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06-18-2007 CC MIN . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 18, 2007 Members Present: Mayor Klinzing, Counci1members Zerwas, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Senior Planner Sheila Cartney, Planner Chris Leeseberg, City Engineer Terry Maurer, City Attorney Peter Beck, Finance Director Tim Simon, Fire Chief Bruce West, Police ChiefJeffBeahen, Environmental Administrator Rebecca Haug, Environmental Technician Nicki Blake-Bradley, Recreation Administrative Coordinator Tonya Love, and City Clerk Tina Allard Also Present: Planning Commissioner Pete Lemke 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 6/18/2007 Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1 CHECK REGISTER 3.2. PAY ESTIMATES 3.3. CONTINUED SUPPORT FOR CLEAN-UP WEEK AND DAY AND THAT PRICES FOR THE 2007 FALL CLEAN-UP BE THE SAME AS THE 2007 SPRING CLEAN-UP 3.4. RETAIL FIREWORKS LICENSE TO ELK RIVER TARGET VALID JUNE 20, 2007 -JUNE 20, 2008 3.5.A. GENERAL PLANNING PERMIT TO PYROTECH FOR TEMPORARY SALES OF FIREWORKS AT 13374 HIGHWAY 10 WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE 2. ALL APPLICABLE FIRE CODES SHALL BE MET . City Council Minutes June 18,2007 Page 2 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 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 3.5.B. TEMPORARY SALES/STORAGE OF FIREWORKS LICENSE TO PYROTECH FOR FIREWORKS SALES AT 13374 HIGHWAY 10 CONTINGENT UPON THE CITY RECEIVING CERTIFICATE OF INSURANCE COVERAGE 3.6. GARBAGE, REFUSE, AND RECYCLING COLLECTION WITH RANDY'S SANITATION FOR THE CITY'S GARBAGE COLLECTION AT $26,623.86, FROM JULY 1, 2007-JUNE 30, 2010 3.7. ADOPT ORDINANCE 07-04 AMENDING SECTION 30-416 OF THE ELK RIVER MUNICIPAL CODE-EROSION AND SEDIMENT CONTROL, BY REPEALING ALL OF SECTION 30-416 OF THE ELK RIVER MUNICIPAL CODE AND ADOPTING NEW SECTION 30-416 OF THE ELK RIVER MUNICIPAL CODE-EXCAVATION, GRADING, AND EROSION CONTROL . ADOPT RESOLUTION 07-55 APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE #07-04 AN ORDINANCE REPEALING ALL OF EXISTING SECTIONS 30.416-EROSION AND SEDIMENT CONTROL, OF THE ELK RIVER MUNICIPAL CODE, AND ADOPTING A NEW SECTION 30-416 OF THE ELK RIVER MUNICIPAL CODE, EXCAVATION, GRADING, AND EROSION CONTROL . ADOPT ORDINANCE 07-05 ADDING ARTICLE VII, STORM WATER MANAGEMENT, TO CHAPTER 30 OF THE ELK RIVER MUNICIPAL CODE ADOPT RESOLUtION 07-56 APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE #07-05 ADDING ARTICLE VII, STORM WATER MANAGEMENT, TO CHAPTER 30 OF THE ELK RIVER MUNICIPAL CODE 3.8. RESOLUTION 07-57 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER 3.9. RESOLUTION 07-58 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER 3.10. GENERAL PLANNING PERMIT TO CURTIS KING FOR TEMPORARY PLANT SALES, CASE NO. GP 07-09 WITH THE FOLLOWING CONDITIONS 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE 2. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC . . . . City Council :Minutes June 18,2007 Page 3 3.11. 3.12. 3. THE SALES AREA SHALL BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION RESOLUTION 07-59 OF APPLICATION (193RD AVENUE PROJECT) SPECIAL MEETING NOTICES · JULY 2 REGULAR MEETING CHANGE TIME CHANGED TO 6:00 P.M. · QUO ROM OF THE COUNCIL-JUNE 19, PINEWOOD TOUR · QUOROM OF THE COUNCIL-JULY 2, ORONO BOAT TOUR · QUOROM OF THE COUNCIL-JULY 10, SEMINAR PARKS AND RECREATION DEPARTMENT PURCHASE OF ENCLOSED UTILITY TRAILER FOR $1,999 3.13. MOTION CARRIED 5-0. 4. Open .Mike Noone appeared for Open .Mike. 5.1. Update from GRE on Peaking Plant David Rannallo, GRE Project Communications Coordinator, provided an update on the status of the peaking plant. He reviewed the project schedule, status of permits, and their communications plan. He further discussed how noise level will affect surrounding residents. Councilmember Gumphrey suggested GRE expand the coverage area for communication to residents who will receive mailed notifications of the peaking plant project. 5.2. Donations from The Eddy Foundation Robert Eddy donated a $2,000 check to the Fire Department, a $2,000 check to the Police Department, and a $2,000 check to Police Chief Jeff Beahen for LEMA (Law Enforcement Memorial Association). Chief Beahen explained LEMA. Mayor Klinzing thanked Mr. Eddy for his generous donations. 5.3. Authorize Bid Packages for YMCA Project Bob J ossart with RJM Construction requested approval to advertise for bids for bid package 1 (precast and structural steel). MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE ADVERTISEMENT FOR BIDS FOR BID PACKAGE 1. MOTION CARRIED 5-0. 6.1. Resolution Regarding the Environmental Assessment Worksheet for the Tiller Corporation Sand and Gravel Mining Facili1;y Ms. Haug stated staff is recommending a negative declaration on the need for an Environmental Impact Statement (ElS) for the Tiller Corporation Sand and Gravel Mining City Council Minutes June 18,2007 Page 4 Facility because the Environmental Assessment Worksheet (EA W) accurately describes the project and the potential environmental effects. . Mr. Beck requested language modification to finding A in the resolution stating the project does not have the potential for significant environmental effects and the effects of the Project are minimal. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-60 REGARDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE TILLER CORPORATION SAND AND GRAVEL MINING FACILITY WITH THE LANGAUGE CHANGE AS REQUESTED BY THE CITY ATTORNEY. MOTION CARRIED 5-0. 6.2. Request by Kevin Anderson for Lot Size Variance. Case No. V 07-03 Mr. Barnhart stated this request is back before Council and the applicant is requesting a variance for a lot split. He stated the Council has asked the applicant to alter his request to adjust the lot sizes to more closely fit the ordinance. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE LOT SPLIT FOR CASE NO. V 07-03. MOTION CARRIED 5-0. 6.3. Request by Laura Osman for an Interim Use Permit for a Commercial Kennel. Case No. CU 07-10 . Mr. Leeseberg stated this item is back before Council because Council requested the item be processed as an interim use permit instead of a conditional use permit. The public hearing for the conditional use permit was closed at the May 21,2007 Council meeting. Mr. Beck suggested opening a public hearing for any comment. Mayor Klinzing opened the public hearing. 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 APPROVE AN INTERIM USE PERMIT FOR CASE NO. CU 07-10 AS ILLUSTRATED ON DRAWINGS DATED MARCH 26, 2007 WITH THE FOLLOWING CONDITIONS: 1. APPLICANT SHALL OBTAIN A COMMERCIAL KENNEL LICENSE FROM THE CITY OF ELK RIVER. 2. THE INTERIM USE SHALL TERMINATE WITH THE FINAL PLATTING OF THE PROPERTY OR WITH THE SALE OF THE PROPERTY. 3. UPON EXPIRATION OF THE INTERIM USE, THE APPLICANT MAY APPLY FOR AN EXTENSION TO THE INTERIM USE. 4. NO MORE THAN SIX (6) DOGS SHALL BE BOARDED AT ONE TIME. . . . . City Conncil IvIinutes J nne 18, 2007 6.3.A. 6.4. PlJ-ge 5 5. IF MORE THAN SIX (6) DOGS ARE DESIRED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE INTERIM USE PERMIT. 6. SIGNAGE SHALL NOT EXCEED TWO (2) SQUARE FEET IN SIZE. 7. SIGNAGE SHALL BE LOCATED ON THE SUBJECT PROPERTY AND NOT IN THE RIGHT-OF-WAY. 8. BARKING DOGS SHALL BE KEPT INDOORS. 9. ALL DOGS, WHEN NOT LOCATED IN THE DWELLING, GARAGE OR FENCED AREA SHALL BE ON LEASHES. 10. ALL KENNELS SHALL BE KEPT CLEAN AND ALL DOG WASTE SHALL BE DISPOSED OF PROPERLY. 11. ALL DOG WASTE DEPOSITED OUTSIDE OF THE PROPERTY SHALL BE COLLECTED AND DISPOSED OF PROPERLY. 12. THERE SHALL BE NO ON-SITE COMMERCIAL ACTIVITIES SUCH AS BREEDING OR SELLING OF DOGS. 13. IDENTIFICATION TAGS SHALL BE ON EACH OF THE DOG'S COLLARS INDICATING THE NAME, ADDRESS, AND PHONE NUMBER OF THE KENNEL. MOTION CARRIED 5-0. Request for Commercial Kennel License by Laura Osman MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE A COMMERCIAL KENNEL LICENSE TO LAURA OSMAN, ADVENTURES IN PET SITTING, LLC. TO DECEMBER 31,2007. MOTION CARRIED 5-0. Request by Tony Powell for Conditional Use Permit to Create an Open Water Pond in a Wetland. Case No. CU 07-11. Public Hearing Ms. Blake-Bradley provided the background information for this request as outlined in the staff report. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-11 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS AND CONDITIONS OF THE SHERBURNE COUNTY MEMO DATED OCTOBER 11, 2006 SHALL BE ADDRESSED. 2. ALL EXCAVATED SPOILS MUST BE REMOVED FROM THE WETLAND BOUNDARY PRIOR TO SPREADING AROUND THE HOME. 3. EROSION CONTROL BMP'S (I.E. SILT FENCE AND/OR EROSION CONTROL BLANKETS) MUST BE INSTALLED BETWEEN THE WETLAND AND UPLAND AREAS PRIOR TO EXCAVATION AND PLACEMENT OF SPOILS. 4. BMP'S MUST BE REMOVED FOLLOWING FINAL STABILIZATION OF SOILS. City Council Minutes June 18,2007 Page 6 5. PRIMARY SEPTIC DRAIN FIELD AND SECONDARY SITES MUST BE ROPED OFF TO PREVENT COMPACTION OF SOILS. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PREHISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. APPROVAL BY THE ARMY CORPS OF ENGINEERS FOR THE PROJECT MUST BE SUBMITTED TO THE CITY OF ELK RIVER, BUILDING AND ENVIRONMENTAL DEPARTMENT. THIS APPROVAL OF THE CONDITIONAL USE PERMIT SHALL EXPIRE AFTER 1 YEAR, UNLESS THE PROPERTY OWNER OR OWNER'S AGENT HAS SUBMITTED A LETTER OF REQUEST FOR EXTENSION. . 6. 7. 8. MOTION CARRIED 5-0. 6.5. Resolution Approving Simple Plat Request by Riverside Companies (Pintail Estates 1 st). P 07 -06. Public Hearing 6.6. Request by Riverside Companies for Interim use Permit for Spectrum High SchooL Case No. CD 07-13. Public Hearing Mr. Barnhart provided the background information for this request as outlined in his staff reports. He presented both requests together. . Mayor Klinzing opened the public hearing for the simple plat request. Ed Youngquist, Riverside Companies-Stated he was available for any questions. Mayor Klinzing closed the public hearing. Councilmember Motin expressed concerns about access into the property. He questioned if there is a proposed right turn lane coming from the east. Mr. Barnhart stated there are no turn lanes shown at this point but the improvements will be made as the permanent access is provided and based on enrollment numbers for the school. Mr. Maurer stated the county was very clear in stating that the permanent intersection across from Johnson Street will require right turn lanes. He stated the county hasn't made any recommendations for the interim location at this time. Councilmember Farber questioned the county plans for four lanes on County Road 12. Mr. Maurer stated the city would most likely need to initiate any action in trying to get this project to move forward in the short-term. Councilmember Motin added a condition that the architecture of the severe weather shelter (safety building) must be reviewed at the time the school will come forward in the conditional use permit process. . . . . City Council Minutes June 18,2007 Page 7 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-61 GRANTING FINAL PLAT APPROVAL FOR PINTAIL ESTATES 1ST ADDITION, CASE NO. P 07-06 WITH THE FOLLOWING CONDITIONS: 1. THIS FINAL PLAT APPROVAL SHALL EXPIRE ONE YEAR FROM THE DATE OF THIS RESOLUTION IF THE FINAL PLAT IS NOT RECORDED WITHIN THAT TIME. 2. FUTURE CONSTRUCTION OF PRINCIPLE STRUCTURES ON THE PROPERTIES SHALL REQUIRE REPLATTING OF LOTS. 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. C. PARK DEDICATION BASED ON FAIR MARKET VALUE OF 10% OF THE PLATTED PROPERTY. 4. 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. 5. THE ARCHITECTURE OF THE SAFETY BUILDING WILL BE REVIEWED AT THE TIME OF THE PERMANENT BUILDING CONSTRUCTION AND THERE ARE NO ASSURANCES THAT THE SAFETY BUILDING WILL BE ABLE TO REMAIN. MOTION CARRIED 5-0. Mayor Klinzing opened the public hearing for the interim use permit request. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE INTERIM USE PERMIT, CASE NO. CU 07-13 AS ILLUSTRATED ON DRAWINGS DATED JUNE 6, 2007 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED JUNE 7,2007 SHALL BE ADDRESSED. 2. ALL COMMENTS AND CONDITIONS OF THE SHERBURNE COUNTY MEMO DATED MAY 11, 2007 SHALL BE ADDRESSED. 3. THE DEVELOPMENT OF THE SITE 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. 4. A WETLAND BUFFER OF 25 FEET APPLY TO ALL WETLANDS AND A STRUCTURE SETBACK OF 20 FEET FROM THE BUFFER APPLIES. 5. A NPDES PERMIT IS REQUIRED PRIOR TO CONSTRUCTION. City Council Minutes June 18, 2007 Page 8 6. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE LANDSCAPE, SITE STABILIZATION IMPROVEMENTS, TO A MAXIMUM OF $50,000 SHALL BE SUBMITTED PRIOR TO THE RELEASING OF THE BUILDING PERMIT. 7. INTERIM USE PERMIT SHALL EXPIRE ON JULY 1,2010. 8. THE ARCHITECTURE OF THE SAFETY BUILDING WILL BE REVIEWED AT THE TIME OF THE PERMANENT BUILDING CONSTRUCTION AND THERE ARE NO ASSURANCES THAT THE SAFETY BUILDING WILL BE ABLE TO REMAIN. . MOTION CARRIED 5-0. 6.7. Request by Envision Co.. LLC (At-Mon Commercial Park 2nd) Ms. Cartney provided the background information for this request as outlined in her staff report. Mayor Klinzing opened the public hearing for the zone change, conditional use permit, and the preliminary plat. Lee Fredrickson, Lee's Riverside Auto-Questioned the future plans for this area. Ms. Cartney stated the applicant hasn't submitted any plans for the project yet but noted the uses will remain Light Industrial. Mayor Klinzing closed the public hearing. . A. Ordinance for a Zone Change from LI (Light Industrial) to PUD (planned Unit Development). Case No. ZC 07-04. Public Hearing MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 07-06 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES TO PUD (PLANNED UNIT DEVELOPMENT), CASE NO. ZC 07-04. MOTION CARRIED 5-0. B. Conditional Use Permit. Case No. CU 07-12. Public Hearing MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE CONDITIONAL USE PERMIT FOR CASE NO. CU 07-12. MOTION CARRIED 5-0. C. Preliminary and Final Plat (Resolution). Case No. P 07-05. Public Hearing MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 07-62 GRANTING FINAL PLAT APPROVAL FOR AR-MON COMMERCIAL PARK 2ND ADDITION, CASE NO. P 07-05 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED JUNE 7,2007 SHALL BE ADDRESSED. . . . . City CouncillvIinutes June 18, 2007 Page 9 2. 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. 3. IN ADDITION TO THE EASEMENTS SHOWN ON THE PRELIMINARY PLAT, THE FOLLOWING EASEMENTS SHALL BE PROVIDED: A. TRAIL EASEMENT OF 10 FEET ALONG JARVIS STREET. B. CROSS ACCESS AND PARKING EASEMENTS BETWEEN ALL FOUR LOTS. C. DRAINAGE AND UTILITY EASEMENTS OVER THE PONDS. D. CROSS ACCESS EASEMENTS FOR SHARED SEPTIC AND WELL. 4. THE APPLICANT SHALL EXECUTE A PLANNED UNIT DEVELOPMENT AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL FOR THE FINAL PLAT, USES, SETBACKS ETC. 5. AN ASSOCIATION SHALL BE DEVELOPED TO MAINTAIN THE COMMON ELEMENTS OF THE DEVELOPMENT, ONCE THE LOTS ARE SOLD. 6. ALL REQUIRED SUBDIVISION 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. 7. THIS APPROVAL OF THE PLAT SHALL EXPIRE AFTER 1 YEAR, UNLESS THE PROPERTY OWNER OR OWNER'S AGENT HAS SUBMITTED A FINAL PLAT OR LETTER OF REQUEST FOR EXTENSION. MOTION CARRIED 5-0. 6.8. Discussion Regarding Commercial Recreation Uses in the Business Park I:v1r. Barnhart provided the background information for this request as outlined in his staff report. Councilmember Morin stated a fitness/gymnastics center is not a good fit for Business Park (BP) Districts. He explained the purpose of the BP and how the uses need to be compatible. He stated a dance studio is not a vocational use. Councilmember Gumphrey requested comments from the Planning Commission members. Planning Commissioner Lemke stated commercial recreational uses were more appropriate in the BP and Highway Commercial (HC) districts. He stated the goals of industrial space need to be preserved. Planning Commissioner Austad concurred with Councilmember Morin. He stated the Commission tried to better define the uses that fall into a grey area. City Council :i\1inutes June 18,2007 Page 10 Councilmember Farber stated he doesn't see the need to put a dance studio into a Light Industrial location. He stated the city has limited Business Park and Light Industrial space that needs to be preserved. . Councilmember Gumphrey disagreed with Councilmember Motin and Farber. He stated these building have been sitting for many years without anything in them. He stated the city had looked at donating this property to the YMCA in the past. He stated the Planning Commission did god job defining the commercial recreation classifications and the city should follow through with changing the ordinance as recommended by the Planning Commission. Councilmember Zerwas and Mayor Klinzing concurred. Mr. Barnhart stated the Planning Commission's recommendation does not help the dance studio with their request of going into the industrial zoning district. Mayor Klinzing clarified the commercial recreational zoning changes recommended for the Central Business District, Cl, C3, Business Park districts but noted that the Planning Commission recommended no change for the Industrial Zoning District. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO MOVE FORWARD WITH THE PLANNING COMMISSION'S RECOMMENDATION AND AUTHORIZE THE CITY ATTORNEY REVIEW REGARDING AMENDMENTS TO THE ZONING ORDINANCE AND ZONING DEFINITIONS. MOTION CARRIED 5-0. Councilmember Motin requested staff create a drawing illustrating the recommended changes. He stated he likes the breakout of the commercial recreational definitions. . Councilmember Farber concurred. 6.9. Resolution Concurring with the Local Advisory Committee's Recommended Alternatives for TH 169 Mr. Maurer provided the background information for this request as outlined in his staff report. Councilmember Farber questioned why MnjDOT is not considering straight diamond ramps at intersections as they take less land. He cited examples in the metro area. He stated further concerns with signal lights. Craig Robinson, MnjDOT Project Manager District 3-Stated the ramps chosen were based on projected traffic volumes in the future and the straight diamond pattern can't handle the capacity projected for Elk River. He stated the straight diamonds were built many years ago and wouldn't be built today due to traffic volumes and the more effective ramp designs available today. He stated another reason the straight diamond can't be used is because interchanges need to be more than a half-mile apart and the School Street and Main Street intersections are too close to each other. Councilmember Motin doesn't understand how the folded diamond intersection is better than the single-point intersection because of all the businesses that have to be removed. . . . . City Council Minutes June 18,2007 Page 11 :Mr. Robinson stated single-point intersections will take less right-of-way initially and the businesses didn't like the single point intersection because it will be difficult to access the quadrants immediately adjacent to the intersection. Councilmember Motin stated he would be okay with the BC2 concept if there were an exit onto School Street. :Mr. Robinson stated the issue is the amount of space needed for traffic to weave for entering and exiting the highway. He stated the space is needed to prevent backups. Councilmember Zerwas stated at first he liked the BC3 concept but he sees the concern of businesses because of the access issues and stated the land might as well be taken. Councilmember Gumphrey questioned the costs for these two options. :Mr. Robinson stated construction costs are initially higher on the single-point intersection due to the amount of bridge structure that must be constructed but the folded diamond intersection will have more right-of-way costs in the project. He stated the costs will likely be equal but this is only a guess because cost analyses haven't been completed. Mayor Klinzing asked if there were any projects that could be done in the interim to help the city with moving these projects forward. :Mr. Robinson suggested that the northerly ramps could be done independently prior to getting to the School and Main Street projects depending on funding. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT A RESOLUTION INDICATING SUPPORT FOR THE LOCAL ADVISORY COMMITTEE'S RECOMMENDED ALTERNATIVES FOR TH 169. Councilmember Motin stated he couldn't support this resolution because he felt the BC3 ramp concept won't work. It was suggested that the Council have more of a discussion about the proposed intersections in the TH 169 Study for the Main and School Street intersections at a worksession meeting. Councilmember Farber stated he would like to see more solid figures for right-of-way acquisition. COUNCILMEMBER GUMPHREY WITHDREW HIS MOTION. 6.10. Request by City of Elk River for Prelimin~ and Final Plat (Resolution) Approval (Civic Campus Addition). Case No. P 07-07. Public Hearing :Mr. Barnhart provided the background information for this request as outlined 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. City Council NIinutes June 18,2007 Page 12 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07-63 GRANTING FINAL PLAT APPROVAL FOR CIVIC CAMPUS ADDITION, CASE NO. P 07-07 WITH THE FOLLOWING CONDITIONS: . 1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED JUNE 6, 2007 SHALL BE ADDRESSED. 2. IN ADDITION TO THE EASEMENTS SHOWN ON THE PRELIMINARY PLAT, THE FOLLOWING EASEMENTS SHALL BE PROVIDED: A. AN ACCESS EASEMENT IN THE NORTHWEST AND SOUTHWEST CORNER OF LOT 1, BLOCK 1 FOR ACCESS PURPOSES FOR THE ADJACENT EXCEPTION PARCEL. 3. 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. 4. RESOLUTION OF THE GAS MAIN ISSUE WITH CENTER POINT ENERGY. MOTION CARRIED 5-0. 6.11. Request by City of Elk River for Conditional Use Permit for YMCA. Case No. CU 07-14. Public Hearing Mr. Barnhart stated this item has been continued by the Planning Commission but has been advertised for a public hearing before Council. He requested the Council hold the public hearing and then continue it to July 16, 2007. . Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing continued the public hearing to July 16, 2007. 6.12. Resolution Vacating a Portion of Street. Drainage. and Utility Easements. Requested by City of Elk River. Case No. EV 07-05. Public Hearing Mr. Barnhart stated this item is" no longer needed because a driveway easement agreement is needed instead but this item was advertised for public hearing. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. 6.13. Request by City of Elk River to Amend a Conditional Use Permit (William Mathews). Case No. CU 07-15. Public Hearing Mr. Barnhart provided the background information for this request as outlined 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 Motin expressed concerns with two-way traffic entering the Matthews site. . City Council i\1inutes June 18,2007 Page 13 . Mr. Maurer stated there should be head-in parking if the entrance is going to have two-way traffic. Mr. Beck stated the property line will not be moving and both the owner and the lessee need to concur with the easement vacation on the city property. He stated the approval should be made conditioned on getting the easement. He further stated the YMCA may need more but they are uncertain as to what they need at this time. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 07-15 WITH THE FOLLOWING CONDITIONS: . 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 3. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 4. ALL VEHICLES SHALL BE PARKED ON AN APPROVED SURFACE (NOT LANDSCAPED AREAS) WITHIN THE PROPERTY PER SETBACK REQUIREMENTS. 5. NO VEHICLES SHALL BE PARKED IN THE PUBLIC RIGHT-OF-WAY OR ON SIDEWALKS. 6. NO OUTDOOR STORAGE SHALL BE ALLOWED. 7. ALL VEHICLE MAINTENANCE AND/OR RESTORATION SHALL OCCUR WITHIN THE BUILDING. 8. TREES SHALL BE PLANTED ON THE PROPERTY, AS INDICATED ON STAFF EXHIBIT "N'. 9. ALL SIGN PERMITS SHALL BE OBTAINED PRIOR TO ANY SIGNAGE BEING INSTALLED. 10. ADVERTISING ON THE VEHICLES SHALL BE LIMITED TO ONE SIGN PER VEHICLE NOT EXCEEDING 94 SQUARE INCHES. 11. NO SIGNAGE AND/OR DECORATIONS OF ANY TYPE, SUCH AS BUT NOT LIMITED TO, BANNERS, PENNANTS, FESTOONS, PAINTED WINDOWS AND BALLOONS SHALL BE ALLOWED ON THE VEHICLES. 12. ALL FOR-SALE VEHICLES SHALL BE DELIVERED TO THE SITE UNDER THEIR OWN POWER. 13. ONE-WAY TRAFFIC INTERNAL TO THE SITE WILL NEED TO BE SIGNED ACCORDINGLY. 14. THE REMAINDER OF THE ROOF AND BUILDING SHALL BE PAINTED. 15. THE INTERIM USE PERMIT AT 13479 BUSINESS CENTER DRIVE SHALL BE REVOKED SIX WEEKS AFTER A CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE SUBJECT PROPERTY. 16. SITE TURF SHALL BE ESTABLISHED WITH APPROPRIATE IRRIGATION. 17. THE CUP IS CONDITIONED ON THE PROPERTY OWNER COOPERATING IN VACATING THE EXISTING PRIVATE EASEMENT AND ANY OTHER RELATED ACTIONS THAT MAY BE NECESSARY TO COMPLETE THAT PROCESS. 18. HEAD IN PARKING SHALL BE INSTALLED ON THE NORTH SIDE OF THE BUILDING. . City Council :Minutes June 18,2007 Page 14 MOTION CARRIED 5-0. . 7.1. Private Roads Ms. Johnson provided the background information for this request as outlined in her staff report. She stated the roads are private because the developers requested private roads so they could get more density and not have to comply with city street standards. She further stated that the association documents for these developments clearly state that the residents are responsible for all costs of maintaining and repairing the private roads. The residents would have received this information when purchasing a townhome on a private road. Arthur Jackett, 19045 Xavier Street-Stated Ms. Johnson's explanation of the city's costs and responsibility if it were to take over private roads was well done. He requested the city create an informative flyer explaining this issue to residents. He stated townhome representative Bill Saaranen is concerned about the taxes he pays but that he doesn't receive any benefit from the city for road maintenance. Ms. Johnson suggested information in an upcoming newsletter. Mr. Hals questioned how much of the private roads residents are requesting the city take over due to the layout of the streets in the townhome developments. He stated it would cost about $160-175,000 for a special truck to plow these roads due to there narrow size. Mr. Hals stated an entirely new snowplow route would be created which would take extra staffing. He stated maintenance costs would be about $15,000 per mile for sealcoating and some areas would need an overlay improvement, which would cost about $200,000 per mile. He stated the private roads would be expensive for the city to take over. He questioned the Council where the city would stop with taking over private roads (private gravel and commercial roads). . Ed Wortman, 19121 King Court (Elk Run Village)-Stated he doesn't understand how his road could be considered private because of statements in the contractors agreement. Mr. Maurer explained that the city owns the sewer and water in the developments and has easements over the road in order to be able to perform routine maintenance. He stated there is no public right-of-way in the-developments. He stated the city does not own the storm sewer or the street in the development. Mr. Beck stated the city does not own the land the streets are located on upon. Mr. Wortman stated he pays high taxes and association fees and questioned what he gets for the expenses. He stated he doesn't get street lights or road maintenance. He stated the city accepted the improvements that were made on these roads by the developer and questioned why the standards are different than the city public road standards. He questioned if it were possible for the city to make some type of adjustment to assist residents in townhome developments. He also requested the Council change the standards required for private roads. Councilmember Farber stated the townhome development is a beautiful project compared to what the developer originally requested to develop. He stated residents need to work with the State in order to get any type of tax credit. . . . . City Council Minutes June 18,2007 Page 15 Mayor Klinzing stated the townhomes would need to lobby to their legislators to have the taxes changed. Jerry Olson, 18264 Kent Street (Country Crossing)-Stated he appreciated Mr. Hals and Ms. Johnson's explanation of private roads and the costs associated with maintaining them. He stated the townhome associations are looking at the same costs to do the work themselves. He questioned if the city is still doing private roads for townhomes. Ms. Johnson stated the ordinance and its requirements have changed. She stated the private drives are much shorter and the developer is required to pay for the city street to come to the private drives. Mr. Olson stated the mill rates for the townhomes are the same as single-family residential lots and feels they should be differentiated. Mr. Beck stated the ordinance changes were made in order to balance the issues with private roads that have developed over the years against the desire to make townhome projects affordable to residents. He stated private roads make townhomes more affordable and help to lower the value of the properties. Ms. Johnson stated the mill rate, which is now the tax rate, may be the same as a single- family residential home but the class rates are lower so the land and building taxable value is less than a single-family home. She stated questions with value should be directed to the county assessor. Mayor Klinzing stated the assessor looks at townhomes differently because they are on smaller lots without public improvements and have less of a setback. She stated the value of the land is less then single-family home developments. She stated the city looks at the private roads to be driveways and therefore does not require connections for through traffic to get to other developments, which is a benefit to the townhome owner. Councilmember Zerwas stated if some of the private roads were taken over by the city, the residents will still have the individual drives going to their garages that would need to be contracted out and maintained. He stated it would not be enough to provide relief to association fees. He stated the city will assess the residents for road improvements. He stated he didn't feel the townheme residents would come out ahead if the city took over the roads. He stated there would be no guarantee the townhome residents would get plowed out right away. He stated they would be a lower priority whereas now the association can hire/ fire a contractor. Bill Sarranen (Trout Brook)-(Came late to this discussion)-Stated he feels the city should snowplow the private roads. He stated there is no problem with the heavy garbage trucks using the private roads so why couldn't the snowplows use them. He stated the mill rate for townhomes is the same as for a single family home. He stated he is willing to work with the city to negotiate some kind of deal. Mill rates versus class rates were explained. Ms. Johnson stated signage will be installed letting everyone know which streets are private. Mayor Klinzing stated the city shouldn't begin to maintain private roads in the city. She stated the city would need to justify the cost to the rest of the taxpayers. She stated it would City Council 11inutes June 18, 2007 Page 16 not be beneficial to the townhome residents because the roads would have to be improved to meet city requirements, they would have to be built through the developments to fit the city's grid street system. She stated the city would have to make a lot of changes to the roads for emergency vehicles access, parking regulations, setbacks and right-of-way. . The Council concurred. Councilmember Motin stated he supports the idea of trying to work with legislators or see if there is some type of offset that could be done for these disparities. 7.2. Solicitor's License Requests-Apx Alarm Ms. Allard provided the background information for this request as outlined in her staff report. Councilmember Farber requested that only one solicitor be allowed to approach a door at a time due to the intimidation factor. He questioned if Apx Alarm is a reputable business and if there are complaints against them. Ms. Allard stated she checked the company out on the Internet and also with the Better Business Bureau (EBB) and noted they received a satisfactory rating from the BBB. Councilmember Zerwas questioned if it would be possible to limit the number of solicitors from one company. He stated concerns with the high number of applicants and reviewed issues that happened last year with a similar company harassing residents. . Councilmember Gumphrey expressed safety concerns with the hours. He stated he doesn't want solicitors knocking on someone's door at 8:00 a.m. or 9:00 p.m. He suggested 9:00 a.m. to 5:00 p.m., Monday through Friday. Councilmember Motin suggested the hours of 11:00 a.m. to 6:00 p.m. He stated he didn't want to deny the other two applicants. He stated they were charged because they didn't get a license in other cities and now they are trying to comply with the law and shouldn't be punished for it. He stated they are learning from their mistake and wants to encourage them to apply for a license. Mayor Klinzing concurred. Councilmember Farber stated he disagreed. He stated dealing with solicitors is a Police Department nightmare. He stated solicitors don't want to be good people but have been scared into the fact that some cities are getting serious in follow-through with arresting violators. He stated the reason they were arrested elsewhere is because other cities are taking their chances on them. Councilmember Motin stated concerns with the company but he isn't sure the city can deny all the solicitors. Mayor Klinzing questioned if the city can do more research on the company. Mr. Beck stated the police chief had feedback regarding the company related to sales techniques but not so much with their follow-through procedures or their product. . . . . City Council Minutes June 18, 2007 Page 17 Mayor Klinzing suggested adding a condition that if there were two complaints, then the solicitor's licenses would be withdrawn for the company. Mr. Beck stated only the individual's license could be revoked. Councihnember Farber stated he would like more information on the company at the July 2 Council meeting. He stated he would like the chiefs comments and for the chief to get comments from other cities. Mr. Beck stated he is not sure the city would have a basis to restrict the number of solicitors from a particular company but the city could possibly through an ordinance amendment get at the issue by setting a limit of no more than one unsolicited call from one company per year so that companies can't send 5 or 6 individuals to one door on different nights of the week or month. Mayor Klinzing asked staff to prepare the conditions in writing. She stated Council would like to know if limiting the soliciting to one person from the company is legal and she requested a condition that if there are two complaints on an individual then the city will revoke the license. Councilmember Farber stated he hopes they can limit to one individual soliciting in the city because two or more person sales tactics is intimidating. Mr. Beck stated there may be an issue of security for the solicitor with only one person going door-to door. Councilmember Motin stated they could have two people in the car but that both can't go to the door. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THIS ITEM TO JULY 2, 2007 IN ORDER TO RECEIVE MORE INFORMATION FROM STAFF. MOTION CARRIED 5-0. Councihnember Motin asked if residents could put signs in their doors stating they don't accept solicitors. He requested.a condition be added stating if there is a sign near an entrance the solicitors can't knock on that door. 8. Other Business There was no Other Business. 9. Council Updates Councihnember Gumphrey provided an update on Russ Anderson's Open Mike request from the June 4, 2007 Council meeting regarding utility wood posts near his property. He stated Elk River Municipal Utilities can't move them underground because it doesn't create a loop system. He further stated Utilities is looking at a policy so when another project like this occurs it can be worked into the budget City Council Minutes June 18, 2007 Page 18 10. Staff Updates . Ms. Johnson provided an update on the Zlystra conditional use permit. She stated the permit has expired and the Planning Department sent them a letter stating they need to re- apply for it if they want to keep it or they need to remove items that are stored on the property by July 11. 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:40 p.m. :~(CRZ City Clerk . .