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4.6 /.4 JOINT MEETING OF THE ELK RIVER CITY COUNCIL AND THE PARK AND RECREATION COMMISSION • HELD AT THE ELK RIVER CITY HALL - TRAINING ROOM MONDAY , APRIL 26, 1999 Councilmembers Mayor Klinzing, Councilmembers Dietz, Farber, Motin, Present: and Thompson Councilmembers Absent: None Park and Recreation Commissioners Present: Chair Huberty, Commissioners Dave Anderson, Dana Anderson, Kuester, Peterson, Reitsma and Westrum Park and Recreation Commissioners Absent: Commissioner Olson Staff Present: Pat Klaers, City Administrator; Phil Hals, Street/Park Superintendent; Steve Rohlf, Building & Zoning Administrator; Steve Wensman, Planner; Peter Beck, City Attorney; Debbie Huebner, Recording Secretary 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 6:05 p.m. by Mayor Klinzing. 2. Consider 4/26/99 Agenda The following items were added to the Council agenda: • Item 4.0. -Art Soup • Councilmember Thompson item under "Other Business" -To be considered after Item 4.6. COUNCILMEMBER FARBER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 4/19/99 CITY COUNCIL MINUTES-APPROVED 3.2. CHECK REGISTER-APPROVED 3.3. PAY ESTIMATE NO. 1 - EASTERN AREA IMPROVEMENTS - APPROVED 3.4. CONSIDER MASSAGE THERAPIST LICENSE FOR TERESA DAHLMAN -AVALON - APPROVED • COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Joint City Council/Park and Recreation Commission Minutes Page 2 April 26, 1999 • 4.0. Art Soup 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 OUTLETTING INTO THE REMAINDER OF COUNTY DITCH #10. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Erosion Control for Single 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 addressed through the developer's agreement for new plats. Existing plats will • continue to be addressed through the current policy. Steve noted that the Planning, Street and Building Departments have all endorsed the recommended changes. Joint City Council/Park and Recreation Commission Minutes Page 3 April 26, 1999 • Mayor Klinzing questioned what the expense would be for street sweeping. Phil Hals, Streets/Parks Superintendent, indicated that the current charge is $65 per hour for street sweeping. He noted that he did not feel the developers would have a problem with the charge, and would save them the trouble of having to locate a sweeper and operator themselves. COUNCILMEMBER FARBER MOVED APPROVAL OF THE REVISED POLICY REGARDING EROSION CONTROL FOR SINGLE FAMILY HOME CONSTRUCTION ON URBAN LOTS FOR NEW PLATS, TO BE ADDRESSED THROUGH THE DEVELOPER AGREEMENT, AND, THAT THE POLICY BE REVIEWED IN ONE YEAR. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Recommendation on the Creation of Heritage Preservation Commission Steve Rohlf explained that at the October 12, 1998 City Council meeting, the Council directed staff to investigate the creation of a Heritage Preservation Commission (HPC). He indicated that the draft ordinance amendments included in the memo to the Mayor and City Council dated April 26, 1999, will need to be adopted in order to create the HPC. Mayor Klinzing questioned how the ordinance amendments were created. Steve Rohlf indicated that the ordinance amendments were modeled using the language in the city code for other boards and commissions. Mayor Klinzing indicated she felt the language regarding the commission's purpose should be III modified, so that it does not appear that the primary purpose of the Heritage Preservation Commission is acquiring property. Councilmember Motin asked what the benefit would be to create the commission. Steve Rohlf indicated that the benefits would include the following: • establishing credibility to preservation efforts, • making the city eligible for funding sources, • placing the city in a proactive position for identifying and preserving our heritage. Steve noted that the Planning Commission will hold a public hearing and make a recommendation on the ordinance amendments. COUNCILMEMBER DIETZ MOVED TO ORDER A PUBLIC HEARING FOR THE PROPOSED ORDINANCE AMENDMENTS TO CREATE A HISTORIC PRESERVATION COMMISSION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Motin abstained. 4.4. Wild and Scenic River Ordinance Update Steve Rohlf reviewed the history of the Wild and Scenic River Ordinance and the impact on commercial and residential property located within the Wild & Scenic District. Steve explained that he has been attending meetings of the DNR to consider proposed changes to the ordinance. Steve reviewed proposed • amendments modifying the city's Wild and Scenic River ordinance, which would address non-conforming businesses. Peter Beck, City Attorney, indicated that upon Joint City Council/Park and Recreation Commission Minutes Page 4 April 26, 1999 • adoption of the ordinance amendments by the City Council, the ordinance will be presented to the DNR, and the city can begin the implementation process. Councilmember Motin asked why new non-conforming businesses have been allowed. Steve Rohlf explained that there are conflicting regulations, even in the DNR's own ordinances. Peter Beck noted that all new projects were submitted to the DNR and approved. COUNCILMEMBER FARBER MOVED THAT STAFF PROCEED WITH THE PUBLIC HEARING PROCESS TO AMEND THE CITY'S WILD AND SCENIC RIVER ORDINANCE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Steve Rohlf advised the City Council of a situation in which a property owner has bulldozed down a number of trees in a very sensitive area of property located within the Wild & Scenic River District off east Highway 10. Steve and City Attorney Peter Beck discussed possible alternatives to correct the situation. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE STAFF AND THE CITY ATTORNEY TO BEGIN CRIMINAL PROCEEDINGS AGAINST THE PROPERTY OWNER FOR VIOLATIONS OF THE CITY'S ORDINANCE REGARDING PROPERTY IN THE WILD & SCENIC RIVER DISTRICT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE • A RESOLUTION FOR CONDEMNATION OF PROPERTY IN THE WILD AND SCENIC RIVER DISTRICT, AND TO AUTHORIZE NEGOTIATIONS WITH THE PROPERTY OWNER IN VIOLATION OF THE CITY'S ORDINANCE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. a. Director of Planning Update City Administrator Pat Klaers indicated that he and the review committee are recommending Michele McPherson for the director of planning position. COUNCILMEMBER THOMPSON MOVED TO AUTHORIZE THE HIRING AND NEGOTIATIONS REGARDING SALARY AND BENEFITS FOR THE EMPLOYMENT OF MICHELE MCPHERSON FOR THE DIRECTOR OF PLANNING POSITION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5- 0. b. Liquor Store Manager Update Pat Klaers indicated that there are some issues still under negotiation with the top candidate for the liquor store manager position. It was the consensus of the Council to continue the meeting to 5:55 p.m. on Thursday, April 29, 1999, prior to the Board of Review meeting, at the Sherburne County Government Center, to make a decision on the position. • Joint City Council/Park and Recreation Commission Minutes Page 5 April 26, 1999 • 4.6. Update on the Healthy Community Partnership Program-Mayor Klinzing Mayor Klinzing indicated that the group is in the process of organizing and establishing a focus for the City of Elk River and where it is going. She indicated that the group will discuss a strategic plan and she expects the process will take approximately 2 years. Mayor Klinzing indicated she will keep the Council updated on their progress. Councilmember Motin expressed an interest in serving on the committee as a city representative. 5. Open Mike There was no one present for Open Mike. 7. Other Business 7.1. Island View 5th Addition Plat Decision Councilmember Thompson indicated that he met with the developer of the Islandview 5th Addition regarding the Council's decision to deny approval of the plat. He felt it would be appropriate to allow the developer to present the plat again, with revisions he has made to the plans. COUNCILMEMBER THOMPSON MOVED TO RECONSIDER DENIAL OF THE ISLANDVIEW 5TH ADDITION PLAT REQUEST BY DYNAMIC DESIGN AND LAND CO. ON MONDAY, MAY • 24, 1999, AT 6:00 P.M., AND, THAT ALL RESIDENTS ON ISLANDVIEW DRIVE BE NOTIFIED OF THE PUBLIC HEARING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Park and Recreation Commission Goals Chair Huberty and Commissioner Kuester reviewed the Park and Recreation Commission's 1998 and 1999 goals as outlined in the staff report dated April 26, 1999. 6.2. East Side of Highway 169 Planning a. Pedestrian Bridge The Park and Recreation Commissioners discussed the need for trail connections to the proposed pedestrian bridge over Highway 169. b. Trail Connections The City Council and Park and Recreation Commissioners discussed the need for a trail along Proctor Avenue. Mayor Klinzing noted that the street is actually a county road, there may not be enough right of way for a sidewalk. Staff will research the issue. A discussion followed regarding the need for a trail along Dodge Avenue to • connect with the pedestrian bridge. Joint City Council/Park and Recreation Commission Minutes Page 6 April 26, 1999 IIc. City/School District Partnership Mayor Klinzing indicated that the District #728 School Board is considering a piece of property in east Elk River for the possible location of a school. She explained that the board has expressed an interest in a joint partnership for park land with the City of Elk River, similar to what was done in Rogers. She noted that the school district is also looking at property in Burns Township. Mayor Klinzing stated that no further information is available at this time and the Council and Commission will be informed of any further development. 6.3. BMX Park Commissioner Reitsma discussed the proposal for a BMX facility. He reviewed the Commission's concerns with the Hillside Park site including water, parking and electric service. He felt that the Elk River Youth Athletic Complex site may be a more desirable option, since these services are already available. Discussion followed regarding the Hillside site versus the youth fields site. Chair Huberty indicated that the Park and Recreation Commission will be making a recommendation at their May meeting, following a presentation by the BMX group. 6.4. Hillside 5th Park Commissioner Dana Anderson explained the history of the Hillside 5th Addition park • concept. Discussion followed regarding the concerns of the neighbors, the need for park land in this area, and if it was appropriate to change the park concept plan at this time. The issue was unresolved. Further discussion of this item will coincide with development of the Hillside Estates 8th Addition, which has been postponed indefinitely. The Council and Commissioners were in agreement it would be desirable to purchase a parcel of property east of the Hillside Estates area for park land, if such a parcel became available and the cost was reasonable. 6.5. Open Space Development/Tree Preservation Commissioner Dave Anderson expressed the Park and Recreation Commission's support for the proposed open space subdivision ordinance. He also spoke regarding the Commission's desire for work to begin on a tree preservation ordinance. 6.6. Consider Recommendation on Use of Park Dedication Fees and Equipment Reserves COUNCILMEMBER DIETZ MOVED TO APPROVE THE EXPENDITURE OF $57,600 FOR PARK IMPROVEMENTS AS RECOMMENDED BY THE PARK AND RECREATION COMMISSION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PURCHASE OF A GRASS SEEDER • USING EQUIPMENT RESERVES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Joint City Council/Park and Recreation Commission Minutes Page 7 April 26, 1999 • 6.7. Update on Youth Athletic Complex Commissioner Dana Anderson updated the City Council on the development of the Elk River Youth Athletic Complex (ERYAC). 6.8. Council Issues and Other Discussion Items Mayor Klinzing indicated that the Park and Recreation Commission will be updated on possible sites for a commuter train station when more information is available. The City Council and Park and Recreation Commissioners discussed the use of Lion's Park and ownership issues. Phil Hals explained a method of removing some of the peat, placing mesh over it and covering with sand to stabilize the soil for soccer use. Councilmember Dietz asked if the soccer fields at Meadowvale School were completed. Phil Hals indicated that the fields are in an irrigation has been installed. Pat Klaers indicated that the Elk River Country Club requested that they be placed on the May Park and Recreation Commission agenda to discuss a possible land exchange with the City of Elk River. Pat reviewed the 1993 Council and Commission discussion on this topic. 7. Other Business • 7.2. MSA Routes COUNCILMEMBER DIETZ MOVED APPROVAL OF RESOLUTION 99-33, A RESOLUTION REVOKING MUNICIPAL STATE AID STREETS-MSA 128- BALDWIN AVENUE FROM 5TH STREET TO 3RD STREET; AND MSA 128- BALDWIN AVENUE FROM 3RD STREET TO MAIN STREET. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 99-34, A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS- 165TH AVENUE FROM TH 10 TO A POINT 1.06 MILES EAST OF TH 10. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Mayor Klinzing continued the meeting to Thursday, April 29, 1999, at 5:55 p.m. (Time: 10:00 p.m.) Li1`u'� - Debbie Huebner Recording Secretary i