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03-19-2007 CC MIN . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MARCH 19, 2007 Members Present: Mayor Klinzing, Counci1members Gumphrey, Motin, and Zerwas Members Absent: Counci1member Farber Staff Pres en t: City Administrator Lon Johnson, Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, City Engineer Terry Maurer, Street Superintendent Phil Hals, Finance Director Tim Simon, andRecording Secretary Jessica Nfiller Also Present: Planning Commissioner Dana Anderson 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 03/19/2007 Agenda Ms. Johnson requested that "YMCA construction manager request" be discussed under other business. . 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 COUNCILMEMJ3ER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: . 3.1 CHECK REGISTER. 3.2. PAY ESTIMATES. 3.3. MASSAGE THERAPIST UCENSE FOR MAREN SCHOENBORN, MOES THERAPUTIC MASSAGE CONTINGENT UPON RECEIPT OF DIPLOMA AND TRANSCRIPT. 3.4. REQUEST BY TILLER CORPORATION FOR CONDITIONAL USE PERMIT TO AMEND EXISTING PERMIT HOURS OF OPERATION, CASE NO. CU 07-08. 3.5. REQUEST BY UNDER'S GREENHOUSES, INC. FOR A GENERAL PLANNING PERMIT FOR TEMPORARY GREENHOUSE, CASE NO. GP 07-03. 3.6. REQUEST BY CUB FOODS FOR GENERAL PLANNING PERMIT FOR TEMPORARY GREENHOUSE, CASE NO. GP 07-04. 3.7. RESOLUTION 07-36 AUTHORIZING PARTICIPATION IN THE SHERBURNE COUNTY ECONOMIC DEVELOPMENT AUTHORITY. City COWlcil :rvrinutes March 19, 2007 Page 2 3.8. REQUEST TO EXTEND RECORDING OF HERITAGE MAPLES FINAL PLAT. 3.9. CODE ENFORCEMENT: NON-PERMITTED HOME OCCUPATION. . MOTION CARRIED 4-0. 4. Open Mike Noone appeared for Open Mike. 5.1. Pavement Management Program 2007 rpeerfield). Public Hearing A. Resolution Adopting Final Assessment Roll B. Resolution Accepting Bid and Authorizing Execution of Contract City Engineer Terry Maurer reviewed a PowerPoint explaining the proposed street/storm drainage improvements to the Deerfield 3rd Addition. Mr. Maurer provided an analysis of a 4-foot sidewalk versus a 6-foot sidewalk. Mr. Maurer explained that 11 competitive bids were received. He stated that because the bids came in under the estimated amount, staff is recommending that the assessment rate to the homeowners be reduced from $6,650 to $6,500 per unit (this is the 2006 street assessment rate.) He stated that if the Council approves this reduction, new assessment notices will be mailed to the property owners. . Mr. Maurer reviewed the 429 appeal process. He explained a homeowner must submit a written objection at or before the assessment hearing in order to preserve their nght to appeal the assessment and that simply voicing an objection at a public hearing is not sufficient. Mr. Maurer reviewed the proposed project schedule. Mayor Klinzing opened the public hearing. Doug Gale, 11216 192nd Avenue - indicated that his onginals concerns centered over a sidewalk being placed on his side of the street which would cause him to lose 12-feet of property including mature vegetation. He stated that the reasoning behind which side of the street was chosen for the sidewalks has been explained by engineering staff and that he understands. He questioned the necessity for sidewalks at all. He explained that safety issues had been sited as a reason and indicated that in the seven years he has lived there he hasn't expenenced a need for the sidewalks. Mayor Klinzing clarified that all of the proposed sidewalks would be constructed using existing city right-of-way. Jeff Knutson, 11344 Elk Lane - questioned the need for sidewalks and the need for sidewalks on his side of the street. Eric Nathe, 11241192ndAvenue - stated that the sidewalks are not proposed to be on his side of the street but he still doesn't believe they should be included as part of this project. He stated that he doesn't believe the Council is taking into account what the community wants. He noted that a petition was presented to the Council with approximately 144 signatures of property owners against the installation of sidewalks. He stated that if sidewalks are included as part of the project, he would like to see them next . . . . City COWlcil :rvrinutes March 19, 2007 Page 3 to the road without a boulevard and he would like the city to be responsible for plowing them. Mayor Klinzing indicated that the city has a policy on which sidewalks they plow and which sidewalks the property owners are responsible for clearing. Mr. Maurer stated that as a rule, snow removal on neighborhood sidewalks that benefit the neighborhood is the responsibility of the property owners and that snow removal on sidewalks on collector roads, trails, and sidewalks that lead to points of interest is the responsibility of the city. Cherie Tobias, 11048 192nd Court NW - explained that sidewalks are not proposed on her road but she is still against them being included as part of this project. She stated that the safety concern has to do with children on bicycles and that if something need to be installed, she would rather see it be a bike path. Mayor Klinzing closed the public hearing. Counci1member Motin questioned the placement of sidewalks on the south side of the 192nd area when the road would need to be shifted. Mr. Maurer explained that the driveways on the north are steep and installing sidewalks on that side of the street would make them steeper. Councilmember Motin clarified the recommendation for the sidewalks to be installed with a boulevard and not adjacent to the street. Mr. Maurer explained snow removal issues with having the sidewalks adjacent to the street. Councilmember Gumphrey questioned the cost savings if the sidewalks were removed from the project and if the project would need to be rebid if sidewalks are excluded. Mr. Maurer explained that the cost of the sidewalk construction is about $100,000 and that the contract allows for the sidewalk construction to be removed without rebidding the project. Counci1member Motin noted that the amount assessed to each property will not be reduced if the sidewalks are removed from the project. He stated that the city is funding approximately 2/3 of the project and the city would benefit from the reduction in costs if the sidewalks are removed. Councilmember Zerwas stated that it may be hard to force sidewalks on a development that doesn't want them but that if they are necessary he would like to see them adjacent to the street. Mayor Klinzing indicated that she believes the sidewalk would be a benefit to the homeowners. She stated that she has heard from people who believed that the elimination of sidewalks would reduce their assessment and now that they know it will not they may have changed their minds about wanting sidewalks. She stated that she would like to see those people given another opportunity to voice their opinions. Councilmember Motin explained that he is not interested in eliminating sidewalks but he believes they should be placed adjacent to the street. Mayor Klinzing concurred that the impact of the sidewalks would be minimized if they were placed next to the street. Councilmember Gumphrey indicated he is interested in moving forward with this project and that he agrees that sidewalks should be adjacent to the road. City Council :rvrinutes March 19, 2007 Page 4 Mr. Maurer stated that staff will be mailing two additional notices to property owners and that information regarding the Council's decision could be sent with one of them. . Mayor Klinzing reminded residents that this is their last chance to submit a written assessment objection to the Council. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-37 ADOPTING THE FINAL ASSESSMENT ROLL IN THE MATTER OF THE DEERFIELD 3RD ADDITION STREET jSTORM DRAINAGE RECONSTRUCTION IMPROVEMENT OF 2007 AT $6,500 PER RESIDENTIAL UNIT. MOTION CARRIED 4-0. Additional discussion took place on the sidewalks. Mr. Maurer noted that the -Council can award the contract with the condition that a decision on the sidewalks will be made on a later date. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT THE RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE DEERFIELD 3RD ADDITION STREET jSTORM DRAINAGE RECONSTRUCTION IMPROVEMENT OF 2007 WITH DIRECTION FOR THE SIDEWALKS TO BE PLACED ADJACENT TO THE STREET. MOTION FAILED 2-2. Mayor Klinzing and Councilmember Zerwas opposed. . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-38 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN Tl-lE MATTER OF THE DEERFIELD 3RD ADDITION STREET jSTORM DRAINAGE RECONSTRUCTION IMPROVEMENT OF 2007 WITH THE DECISION ON WHETHER OR NOT TO INCLUDE SIDEWALKS BEING MADE AT A FUTURE MEETING. MOTION CARRIED 4-0. Ms. Johnson noted that follow~up meeting information will be posted on the city's website. 5.2. Request by Raymond Renner A. Simple Plat. Case No. P 07-03. Public Hearing B. Easement Vacation. Case No. EV 07-01. Public Hearing Senior Planner Sheila Cartney reviewed the applicant's request for a simple plat and easement vacation. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 07-39 GRANTING FINAL PLAT APPROVAL FOR RENNER THIRD ADDITION, CASE NO. P 07-03 WITH THE FOLLOWING CONDITIONS: . . . . City COWlcil :rvrinutes March 19, 2007 Page 5 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED FEBRUARY 28, 2007 SHALL BE ADDRESSED. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE RESIDENTS. IN ADDITION TO THE EASEMENTS SHOWN ON THE PRELIMINARY PLAT, THE FOLLOWING EASEMENTS SHALL BE PROVIDED: A. TRAIL EASEMENT -10-FOOT TRAIL EASEMENT ALONG THE ENTIRE LENGTH OF JARVIS STREET, AS IT JOINS THE SUBJECT PLAT. B. A 10-FOOT DRAINAGE AND UTILITY EASEMENT BE PROVIDED ALONG THE FRONTAGE OF OUTLOT A. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING MANNER: CASH DEDICATION FOR 3.92 ACRES AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. 2. 3. 4. 5. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-40 VACATING THE STREET, DRAINAGE, AND UTILITY EASEMENTS BY RAYMOND RENNER, CASE NO. EV 07-01 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED FEBRUARY 28, 2007 SHALL BE ADDRESSED. 2. EASEMENTS SHALL BE VACATED AS SHOWN ON EXHIBIT A ANDB. MOTION CARRIED 4-0. 5.3. Request by Mississippi Ridge. LLC to Amend PUD for Mississippi Ridge-Signs. Case No. S:>A 07-03. Public Hearing Senior Planner Sheila Cartney reviewed the request by Mississippi Ridge, LLC to amend their PUD for Mississippi Ridge signs. Ms. Cartney explained that the moratonum recently approved by the City Council prohibits the issuance of building permits for new or existing advertising signs and electronic changeable copy as defined by the Elk River Code of Ordinances. She stated that the proposed sign is considered an advertising sign by defInition (off premise sign for Lot 4) and has changeable copy proposed. She stated that due to this issue, staff and the Planning Commission are recommending denial of the PUD amendment due to the current moratorium in place. Ms. Cartney reviewed staffs alternative to the proposal. City COWlcil :rvrinutes March 19, 2007 Page 6 Mayor Klinzing opened the public hearing. . Steve Rohlf, Mississippi Ridge, LLC - explained the request. He stated that he would like the Council to take into consideration that the sign application was submitted pnor to the moratonum being approved. Peter Masterson, VP Marketing and Business Greater MN Credit Union - indicated that the credit union will use the reader board to display such things as time, temperature, and community happenings and that no animation will be used. Brent Richter, 17107 Yale Street, President Mississippi Ridge Townhome Association - indicated that he believes the sign is aesthetically pleasing and that the homeowners are concerned with the saleability of Lot 4 if signage from the highway is not allowed. Kathleen Raivala, 17201 Yale Street, VP Mississippi Ridge Townhome Association - stated that she is also concerned about the salebaility of Lot 4 if not given highway signage. She stated that the property owners are pleased with the sign as proposed. Dana Anderson, Planning Commissioner - provided background information that led to the Planning Commission's decision to recommend denial of this request. He stated that the Planning Commission had no concerns with the sign itself but based on recent discussions with the Planning Commission regarding sticking to the PUD standards, they were unable to support this request. Mayor Klinzing closed the public hearing. . Discussion took place on the intent and Council interpretation of the moratonum. Mr. Rohlf indicated that he understands the moratonum includes changeable copy and at the very least, he would like the Council to approve the sign request and the reader board could be addressed once the moratonum has been lifted. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE PUD AMENDMENT TO INCLUDE A 24-FOOT HIGH SIGN EXCLUDING THE READER BOARD AND THE OFF SITE SIGNAGE FOR LOT 4. Discussion took place regarding the sign for Lot 4 being ruled as an "area identification sign" . Counci1member Motin withdrew his previous motion and offered the following motion: MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE REQUEST BY MISSISSIPPI RIDGE, LtC TO AMEND THE PUD AS ILLUSTRATED FOR MISSISSIPPI RIDGE SIGNS, CASE NO. OA 07-03, ALLOWING A 24-FOOT HIGH PROJECT IDENTIFICATION SIGN AS ILLUSTRATED EXCLUDING THE CHANGEABLE COPY AT THIS TIME DUE TO THE CURRENT MORATORIUM. MOTION CARRIED 4-0. . . . . City COWlcil :rvrinutes March 19, 2007 Page 7 5.4. Request by Sportech for Administrative Subdivision. Case No. AS 07-03. Public Hearing - postponed to 4/16/07 Planning Manager Jeremy Barnhart indicated that Sportech requested an administrative subdivision for their previously platted property. He explained that because an administrative subdivision may not be approved for previously platted property, staff is working with Sportech to come up with the proper process, which may result in a formal rezoning and final plat review. He asked that the public hearing be continued to April 16, 2007 at which time the public hearing will either be held or cancelled. Mayor Klinzing opened the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO CONTINUE THE PUBLIC HEARING FOR THE REQUEST BY SPORTECH FOR AN ADMINISTRATIVE SUBDIVISION TO APRIL 16, 2007. MOTION CARRIED 4-0. 6.1. Consider Motor Grader Bids and Other Equipment Purchases Street Superintendent Phil Hals indicated that the capital outlay portion of the 2007 general fund budget identifies $185,150 for the purchase of Street Department equipment. Mr. Hals outlined his requests as well as the bid results for the motor grader. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE THE FOLLOWING STREET DEPARTMENT EQUIPMENT PURCHASES: · NEW MOTOR GRADER FROM SWEENEY BROTHERS, INC. - $113,529 · ROADSIDE FLAIL MOWER FROM DIAMOND MOWERS, INC. - $7,375.13 · FORD F550 TRUCK CAB AND CHASSIS FROM ELK RIVER FORD - $35,987.40 · DUMP BOX, SNOW PLOW, AND SANDER FOR THE F550 FOR AN AMOUNT NOT TO EXCEED $28,207.70. MOTION CARRIED 4-0. 7. Other Business YMCA Construction Manager Request City Administrator Lon Johnson stated that pnor discussions have taken place regarding hiring of a construction manager but that the Council decided at that time not to proceed with that option. Ms. Johnson explained that at that time an alternate option was proposed but that staff was waiting for information from the City of Eden Prairie regarding this process. She outlined the process explaining that the only changes are that once the bids have been awarded by the city they are assigned to a construction manager and the city works with the construction manager to set a maximum price for construction. She indicated that attorney and staff are confident that the alternate process would meet the bid requirements. City COWlcil :rvrinutes March 19, 2007 Page 8 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO RESCIND HIS PREVIOUS MOTION MADE ON FEBRUARY 5, 2007 TO HIRE A GENERAL CONTRACTOR. MOTION CARRIED 4-0. . MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO DIRECT STAFF TO WORK WITH THE YMCA TO GO OUT FOR REQUEST FOR PROPOSALS FOR A CONSTRUCTION MANAGER AT -RISK. MOTION CARRIED 4-0. Ms. Johnson indicated that once RFPs are received, an interview process will be held in which the Council may wish to have representation on the interview panel. Ms. Johnson indicated that the architect is requesting that the city hire RJM to get a cost/ analysis estimate for the YMCA project. Ms. Johnson stated that the cost for this estimate is approximately $1,500 and the YMCA feels it is essential to obtain this estimate pnor to proceeding with the project to ensure that the current proposed YMCA project is within budget. Counci1member Motin expressed concerns with the project being downsized pnor to obtaining bids for the project. Counci1member Zerwas expressed concerns with spending $1,500 to double-check the YMCA's onginal budget information. Anita Lancello-Bydlon, Vice President of New Development YMCA - indicated that the difference in the budget has to do with changes in the proposed building size between the YMCA. She indicated that it is essential to see if the current proposed project is within budget pnor to beginning construction. . MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE STAFF TO CONTRACT WITH RJM TO OBTAIN A YMCA SPACE/COST ANALYSIS AT A COST OF $1,500.00. MOTION CARRIED 4-0. 8. Council Updates There were no council updates. 9. Staff Updates 9.1. Board/ Commission Update City Administrator Lon Johnson indicated that the board and commission interviews had tentatively been scheduled for April 9 but due to the length of the worksession agenda, it is proposed that the interviews be held April 2, 2007. The Council consensus was to hold the board and commission interviews on April 2, 2007 and to interview all applicants. Ms. Johnson reminded the Council that the annual report meeting is scheduled for Wednesday, March 28, 2007 at 6:30 p.m. . . . . City COWlcil :rvrinutes March 19, 2007 Page 9 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:40 p.m. Minutes prepared by Jessica er. /1 / // I ~// I ....-"""'"~./ ;' I Tina Allard City Clerk