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01-27-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JANUARY 27, 2003 Members Present: Members Absent: Staff Present: Mayor I4Jinzing (6:36 p.m.), Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, Director of Planning Michele McPherson, Fire Chief Bruce West, Senior Planner Scott Harlicker, City Attorney Charles Wilson, Building and Zoning Administrator Stephen Rohlf, Street/Park Superintendent Phil Hals, Assistant Street/Park Superintendent Mark Thompson, Park Foreman Terry Bye, Assistant Police Chief Jeff Beahen, Government Cable Producer Kristin Thomas and City Clerk Sandra Peine 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 Acting Mayor Kuester. Consider 1/27/2003 Agenda COUNCILMEMBER TVEITE MOVED TO APPROVE THE AGENDA. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda The following changes were noted on the consent agenda. Check Register - added three additional police cars for $66,429.81. 1/13/03 Minutes, "Meeting called to order by Acting Mayor Tveite." 1/21/03 Minutes, item 4.4 - The language in the 3 motions was changed to read as follows: Motion to amend section 2-232 (a) of the existing ordinance relating to the Park and Recreation Commission by changing the number of members from eight (8) to seven (7) and by deleting the last sentence of section (a) and replacing it with the following language: "it is expected that a preference be given to Elk River residents, but residency by itself shall not be a disqualification." Motion to amend section 2-212 of the existing ordinance relating to the Heritage Preservation Commission by deleting the language: "and must reside in the city," and replacing it with the following language: "it is expected that a preference be given to Elk River residents, but residency by itself shall not be a disqualification." City Council Minutes January 27, 2003 ............................. Page 2 5.1. Motion to amend section 2-251 (a) of the existing ordinance relating to the Ice Arena Commission by deleting the last sentence of section (a) and replacing it with the following language: "it is expected that a preference be given to Elk River residents, but residency by itself shall not be a disqualification." COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1.A. 3.1.B. 3.2. 3.3. · 3.5. 1/13/2003 CITY COUNCIL MINUTES 1/21/2003 CITY COUNCIL MINUTES CHECK REGISTER PAY ESTIMATES PAY ESTIMATE #4 TO JAY BROTHERS IN THE AMOUNT OF $5,807.71 FOR WORK ON ORONO PARKWAY PAY ESTIMATE #1 TO M&P UTILITIES IN THE AMOUNT OF $46,947.48 FOR WATERMAIN EXTENSION TO THE PUBLIC WORKS BUILDING PAY ESTIMATE #5 TO VARIOUS CONTRACTORS IN THE AMOUNT OF $583,195.42 FOR WORK ON THE PUBLIC SAFETY FACILITY PAY ESTIMATE #5 TO VARIOUS CONTRACTORS IN THE AMOUNT OF $234,671.53 FOR WORK ON THE CITY HALL EXPANSION SPECIAL ASSESSMENT REAPPORTIONMENTS FOR HILLSIDE ESTATES 8TM, PARCEL 75-127-1000 AND MARSHES OF TROTT BROOK FARMS, ARCEL 75-644-0003 TRANSIENT MERCHANT LICENSE FOR SHIRLEY MADLAND COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Open Mike No one appeared for open mike. Discussion of Tree Removal/Trimming Program in Public Right-of-Way Mayor I~inzing arrived at this time (6:36 p.m.). Street/Park Superintendent Phil Hals, Assistant Street/Park Superintendent Mark Thompson, and Park Foreman Terry Bye explained the city's existing brush and tree trimming policy. It was noted that the purpose of the policy is to provide safe roadways for pedestrians, motorists, and to aid in snow removal and mowing of roadways. Pictures were shown of existing trees that are located in the right-of-way and pose a potential safety hazard. It was noted that the existing policy that was recently adopted by the Council requires branches that encroach onto the roadway to be trimmed and trees planted within 10 feet of the right-of-way to be cut down. Mayor I~inzing indicated that petitions have been received from "Residents For Trees" requesting a policy change regarding the removal of trees within 10 feet of the road. City Council Minutes Page 3 January 27, 2003 ............................. Allan Wallace - 12516 Ridgewood Drive - indicated that the 10-foot rule would eliminate too many trees in the City. He suggested a policy that would take fewer trees. He also suggested basing the policy on actual obstruction of trees versus distance. Lou Pertl - 19796 Lowell St - Indicated that he has two trees marked to be cut. He stated that he endorses the City's policy in relation to safety; however, he would like to see more trees trimmed rather than removed. He suggested changing the blanket statement of the 10- foot rule. Greg Castagneri - 19764 Rush Street - Suggested trimming instead of cutting down the trees. Vicki Stevenson - 19850 Watson Cir - Talked about trees that have been marked to be cut down in the Ridgewood area. She indicated that the trees do not block the view. She further stated that the trees are a protection for vehicles that may go off the road, as the area is very steep. She suggested that oak wilt be considered when trimming or cutting trees. Ron Woeste - 19776 Gary Street - Indicated that he realizes that there are trees in the right-of-way that must be trimmed for safety purposes, but he is opposed to the 10-foot blanket policy. He indicated that there are pines on his lot marked for removal that he does not want removed. Thomas Kielty - 19856 Ironton St. - Talked about some trees located in an empty lot marked for cutting and indicated that he did not feel they needed to be removed. Phil Hals spoke about the need for removing trees for plowing purposes. He indicated that there is a need for about 5-feet beyond the blacktop for plowing purposes. Sharon Johnston - 13299 199th Ave - Questioned the speed of the trucks as they are plowing. She also questioned whether the trees would be replaced and indicated her concern about cutting the trees off at the stumps. She indicated some people will not be able to afford to completely remove the stumps. Mike Niziolek - Stated that 10 feet versus 5 feet would make a big difference in the number of trees removed. He requested that that the policy be changed from 10 feet to 5 feet. He also spoke about the canopy effect of trees and suggested planting trees that are conducive to canopies. The Council discussed the issue. It was noted that 5 feet would be better than 10 feet, however, a blanket rule of 5-feet would take away the option of discretion as to whether a tree really needs to be cut down. The Council suggested that the City try to be more selective in the removal of trees rather than automatically removing trees at 5 feet. Dan Schwark - 19785 Irving Street - indicated that some of the trees are a sound barrier for traffic along Highway 169. He indicated that safety should be the first consideration and suggested that tree removal be negotiated with residents directly on a case-by-case basis. A letter opposing the policy to cut trees from Gary Kfleis of 19815 Irving Street was submitted to the City Clerk for the record. City Council Minutes Page 4 January 27, 2003 ............................. The Council continued to discuss the issue. It was again noted that 5 feet is far better than 10 feet. The Council indicated that the City should look at the possibility of tree canopies. Mark Thompson indicated that the Street/Park Department would reconsider the policy and bring it back for Council review at a future Council meeting. The Council recessed at 7:37 p.m. and reconvened at 7:43 p.m. 5.2. Establishment of Citizen Corps Council and the Development of a Community Emergency Response Team Fire Chief Bruce West stated that he is requesting authorization to establish a City of Elk River Citizen Corps Council. He explained that a citizen corps council could coordinate citizen corps programs such as volunteers and police service, neighborhood watch, medical reserve corps, operation TIPS, and community emergency response teams at the local level. Chief West proceeded to explain the program. Chief West explained that after establishment of the Citizen Corps Council, the first task would be developing a community emergency response team. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 03-08 IN SUPPORT OF THE CITY OF ELK RIVER CITIZEN CORPS COUNCIL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Discussion Regarding Cable Assistant Position Pat Klaers City Administrator introduced this item. He noted that the Cable TV Department has been operating without a part time assistant for several months. He explained that the reason related to the previous assistant resigning. He indicated that staff budgeted for a full time position, which was approved for 2003, but has been unsuccessful in the ability to attract a part time person qualified for the position. He indicated that potential LGA cuts are forcing the issue of putting the full time budgeted position of Assistant Cable Producer on hold until the City knows the affect of the State budget deficit. Cable Producer Kristin Thomas addressed the Council. She reviewed the impacts that a full time assistant versus a part-time assistant versus not hiring an assistant would have on the budget and on the Cable Channel. She noted that a full time assistant would allow for the continued growth and development of the government access channel, a part time assistant would return the channel to its status prior to the resignation of the last assistant and not hiring anyone would allow only for core programming. The Council indicated its concerned about the channel not going backwards and the importance of communication. Following discussion it was the consensus not to cut the position of Assistant Cable Producer but to put it on hold until the City can determine how it will be affected by potential state aid cuts. 5.4. Update on Energ? City Grant Application for Planning Activity Associated with an East Elk River Development Project Mayor Klinzing indicated that Energy City has submitted a grant application for a project consisting of planning and design work on a proposed mixed housing, commercial, and City Council Minutes Page 5 January 27, 2003 ............................. institutional development project. Mayor ICJinzing indicated that the grant is for $75,000 and requires matching funds. She explained that the proposed project site is located in the East Elk River area. Councilmember Motin questioned exactly where the project is proposed and why the City Council or HRA have not been informed of the project up until now. Mayor ICJinzing stated that the project location is in the City of Elk River between County Road 12 and 31, east of C.R. 40. She further stated that the project is a grass roots project, however, there are members of the HRA and City Council that are either somewhat knowledgeable of, or involved in the project. Councilmember Dietz questioned the City's commitment to the project. Mayor Klinzing indicated that it is a private project on private property. Councilmember Tveite indicated that the Council should have been made aware of this so that it could have been mentioned in relation to the Comprehensive Plan update, especially as it relates to the urban service district. Councilmember Motin indicated a concern with leapfrogging. He indicated that he has severe reservations regarding the project; especially with the way it has been handled. 5.5. 2003 Budget Update The City Administrator updated the Council on the potential affect that possible LGA reductions could have on the city's 2003 budget. He indicated that he would not be authorizing attendance of national or out-of-state conferences at least until the legislative session is adjourned. He also noted that he has requested the Arts Alliance to come to the City Council for release of the $10,000, which has been budgeted. 5.6. Accept resignation of Police Officer Linda Ellingworth and Consider Authorization to Advertise for Police Officer Assistant Police Chief Jeff Beahen informed the Council that Officer Linda Ellingworth has submitted her resignation effective February 2, 2003. He also informed the Council that staff would be advertising to start the selection process for entry level police officer positions. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE RESIGNATION OF OFFICER LINDA ELLINGWORTH AND TO AUTHORIZE STAFF TO BEGIN THE SELECTION PROCESS. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 8:55 and moved to the Training Room for a worksession on Tree Preservation. The Council reconvened at 9:06. 5.7. Discuss Tree Preservation and Tree Ordinances Michele McPherson indicated that staff is requesting Council direction on changes to the proposed Tree Preservation and Tree Ordinances. She indicated that the Council has been provided with the proposed City Tree Preservation Ordinance, the Halpaus Tree Preservation Ordinance, the tree preservation ordinances of other cities and the proposed City Council Minutes Page 6 January 27, 2003 ............................. City Tree Ordinance. Ms. McPherson suggested that the Council focus its discussion on the following is sues: B. C. D. What should the tree preservation ordinance accomplish? What is the goal? Private property rights Budget/staffing issues Staff and Council discussed the issues and offered the following comments and suggestions pertaining to tree preservation. · The main issue relates to developers clear cutting trees on large parcels of private property · The possibility of exempting single-family lots that are not likely to be subdivided · Concern of enforcement of an ordinance with limited staff (no staffing additions in the near future) · Setting tree preservation standards on larger lots that could be incorporated in the subdivision ordinance and enforced through the building permits, grading permits, conditional use permits and/or plat approval · Inventory of trees on certain lands and in certain zones · The City setting an example by having a planned approach to trees on public property · Standards toward tree diseases · Stronger language in the subdivision ordinance to force developers to respect the topography of the lot so as to help with tree preservation · Construction management and best management practices Michele indicated that staff would review these suggestions and incorporate them into the next draft of the ordinance to be presented to the Council for review at a later date. 6. Other Business There was no other business. 7. Staff Updates There were no staff updates. 8. Ad}ournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:40 p.m. Sandra Peine City Clerk