05-14-2007 CC MIN
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE CITY OF ELK RIVER (UPPER TOWN CONFERENCE ROOM)
MONDAY, MAY 14,2007
Members Present:
Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and Gumphrey
Members Absent:
None
Staff Present:
City Administrator Lori Johnson, Finance Director Tim Simon, Police
Chief Jeff Beahen, Street Superintendent Phil I-Ials, Community
Development Director Scott Clark, Planning Manager Jeremy Barnhart,
Senior Planner Sheila Cartney, Parks and Recreation Director Bill Maertz,
Director of Economic Development Catherine Mehelich, and Recording
Secretary Jessica :rvliller
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 7:05 p.m. by Mayor I<::.Jjnzing.
2. Consider Council Agenda
Item 5.3.B. was removed from the agenda.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED.
MOTION CARRIED 5-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1. TRANSIENT MERCHANT LICENSE - BRITT CUSHMAN, PINNACLE
SECURITY CONTINGENT UPON SUCCESSFUL BACKGROUND
CHECK
3.2. CONSUMPTION AND DISPLAY PERMIT - WAPITI PARK
CAMPGROUND
3.3.A. GENERAL PLANNING PERMIT FOR TEMPORARY FIREWORKS
LICENSE IN A 30'X50' TENT IN THE MENARDS PARKING LOT
WITH THE FOLLOWING CONDITIONS:
1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
2. ALL APPLICABLE FIRE CODES SHALL BE MET.
3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE, THE SALES AREA SHALL BE DELINEATED WITH A
BARRIER TO RESTRICT TRAFFIC.
4. THE SALES TENT BE MAINTAINED FREE OF DEBRIS AND
KEPT IN AN ORDERLY CONDITION.
City Council Minutes
May 14, 2007
Page 2
5. THE LOCATION OF THE TENT IS CONSISTENT WITH THE
SUBMITTED SITE PLAN.
6. THE TENT AREA BE REMOVED BY JULY 11, 2007 AND THE SITE
RETURNED TO ITS PREVIOUS CONDITION.
3.3.B. TEMPORARY SALES/STORAGE OF FIREWORKS LICENSE TO
QUENTIN NELSON, TNT FIREWORKS TO ALLOW TENT
FIREWORKS SALES FROM MENARDS JUNE 20-JUL Y 4,2007.
3.4. PROCLAMATION - MAY 1,2007 THROUGH JUNE 14, 2007
PROCLAIMED AS NATIONAL MILITARY APPRECIATION MONTH.
3.5. RESOLUTION 07-50 APPOINTING CITY CLERK TINA ALLARD AS
THE DIRECTOR AND CITY ADMINISTRATOR LORI JOHNSON AS
ALTERNATE DIRECTOR TO THE SHERBURNE/WRIGHT COUNTY
CABLE COMMUNICATION COMMISSION II FOR THE
ADMINISTRATION OF CABLE COMMUNICATIONS SYSTEMS.
3.6. AUTHORIZATION TO ADVERTISE FOR POLICE DEPARTMENT
RECEPTIONIST.
3.7. PURCHASE OF FORFEITURE VEHICLE TO BE USED AS THIRD
UNMARKED VEHICLE.
MOTION CARRIED 5-0.
4. Open Mike
No one appeared for open mike.
5.1. Otselro Fire Services
Fire Chief Bruce West indicated that the City of Otsego currendy contracts with the Elk
River Fire Department to provide about two-thirds of the fIre service for Otsego. Chief
West stated that he met with Otsego city offIcials last week ro get an idea of their vision for
future fue services. He indicated that Otsego would like to build a fIre station within the
next fIve years which would operate as an additional satellite station for Elk River. Chief
West stated that he reviewed cost estimates with the Otsego Finance Director. Chief West
explained that a Joint Powers Agreement would be required to outline the details on what
each city is responsible for.
Chief West stated that the Elk River Fire Department currendy conducts the fire inspections
for the City of Otsego up until a Certificate of Occupancy is issued. He stated that they
would like to conduct additional inspections on existing commercial and industrial buildings.
At this time, the fire inspector's schedules do not allow for additional fire inspections. He
explained that he has had discussions with Otsego regarding Elk River hiring an additional
fue inspector to conduct fire inspections for the entire City of Otsego.
Discussion took place on the contracts and whether or not entering into such an agreement
is in the best interest of Elk River. Chief West explained that the contracts are very fair and
allow reimbursement for our staff time, capital items, and charges per call. He stated that
many communities have agreements similar to the one we have \.Vith Otsego. Ms. Johnson
explained that the "fair-share formula" is used which allows Elk River to recover all costs
incurred.
City Council Minutes
May 14, 2007
Page 3
5.2. Road Median Concepts and Streetscape Templates
Parks and Recreation Director Bill Maertz provided background on the road median
concepts and the streets cape templates.
Amy Bower, Hoisington Koigler Group, Inc. - presented the three streetscape alternatives
for Twin Lakes Parkway as well as the potential streetscape templates. Ms. Bower reviewed
the Main Street, River, and Refined Savannah concepts for Twin Lakes Parkway. The
Council reviewed the three concepts and it was the consensus of the Council that they
preferred Concep t B: River.
Mr. Maertz questioned if the Council is interested in staff coming back with corridor
standards. Council consensus was that they would like to see the concepts refined and
brought back. Discussion took place regarding adopting a separate set of standards for the
downtown area.
Councilmember Zerwas questioned if the cul-de-sac templates with the median would create
a hassle for the street department. Mr. Maertz indicated that he would work with Street
Superintendent Phil Hals and City Engineer Terry Maurer to come up with a design they are
comfortable with.
Councilmember Motin questioned if the standards would be applied only to public streets.
Mr. Maertz indicated that they would primarily be used for public streets but that staff would
like to work with Mn/DOT on an agreement to improve and maintain key intersections that
serve as gateways to Elk River. He noted that staff would also like to work with the county
to incorporate some of the elements of our standards into their projects.
Mr. Maertz indicated that discussions have taken place regarding refining the design on
Orono Parkway to incorporate one of the concepts while maintaining the ornamental
grasses. Councilmember Zerwas stated that he believes there is a place for prairie restoration
and that the medians are not the place.
It was the consensus of the Council for staff to bring back refined designs for Orono
Parkway at the May 21 meeting.
5.3.
5.3.A.
Community Development Items and Development Proposals
Possible Comprehensive Land Use Chang-e for Properties East ofTH169 North of 205"'
Senior Planner Sheila Cartney reviewed the request by Mark Ruttger, 11287 205'h Avenue
NW, for the City Council to provide direction on a Comprehensive Land Use change for his
property and neighboring properties. Ms. Cartney explained that Mr. Ruttger and some of
his neighbors would like the Commercial Reserve extended to include their homes and they
would like Council input prior to formal application. She stated that the property owners in
this area feel that their property would be easier to sell as commercial.
Councilmember Motin indicated that he would be willing to consider a land use amendment
for the area but not rezoning at this time. Councilmember Gumphrey agreed. He indicated
that he would like the neighbors to the north and the east notified and receive their input
prior to approving a land use change.
City Council }"1inutes
May 14, 2007
Page 4
Community Development Director Scott Clark mentioned that there can be financial issues
with obtaining residential loans on property zoned commercial. Staff will research this issue,
5,3,C, Spectrum High School Buildinl[ on Foster Property
Planning Manager Jeremy Barnhart indicated that the city has received a land use application
for an Interim Use Permit and lot split from Rick Foster to subdivide a portion of his
property on County Road 12 creating a lot for the future development of Spectrum High
School. Mr, Barnhart explained that Spectrum High School has outgrown its current site
within the Boys and Girls Club and is need of more permanent housing, Spectrum plans to
use modular, temporary buildings to continue their enrollment in preparation of being able
to bond funds for building a permanent high school in about three years, He stated that
Spectrum is under a tight timeline; therefore, staff and Spectrum felt it beneficial for the City
Council to review the application to allow time to address any issues,
John Abbott, Spectrum School Board Chair- explained that Spectrum is publicly funded
based on student enrollment He indicated that once enrollment reaches 275 students,
Spectrum can bond for funds and begin construction on a permanent building, Mr, Abbott
explained that until a permanent building can be built, Spectrum would like to use
temporary, modular buildings, He stated that these modular buildings are rated for 90 mph
winds and meet the intent of the International Building Code,
Ed Youngquist, Riverside Companies - reviewed the location of the proposed Spectrum
School site, He indicated that they will work with city staff to address any site issues that
arise.
Mayor Klinzing indicated that her only concern is the safety of the modular building,
Jim Qualley, Innovative Modular Solutions - explained that the modular buildings are built
to the International Building Code; the same codes used for commercial slab-on grade
buildings and are subject to the same inspections as other commercial buildings, He noted
that the modular building design criteria is to withstand 90 mph winds,
Mayor Klinzing questioned if the building construction would be paid for hy Spectrum High
School. Mr, Abbott explained that as a charter school, Spectrum cannot own the building,
He stated that a non-profit organization will own the building and Spectrum will lease it
through bond revenues,
5.3.D. Discussion on Berms
Councilmember Gumphrey indicated that he has concerns over what material is being
placed in large berms, He questioned how staff knows that there are not vehicles, machines,
etc. buried in some berms. Councilmember Farber indicated he also has concerns.
City Administrator Lori Johnson explained that the city has ordinances that outline the type
of materials that can be used for berm construction; however, no permit is required and no
inspection is completed on berms,
Councilmember Gumphrey stated that he would like to have berm construction inspected,
Planning Manager Jeremy Barnhart indicated that some berms are very small and may not
warrant an inspection. He questioned at what point and what size berm the Council would
like to see inspections.
City COWlcil Minutes
May 14, 2007
Page 5
It was the consensus of the Council to research other cities on berm parameters and
enforcement.
5.3.E. Authorize Carl Walker Ine. to Complete a Downtown Parking- Study
Director of Economic Development Catherine Mehelich stated that at the April 9 Council
meeting, staff was authorized to expedite the process for completing a study on the
feasibility of a downtown parking ramp. Ms. Mehelich explained that over the past month a
staff work group (Engineering, Planning, Community Development, and Finance) have
explored options for completing the study and met with two planning/ engineering fIrms
who handle parking ramps. She indicated that Carl Walker, Inc. and Vedi Associates were
chosen based on recommendations from other cities.
Ms. Mehelich explained that following a tour of the core downtown area, the fIrms outlined
the process they would recommend to identity current and future parking demands, identity
alternative parking solutions, and conduct a parking ramp analysis including timing, sizing,
issues, and estimated costs. She indicated that the proposals differed in their approach and
process for completing the analysis. She stated that staff recommends the approach by Carl
Walker, Inc. because it appears to best meet the city's goal and objectives in determining an
actual amount for current and future parking needs, identifying a series of alternative
solutions based on those needs, and their evaluation of appropriate timing, sizing, concept
options, planning, and costs associated with a future parking structure.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO AUTHORIZE CARL WALKER, INC. TO
COMPLETE A DOWNTOWN PARKING STUDY AS OUTLINED IN THEIR
PROPOSAL IN THE AMOUNT OF $22,100 TO BE PAID OUT OF THE CITY
CAPITAL PROJECTS ACCOUNT. MOTION CARRIED 5-0.
5.4. Private Roads in Townhome Developments
City Administrator Lori Johnson stated that the issue of maintenance and replacement of
private roads has come up in the past and the Council has decided that it was not in the
city's best interest to take over these roads. She indicated that this issue has been raised again
by Mayor Klinzing and staff would like Council direction if they would like to explore rhis
topic further. Ms. Johnson noted that she spoke with the gentleman interested in having the
city explore this issue and he is aware this item is on the agenda for tonight.
Ms. Johnson stated that there are approximately 3.2. miles of private roads in townhome
developments and 3.9. miles of gravel and commercial private roads.
Street Superintendent Phil Hals indicated that his biggest concerns are the costs and
employee time associated with signing, repairing, maintaining, and plowing the private roads.
Mayor Klinzing indicated that some townhome residents believe they are not receiving the
same benefIts as other city residents because their roads are not maintained by the city. She
stated that she would like to see the costs outlined so residents understand that with the
additional equipment and staff time necessary to take over the private roads it would not be
cost effective. Councilmember Farber noted that he would also like to see the benefIts of the
road remaining private outlined. He stated that if the roads are taken over by the city the
homeowners would be subject to assessments for street repairs just as other residents are
City Council:Lv:Unutes
May 14, 2007
Page 6
whereas if che association is responsible for the maintenance, they are in control of b.~e
riming and costs,
e
The condition of some of the private commercial roads in the city was discussed. It was
noted that complaints have been received on Carson Street and the road leading to LaRoses,
It was questioned whether or not the city has authority to force the property owner to repill
a private road, Commurtity Development Director Scott Clark indicated that the city has a
public nuisance ordinance that may provide this authority,
Ms, Johnson stated that staff will work on seeing that private drives in poor condition get
repaired. !vis. Johnson indicated that staff would like to proceed with signing all of the
private roads with a "Private Road" sign to clearly identify them. She stated that the
estimated cost for this is between $5,000 and $7,500. She indicated that this signage will
assist residents and city staff in identifying private roads in the city.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COliNCILMEMBER ZERWAS TO AUTHORIZE THE PURCHASE AND
INSTALLATION OF "PRIVATE ROAD" SIGNAGE. MOTION CARRIED 5-0.
5,5. Council Open Forum
The Council had no items for open forum.
6.
Other Business
e
There was no other business.
7, Council Updates
There were no council updates.
8. Staff Updates
There were no staff updates,
9. }"djoumment
There being no fw:ther business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 9:00 p.m.
Minutes prepared by Jessica er.
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- ( 0/,/1
TinaAJlard
City Clerk
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