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07-05-2005 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 5, 2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Pat Klaers, City Engineer Terry Maurer, Street Superintendent Phil Hals, and Recording Secretary Jessica Miller 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 07/05/2005 Agenda Discussion on Trout Brook Farm wetland complex was added as item 5.1.A. and the Update on Upland Avenue was changed to item 5.1.B. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent Agenda City Administrator Pat Klaers noted that staff has requested that the word “plan” be changed to “resolution” in the second motion under item 7.1. of the June 20, 2005 minutes. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. JUNE 20, 2005 CITY COUNCIL MINUTES WITH CHANGE 3.2. CHECK REGISTER 3.3. TOBACCO LICENSE FOR JOSHUA LUND – JACKSON EXPRESS CONTINGENT UPON TAXES BEING PAID IN FULL 3.4. TEMPORARY ON-SALE LIQUOR LICENSE FOR CHURCH OF ST. ANDREW 3.5. HIRE ANGELA HANSKE AS LAW CLERK INTERN 20 HOURS A WEEK AT A RATE OF $13.00 PER HOUR BEGINNING JULY 6, 2005. 3.6. REQUEST FOR LANDFILL ABATEMENT FUNDS BY THE BOYS & GIRLS CLUB MOTION CARRIED 5-0. City Council Minutes Page 2 July 5, 2005 ----------------------------- 4. Open Mike No one appeared for Open Mike. 5.1.A. Trout Brook Farms Wetland Complex City Engineer Terry Maurer provided a brief history of the Trout Brook Farms wetland complex and how the pipes were designed. Mr. Maurer indicated that the wetland was never intended to be an actual pond with pristine water; it was designed to be a type 3 wetland for drainage/detention of water with some vegetation. Mr. Maurer stated the high water level was caused by a combination of a pipe becoming clogged and of a pipe settling. Mr. Maurer explained that the pond level can be restored to about a foot of water above its current lowered level without adversely affecting the drainage of other properties. Mr. Maurer noted that steps will be taken to ensure that the pipes do not settle or become clogged again. Mr. Maurer also apologized if residents believed this was an actual pond because the plugging problem had not been taken care of sooner. Jennifer Mueller, 18306 Tyler Street NW – stated that on behalf of the residents of Trout Brook Farms, they would like to see the pond restored to its previous water level. Ms. Mueller handed out pictures of the pond before and after. She indicated that trees, vegetation, and wildlife died due to the sudden decrease in the pond’s water level and that there is a horrible smell surrounding the pond. She also indicated that residents contacted the DNR and the County and neither entity knew anything about the pond being drained. Ms. Mueller also indicated that she contacted the County Assessor’s office and was told that residents on the pond were assessed higher property values because of their view of the pond. Ms. Mueller presented the Council with a petition of 52 names of residents who would like the pond restored to its previous water level. Mayor Klinzing questioned how quickly residents will see an improvement in the area. Mr. Maurer indicated that improvement should be seen in a couple weeks as vegetation begins to green up around the area. Councilmember Dietz stated that the Council should write a letter to the County Assessor indicating that this was never intended to be a pond and if residents living on or near the drainage pond were assessed higher property taxes that their taxes should be reconsidered. Trisha Shamp, 18300 Tyler Street NW – indicated that the city’s solution to this problem is unacceptable as she and her husband bought their home because of the pond view and they paid a higher lot premium. She stated that they were led to believe it was an actual pond from D.R. Horton. Ms. Shamp also indicated that her property taxes are higher because of the pond view. Mr. Maurer indicated that normally large companies such as D.R. Horton have two sections of the company, one for construction and one for marketing. Mr. Maurer stated both D.R. Horton and their engineering firm were actively involved in the design of this type 3 wetland and so they knew it was not meant to be an actual pond. Steve Larsen, Brooklyn Park – indicated that he and his wife are looking to build a home in Trout Brook Farms and they are being charged a higher lot premium because of the pond City Council Minutes Page 3 July 5, 2005 ----------------------------- view and now the view is gone. He stated that they wanted to come to Elk River because it was beautiful but now they may chose not to. Councilmember Motin questioned if the pipe can be raised to allow two-feet of water back into the pond. Mr. Maurer indicated that it cannot because it would compromise the way the drainage system was designed and other areas of the development would flood in a large rainfall event. Holly Larsen, Brooklyn Park - stated that the system drained efficiently once the city staff unplugged the pipe and so she believes it would drain efficiently in a 100 year rain event. Mr. Maurer explained again how the system was designed and why the water level can only be raised to about one foot. Mayor Klinzing stated that the Council cannot take action that would cause drainage problems for other houses in the area. Councilmember Motin indicated that he is disappointed that it took the city so long to fix the problem. Councilmember Dietz questioned if the DNR should have been notified that the drainage was going to take place. Mr. Maurer indicated that he didn’t believe they would need notification because they are aware that the pond is actually a type 3 wetland but he will contact them. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO SEND A LETTER TO THE COUNTY ASSESSOR INDICATING THAT THE TROUT BROOK FARMS POND WAS DESIGNED AS A TYPE 3 WETLAND FOR DRAINAGE/DETENTION AND WAS NOT INTENDED TO BE AN ACTUAL POND AND THAT IS PROPERTY VALUES WERE ASSESSED HIGHER BECAUSE OF THE POND VIEW, THEY SHOULD BE RECONSIDERED. MOTION CARRIED 5-0. Councilmember Motin questioned if the wetland could be dug deeper to hold more water. Mr. Maurer indicated that in theory it could be dug out to be a type 4 wetland but that it would be difficult to get equipment in there to dig. He also indicated that a permit would be needed from the DNR and the Corp of Engineers. Mr. Maurer stated that the Corp of Engineers does not give permits easily for type 4 wetlands. Mayor Klinzing questioned who owns the property. Mr. Maurer stated that he believes it is a small outlot owned by Trott Brook Farms with easements which allows the city the right to go in and maintain the drainage pipes. Mayor Klinzing apologized if the residents were led to believe this was an actual pond rather than a wetland but she stated that the city has corrected the drainage problem and the Council will write a letter to the County Assessor regarding the property values in the area. 5.1.B. Update on Upland Avenue Sidewalk – Jim Raivala Property City Engineer Terry Maurer explained that Mr. Raivala’s property is part of an Auditor’s Subdivision and a portion of his property description goes to the centerline of Upland Avenue and that the city would have prescriptive rights to rebuild the roadway in this area City Council Minutes Page 4 July 5, 2005 ----------------------------- but does not have the legal right to add a sidewalk behind the curb line. Mr. Maurer stated that he met with Mr. Raivala prior to his appearance at the June 20, 2005 Council meeting to discuss various options and since that meeting, he has had conversations with the Planning Department and with Mr. Raivala. Mr. Maurer explained the three options that staff and Mr. Raivala came up with for dealing with the sidewalk issue in priority ranking by Mr. Raivala: Lot Split Mr. Maurer indicated that Mr. Raivala has enough property to split off a 15,000 square foot lot on which his existing home resides which would create a large enough parcel remaining to create a buildable lot. Mr. Maurer stated that this buildable lot would provide additional right-of-way along Upland Avenue to allow the sidewalk to be built. Mr. Maurer noted that because this would create an additional lot, an additional assessment would be charged for that lot. No Lot Split – No Sidewalk Mr. Maurer explained that Mr. Raivala’s second option would be not to split his property and not to have the sidewalk constructed along his property line where the city lacks easements. Mr. Maurer noted that the area in which the city lacks adequate easements is not in front of Mr. Raivala’s property and that the city does have adequate easements to construct the roadway and the proposed 6-foot sidewalk immediately behind the curb in front of Mr. Raivala’s existing home. Mr. Maurer noted that the city could use it’s rights to eminent domain to obtain the right-of-way necessary but that it would be costly. City Purchase of Excess Property Mr. Maurer stated that Mr. Raivala’s third option would be for the city to purchase the remnant property including additional right-of-way along Upland Avenue. Mr. Maurer explained that rather than purchase just the right-of-way, Mr. Raivala’s preference would be to split off a 15,000 square foot lot for his current home to reside on and sell the remaining portion of his property including the additional right-of-way along Upland Avenue to the city. Mr. Maurer noted that this option would provide a small green space in the neighborhood that has several trees on it and views of Lake Orono. Jim Raivala, 441 Upland Avenue – thanked the Council and staff for their time on this matter. Mr. Raivala stated that if the Council is agreeable to the lot split he would like them to consider helping with some of the fees associated such as the park dedication and application fees. He stated that he understands the need for a sidewalk in the area but he feels that giving the city the right-of-way is quite generous. Mr. Raivala also asked that the new buildable lot be granted similar easements as his property. Mr. Maurer indicated that the lot split would take place through an Administrative Subdivision (simple plat) and would only need to come before the Council. He also noted that the person who wishes to build on the new lot would be the one who would have to apply for the variance. Mr. Maurer explained that the issue before the Council tonight is whether or not the lot split is an acceptable offer. He stated that if both parties are agreeable then the details of the setbacks would be brought back before the Council by Director of Planning Michele McPherson at a future Council meeting. Mr. Maurer indicated that if the lot split moves forward the city gains the necessary right-of-way to create a sidewalk so he would be in support of assisting Mr. Raivala with the fees associated. City Council Minutes Page 5 July 5, 2005 ----------------------------- Councilmember Motin indicated that he is in support of the lot split but does not believe that Mr. Raivala should have to pay an additional assessment for the newly created lot. Mr. Maurer stated that he worries that if the additional assessment is not charged then the city is setting a precedent for future assessments. He noted that it is possible the assessment could be deferred to when the lot is sold. Mayor Klinzing indicated that she would like to assess the value of the property the city is getting and take that amount away from the fees Mr. Raivala will be charged. Councilmember Dietz questioned if the assessment can be legally deferred until the lot is sold. He stated that he does not believe it is fair to others who have gone through the assessment process to not assess for the additional lot but he would be in favor of deferring the assessment until the lot is sold. Mr. Maurer indicated that it may be easier for the city to just purchase the 25-feet of right- of-way outside of the city’s prescriptive rights that is needed to put a sidewalk in from Mr. Raivala. Mr. Maurer also asked that the record reflect that the Council reviewed and discussed a concept of a lot split and had no concerns so Mr. Raivala may pursue that if he wishes at a later date. The Council concurred. Mr. Maurer will discuss the issue with Mr. Raivala after the Council meeting and if both parties are agreeable, he will contact someone to assess the value of the property. 5.2. Northstar Business Park – Public Hearing City Engineer Terry Maurer indicated that the Northstar Business Park property is owned by the Economic Development Authority (EDA) and partially by the city. He stated that the purpose of the public hearing is to allow for assessment of the cost to the EDA for the improvements to develop the Northstar Business Park. Mr. Maurer explained that the repayment of the assessments is planned through the use of Tax Increment Financing (TIF) and/or Tax Rebate from development of the lots. Mr. Maurer provided a brief presentation on the conceptual layout of the Northstar Business Park. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Mr. Maurer indicated that the original feasibility study was approved to do the project in three phases but if all three businesses want to come in at this time then all three phases of the project would be completed right away. Mr. Maurer noted that several conceptual layouts were completed by staff and that the one presented is the option that was agreeable to all three perspective businesses. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-73 ORDERING THE IMPROVEMENT IN THE MATTER OF THE NORTHSTAR BUSINESS PARK IMPROVEMENT OF 2005. MOTION CARRIED 5-0. Councilmember Dietz indicated that he would like Director of Economic Development Catherine Mehelich to prepare a memo outlining the procedures for soliciting businesses into city business parks. He stated that he was told that one of the perspective businesses for the Northstar Business Park was negotiating with Elk Park and then all of a sudden the City Council Minutes Page 6 July 5, 2005 ----------------------------- business told them they were working with the city. He would like clarification that the city is offering the same incentives as the private industry. 5.3. Discuss City Council Worksession Agendas City Administrator Pat Klaers reviewed the tentative Council Worksession agendas for July and August. A few items were moved from the July 11, 2005 agenda to the August 8, 2005 agenda. 6. Other Business 6.1. Sherburne County Fair Parade City Administrator Pat Klaers indicated that he has not yet received any notification of the details of the Sherburne County Fair Parade but since the Council has participated in past years he wanted to remind them that the parade is Friday, July 15. Councilmember Dietz indicated that he would like City Clerk Joan Schmidt to provide the Council with the details of their float number, time, and meeting location prior to the parade as she has in the past. The Council indicated that they would like to purchase candy to distribute during the parade. 7. Staff Updates City Administrator Pat Klaers distributed an email from the city’s attorney on the builders lawsuit regarding the ruling for the City of Shakopee versus the Builder’s Association. Mr. Klaers indicated that the city’s attorneys would like to hold an Executive Session on July 18, 2005 to update the Council on the lawsuit. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO CALL AN EXECUTIVE SESSION OF THE CITY COUNCIL ON JULY 18, 2005 AT 6:00 P.M. TO DISCUSS ATTORNEY/CLIENT PRIVELEGE PURSUANT TO MINNESOTA STATUTE 13D.05 SUBD. 3(B). MOTION CARRIED 5-0. - - - - - - - - City Administrator Pat Klaers asked City Engineer Terry Maurer to update the Council on the Carson Business Center project. Mr. Maurer explained that the developers of the area are in the process of finalizing the development plans and the developer plans to begin hauling in approximately 16,000 yards of fill to the southwest corner of Highway 169 and Main Street very soon. Mr. Maurer indicated that staff had a meeting with the developer to discuss travel routes into the development, expectations, etc. during hauling and construction. - - - - - - - - City Administrator Pat Klaers indicated that he has spoken to Greg Albrecht of Sathe Executive Search and all three finalists for the Community Development Director position have been contacted and all are available for interviews on Monday, July 25, 2005. City Council Minutes Page 7 July 5, 2005 ----------------------------- 8. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:12 p.m. Minutes prepared by Jessica Miller. ___________________ Joan Schmidt City Clerk