Peter Beck stated that this item must be acted upon due to the statutory timetable. MAYOR KLINZING WITHDREW HER MOTION. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO DENY THE APPLICANT'S REQUEST FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN BASED ON THE FOLLOWING FINDINGS: ACCORDING TO AN ANALYSIS COMPLETED BY THE CITY ENGINEER AS PART OF THE DRAFT COMPREHENSIVE PLAN, THE ULTIMATE DEVELOPMENT OF PROPERTIES CURRENTLY WITHIN THE URBAN SERVICE AREA WILL USE UP THE CURRENT CAPACITY OF THE TREATMENT FACILITY. THE CITY WILL BE CONDUCTING AN ENGINEERING STUDY TO DETERMINE THE FEASIBILITy OF PROVIDING GREATER TREATMENT CAPACITY. UNTIL THAT ANALYSIS IS COMPLETED, THE COUNCIL DOES NOT BELIEVE IT WOULD BE PRUDENT TO INCLUDE ADDITIONAL PROPERTY IN THE URBAN SERVICE AREA. IT WOULD BE PREMATURE TO EXPAND THE URBAN SERVICE DISTRICT TO INCLUDE THE APPLICANT'S PROPERTY UNTIL THE ADJACENT PROPERTIES CURRENTLY WITHIN THE URBAN SERVICE DISTRICT ARE DEVELOPED. THE REQUESTED EXPANSION OF THE URBAN SERVICE AREA IS NOT CONSISTENT WITH THE CURRENT COMPREHENSIVE PLAN NOR IS IT CONSISTENT WITH THE DRAFT COMPREHENSIVE PLAN CURRENTLY BEING CONSIDERED BY THE COUNCIL. 6.6. MOTION CARRIED 4-1. Mayor Kdinzing opposed. Update on City/County Transportation Committee Meeting City Engineer Terry Maurer provided an update on the following projects: County Road 44 Recom'truction Mx. Maurer stated that Rhonda Lewis, Sherburne County Assistant Engineer, is promoting and encouraging the county to construct an urban road design for County Road 44. Mx. Maurer stated that Council should consider whether County Road 44 should be a local collector route if considering the urban design. He stated that minimal right-of-way is required for this project. Mx. Maurer stated that he made a proposal to the county to have the city complete the design work for the project and the county handle the notices and meetings. It was the consensus of the Council to move forward with the reconstruction of County Road 44. City Council Minutes December 15, 2003 Page 10 County Road 40 Mr. Maurer stated that he would be bringing a plat for right of ~vay acquisition to Council for approval at a later date. 7. Other Business Councilmember Motin presented a 15X25' flag to the city from his neighbor Edward Stangis 'ki. Councihnember Motin stated that the flag used to belong to Edward Stangis -ki's father. Mr. Stangis 'ki's father, now deceased, worked for a flag company and the estate wished to donate a flag to the city. 8. Staff Updates Mr. I4Aaers stated that annual reports would be presented to the Council on Monday, April 12, 2004 and the Volunteer Appreciation Dinner is scheduled for Thursday, April 22, 2004. Mr. I~daers also provided some statistics on the high number of housing starts for Elk River for 2003. He stated that the city should ~vatch these starts closely for 2004 and may ~vant to consider limiting the number of building permits issued per year if the high growth rate continues. Mr. Klaers stated that many Minnesota cities were hit hard by LGA cuts this year, and, unlike Elk River, this has resulted in large tax increases for many cities. 9. Adjournment There being no further business, Mayor I<linzing adjourned the meeting of the Elk River City Council at 9:30 p.m. Tina Allard Recording Secretary