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09-20-2004 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 20, 2004 Members Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Morin, and Tveite Members Absent: None Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, City Attorney Charlie Wilson, Police ChiefJeffBeahen, Building and Environmental Administrator Steve Rohlf, Environmental Assistant Rebecca Haug, Parks and Recreation Director Bill Maertz, Streets Superintendent Phil Hals, and Recording Secretary Tina Allard Also Present: Planning 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 6:30 p.m. by Mayor Klinzing. 2. Consider 9/20/2004 A~enda Councilmember Dietz added Homecoming Parade and Public Safety Building Status to Other Business on the agenda. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent A~enda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 9/7/04 COUNCIL MINUTES 3.2. CHECK REGISTER 3.3. CHANGE ORDERS 3.4. PAY ESTIMATES 3.5. REQUEST BY 10-24 DEVELOPERS FOR PRELIMINARY PLAT APPROVAL (WINDSOR MEADOWS), PUBLIC HEARING-CASE NO. P 04-18-POSTPONED TO 10/18/04 3.6. TROTT BROOK FARMS BARN POLICY FOR USE 3.7. ACCEPT RESIGNATION OF PLANNING COMMISSION MELANIE CURTIS 3.8. EQUIPMENT PURCHASES AS OUTLINED IN THE STAFF REPORT City Council J\t1i:nutes September 20, 2004 Page 2 ----------------------------- MOTION CARRIED 5-0. 4. Open Mike Noone appeared for Open Mike. 5.1. Swearing- in of Police Officer Evan Patutio Police Chief]effBeahen praised and thanked the SWAT team for assisting the Ramsey Police during a search in Ramsey over the weekend. Evan Patutio was sworn in as a new police officer by Mayor Klinzing. Chief Beahen pinned the police badge on Officer Patullo. 6.1. Consider Gates Avenue Re-stripin!;C Plan City Engineer Terry Maurer provided options for re-striping Gates Avenue back to a two lane configuration. He stated the best area for transition from three lanes to two lanes is to have back to back left turn lanes at the St. Andrews Church and the Evans Meadow apartment complex driveways. Councilmember Dietz stated he was unclear about the motion made regarding whether parking on the shoulders would be allowed in the two lane striped area. Councilmember Motin stated he wanted parking available on both sides of the street as it was before being striped three lane. Chief Beahen reviewed an accident report for this section of Gates Avenue. !:vir. Maurer stated he would recommend no parking be allowed on the street because there are no sidewalks for pedestrians and the volume of traffic is high. Councilmember Morin stated that this section of Gates and 3td Avenue should go back to the original two lane design and that the alignment of Gates and 3,d Avenue should be reviewed as a separate issue. Councilmembers Tveite and Kuester concurred. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE THE RE-STRIPING AS RECOMMENDED IN THE DRAWING BY STAFF. MOTION CARRIED 4-1. Councilmember Dietz opposed. Councilmember Motin stated that the Housing and Redevelopment Authority (HRA) is looking at redevelopment on the north side of Highway 10. He stated that three houses are for sale in this area and the HRA may have an interest in them if a fourth property were included as part of a package. Mayor Klinzing stated she is happy that the HRA is proactive in pursuing redevelopment projects. City Council !v1i.nutes September 20, 2004 Page 3 -----------~----------------- 6.2. Request by Schuer Inc. for Conditional Use Permit for Mineral Excavation Public Hearing:- Case No. CU 04-23 Rebecca Haug submitted the staff report. Ms. Haug stated the applicant is requesting a conditional use permit (CUP) for mineral excavation. Mayor Klinzing opened the pubic hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE CONDITIONAL USE PERMIT FOR SCHUER, INC WITH THE CONDITIONS OUTLINED IN THE CUP AGREEMENT. MOTION CARRIED 5-0. 6.3. Request by T&B Mining: for Conditional Use Permit for Mineral Excavation and Peat Mining Public Hearing:- Case No. CU 04-21 6.4. Request by T&B Mining: for Rezoning: from A1 (Agricultural Conservation) to ME (Mineral Excavation Overlay) Public Hearing:-Case No. ZC 04-08 Staff reports submitted by Steve Rohlf and Rebecca Haug. Mr. Rohlf stated the applicant is requesting a conditional use permit for mineral excavation and a zone change from Agricultural (A1) to Mineral Excavation Overlay Zoning District (ME). He briefly reviewed the environmental issues for this project. Mayor Klinzing opened the public hearing for the conditional use permit and the zone change request. There being no one to speak to these issues, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE A CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION BY J&B MINING WITH THE CONDITIONS OUTLINED IN THE CUP AGREEMENT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT ORDINANCE 04-14 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED, CASE NO. ZC 04-08. MOTION CARRIED 5-0. 6.5. Request by TLM Land Holdings for Final Plat Approval IJ3elmont Estates) Case No. P 04- 17 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting fmal plat approval for Belmont Estates. He gave an overview of the project. He stated that Nixon Circle was not chosen as a connector street to the south due to the location of a major power line pole and easement in its path; therefore Olson Street was chosen as the south connector. Councilmember Motin questioned if there was any opportunity to reroute Nixon Street to avoid the power pole due to traffic patterns. Ms. McPherson stated that there are also drainage and utility easements along the lots located east of Nixon Circle that would be difficult to work around. City Council !Vlinutes September 20, 2004 Page 4 -.--------------------------- Councilmember Morin questioned if the property to the south of this development would have access to 175th Avenue or Twin Lakes Road. Ms. McPherson stated the property has a driveway to Twin Lakes Road. The owner also owns property adjacent to Twin Lakes Road but in the future the ptoperty owner may have to obtain additional right-of-way from the city or another property to construct a street in place of the driveway. Councilmember I<uester questioned if access onto County Road 12 would be given to the property owner to the north. Ms. McPherson stated they would not as the parcel is not large enough to meet the separation requirements by the County Access Management Plan. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-75 GRANTING FINAL PLAT APPROVAL FOR BELMONT ESTATES, CASE NO. P 04-17. MOTION CARRIED 5-0. 6.6. Consider Request bv lohn Plaisted for Administrative Subdivision iJ3erglove Proper\)(.) Public Hearing-Case No. AS 04-06 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated the applicant is requesting to subdivide a parcel into two lots in order to build a twinhome. She discussed trees, lot and structure layout, grading, drainage, utilities and the Park and Recreation Commission's recommendation. Ms. McPherson stated that one of the lots does not meet the lot width requirements (80 foot minimum) and will need to go before the Board of Adjustments for a variance. She stated the applicant is proposing a 60 and a 97 foot lot width but that there would be enough room to do an 80 and 77 foot lot width. Ms. McPherson further stated that a retaining wall on one side of the property may cause some building code issues. Mayor Klinzing opened the public hearing. John Plaisted, applicant, 12750 182nd Avenue-Stated if the homes were closer together he would be saving more trees on the property. He stated that the slope by the retaining wall could be filled to avoid the building code issue. Mayor Klinzing closeq the public hearing. Councilmember Motin questioned the timing of the Council reviewing the administrative subdivision when one lot will be unbuildable. He suggested that this item be tabled until the Board of Adjustment rules on the variance. Ms. McPherson stated that the applicant would have to agree to waive the statutory deadlines. Mayor Klinzing asked the applicant if he understood that he may receive an administrative subdivision at tonight's meeting but that it was not a guarantee that one of the lots would be buildable because it did not meet the lot width requirements. She told the applicant that he must still go through the variance process and that there is no guarantee that he will receive the variance. She stated that staff is recommending denial of the variance. The applicant indicated that he understood the process and did not want to extend the statutory deadline. City Council Minutes September 20, 2004 Page 5 ----------~------------------ Dana Anderson, Planning Commissioner-Stated that he thought the process of bringing the administrative subdivision to Council before the variance was approved by the Board of Adjustments was a backward process. He felt the item should have gone to the Board first. He stated that the Board would feel negative pressure as the administrative subdivision was already approved at the Council level. Mayor Klinzing stated that the applicant is asking the Council to look at the administrative subdivision request and the Council must review it by a certain statutory timeframe. She stated the applicant understands that the variance may not pass and that the property will subsequently not meet the conditions of the administrative subdivision request; therefore the property would remain as one whole parcel. She further stated there is no variance request until the administrative subdivision is approved. Councilmember Morin questioned whether the city has ever approved a non-conforming lot split in tbe past. Ms. McPherson stated yes and further stated that when approving an administrative subdivision the Council can grant variances for subdivision standards but not for zoning requixement standards. Mayor Klinzing stated the city could approve any administrative subdivision of land an owner may request whether it is buildable. She stated the approval of the request does not automatically mean the lot is buildable. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE AN ADMINISTRATIVE SUBDMSION TO JOHN PLAISTED BASED ON THE FOLLOWING CONDITIONS: 1) IN GRANTING THE SUBDIVISION, THE CITY ACKNOWLEDGES THAT THE LOT WIDTH REQUIREMENT OF THE RIC DISTRICT WILL NOT BE MET BY ONE LOT. A VARIANCE WILL BE REQUIRED TO BUILD ON THE SMALLER LOT, WHICH VARIANCE SHALL BE TO SMALLEST EXTENT POSSIBLE. 2) PARK DEDICATION SHALL BE PAID FOR ONE LOT. 3) SURFACE WATER MANAGEMENT FEES SHALL BE PAID FOR ONE LOT. 4) THE RETAINING WALL SHALL MEET THE SETBACK FROM LAKE ORONO. MOTION CARRIED 5-0. 6.7. Request by Vanman Architects & Builders for Conditional Use Permit for Expansion to Existing Building Public Hearing:- Case No. CU 04-22 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting a conditional use permit to construct a storage building. He discussed setbacks, building elevations, grading, drainage, and the Planning Commission's recommendation. City Council :Minutes September 20, 2004 Page 6 ---~~------------------------ Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE A CONDITIONAL USE PERMIT TO VANMAN COMPANIES WITH THE FOLLOWING CONDITIONS: 1) THE COLOR OF THE PROPOSED BUILDING SHALL MATCH THE EXISTING BUILDING. MOTION CARRIED 5-0. 6.8. Request bv Orrin Thompson Homes for Rezoning of Miske Properly from RId (Single Family Residential) to PUD (planned Unit Development~ Public Hearing- Case No. ZC 04- 06 6.9. Request by Orrin Thompson Homes for PreliminaJ;y Plat Approval of River Park (}.fiske Properly~ Public Hearing- Case No. P 04-09 6.10. Request by Orrin Thompson Homes for Conditional Use Permit for Residential Planned Unit Development (Miske Proper\y~ Public Hearing- Case No. CU 04-15 Senior Planner Scott Harlicker submitted the staff report. Ray Baird, representing Orrin Thompson Homes-Provided an overview of the home styles and reviewed the site plan. He stated that many changes have been made to this plat since the Planning Conunission's recommendation of denial. Mr. Baird stated the forest and prairie land would remain untouched. Mr. Baird stated that there is no connection to Sunset Ridge development in this revision. He discussed the donated land for the school, the fire station, and well house. Mr. Baird explained the mix of townhomes and homes. He stated that his product is a lifestyle package that would create a diverse community for all incomes levels. Mr. Harlicker stated t1>at the applicant is requesting a zone change, a preliminary plat, and a conditional use permit for a 608 unit planned unit development. He discussed density, lot layout, street design, parks and open space, trails, landscaping, and environmental issues. Mr. Harlicker stated that right-of-way was provided into the Sunset Ridge Development for a street connection and it is staff's recommendation to have this connection to provide connectivity between neighborhoods and to make city services easier for maintenance and services workers. He ~eviewed the Planning Conunission's action for denying this plat. Mayor Klinzing opened the public hearing for the zone change, the preliminary plat, and the conditional use permit. Leland Bendix, 19104 Lincoln Street-Stated he has concerns about drainage into his development. He is also concerned about increased trafflc on County Road 13. Mr. Maurer explained that it is city policy to not allow the discharge of water to run off of one development into another. He stated that detention ponds will be created to hold the water. Pat Holzem, 19019 Davis Street-Stated concerns about County Road 40 improvements and the assessments applied to property owners. He also stated concerns about the school site. City Council ?vfinutes September 20, 2004 Page 7 --------~-~------------------ Greg Lien, 19147 Lincoln Street-Stated the development should not have townhomes. He stated the property is zoned residential. :Mr. Lien stated the proposed plat is not consistent with the surrounding areas. He stated he thought it was the intent of the city to only allow townhomes as a buffer between commercial and industrial areas. He also stated concerns about wildlife and increased traffic. Mr. Lien stated he is opposed to rezoning this plat. Tom Booker, 19138 Lincoln Street-Stated that Sunset Ridge has 24 homes on 80 acres and that the proposed plat would not be consistent with Sunset Ridge. He is also concerned with increased traffic in the area. Ron Bratlie, representing the School District-Stated concerns about access to the school site. He stated the traffic pattern of buses would have to go through residential areas. He stated the school site is too small and is located near power lines. Bob Yaegger, 1440 Arcade Street-Stated he is representing Ed Dulek, a developer working on a development proposal on the east side of County Road 40. He stated that Ed is not against the project. Patty Crepeau, 19160 Lincoln Street-Stated concerns about power lines near the school site. She is concerned about their high priced homes being located next to cheap homes. She stated that the proposed plat does not blend with the surrounding communities. Neil Steamer, 19199 Kennedy Street-Stated the proposed plat is not consistent with the surrounding communities. He expressed traffic concerns. He stated he had a realtor appraise his home with the proposed plat and was told his value would drop $30,000-40,000. Judy Green, 19110 Kennedy Street-Stated concerns about traffic backing up at Main Street and 181st Avenue. She stated it is difficult to get across the traffic lanes in this area. Pat Bolsky, 19172 Kennedy Street-Stated concerns regarding access on County Road 13. He stated that if more citizens knew of the proposed development they would be opposed tOlt. Dr. Howard Johnson, 19184 Lincoln Street-Stated Sunset Ridge does not have street lights and sidewalks so the development is very dark and pedestrians have to walk in the street; and therefore he is concerned about adding more traffic to these roads. Dr. Johnson suggested an "emergency vehicle access only" gate through Sunset Ridge to the proposed plat. He stated the street infrastructure can't support the housing. Dr. Johnson stated the burden will be on residents through increased taxes for schools. He stated his taxes went from $2,000 to $4,000 within a few years. He stated if the value decreases on his home that will also be money out of his pocket. Linda Schmeling, 18753 Cleveland Street-Stated that the city has had a lot of discussion regarding reconstruction of County Road 40 and as a resident on that street she has never been contacted for input. She stated that her side of the road will not have curb and gutter and she is concerned about water runoff. She expressed concerns about the school location near power lines. She stated she is against townhomes and the density of the project but she is not opposed to development of the area. She stated she is willing to work with the city on developing her property on the east side of County Road 40. Mary Miske, 10078 County Road 13-Stated she is insulted by some of the comments made at this public hearing. She stated she doesn't feel that people in one development are better City Council Minutes September 20, 2004 Page 8 ----------------------------- than people in another development. She stated that if this proposed development does not get approved, then her property value will go down. She stated she is in favor of the development and that if Sunset Ridge residents are concerned about the lighting and lack of sidewalks in their development they could petition the city to have them installed. Frank Miske, 10078 County Road 13-Stated that residents in Sunset Ridge should want the access through this plat to County Road 40. He stated that he always drives south on County Road 40 to County Road 12 rather than using County Road 13. He stated that everyone should be welcomed to Elk River. Greg Lien-Stated that residents are not opposed to the development but they don't want the zone change. He stated it should be sent back to the Planning Commission under Rid. Todd Dalley, 19161 Kennedy Street-Stated traffic concerns. Kelly Dalley, 19161 Kennedy Street-Stated the proposed lots are too small and don't fit in with the surrounding area. Mayor Klinzing closed the public hearing. Mayor Klinzing stated that she is opposed to townhouses in this development. She stated the City Council recently reviewed the ordinance on townhomes and restricted them as a buffer use between commercial and industrial areas. She stated that due to the loss of townhouses to the developer the city may lose the enhancements (the sites for the school, fire house, etc). Mayor Klinzing stated developers usually give property near power lines away to public entities because they can't sell them. Mayor I<J.inzing stated she is opposed to the rezoning of the parcel. She stated there is too much density in this plat (twice what it is zoned). Counci1member Motin stated he could not support this plat for many of the same reasons listed by the Mayor. He stated the Miske parcel will be developed by someone. He stated that at some point in the past history this parcel may have been zoned Ria and bas since changed to Rid. He does not want to see it rezoned again to a denser project. Councilmember Morin stated that when County Road 12 was reconstructed it was not done wide enough to support traffic. He stated the school site is land that would not be acceptable to the developer. He is also concerned about buses running through the residential areas. He would like to see the scboollocated near County Road 13 and County Road 40. Councilmember Tveite stated he is not opposed to rezoning to PUD as the development would come with enhancements. He stated the city would like to assist the school and help relieve taxes by giving property to the school district. He stated that it is not a benefit to offer property to the school when they don't want it. Councilmember Tveite stated a connection through Sunset Ridge would make it easier for the city to provide services. He stated he is not opposed to townhomes and would be willing to give some density bonuses. City Council .Minutes September 20, 2004 Page 9 ----------------------------- Councilmember Kuester stated concerns about the traffic controls on County Roads 40. Mr. Maurer stated that stop signs would be at both ends with a turn lane configuration located at the north end of County Road 40 with County Road 13. Councilmember Kuester stated the connection to Sunset Ridge would help with snowplowing and garbage services in the city. She stated she would rather see the connection to the school site made through K_ennedy Street rather than County Roads 13 or 40. She stated she didn't like the lodge style homes. She didn't mind the Village style home and thought it would be a good buffer between the busy intersection of County Roads 13 and 40. She stated concerns about the density of the project. Councilmember Dietz stated he concurred with Councilmember Tveite. He stated he would have preferred the Planning Commission to review the significant changes that have been made to the plat. He stated he would like to see the school remain in this project. He stated he has no interest in expanding the Urban Service District. Councilmember Tveite stated he has no interest in expanding the Urban Service District. City Attorney Charlie Wilson stated that if the Council plans to deny the zone change, staff created a draft resolution for the denial. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT A RESOLUTION DENYING THE PROPOSED ZONE CHANGE FROM RID TO PUD FOR RIVER PARK, CASE NO. ZC 04-06. Councilmember Kuester and Dietz clarified that they are not opposed to the rezoning but are opposed to the plat. Mayor Klinzing stated she is opposed to the PUD zone change and would like the parcel to remain R1d with 14,000 sq. ft. single family homes. Lee Johnson, with Orrin Thompson Homes-Stated that up until a week ago his company was under the impression that the School Board considered the proposed school site as a good location. He stated that townhouse citizens are not second class citizens. lv1r. Johnson stated he would be willing to work with the city on revising the plat. He stated he needed guidance as to the density mix the Council would like to see in this plat. He stated he would like this item tabled so he can revise it and then have it sent back to the Planning Commission for review rather than havmg it denied. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO CONTINUE CONSIDERATION OF THE MOTION TO DENY THIS ITEM AND TO HAVE THE PROJECT GO BACK TO THE PLANNING COMMISSION FOR REVIEW AND MODIFICATION (WITH A CONDITION THAT THE WAIVER WILL BE IN WRITING). Councilmember Motin questioned the statutory timing deadline rule. Ms. McPherson stated the applicant should submit a waiver in writing that they agree with waiving the statutory time deadlines. City Attorney Charlie Wilson stated that any waiver must be in writing. City Council1vfinutes Septembet 20, 2004 Page 10 -------~--------------------- Councilmember Motin questioned if a condition could be added to the motion stating the tabling is based on the applicant submitting the waiver. Mr. Wilson stated it should be added. Councilmember Tveite stated he would be acceptable to the amendment to the motion. MOTION CARRIED 5-0. The Council took a break from 9:15 p.m. to 9:30p.m. Mr. Wilson stated that a clarification was needed on the motion that was in progress when this item was continued. He asked if it was Council's intent to send the item back to the Planning Commission or whether it was the motion to adopt the resolution denying the zone change that was supposed to be tabled and sent back. Mr. Klaers stated his understanding was that when the plat came back to the Council, there would still be the motion to deny the plat on the table. Mayor Klinzing stated this is correct. She stated she could not withdraw the tabling motion. She stated that the Council could vote on the motion now. Mr. Klaers stated that as another option, when the revised plat comes back to Council the Council could withdraw the motion at that time and then deal with the revised proposaL Mayor Klinzing stated that was possible. Mayor Klinzing stated that because Item 6.10. did not get approved tonight the Council does not need to act on 6.9. and 6.10. 6.11. Planning Activities Update Director of Planning Michele McPherson provided an update of Planning Department activities. She stated that staff is in the process of preparing an ordinance amendment regarding bed and breakfast establishments. 6.12. Consider Line Avenue Cul-de-sac (at County Road 13) City Engineer Terry Maurer provided background information on why the city decided not to cul-de-sac Line Avenue. Councilmember Motin stated that Line Avenue should have a cul-de-sac at some point in the future but it is premature to put it in now. He stated that the reason the cul-de-sac was delayed was because there are not enough east-west corridor routes through the city. He stated there haven't been any issues with traffic in this area. Councilmember Dietz stated that this route has turned into a short cut for traffic. Councilmember Tveite concurred. Mayor Klinzing stated that currently there is not a traffic issue in the area. She stated that Line Avenue was to remain open until there was another east-west route. She stated that 193rd Avenue is planned as a future east-west corridor. City Council :Minutes September 20, 2004 Page 11 ------_.-----------~--------- MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO INSTALL A CUL-DE-SAC AT LINE AVENUE AND TWIN LAKES ROAD. MOTION CARRIED 3-2. Mayor Klinzing and Councilmember Morin opposed. Councilmember Morin expressed concern about sending traffic down Twin Lake Road to a stop sign at County Road 12. He questioned if a stop light could be installed prior to closing Line Avenue. Mr. Maurer stated it could take Sherburne County up to nine months to get a signal installed. He stated the county would need a traffic CQunt and it would also depend on their funding. He stated that most likely the project would not be done trus year and that there are other issues that need to be reviewed before closing Line Avenue. 6.13. Consider Resolution Orderin~ the Feasibili", Study for the 2005 Street Reconstruction Proiect City Engineer Terry Maurer stated that as part of the Pavement Rehabilitation Program,S'" Street, Tipton Street, and Upland Avenue are scheduled for street reconstruction in 2005. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 04-76 FOR THE CITY OF ELK RIVER ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE PAVEMENT MANAGEMENT STREET IMPROVEMENT OF 2005. MOTION CARRIED 5-0. 7.1. Parks & Recreation U pda te Parks and Recreation Director Bill Maertz provided an update on park development, park projects, tobacco use policy in parks, and recreational programming. Councilmember Dietz questioned how the tobacco policy would be enforced. Mr. Maertz stated it would be voluntary and there would be signage at the parks. Councilmember Kuester questioned what the status was of the drained wetland in Woodlands Park. Mr. Maertz stated he is working with Steve Rohlf on this issue. He stated that a sanitary grade pipe may be installed, which would fill the wetland to the correct level. 7.2. NCDA Update Mr. Harlicker provided an update of the Northstar Corridor Development meeting held on September 2, 2004. 7.3. YMCA Update City Administrator Pat Klaers provided an update of the Northstar YMCA Community Board meeting held on September 9, 2004. He stated the YMCA cliscussed the school field house proposal and questioned if the city would still be supporting the YMCA programs. Mr. IClaers stated that the YMCA may be looking to select a site by the end of the year. City Council Minutes September 20, 2004 Page 12 ----------------------------- 7.4. HRA Update Councilmember Motin provided an update of the Housing and Redevelopment Authority meering held on September 7, 2004. Councilmember Morin stated the HRA doesn't have an interest in the properties for sale along Main Street near Gates Avenue because there is another property in between that is not for sale. He stated the HRA was hoping that a developer would get involved. Councilmember Morin stated not much is happening on the downtown revitalization project. He stated that he is disappointed in the city's TIF attorney in dropping the ball on an issue that has come to light regarding a condition of a TIF district in which the properties must be contiguous. He stated that the TIF project now has to be extended to include Nadeau's through the Cinema building even though there is no intent to redevelop part of this area at this time. He stated it is a technicality that must be met in order to qualify for the TIF financing on the Jackson and Bluff Block projects. 7.5. Reschedulinr ofTIF District #22 Public Hearinr to November 1 2004 MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO RESCHEDULE THE PUBLIC HEARING FOR THE MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT TIF DISTRICT lAND THE ESTABLISHMENT OF A TAX INCREMENT FINANCING PLAN FOR DOWNTOWN PHASE 1 TAX INCREMENT FINANCING DISTRICT 22 AND THE AWARDING OF A BUSINESS SUBSIDY. MOTION CARRIED 5-0. 8. Other Business 8.1. Homecominr Parade Councilmember Dietz questioned the Council if they were interested in participating in the homecoming parade on Friday night. He stated they need to meet at St. Andrews Church at 5:00 p.m. The Council indicated their interest in attending and they requested staff to order candy and have the old fire truck available. The Council indicated that to spend city funds on candy for the parade was a public purpose expenditure. 8.2. Public Safety Building Status Councilmember Dietz questioned the status of the geothermal system issues at the Public Safety building. Mr. Klaers stated that preliminary reports and letters have been received from Nelson- Rudie. He stated that the feedback has been that the cost is as expected and the city is using a lot of gas. He stated that the city was directed to review certain maintenance procedures. Councilmember Dietz stated he would like this issue added to a future agenda. City Council :Minutes September 20, 2004 Page 13 ----------------------------- 9. Staff Updates Ms. McPherson distributed information regarding the establishment and costs associated with quiet zones along railroad tracks. She stated that the request came from MetroPlains and the costs would be the city's responsibility. She stated that it is very cosdy to establish quiet zones. Councihnember Morin requested that this information be distributed to the HRA. 10. Adjournment There being no further business, Mayor Klinzing adjourned the meering of the Elk River City Council at 10:20 p.m. Minutes prepaxed by Tina Allard 9f-J '7fl~ !./ J Dan Schmidt City Clerk