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10.2. SR 11-02-2015 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 10.2 Agenda Section Meeting Date Prepared by Work Session November 2, 2015 Chris Leeseber , Senior Planner Item Description Reviewed by Lake Orono Right-of-Way Access Zack Carlton,Planning Manager Reviewed by Cal Portner, City Administrator Action Requested Review and discuss existing rights-of-way and city-owned property on Lake Orono and the Mississippi River to determine: ■ If standards for allowing specific types of uses for public access to the waterways should be implemented. ■ If any should be vacated. Background/Discussion At the October 19, 2015, City Council meeting,Kathleen Heaney spoke during Open Forum regarding city right-of-way between parcels 75-413-0240 and 75-413-0310 (Property). She, on behalf of herself,her husband, and Myra Werner,requested the city: 1. Identify the Property as public land; 2. Consider the Property as access to the lake and installation of a dock; or, 3. If not interested in options one or two, access to the property be foreclosed across the board. She further stated,if the city is not interested in retaining the property, there are a number of residents interested in purchasing it. The Council referred the item to staff to gather information and bring it back to a future work session. The Property The property includes a driveway and serves as ingress/egress for the house at 1946 Main Street. It is an approximately 66-foot wide street right-of-way running from Main Street to Lake Orono. The owners of 1946 Main Street have utilized the property for numerous years to access their property. St+visited on October 26, 20153 and found a fire pit, dock, and driveway on the property. It was also noted that there is an old concrete boat landing into the lake. Staff has contacted the DNR to see if they know when the landing was installed. Previous Right-of-Way Vacation Requests On September 16, 2013, the City Council denied a request by Robert and June Schwappach to vacate Western Avenue and Park Lane right-of-way in the Westwood Subdivision which terminate at the lake. POWERED 6T Template Updoted 4/14 INAMIRE1 On January 17, 2006, the City Council denied a request by Ron Dargis to vacate the York Street right-of- way on the subject property. This right-of-way also terminates at the lake. Mr. Dargis visited staff on October 27, 20153 and stated he wanted to again apply for a street vacation and left with an application. On November 21, 2005, the City Council denied a request by Bill Houlton to vacate a portion of the Vernon Street right-of-way south of Main Street. This right-of-way provides access to the William H. Houlton Conservation Area. It is not common practice for a city to vacate public rights-of-way unless there is a specific public purpose. In these instances, the Council determined there to be no public purpose for vacating the rights-of-way. Staff does not recommend vacating any of the rights-of-way under review. Lake Access Points Staff identified 13 city-owned parcels that have waterway access, eight of which are on Lake Orono and five on the Mississippi River. Most of these are via what appear to be right-of-way. Exhibits showing these access points are attached. Options for the Property ■ Vacate the Property. o Splits the property down the middle with each half attached to adjacent properties. The driveway is located in the middle of the property. There is no public purpose to vacate. ■ Require the property owner to remove and relocate their driveway, fire pit, and dock. Mark the property at Main Street and at Lake Orono as "public land with lake access." o Allow anyone to use the property to access the lake from Main Street. ■ Allow the driveway to remain and provide a vehicular ingress/egress easement in favor of 1946 Main Street. Mark the property at Main Street and at Lake Orono as "public land with pedestrian lake access." o Provides the property owner and the city rights to use the driveway for vehicles. o Allow only foot/bike access to the lake from Main Street. ■ Leave it as is and allow the adjacent owner to continue to use the property. Financial Impact None Attachments ■ Overall Public Access Points to Public Water Exhibit ■ Individual Public Access Points to Public Water Exhibits ■ Street Vacation Denial Letters ■ City Council Minutes ■ Site Photos N:APublic Bodies\Agenda Packets\11-02-2015\x10.2 sr Lake Access.docx Schwappach Request etuex u �, a ;�• s� a �� ,�� t §r RfILZ ,- f p � �•q_ fir. � �, �� � � �� 4 R[1St :RCGI7 - �. ROW • 1 s t A1C .- F it , _ } DFur gis Regtles't Houlton Reclu`est (denied] (denied) _Pa115SISSlI'.,I;IRG .ro Ste+ -m . 'E>'.'4' �� � � q:. �.�- > - -.. r•" � .;as',. 16 • rr R ---ANN& r r � r I 3-0260 �'• �""*} r 1 ~ 1 w 75-1113-0310 W 75-413-0210 1 �p1P15�S3W Q 7d '� 7;_A14114RA r 75-405-p25d m � Q 75-90 fi-0009 z s 75404018079- 7s-4a5.07ta ,�- - 0 45 p � 40.5 05, � -0 I75.1 _0720 i,3.. - - rnq+�5 T 4..� f C 75 !. W rr !:. 75G ryU-0dG2 z F w �5-nos-o+;9u " ► " w 75-405.0040 , sk . 75-164-171.81 •r "x' � �: t� t `dQkoU7ct T 75-4040176 T5429-0110 75404-0181 75-4f1d-0184 ' X75-421-4124 _ 754040194 75-404-0142 jr p 75-421-6210 ` z 75197-0124 75.558-0224 15197=0726 751971122 i5-897-0252 75-697-0120 75197-012$ /, TS-697-07,8 75-556-0234 � .75 1 97-02 54 75396-0236 75-697-0130 J®�Tyc r. 75-697-0010 79197=0732 75#97.4134 5 �' I 1$147-P,36 ^ �T•r.' -, c ', r � OXBOW 75-ss8-02J6 75197-0,38 34 islPi a14o x -55d-0242 75156-0240 75-001-0,45 y - 75f01-0135 � 75-601-0150 751971302 .O 75-601-010m v 7 75197-9304 15 75191 9125 ��1� S 75107-0720 ,� � 75-801-0225 - 7sfm,-0z3o ,: FSm,-aims 75197-mzzo �-..`_ - -_ '+` l_"-`; ...• CONSERVA7lON ARI=A F510,-02,5 15801-0235 79101-0314 _ - 9`7514 J a -'1 75490-0t •'� g - 15-489-01 A. 'L - - A •J'� - 75-gfi5=P41 75,6s7Sd69-013a 75-465-0395 -010 75469.0120 _ h r 75-q69-0046 75'4551122 75-46'a-11 _ 754 031 75-465�74i0 z ve 2 2 1 .75465 44C5 `-4> T5-36SA28a . P1 T5.44540 7s 4r 15o ir 754 -0aQ Aw -- 5ML L = 75-480-0154 y 75=480-0.128 y s .• _ .y z 75380-0136 7s-gin olsa i-478-0470 } 75-478.04fi0 :usc�i, .. ti 75 478-0450 + �R - 75.478-0440 75-478-U 1.;:i ,.✓ - � � � `� 75'4 20 _ - �+ i5-478-0010 ��► - ���+iii 75-ATB-0375 - != y4- *•1p� AL � ♦ � . ..� 17H-[I;}x:35 ,`. �: . Yir- 1 75 l H6�15 f , ����• . 4r �z� l j •- 1 /y fir.• ..�+ 75-0PG=-to-:.', - � 7547E-0470 75.478-0460 `y -�" 75-478-0G50 I 1 [y 75-4 ye t � r A NSS t OF mow, . • S A. JL .y y - � � �. ��'• s �i � powag ?A, JA M1Y at h 1 cgs# W_ .. .. Ali�` '�",!' - `�• ��.- a r� 11Jtiif3.iN� I _ '! F � �` � ��jf. �:• r fp �-- r�• •ate - _ oil ft� INN a. 77� � . , s 412 September 24,2013 Robert and June Schwappach 13002 Island View Dr. NW Elk River MN 55330 Dear Mr. and Mrs. Schwappach: Your request to vacate Western Avenue and Park Lane in the Westwood Subdivision was denied by the Elk River City Council at their September 16,2013 meeting. Denial was based on the fact that the Council has determined not to vacate rights-of-way unless there is a specific need to do so. If you have any questions regarding this letter,please contact me at 763/635-1034 or email at ibarnhartnelkrivermn.gov. Sincerely, Jeremy Barnhart Deputy Director Community Operations &Development January 20, 2006 Ronald L. Dargis 1946 Main Street Elk River MN 55330 Dear Mr. Dargis: Your request to vacate a portion of the right-of-way of York Street was denied by the Elk River City Council at their January 17, 2006 meeting. The Council directed staff to look at all existing rights-of-way on Lake Orono and the Mississippi River in order to establish standards for allowing specific types of uses for public access to the waterways. If you have any questions regarding this issue,please contact Senior Planner Scott Harlicker at 763/635-1034. Sincerely, Deborah Huebner Administrative Planning Assistant November 23, 2005 Bill Houlton Elk River MN 55330 RE: REQUEST FOR VACATION OF PORTION OF VERNON STREET RIGHT OF WAY Dear Mr. Houlton: Your request for vacation of a portion of the Vernon Street right-of-way south of Main Street was denied by the City Council at their November 21, 2005 meeting. The Council's decision was based on the following recommendation by City Engineer Terry Maurer: "Since there is the potential that someday the Houlton Farm could be subdivided, I see no public purpose for vacating the Vernon Street right-of-way as requested. I assume that the private driveway accessing the Houlton Farm can continue to utilize portions of the Vernon Street right-of-way as long as necessary into the future. If in fact there is ever a reason to subdivide any of the property, there will be a need to construct a public road to provide access to the subdivided parcels. Therefore,there could be a time in the future where the Vernon Street right-of-way is necessary." If you have any questions regarding this item,please contact Senior Planner Scott Harlicker at 763/635-1034 or City Engineer Terry Maurer at 763/635-1051. Sincerely, Deborah Huebner Administrative Planning Assistant M\Departments\Community Development\Planning\Case Files\WS\WS 1501 Lake Access Points\Denial ltr Houlton.doc City Council Minutes Page 3 September 16,2013 ----------------------------- 4.7 Hire Chanda Knoof as EDA Marketing Intern starting September 19, 2013, and ending December 31, 2013, as outlined in the staff report. 4.8 Approve Cooperative Agreement with MnDOT for the Placement of Mississippi River Trail Signage as outlined in the staff report. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 City of Elic River Volunteer of the Month — Mayor Dietz Mayor Dietz introduced,read, and presented a plaque to Jennifer Wagner, Volunteer of the Month for September. He noted the following volunteer accomplishments: ® Marketing co-chair for Hockey Day Minnesota 2014 ® Marketing and communications cotntnittee for Three Rivers Community Foundation ® Graduation speaker and Applied Learning partner with Minnesota School of Business, Ella River campus ® River's Edge Downtown Business Association member ® Women's Leadership Council for Sherburne County Area United Way ® Executive corntnittee member and brand champion for the City of Elk River's Powered by Nature brand 7.1 Street Vacation: Park Lane and Western Avenue Mr. Barnhart presented the staff report. He stated staff has not seen any documentation supporting the opinion that an owner of the neighboring property west of the subject property indicated they owned one of the streets because it had already been vacated. If the owner provides documentation that they do own the street,the city cannot vacate that street, and Park Lane would be the only access point to the `park'land. Because of this, staff is not supportive of vacating either street at this tine. Mayor Dietz opened the public hearing. Elaine Dryer, 13008 Island View Dr. NW—stated she agreed with staff's recommendation to deny vacating the property and states she is the owner of the property and has hied an attorney to provide ownership documentation. There being no one else to speak to this issue,Mayor Dietz closed the public hearing. City Council Minutes Page 4 September 16,2013 ----------------------------- Counciltnember Motin asked if instead of denying this request, should this iter be tabled until ownership of the land is verified,and if land to the south would be kept as park property. Mr. Barnhart stated this item deals only with the street right-of-way areas and does not include any park property. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to deny the request to vacate Park Lane and Western Avenue as outlined in the staff report. Motion carried 5-0. 7.2 HeritageMaples: Preliminary Plat, Case No. P 13-03, Conditional Use Permit, Case No. CU 13-11 Mr. Carlton presented the staff report. He stated staff and the Planning Commission recommend that until they received the requited information from the applicant, the Council open the public hearing, continue this request, and re-notice the public hearing date. Mayor Dietz opened the public hearing. No one requested to speak to this issue. Counselor Beck noted when the information is submitted, the Council would have to take action on it, but failure to submit documentation within the 60 day time period would then cause the item to be deemed approved. He recommended it be continued to the October planning commission meeting or a date certain,and therefore, a public hearing notice wouldn't have to be republished and notices wouldn't have to be resent. Mr. Barnhart stated his concerns with receiving the required information from the applicant in time for the October planning commission meeting, and felt it better to continue to future date certain in order to avoid a month-to-month continuation. He stated if staff hasn't received the required information from the applicant by the November planning commission meeting, the Commission would recommend to the Council the denial of the request in order to stay within the requirements of the permit. Mr. Barnhart also commented that the applicant can waive the 60-day rule in writiig. Moved by Councilmember Westgaard and seconded by Councilmember Motin to continue the public hearing regarding the Heritage Maples Preliminary Plat, Case No. P 13-03 and Conditional Use Permit, Case No. CU 13-11 items to November 18, 2013. Motion carried 5-0. 7.3 Conditional Use Permit: Keith Steies for Auto Sales, Case No. CU 13- 10 Mr. Carlton presented the staff report. He stated the Planning Commission recommends approval of the application with the conditions outlined in the staff City Council Minutes Page 3 January 17,2006 ----------------------------- Councilmember Dietz stated if the Library expanded on their current site there would be no room for another expansion in the future or the city would need to consider acquiring additional adjacent property. He stated the results from the Library survey indicated citizens were more concerned with the interior of the Library. He felt that Site C would be a good location for the Library and it would be a passive use the existing adjacent neighbors could accept. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY MAYOR KLINZING TO: 1. APPROVE A NEW LIBRARY PROJECT ON SITE C, SOUTH OF ORONO PARKWAY ACROSS FROM THE PUBLIC SAFETY/CITY HALL COMPLEX. 2. DIRECT STAFF TO EXPLORE FUNDING OPTIONS FOR THE NEW LIBRARY. 3. DIRECT STAFF TO NEGOTIATE WITH KKE ARCHITECTS TO BE THE PROJECT ARCHITECT FOR THE LIBRARY. MOTION CARRIED 5-0. Mayor Klinzing stated the Library should continue to move forward with getting information out to citizens about the new Library. • Councilmember Dietz suggested staff analyze how to utilize the current Library site when vacant. Councilmember Motin stated it may be too soon to discuss the future use of the existing Library site because it may be cost prohibitive. 6.1. Resolution to Vacate Portion of York Street.Requested by Ronald Dargisis.Public Hearing= Case No. EV 05-12 Mr. Harlicker stated the applicant is requesting a 60 foot wide portion of Right-of-Way (ROW) that is adjacent to his property be vacated.He stated the ROW provides public access to Lake Orono and recommended denial of the request.Mr. Harlicker further stated that Parks and Recreation Director Bill Maertz believe this ROW is a valuable asset on the lake. Mayor Klinzing opened the public hearing. Don Beaudry,230 York Avenue-Stated if the ROW vacation is granted he would like a condition added that no buildings can be built on it as it will block his view of the lake. John Warnke,210 York Avenue-Stated he would like the city to keep the ROW. He stated he didn't know the land was public property and would like to use it as a canoe access. Mayor Klinzing closed the public hearing. • Councilmember Motin questioned if the ROW's on Xenia and Watson Streets have been vacated. City Council Minutes Page 4 January 17,2006 ----------------------------- Mr. Harlicker stated they were not. Councilmember Farber stated that in order to be consistent and not set a precedent, the city should deny granting the ROW to the applicant like they did with the request that came before Council on January 21,2005 (Case No. EV 05-11). Mayor Klinzing stated it is difficult for the city to vacate a property when it would be almost impossible to get it back in the future if it were needed. She suggested staff look at all ROW's on Lake Orono and the Mississippi River and determine some standards for allowing specific types of uses for public access to the waterways. Councilmember Farber stated he didn't know the ROW was there and suggested signage be installed. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO DENY THE APPLICANT'S REQUEST TO VACATE A PORTION OF YORK STREET NORTH OF MAIN STREET TO LAKE ORONO AND DIRECTED STAFF TO REVIEW THE ROWS ON LAKE ORONO AND THE MISSISSIPPI RIVER TO DETERMINE STANDARDS FOR PUBLIC USE. MOTION CARRIED 5-0. 6.2. Dodge Avenue Improvement Project-Public Hearing Mr. Maurer provided a PowerPoint presentation outlining the process he followed with the • Dodge Avenue improvement and outlining why the improvement is needed.He reviewed the project area, existing conditions,proposed improvements,financing,and the project timeline. He stated the project cost is estimated at$281,000 with approximately 40% being assessed to the benefited property owners and 60% funded by the city. Mayor Klinzing opened the public hearing. Gary Santwire,property owner-Stated he supports the project and the amount that will be assessable to the property owners. Bill Morrow,Kentucky Fried Chicken-Stated he supports the project but is concerned about the road being closed,the city taking some of his property to rebuild the road,and his sprinkler system. Mr.Maurer stated Dodge Avenue would not be closed. He stated the city would not be taking any property from owners;the city would be using up the entire existing ROW. Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-06 ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE DODGE AVENUE RECONSTRUCTION IMPROVEMENT OF 2006.MOTION CARRIED 5-0. • City Council_\Tinutes Page 2 November 21,2003 ----------------------------- HRA WITH A TERM EXPIRATION OF DECEMBER 31, 2010;AND ANNE SHCROEDER TO THE LIBRARY BOARD WITH A TERM EXPIRATION OF DECEMBER 31, 2008. 3.7. SPECIAL ASSESSMENT REAPPORTIONMENTS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 4. Open Mike No one appeared for Open Mike. 5.1. Resolution Authorizing Execution of a Tax Abatement and Business Subsidv Agreement for Quality Label.Inc. Public Hearin Ms. Mebelich stated Quality Label,Inc. has requested a property tax abatement in the amount of$133,947 from the city for a pay-as-you-go Tax Rebate Financing(ITF) note with the company receiving 100% of the annual TRF for a maximum of 10 years. She stated a requirement of the financial assistance will be a commitment from Quality Label, Inc. for the creation of new jobs with n 2 years. Mayor I<Mnzing opened the public hearing. John Jacobs and Chad Johnson, owners of Quality Label,Inc.-Introduced themselves. Mayor KEnzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-122 AUTHORIZING EXECUTION OF A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT. MOTION CARRIED 5-0. Mayor Klinzing welcomed Quality Label,Inc. to the Elk River community. 5.2. Downtown Traffic Control Chief Beahen stated the"No Left Turn Between 3-6 p.m." signs from north Parrish Avenue onto Westbound Main Street have been removed. He stated enforcing the signage has been difficult and the signs are not at the required height. He stated the Police Department initiated heavy enforcement of the signs for a couple of weeks and that for every car pulled over and ticketed, two to four times as many would drive by after making the illegal turn. He stated the signs were installed due to safety concerns'With the view through the construction fencing for the downtown revitalization project. Chief Beahen stated that due to high traffic congestion in this area vehicles are forced to automatically slow down. Discussion was held on other possible safety solutions. 6.1. Resolution to Vacate a Portion of Vernon Street.Requested by Bill Houlton,Public Hearing-Case No. EV 05-11 Mr. Harlicker stated the applicant would like to vacate a portion of Right-of-Way(ROW) on Vernon Street. He stated the applicant has a driveway easement over the ROW. City Council Tkfinutes Page 3 November 21,2005 _____________________________ Mr. Maurer stated the Houlton Farm is subdivided in the future the c' may need to I city construct-a public roadway in this area. Mayor Klinzing opened the public hearing. Bill Houlton,representing owners of the Houlton Farm-Stated his family is establishing a management partnership and clearing up the title to the farm property.He stated they would like ownership of their driveway and are not comfortable with the city oN,.,nmg the ROW. Mayor Klinzing closed the public hearing. Councilmember Morin questioned what the hardship is to the owner. Mr.Houlton *indicated no hardship. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO DENY THE EASEMENT VACATION REQUEST BY BILL HOULTON. MOTION CARRIED 5-0. 6.2. Request by-Jimmy Raivala for Administrative Subdivision. Public Hearing-Case No. AS 05-03 Mr. Harlicker stated the applicant is requesting an administrative subdivision. He provided an overview of the project and the Parks and Recreation Commission's recommendation. Mayor Klinzing opened the public hearing.There being no one to speak-to this issue,Mayor Klinzing closed the public heating. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR JIMMY RAIVALA WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. PARK DEDICATION FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. 3. SURFACE WATER MANAGEMENT FEES FOR ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING. MOTION CARRIED 5-0. 6.3. Request by NRG to Amend Conditional Use Permit Ms. Haug stated NRG would like to amend their solid waste facility license and conditional use permit. She reviewed the changes to both items as outlined in her staff report. Mayor Klinzing opened the public hearing.There being no one to speak-to this issue,Mayor Klinzing closed the public hearing. F 4. _ I f II ryy APPROX PROP LINE "f i Ot l o � + y f .4 , l�II�l�'� ! 111 s M �` war sf• - �:l r,•' .• � � Yr •� J � •e ..� It ' t �.y"" ,r a. 'rw '� �w �'t►R rpt' is 4AIF o" dft iv ,/ OAW t y •� _ �� SSI \ J. • t ��� -T T r i �1 �r' T Ilk f -Z-1 vy c 2F J 'J l' � r,,.�� ; .� F �•, it t� �-. J' I ear , 2.~ ot 01 i e► �. > lie AW , . ,.,