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05-21-2007 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 21, 2007 Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Planner Chris Leeseberg, Parks and Recreation Director Bill Maertz, Finance Director Tim Simon, Police Chief Jeff Beahen, City Attorney Peter Beck, and City Clerk Tina Allard Also Present: Planning Commissioner Ryan Austad Parks and Recreation 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 6:35 p.m. by Mayor Klinzing. 2. Consider 5/21/2007 Agenda Item 3.7 and 3.8 were removed from the Consent agenda. Item 5.4 was moved to the beginning of the Administrative agenda. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 COUNCIL MINUTES . MAY 7, 2007 REGULAR . MAY 14, 2007 SPECIAL . MAY 14, 2007 JOINT CITY COUNCIL/SCHOOL BOARD 3.2. CHECK REGISTER 3.3. PAY ESTIMATES 3.4. RENEWAL OF RETAIL FIREWORKS LICENSE TO WAL-MART VALID THROUGH JUNE 5, 2008 3.5. RETAIL FIREWORKS LICENSE TO MENARDS VALID THROUGH MAY 21, 2008 3.6. TEMPORARY ON-SALE PREMISES EXTENSION TO THE FRATERNAL ORDER OF EAGLES FOR JUNE 2, 2007 MOTION CARRIED 5-0. City Council J\!inutes May 21, 2007, 2007 Page 2 4. Open Mike Noone appeared for Open Mike. 3.8. Consider Request by Councilmember Motin to Attend Land Law Seminar Councilmember Gumphrey stated he is interested in attending this seminar. It was Council consensus to open up the seminar to all Council and to let staff know if they wanted to attend. 5.4. Consider Approval of Contract with RIM Construction to be Construction Manager as Constructor for the YMCA Proiect Mr. Maertz reviewed the construction management service proposals for the YMCA project. Councilmember Gumphrey stated RJM is an established company who has done an excellent job on past projects. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE CONTRACT WITH RJM CONSTRUCTION TO BE CONSTRUCTION MANAGER AS CONSTRUCTOR FOR THE YMCA PROJECT. MOTION CARRIED 5.0. Councilmember Gumphrey left at 6:40 p.m. for a family emergency. 5.1. Prosecuting Services Update-William Hawkins & Associates Ms. Johnson introduced William Hawkins who was recendy contracted for the city's prosecuting services. Mr. Hawkins discussed his work history with other municipalities and introduced Attorney's Scott Bumgartner and David Fischer. He stated the transition has been smooth and noted there were some inefficiencies with scheduling through the Sherburne County court system. Councilmember Motin questioned the workload. Mr. Hawkins stated the volume was higher than he expected. 3.7. Request by ArtSoup to Place Temporat;y Signs on City Property Councilmember Motin stated concerns with the ArtSoup event being classified as a city function. He stated the city donated money to support the event but it is not technically a city function. He stated the city needs to come up with standards or specific events that would be allowed to have signs placed on city property. It was noted it may be difficult to classify which events would qualify to allow the signs. The Council directed staff to amend the ordinance that specifies the type of events that can advertise on city property. City Council :Minutes May 21, 2007, 2007 Page 3 Ms. Johnson stated staff is not considering this event as a city function and it would be to the city's benefit to define the type of events that would be allowed the signage. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE TEMPORARY SIGNS ON CITY PROPERTY FOR THE ARTSOUP FESTIVAL. MOTION CARRIED 4-0. 5.2. ArtSoup Presentation Laura Fryberger introduced herself, Patrick Grace, and David Raymond. She reviewed the events scheduled during the ArtSoup Festival. She further thanked the Council for their donation and support to the Elk River Area Arts Alliance. Mayor Klinzing invited the community to come out and support ArtSoup on June 23 and 24. 5.3. Review Median Plan for Orono Parkway Mr. Maertz noted that the concepts for median landscaping along Orono Parkway are expensive. He asked the Council for feedback on what to spend for this project. He further stated the city engineer would like to see a designated template for future median plan projects. Amy Bower, HKGi, reviewed concepts for Council consideration. She stated the project could be phased in to help with the cost. Mr. Maertz suggested landscaping the endcaps of the parkway. Councilmember Farber questioned if city staff time could be utilized to save money. Mr. Maertz stated it would be a wash. Councilmember Farber stated he likes the median plan concepts outlined by Ms. Bower for future projects but felt the city couldn't justify the costs for existing medians. Councilmember Motin questioned if irrigation is needed in the medians. He stated he would like to see some trees planted in order to break up the visual elements. Ms. Bower stated drought tolerant plantings should be used if irrigation is not installed. Mayor Klinzing questioned the funding source. Ms. Johnson stated funding could come from the Street Reserve or Capital Outlay. Dave Anderson, Parks and Recreation Commissioner-Stated the city could do a better job at taking care of the landscaping around City Hall. He stated he likes the idea of using a combination of trees and praine plantings as it should be easier to maintain. He reviewed the past history of the praine plantings and the hours of work by volunteers. Councilmember Zerwas suggested utilizing interpretive signs with photos to explain the praine plantings to citizens. City Council IvIinutes May 21, 2007, 2007 Page 4 Gary Peterson, 1943 6" Lane-Stated he would be willing to volunteer to assist with landscaping the median. He stated he supports the prairie plantings because they conserve funds and water and help promote Energy City. It was noted that it is cheaper to build new medians then it is to re-do existing ones. The Council directed staff to find less expensive alternatives for Council consideration. 6.1. Request by Kevin Anderson for Lot Size Variance. Case No. V 07-03-Public Hearing Mr. Barnhart stated the applicant is requesting a variance for a lot split. The Board of Adjustments denied the variance request because they felt it did not meet the requirements needed for a variance as oudined in the staff report. Mayor Klinzing opened the public hearing. Kevin Anderson, 9927 154'h Avenue-Stated most of the properties in the area are less than one acre. He stated the Wild and Scenic District won't be affected because his parcel will be three acres. Mayor Klinzing closed the public hearing. Councilmernber Farber stated he concurs with the decision of the Board of Adjustment and felt the applicant could more equally split is parcel to meet the 2 'I, acre requirement. Councilmember Motin suggested continuing this item to give the applicant a chance to amend his application. Mr. Beck suggested this item be continued so that staff could prepare findings to support and approve the variance on the condition that it be split as Council is requesting. He noted a 60 day extension letter would need to be sent to the applicant. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THIS ITEM TO THE JUNE 18, 2007 COUNCIL MEETING. MOTION CARRIED 4-0. 6.2. Request by Dale Beaudt;y for Lot Split Case No. LS 07-01-Public Hearing Mr. Leeseberg stated the applicant is requesting a lot split as oudined in his staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Farber expressed concerns with a new house not fitting in with the design of the homes. He questioned if there was anything in the Old Town designation that would dictate the type of home that could be built. Mr. Leeseberg stated the current designation is vague but that the Downtown Taskforce is working on creating some design standards. Mr. Beck stated they can't enforce anything on this applicant unless they wanted to do a moratorium. City Council :Minutes May 21, 2007, 2007 Page 5 Dale Beaudry, 7655 Maclver Avenue, Albertville-Stated he hasn't selected any building desigu for this parcel yet but he was not adverse to the idea of sticking to the neighborhood style. Councilinember Motin questioned if the fIre chief had any concerns regarding the access from the alley. Mr. Leeseberg stated the chief didn't raise any concerns at the site review meeting. MOVED BY COUNCILMEMBER ZERW AS AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE LOT SPLIT FOR CASE NO. LS 07-01, AS ILLUSTRATED ON THE CERTIFICATE OF SURVEY DATED MAY 15, 2006 WITH THE FOLLOWING CONDITIONS: 1. NO ACCESS SHALL BE ALLOWED ONTO JACKSON AVENUE FROM THE SUBJECT PROPERTY. 2. ACCESS TO THE SUBJECT PROPERTY SHALL ONLY BE ALLOWED FROM THE ALLEY EAST OF THE PROPERTY. 3. THE FOLLOWING FEES SHALL APPLY: A. WATER AND SANITARY SEWER TRUNK FEES SHALL BE PAID AT THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING. THIS FEE SHALL BE AT THE RATE APPLICABLE AT THE TIME THE FINAL PLAT IS RELEASED. B. A SURFACE WATER MANAGEMENT FEE SHALL BE PAID AT THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING. 4. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING MANNER: A. IN THE FORM OF CASH FOR ONE (1) LOT AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. MOTION CARRIED 4-0. 6.3. Resolution Vacatin~ a Draina~e and Utility Easement on Lot 1 Block 1 Elk River Crossin~ 6'" Addition Requested by MSR 5 LLC Case No. EV 07-04-Public Hearing- :Nlr. Barnhart stated it was staff's recommendation to vacate a drainage and utility easement when the lots for Maxum Furniture and Tractor Supply were created. He stated the easement was never formally vacated. Mayor Klinzing opened the public heating. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-51 FOR VACATING A DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 07-04. MOTION CARRIED 4-0. City Council Minutes May 21, 2007, 2007 Page 6 6.4. Request by Lan;y P. Rohlf for PreliminaJ;y and Final Plat Approval (Rohlfs Second Addition) Case No. P 07-04-Public Hearin~ Mr. Barnhart stated the applicant is requesting preliminary and final plat to subdivide a parcel into three lots as oudined in his staff report. He noted that the applicant was concerned with the amount of easement required by both the city and the county. Mayor Klinzing opened the public hearing. Larry Rohlf, 12891 Meadowvale Road-Felt Meadowvale Road needs a walking path but questioned the amount of easement requested by the city and county. He stated the easements cover a majority of his front yard. Mayor Klinzing closed the public hearing. Mayor Klinzing stated it is typical of the county to ask for a standard easement amount for every project without considering the location. She stated hopefully the county will reconsider Meadm.vvale as an urban road. Councilmember Farber stated the city shouldn't consider the 10' easement in addition to what the county is requesting. He stated the trail would fit into the county's easement. Councilmember Motin questioned what the harm would be for the city to keep the 10' trail easement. He stated if the county will allow a trail within their easement then the city won't need to use the 10'. He expressed concern with giving up the easement when the city doesn't know what will happen in the future. Mayor Klinzing stated Meadowvale Road should be built to an urban design standard and not rural standards. hIlr. Beck stated the city could add the word "trail" over the city's drainage easement. He stated the city could send a message to the county by not taking the 10' easement. He stated it wouldn't cost much in the future to acquire the additional easement if needed. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE PRELIMINARY AND FINAL PLAT AS ILLUSTRATED IN THE DRAWINGS DATED MARCH 22, 2007, FOR CASE NO. P 07-04 WITH THE FOLLOWING CONDITIONS: 1. CITY ENGINEER'S COMMENTS #4 FROM HIS MEMO DATED MARCH 9,2007 RELATING TO FEES TO BE PAID AS PART OF CONNECTION TO THE CITY'S SANITARY SEWER AND WATERMAIN SYSTEMS. 2. ALL COMMENTS AND CONDITIONS OF THE SHERBURNE COUNTY MEMO DATED MARCH 21, 2007 SHALL BE ADDRESSED. 3. THE FOLLOWING FEES SHALL APPLY: A. WATER AND SANITARY SEWER TRUNK FEES. WATER AND SEWER TRUNK FEES SHALL BE PAID AT THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING. THIS FEE SHALL BE AT THE RATE APPLICABLE AT THE TIME THE FINAL PLAT IS RELEASED. B. A SURFACE WATER MANAGEMENT FEE SHALL BE PAID AT THE TIME THE FINAL PLAT IS RELEASED FOR RECORDING. City Council Minutes May 21, 2007, 2007 Page 7 4. PARK DEDICATION SHALL BE PROVIDED IN THE FOLLOWING MANNER: A. TWO (LOTS) MULTIPLIED BY THE PARK DEDICATION FEE ESTABLISHED AT THE TIME THE FINAL PLAT IS RELEASED (CURRENTLY $3,300). 5. 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. 6. IN ADDITION TO THE EASEMENTS SHOWN ON THE PRELIMINARY PLAT, THE FOLLOWING EASEMENTS SHALL BE PROVIDED: A. A 25 FOOT EASEMENT ALONG THE ACCESS DRIVE FOR LOT 2, TERMINATING AT LOT 3. 7. IF REQUIRED, A NPDES PERMIT SHALL BE COMPLETED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 8. A WETLAND BUFFER OF 25 FEET APPLY TO ALL WETLANDS AND A STRUCTURE SETBACK OF 20 FEET FROM THE BUFFER APPLIES. 9. ALL COMMENTS OF THE CITY ENGINEER AS OUTLINED IN HIS MEMO DATED MAY 7, 2007. MOTION CARRIED 4-0. 6,5, Request by Laura Osman for a Conditional Use Permit for a Commercial Kennel Case No, CU 07-10-Public Hearing Mr, Leeseberg stated the applicant is requesting a conditional use permit to operate a commercial kennel. Mayor Klinzing opened the public heating, Laura Osman, 10616 175th Avenue-Introduced herself for any questions, Mayor Klinzing closed the public hearing. Councilmember Motin stated he was concerned about issuing a conditional use permit due to its permanent nature and because this portion of the city is being considered in the near future to be brought into the urban service district and will be a high density neighborhood, Mayor Klinzing concurred, Mr, Beck suggested that this item be continued in order to allow preparation of an interim use permit or to prepare fmdings for a denial. He stated the expiration of the interim use permit could be based on when the atea will be rezoned or platted, MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THIS ITEM TO JUNE 18, 2007 IN ORDER TO PREPARE AN INTERIM USE PERMIT. MOTION CARRIED 4-0. City Council i'ilinutes May 21, 2007, 2007 Page 8 A. Request for Commercial Kennel License bv Laura Osman e MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO CONTINUE THIS ITEM TO JUNE 18, 2007, MOTION CARRIED 4-0, 7.1. Resolution Providing for the Sale of $3 135 000 General Obligation Improvement Series Bonds 2007C Nfr. Simon stated the city would like to fund the Deerfield and Irving Avenue Pavement Management projects using bond proceeds due to the size of these projects and the amount of funds needed. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 07-52 PROVIDING FOR THE SALE OF $3,135,000 GO IMPROVEMENT BONDS, SERIES 2007C. MOTION CARRIED 4-0, 8. Other Business There was no Other Business. 9. Council Updates There we.re no Council U pda tes, 10. Staff Updates e Ms, Johnson provided an update on code enforcement. It was Council consensus that staff enforce the visible code violations but does not need to go looking for violations. 11. Adiournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:30 p.m. , /;/If/ ,jL ({/~ Tina Allard ~ ~ City Clerk e