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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. '1 - ( 0/,/1 TinaAJlard City Clerk e