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11-19-2007 CC MINMEETING OF THE ELK RIVER CITY COUNCIL . HELD AT THE ELK RIVER CITY HALL MONDAY, NOVEMBER 19, 2007 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Ice Arena Manager Rich Czech, Environmental Administrator Rebecca Haug, Environmental Technician Nicki Blake-Bradley, City Attorney Peter Beck, and City Clerk Tina Allard Also Present: Planning Commissioner Matthew Westgaard 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 11/19/2007 A ends Ms. Johnson added Alcohol Compliance Checks, Ice Arena Position, and Council Retreat to Staff Updates. i MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT 3.2. PAY ESTIMATES AS OUTINED IN THE STAFF REPORT 3.3. ADOPT ORDINANCE 07-16 AMENDING SECTION 30-1293, I-2 DISTRICT; SECTION 30-1311, PRINCIPAL STRUCTURES; SECTION 30-1312, ACCESSORY STRUCTURES SETBACKS; OF THE CITY CODE OF ORDINANCES, CASE NO. OA 07-12 3.4. ADOPT RESOLUTION 07-95 ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES AS OF SEPTEMBER 1, 2007 3.5. ADOPT RESOLUTION 07-96 ADOPTING AND LEVYING ASSESSMENTS FOR ABATEMENT OF CITY CODE VIOLATIONS. 3.6. APPROVE RESTATED JOINT AND COOPERATIVE POWERS AGREEMENT FOR THE ADMINISTRATION OF CABLE • COMMUNICATIONS SYSTEMS City Council Minutes November 19, 2007 MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.1. Arts Alliance Presentation Patrick Grace, Executive Director of the Elk River Area Arts Alliance requested an additional $5,000 contribution from the city in 2008 for programming, exhibits, and performance needs. He thanked the city for past support. Councilmember Gumphrey questioned if the Arts Alliance is receiving support from other cities and businesses. Mr. Grace stated he has increased his request to Otsego and would not be receiving any contributions from Rogers. He provided examples of business support. Ms. Johnson noted that $10,000 is already in the 2008 budget for the Arts Alliance. Councilmember Farber requested that the Arts Alliance bring their requests to Council earlier in the year as the budget is already set for approval. Councilmember Gumphrey stated the Arts Alliance is an outstanding program and suggested the city consider adding $2,500. The Council agreed to include this item in the next budget discussion. Ms. Johnson noted the funds would come from Council Contingency or be cut in another area of the budget if approved. 5.2. Buckthorn Presentation-Guenther Sagan Mr. Sagan gave a presentation regarding the noxious weed buckthorn and the methods for removal. He stated some cities have purchased a Weed Wrench for rental use to its residents. He stated he has tried many ways to eliminate it and feels people are not aware of how bad the weed is to the environment. He stated he has contacted the county, the city, and even done mailings to residents and would like to see a more proactive approach to eradicate the weed. Mr. Sagan would like the Council to designate the last Saturday in October as Elk River Buckthorn Day. He stated he would like to see volunteers get together in the woodlands/parklands and work on removing the weed. Mayor Klinzing suggested having the city's weed inspector work on this project. She suggested an educational campaign and would like to see a report of what is being done by the city. She also suggested staff look into purchasing the Weed Wrench. Ms. Johnson stated she would discuss the matter with Assistant Weed Inspector Phil Hals and noted the city could put information on its website and in the newsletter. Page 2 • • A citizen stated he worked with the DNR and provided contact information to Sue Birks, the invasive species specialist for advice and potential grant sources. • City Council Minutes Page 3 November 19, 2007 5.3. Authorization to Advertise for Bids for Ice Resurfacer • Mr. Czech presented his staff report. Mr. Simon reviewed the bidding timeline. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO AUTHORIZE THE ADVERTISEMENT OF BIDS FOR AN ICE RESURFACER. MOTION CARRIED 5-0. 6.1. Consider Use Again Clothing Recycling Pro ram Ms. Blake-Bradley presented her staff report. Councilmember Moon stated he liked the concept but had concerns with the look of the containers. He stated he noticed a similar bin overflowing at Wal-Mart. He questioned if the bins would be more suitably located in front of Goodwill or Salvation Army. He further questioned how the company was handling its communications. Janis Bosric, COO and Company President-Stated the Wal-Mart bin has been out for three weeks and they are trying to determine its usage. She felt the bins in front of Goodwill would be confusing and people may think they belong to Goodwill. Ms. Bostic stated they could do some press releases but had concerns with their budget. She stated the company does pay per pound fee to entities that have the bins. Mayor Klinzing stated it is a good program but expressed concerns regarding the location of these bins and their colors. Councilmember Motin questioned if the bins are an allowed use in the city. Mr. Beck stated the city should look at addressing this concern via ordinance. He suggested bringing it back to Council for discussion after a staff review. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE FIVE BINS AT CITY FACILITIES WITH STAFF TO REPORT BACK IN THREE MONTHS WITH AN UPDATE. MOTION CARRIED 4-1. Councilmember Zerwas opposed. 6.2. Approval of Loading Assessment Non-degradation Report and Outstanding Resource Value Water Reports Ms. Haug presented her staff report. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE ELK RIVER'S LOADING ASSESSMENT, NONDEGRADATION AND OUTSTANDING RESOURCE VALUE WATER REPORT. MOTION CARRIED 5-0. City Council Minutes Page 4 November 19, 2007 ----------------------------- 6.3. Ordinance Approving Zone Change Request by Tiller Corporation to Add Certain Property Currently Zoned R1a (Single-Family Residential) the Overlay Zone ME ~Vlixieral Excavation Overlay). Public Hearing-Case No. ZC 07-05 Ms. Haug presented her staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILEMBER FARBER TO ADOPT ORDINANCE 07-17 AMENDING THE CITY OF ELK RNER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 07-05 BASED ON THE FOLLOWING FINDINGS: 1. THE REQUEST IS CONSISTENT WITH ADJACENT ZONING LAND USES. 2. THE USE IS CONSISTENT WITH THE ZONING. 3. THE ZONING IS CONSISTENT WITH THE LAND USE. MOTION CARRIED 5-0. 6.4. Ordinance to Approve Zone Change Request by City of Elk River to Rezone Certain Property from R1a (Single Family Residential and Al Agricultural Conservations to CRT (Commercial Reserve Transitional-Public Hearings Case No. ZC 07-06 Mr. Barnhart presented his staff report noting the tax implications due to zoning, future planning, etc. Mayor Klinzing opened the public hearing. Dale Cazett, 11452 Brook Road-Questioned how the city decided to .draw its boundary lines for the transitional zone and why 207th Avenue wasn't included. Mr. Barnhart stated that the Comprehensive Plan guides the area for commercial reserve. Mayor Klinzing further stated that property owners to the south have started a petition to rezone their properties. Don Lemmon, 11369 Brook Road-Stated he is opposed to the transitional overlay because it would be too difficult to sell his house. Richard Toth, 1714 Maple Court, St. Cloud-Stated after hearing that property taxes wouldn't change as long as the current zoning on the property doesn't change he was okay with the transitional overlay. Frank Hall, 11246 Brook Road-Stated concerns with the overlay zone and how it will affect the selling of his home. Jeff Scherber, 260 Calamus Circle, Medina-Stated he would like the city to be flexible when it plans the development of this area and would like to see the tree buffer maintained. • • • City Council Minutes Page 5 November 19, 2007 Mike Ziegler, 11469 193 Avenue-Stated he hopes the city will be open to a commercial • plan with some mixed use residential. A resident commented he would like an amendment in the ordinance that would guarantee protection of the .land owners against any tax increases. Mr. Beck stated the city is not in control of property values and could not add such an amendment. He noted property taxes could change dependent upon the real estate market for the area. Marvin Thibodeau, 11412 Brook Road-Questioned if he could still build a pole barn on his property. Mr. Barnhart stated he would have to get back to Mr. Thibodeau regarding the exact requirements for an accessory structure on his property. He noted that largely the zoning regulations would not impact accessory structures for regular lots. Kathleen Bower, Bend Oregon (owns land on CR 33) -Questioned what would be happening to the land just south of CR 33. Mayor Klinzing stated the parcel is not part of the land being considered for the transitional overlay zone. Mayor Klinzing closed the public hearing. Councilmember Motin stated he would like to make sure the city is careful with the planning of this area. He stated landowners and developers should be part of the planning process. He is concerned about having a taskforce that involves across-section of the public and would like to see more from the large developers and the affected landowners prior to community discussion. Mayor Klinzing concurred. She further stated the City Council needs to participate in this process. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 07-18 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, Ct~SE NO. ZC 07-06 BASED ON THE FOLLOWING FINDING: 1. THE REZONING IS CONSISTENT WITH THE CITY OF ELK RIVER LAND USE MAP ADOPTED AS PART OF THE CITY OF ELK RIVER COMPREHENSIVE PLAN. MOTION CARRIED 5-0. 6.5. Ordinance Amendment Reduest by City of Elk River to Section 30 1583 of the Code of Ordinances Relating to: Commercial Reserve-Public Hearing, Case No OA 0713 Mr. Barnhart suggested that this item be remanded back to the Planning Commission. He • stated this item was tied to item 6.4. as part of his discussion when it went to the City Council Minutes Page 6 November 19, 2007 Commission and didn't get the attention it needed due to issues residents had to the • rezoning for Item 6.4. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO REMAND THIS ITEM BACK TO THE PLANNING COMMISSION FOR DISCUSSION. MOTION CARRIED 5-0. Mayor Klinzing stated the public hearing for this item has been continued to December 17, 2007. 7.1 Consider Currency Exchange License Renewal for Wal-Mart, Public HearinP Ms. Allard presented her staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A CURRENCY EXCHANGE LICENSE RENEWAL FOR 2008 FOR WAL-MART STORES, INC. AT 18185 ZANE STREET. MOTION CARRIED 5-0. 7.2. Discussion on Proposed Changes to 2008 Fee Schedule Ms. Allard presented her staff report. The Council suggested some minor changes to the fee schedule. Councilmember Farber stated he would like to see the $20 Park Facility Use Fee for residents removed. He stated anyone can go to the park and use a shelter without having to pay a fee so why should some residents pay for the use. Ms. Johnson stated there is no guarantee a resident will get a shelter if they don't reserve it. She stated she will check with Parks & Recreation Director Bill Maertz on the effectiveness of charging the fee and whether enforcement is being used to guarantee citizens are able to use the facilities when they reserve them. 8. Other Business There was no Other Business. 9. Council Updates There were no Council Updates. 10. Staff Updates Ice Arena O~ice Assistant Position Ms. Johnson noted that Shari Peterson moved to Wisconsin and has resigned from the office assistant position and requested authorization to advertise for the vacancy. r City Council Minutes November 19, 2007 Page 7 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE THE ADVERTISING FOR THE ICE ARENA OFFICE ASSISTANT POSITIbN. MOTION CARRIED 5-0. Alcohol Comj~liance Check,.r Ms. Johnson noted there were five failed compliance checks and that Ms. Allard would be sending notices to each business. Counczl Retreat Ms. Johnson stated she has been working with a couple of facilitators on setting up the Council retreat and suggested utilizing the services of Rusty Fifield because the Council has worked with him in the past. She stated Mr. Fifield would like to have 2-3 worksessions lasting about 3-4 hours each. She stated the cost is estimated at under $5,000. Councilmember Farber stated he has mixed feelings about breaking up the sessions and would like them to be held offsite. Ms. Johnson stated the sessions would be held locally but not at City Hall. Mayor Klinzing stated these sessions should help the Council in selecting the criteria for a new community development director. Councilmember Motin stated it would be good to break up the sessions but felt that the Council may need to consider a lengthier set-up meeting. He expressed concerns with Mr. Fifield and felt that when he worked with the city on the Comprehensive Plan he acted more • as a leader rather than a facilitator. He would like the facilitator to guide the discussion and not push in a specific direction. There was discussion on the meeting dates and Ms. Johnson will work with Mr. Fifield and the Council on dates that work for everyone. The Council adjourned to worksession at 8:25 p.m. 11. ADJOURN TO WORKSESSION-Upper Town Conference Room The Council reconvened at 8:30 p.m. 11.1. Direction on Polic~Questions Related to Signa~e on Public Property Ms. Carmey reviewed her staff report. Question 7 Councilmember Farber would like to see signs in right-of--ways picked up more often. It was suggested to leave Section (7) e as is, but to have enforcement increased for picking up non-compliant signs. • City Council Minutes Page 8 November 19, 2007 Question 2 • Councilmember Motin expressed concerns with certain corners having signs on them everyday. He expressed concerns with clutter at major intersections. He questioned the fairness of allowing non-profit signs at major intersections but not businesses. Mayor Klinzing stated businesses would most likely not allow anon-profit to advertise if the signs were counted against the business property's sign count for the year. Councilmember Motin noted that most non-profits have more than three signs during an event. Mr. Barnhart suggested allowing non-profits for a certain amount of time and to not count it against the business unless the non-profit sign was to stay up past the time limit. He stated the goal is to encourage other forms of advertising. Question 3 Ms. Johnson stated the intent of Council for Section (7)d was to allow certain kinds of signs on city property for community events but the city didn't want to be affiliated as the sponsor of the event due to liability issues. Councilmember Motin questioned if there would be legal issues if the city allows for one event but not another, such as church events. Mr. Beck stated it would be okay as long as there is a rational basis for distinction. • Mr. Barnhart stated staff will work on a policy with Council to determine what qualifies as a community event. 11.2 Cluster Ordinance Discussion Mayor Klinzing stated she asked for a review if this ordinance due to the properties that will soon have the opportunity to become 2'/z acre lots in 2008. She is concerned about preserving natural resources north of the city and would like to see more incentives offered to developers for utilizing the cluster ordinance. She stated it would provide better regulation through the use of community septic systems. She questioned if the Council wants the cluster ordinance to be used more and if they should be doing. something to make it more appealing to developers. Councilmember Motin stated he would like to see the cluster ordinance utilized more often and is unsure of the success of past developments. He stated concerns with the city not seeing benefits from these developments. Councilmember Motin questioned why unusable land should qualify for density bonuses to developers. He questioned if the cluster has to be automatic or can it City Council review and make comment. He stated concerns with some developments not meeting design standards. Mayor Klinzing stated if the project is not economical and beneficial for developers, they won't use the cluster ordinance. • City Council Minutes November 19, 2007 Page 9 Mr. Beck stated the city doesn't have to accept a plat as it is presented and there are parameters in the ordinance in which the Council could work. He stated the plat would have to be approved in some form, but if the Council required certain changes, the developer would have to follow per the ordinance. He stated if a developer didn't' like it, they could go back to standard zoning. He suggested staff draft the ordinance to better address architectural and design controls. Mayor Klinzing stated there is an unknown factor on how these incentives play out Mr. Beck noted that the cluster ordinance hasn't been used and suggested going to the marketplace for research and answers. Councilmember Moon was okay with reviewing this but wasn't sure about giving more incentives. He stated he would like to see more of a balance for incentives to developers and the city. Councilmember Motin stated the Council should review the tree ordinance and try to fit it into the cluster ordinance. Ms. Johnson noted the Natural Resource Inventory would be part of the Council retreat discussion. Councilmember Motin stated he would be meeting with Livonia Township to discuss a joint planning board. He questioned if the Council wanted to get involved with establishing a joint board. The Council suggested moving forward with meeting with Livonia to gauge their interest. 12. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:10 p.m. ,- ~,, Tina Allard Ciry Clerk ~~