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7.3. SR 08-09-1999 rei ----'\) ( )j ~li{ ITEM # 7.3. MEMORANDUM TO: Mayor and City Council FROM: Sandra Peine, City Clerk DATE: August 9, 1999 SUBJECT: City Policy for Use of City Property The subject of allowing the use of HRA owned property has been discussed by the City Council on several occasions. During these discussions concerns have been raised as to whether the council should allow HRA property that is on the market for sale to be used for public or private use. . During the April 19 and July 19 City Council meetings, the council talked about drafting a policy regarding the use of HRA property. Attached is a draft policy which affects property owned by the HRA that is being marketed for sale. The policy allows only requests for community events to be considered. The policy requires the applicant to first present the request to staff. Following staff review of the request, it is then presented to the council for consideration. The council has the discretion to allow or disallow the event and also to specify how the property may be used. ACTION REQUESTED Staff is requesting that council review the attached "draft" policy. The council can either amend the policy, adopt the attached policy, adopt an amended version of the policy, or take no action to adopt such a policy. . \ \ elkriver\ sys \ shrdoc \ council\ policy. doc 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 . . . CITY POLICY FOR USE OF CITY PROPERTY This policy pertains only to property owned by the city that is in the process of being marketed for sale. 1. The Council may consider requests for use of city property only if the requested use is considered a community event. 2. Community events are defined as events that provide benefit to, and betterment of, the community as a whole. 3. Each request should first be presented to city staff. Staff will then refer the request to the Council. 4. The Council has the discretion to either allow or not allow the requested use of city property for the community event. 5. The Council has the discretion to stipulate the manner in which the property may be used. \ \ elkriver \ sys \ shrdoc \ council \ commeven.doc . . . 6~[~~~3~ Page 19 7. Other Business East Elk River Condemnation Process City Attorney Peter Beck reviewed the status of the eminent domain process for the eastern area project and distributed a resolution relating to the Eull property. He noted that the Eull property was excluded from the original resolution which was adopted by the council to begin the process. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 99-32 AUTHORIZING EMINENT DOMAIN AND ACQUISITION OF REAL PROPERTY IN ACCORDANCE WITH MINN. STAT. 117.042. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councl mem er Motin questioned whether the city had a policy regarding the use of vacant city property. He indicated that he was referring to the request to have a car show on the HRA King and Main property. He noted that this type of use is a profit making endeavor and questioned if the city should be involved by allowing the use of its land. Council member Thompson questioned what the city's liability was regarding these types of situations. Council discussion pursued regarding the use of vacant city property. It was the consensus of the City Council not to allow any type of private or public use of the HRA property at King and Main Street. COUNCILMEMBER THOMPSON MOVED TO NOT ALLOW USE OF HRA OWNED PROPERTY THAT IS CURRENTLY FOR SALE FOR ANY PUBLIC OR PRIVATE USE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Farber opposed. 8. Staff Updates There were no staff updates. 9. Adiournment There being no further business, Mayor Klinzing adjourned the council meeting at 11 :03 p.m. Sandra Peine City Clerk Joint City Council/Park and ~'onMlnutes . , 999 ------------------ Page 2 . G.o. ............... Art~ Tony Darkenwald and David Raymond, representing the Art Soup Festival Committee, asked the city to allow use of the King and Main HRA site for festival activities. Ms. Darkenwald explained that two large tents would be placed on the site to locate art demonstrations for various age groups. They also requested that the city approve the closing of Jackson Avenue and King Avenue for the Art Soup Festival on June 26 and 27th. Ms. Darkenwald explained that booths will be located in the city parking lot and along Jackson. The "Energy" stage will be located on city property between the Cinema building and the Sunshine Depot featuring a variety of local talent. Councilmember Dietz questioned why King Avenue is shown as being closed off on their sketch. Mr. Raymond indicated that the committee felt it would provide a safer situation for pedestrians going back and forth from the parking lot to the HRA site exhibits. COUNCILMEMBER MOTIN MOVED THAT, RECOGNIZING THE CITY COUNCIL'S PREVIOUS MOTION TO PROHIBIT USE OF THE HRA SITE FOR SCHEDULED ACTIVITIES, TO ALLOW USE OF THE MAIN AND KING FOR THE ARTS SOUP FESTIVAL ACTIVITIES ON A "ONE TIME" BASIS, IN CONSIDERATION THAT TIME CONSTRAINTS WILL NOT ALLOW . CHANGING THE LOCATION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. 4.1. City Acceptance of a Portion of County Ditch # 10 Building and Zoning Administrator Steve Rohlf indicated on a map the portion of Ditch # 10 that Sherburne County will be turning over to the City of Elk River as part of the Eastern Area Improvements. Staff recommends the Council officially accept this transfer. COUNCILMEMBER MOTIN MOVED TO ACCEPT THE TRANSFER OF THAT PORTION OF SHERBURNE COUNTY DITCH #10 TO THE CITY OF ELK RIVER, AS SHOWN ON THE ATTACHED MAP, AND FURTHER, THAT THE COUNTY BE ALLOWED TO CONTINUE OUTLETTlNG INTO THE REMAINDER OF COUNTY DITCH # 1 O. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Erosion Control for SinQle Family Home Construction on Urban Lots Steve Rohlf explained problems with the city's current policy for erosion control during new construction. He reviewed the proposed revised policy, noting that input was provided by developers, the Suburban Northwest Builders Association, and the City Engineer. Steve indicated that staff is proposing to require 2 rows of sod around the entire perimeter of new developments, and silt fencing and rock driveways will only be required on lots with a steep grade to the street. He further proposed that the city's public works department will sweep the streets on a regular basis until a subdivision reaches 75% occupancy. The cost of sweeping the streets will be paid by the developer. Steve indicated that the policy will be ,.,rlrI,o""orl th,l"'\' .,.,h tho rlo\loll"'\"'o,'" ",,,,,oorY'\ont fl"'\' nO'AI ",I,.,t" !:vi"tin,., ",I,.,t" 'Alill . ~~ lW'or G~.C. ouncil Minutes '-- Julv 19, 1:::__ Page 2 . 4.1. Boys and Girls Club Update Council member Thompson updated the Council on the progress of the Boys and Girls Club. Council member Thompson noted the personnel committee is charged with searching for a Boys and Girls Club program director. 4.2. Utilities Commission Update Council member Dietz updated the Council on the issues discussed during the June and July Utilities Commission Meetings. 4.3. Northstar Corridor Update Mayor Klinzing provided an update on the Northstar Corridor Development Authority Meeting of July 1, 1999. Mayor Klinzing noted that there will be a scoping meeting at the Sherburne County Courthouse on July 28, 4-7 p.m. The purpose of the meeting is to gather comments from the public to determine how the corridor will impact the area. ,"~~~"._""""~-'~""""""''';---''''--'''-';-'''-'''''''''''''''''''''-""""'''';-'''-~''''---~~. <~4. _R.~~.:st to U~~ .~~tv Pro~ by H~ri~~e ,F:sti~ / City Clerk Sandy Peine indicated that the city has received a request from the (Heritage Festival to use the city-owned property at King and Main Street for Heritage Festival activities. She noted that Mr. Ed Barder, chairman of the . · Heritage Festival, has requested use of the vacant lot for parking during the / festival on September 18 and 19. . \ \ \\ . _-.t':"; ) / J l I I I ~ . \ , ./ / Mr. Barder addressed the council and indicated that he was just recently advised that the Heritage Festival had already received permission from the city to use the vacant lot on the corner of King and Main Street for parking. He noted that children's games are scheduled to use the parking lot behind Kemper Drug. The City Clerk noted that she was not aware that the Heritage Festival had received permission from the council to use the vacant lot for parking. The City Council discussed the issue. Councilmember Thompson noted that he would prefer to see the vacant lot used for children's games rather than parking. He noted that he did not want to close the parking area behind the businesses during the festival. Mr. Barder agreed that this was a good idea. Councilmember Motin indicated that the council has already authorized by a previous motion that city property not be used for public or private use. He indicated that the council made one exception for the Arts Soup Festival and stated that he feels it is not in the council's best interest to make another exception. Councilmember Dietz stated that he feels the council should make another exception for this event as it is a community festival. He suggested that the council approve an informal policy for the use of city property by community events following council approval. Councilmember Thompson concurred and stated that he felt the Heritage Festival is a community event held for the ~ouncil Minutes 1 Julv 19. 1999 " '-.. .../ betterment of the community. Councilmember Farber concurred with Councilmembers Dietz and Thompson. . /' / ( { " '\ \ \ ! i / .;' ) I ~ -, '- ~ Page 3 COUNCILMEMBER FARBER MOVED THAT AN EXCEPTION BE MADE TO THE MOTION OF APRIL 19, 1999, MADE BY THE CITY COUNCIL REGARDING THE USE OF HRA OWNED PROPERTY CURRENTLY FOR SALE AND FURTHER TO ALLOW THE HERITAGE FESTIVAL TO USE THE PROPERTY LOCATED AT THE CORNER OF KING AND MAIN STREET ON SEPTEMBER 18 AND 19, 1999, FOR THE SPECIFIC USE OF CHILDREN'S GAMES. Discussion was held by the council regarding Councilmember Motin's concern whether the exception to the April 19 motion allowing the Heritage Festival to use this property is a one time exception. Councilmember Dietz suggested that a policy be drafted by the City Clerk for council approval regarding the use of HRA owned property. The Mayor indicated that this policy would be presented to the council for consideration at a future council meeting. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5a. Update on Community Recreation Activities - Michele Berah . Interim Community Recreation Director Michele Bergh updated the City Council on community recreation summer programs. She indicated that the programming is going very well. She also updated the council on the Safety Camp and showed a short video of activities that took place at the Safety Camp. 4.5b. Discussion on Community Recreation Proaram Options . Council member Motin updated the council on issues of discussion at the Community Recreation Board meeting. He indicated that the board has spent much time discussing the three options. He explained that the options are as follows: a.) maintain the status quo of the joint powers agreement; b.) the city of Elk River beginning its own community recreation department; and c.) the community education or school district taking over the programming of community recreation. Councilmember Motin indicated that there has been no consensus of the Community Recreation Board regarding these options. Councilmember Motin questioned the council as to their thoughts regarding whether all three options are viable for the city of Elk River. Mayor Klinzing stated that if all three options were equal in cost to the city, it would make the decision easier. She indicated that her top choice is to go with Option A followed by Option C as she feels this would be best for the public and she indicated she is not willing to rush into forming a parks department. Council member Dietz indicated his choice would include Option A or B. He stated he would rather see the joint powers stay as it is, but if he sees no commitment from the other municipalities to continue, then he would be in favor of Option B. Councilmember Thompson concurred with Councilmember Dietz.