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03-07-2005 CC MIN . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 7, 2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Morin Members Absent None Staff Present City Administrator Pat Klaers, Director of Finance and Administrative Services Lori Johnson, Building and Environmental Administrator Stephen Rohlf, Environmental Technician Rebecca Haug, Senior Planner Scott Harlicker, and Recording Secretary Jessica Miller 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 Klinzing. 2. Consider 03/07/05 Agenda . MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES · 02/14/2005 REGULAR · 02/14/2005 EXECUTIVE SESSION · 02/22/2005 REGULAR 3.2. CHECK REGISTER 3.3. GARBAGE HAULERS CONTRACT 3.4. RESOLUTION 05-19 ACKNOWLEDGING CONTRIBUTION TO THE ELK RIVER POLICE DEPARTMENT FROM CARING RIVERS UNITED WAY 3.5. MASSAGE THERAPIST LICENSE FOR]OHANNA ROSENDAHL 3.6. MASSAFE THERAPIST LICENSE FORAYA DELONG 3.7. LICENSES FOR PAO VANG (MP CONVENIENCE) · 3.2. PERCENT MALT OFFSALE · TOBACCO MOTION CARRIED 5-0. . City COlillcil1'vIinutes March 7, 2005 Page 2 . 4. Open Mike Noone appeared for Open Mike. 5.1. Request by Toel Larson for Land Use Amendment and Rezoning Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that the applicant is requesting a land use amendment to include a 6.4. acre parcel of land in the Urban Service District and a zone change from Rla (Single Family Residential) to R3 (Townhouse District). IYIt. Harlicker provided an overview of the proposal. Mayor I<linzing opened the public hearing. Ijaz Osman, 10616 17Sth Avenue NW - Stated that he would like the Council to delay the decision to add this property into the Urban Service District as he would like to see the entire area considered as a whole when a development plan comes forward. Dale Robinson, 10714 17Sth Avenue NW - Stated that he is concerned that residential homes will sit in the middle of the townhome development and he would also like to see the area developed as a whole. Mayor I<linzing closed the public hearing. . Councilmember Motin stated that this area will be included in the Urban Service District in the future but it may be premature to include it at this time. He stated that he disagrees that the parcel is large enough to be developed on its own as the area is meant to be high density. Councilmember Motin stated that his preference would be to see the area be developed as a larger piece and it doesn't make sense, especially from a street system point-of-view, to have the Urban Service District piece mealed in one parcel at a time. Councilmembers Gumphrey and Farber concurred. Mayor Klinzing stated that she also agreed that it doesn't make sense to add this area to the Urban Service District at this time because only one property owner is requesting it be added and that she would like to see the entire area added to the Urban Service District at the same time. Councilmember Dietz indicated that a developer cannot be forced into purchasing properties d1at he doesn't want and questioned if the Council would allow any of the properties to be developed if the developer does not buy them all. He stated that he didn't believe adding d1is area to the Urban Service District now would affect the property owners until they decided to sell their homes. Councilmember Motin indicated that by approving this request, development of the entire area could be affected. Councilmember Farber expressed concerns with "spot zoning" the area and how adequate transportation needs could be addressed. . City Administrator Pat Klaers suggested that Council provide staff direction as to what they would like to see happen in this area and staff and the Planning Commission can work with neighbors to come up with a plan for this area and bring it back for discussion at a Council \\7 orksession. City Council l'vIinutes March 7, 2005 Page 3 . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO DENY THE REQUEST BY JOEL LARSON TO AMEND THE COMPREHENSIVE PLAN TO INCLUDE A 6.4 ACRE PARCEL OF LAND IN THE URBAN SERVICE DISTRICT BASED ON THE FOLLOWING FINDINGS: · THE PROPERTY IS NOT CURRENTLY IN THE URBAN SERVICE AREA NOR IS IT ZONED PROPERLY. · THAT ALLOWING THE PROPOSAL AT THIS TIME WOULD DETRIMENTALLY AFFECT NEIGHBORING PROPERTIES BY PLACING HIGH DENSITY NEXT TO SINGLE-FAMILY HOMES, ADVERSLY AFFECTING VALUES OF NEIGHBORING PROPERTIES, AND REDUCING PLANNING OPPORTUNITIES FOR THE IMMEDIATE AREA. · THE PROPOSAL BY ITSELF DOES NOT MEET THE PURPOSE OF HIGH DENSITY DESIGNATION, FOR TO DO SO WOULD REQUIRE AN OVERALL PLAN FOR THE SURROUNDING AREA. MOTION CARRIED 4-1. Councilmember Dietz opposed. . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER FOR PLANNING STAFF AND THE PLANNING COMMISSION TO WORK WITH NEIGHBORS TO COME UP WITH A PLAN FOR THE AREA TO BE BROUGHT BACK TO THE CITY COUNCIL AT A FUTURE WORKSESSION. MOTION CARRIED 5-0. Mayor I<linzing indicated that the Council does not need to address the request by the applicant for rezoning of the property as it was contingent on approval of the Comprehensive Plan amendment discussed above. 6.1. Government Finance Officers Association Award City Administrator Pat Klaers indicated that the City of Elk River has once again received the Certificate of Achievement for Excellence in Financial Reporting for the 2003 Fiscal Year. Mr. Klaers stated that the City of Elk River has received this award for 15 consecutive years but receiving the award for 2003 is especially satisfying when considering that the city's 2003 Comprehensive Annual Report (CAFR) is the first report completed under the new governmental accounting rules of Governmental Accounting Standards Board Statement 34 (GASB 34). Finance and Administrative Services Director Lori Johnson indicated that the award is a reflection on the entire city. Ms. Johnson thanked the entire Finance Department and especially Assistant Finance Director Lori Ziemer for all the hard work and time in preparing the financial reports. . Mayor I<linzing congratulated the Finance Department on this award. City Council j'yfinutes March 7, 2005 Page 4 . 6.2. Letter from Mayor Requesting Extension ofNPDES Permit Environmental Technician Rebecca Haug indicated that the "Minnesota Pollution Control Agency (NIPCA) has imposed additional requirements in order for the city to renew its NPDES permit which the city will be unable to complete by the deadline given. Ms. Haug explained that these requirements will create a huge financial burden because no money has been budgeted for them and even if it had, the city would be unable to complete the new requirements by the deadline. She stated that the League of Minnesota Cities suggested that cities being required to comply with these additional requirements send a letter to the League requesting an extension which will in turn be passed on to the MPCA. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY FOR MAYOR KLINZING TO SIGN A LETTER ON BEHALF OF THE CITY COUNCIL TO THE LEAGUE OF MINNESOTA CITIES REQUESTING EXTENSION OF THE CITY OF ELK RIVER NPDES PERMIT. MOTION CARRIED 5-0. 6.3. Consider Building and Environmental Personnel . Building and Environmental Administrator Stephen Rohlf indicated that Environmental Technician Rebecca Haug will be on maternity leave during some of the busiest months of the year for the Building and Environmental Department. Mr. Rohlf stated that Ms. Haug has been training the Building Permit Technicians so they can help with some of her functions while she is on leave but that covering her workload while she is gone will be unmanageable. Mr. Rohlf stated that he is requesting permission to hire an Environmental Intern while Ms. Haug is on leave. Mr. Rohlf noted that Ms. Haug will be taking approximately two months unpaid leave will offset the costs of the intern. Mr. Rohlf also indicated that Permit Technician] ennifer Harmer reques ted to go part-time in April 2004 with the understanding that it was potentially temporary dependent on the needs of the department. He stated that the need is there for Ms. Harmer to go back to full- time status and she is agreeable to working full-time again. City Administrator Pat Klaers stated that the cost of the intern may slightly exceed the amount saved by Ms. Haug's unpaid leave and that the remaining funding for the intern will have to corne from the Council contingency fund. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING: · AN ENVIRONMENTAL INTERN BE HIRED AT $10.00 PER HOUR FOR A FOUR-MONTH PERIOD BEGINNING MID TO LATE APRIL AND ENDING IN AUGUST WITH ANY FUNDING OVER AND ABOVE THE AMOUNT SAVED BY MS. HAUG'S UNPAID LEAVE COMING FROM COUNCIL CONTINGENCY FUNDS. . PERMIT TECHNICIAN JENNIFER HARMER BE MADE A FULL- TIME EMPLOYEE EFFECTIVE AT THE BEGINNING OF THE NEXT PAY PERIOD WITH FUNDING TO COME FROM THE COUNCIL CONTINGENCY FUND. . City Council 1'vIinutes March 7, 2005 Page 5 . MOTION CARRIED 5-0. 6.4. Call Special Meeting for Annual Report Presentation MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO CALL A SPECIAL MEETING FOR MONDAY, MARCH 28, 2005, AT 6:00 P.M. IN ORDER FOR STAFF TO PRESENT THE 2004 DEPARTMENTAL ANNUAL REPORTS. MOTION CARRIED 5-0. 6.5. Northstar Commuter Rail Update Councilmember Motin provided the Council with a Northstar Corridor Development Authority update. 6.6. HRA Update Councilmember Motin provided an update on the March 7, 2005 HRA meeting. 6.7. Discussion on Council Worksession Agendas City Administrator Pat Klaers reviewed the tentative Council worksession agendas for March and April. . 7. Other Business Councilmember Farber indicated that he attended the Board of Review training held at the County. He eXplained that it is important for the city to have more than one elected official attend the training because there must be at least one elected official who has completed the training in attendance at the Board of Review meeting or the city forfeits there right to hold their own Board of Review meetings for two years. Councilmember Dietz questioned what happens if the city loses their right to have the meetings. Councilmember Farber indicated that if the city is unable to have the Board of Review meeting, then the residents would plead their case directly to the County Assessor. Councilmember Farber noted that there will be additional training in the fall. 8. Staff Updates City Administrator Pat Klaers stated that on March 8, 2005, City Attorney Peter Beck will be attending a Planning Commission workshop and discussing legal constraints and the planning process with the Commission. Mr. Klaers invited the Council to attend. . Mayor Klinzing stated that she sits on the Greater Minnesota Housing Fund Board and will be participating in a panel of local elected officials who have been asked by the McKnight Foundation to discuss what tl1eir housing and groWtl1 issues are in their communities. She stated that the discussion is scheduled for the morning of March 23, 2005 at City Hall. City Council NIinutes March 7, 2005 Page 6 . 9. Ad10urnment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 7:29 p.m. Minutes prepared by Jessica IY1iller. //,...-'_......\ </'} . .,' " :"...~tj~/t~-t / Jo~;s. chmidt G Clerk \.,. . .