Loading...
08-01-2005 CC MIN . . .' MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, AUGUST I, 2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Pat Klaers, Police Chief Jeffrey Beahen, Director of Planning Michele McPherson, City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, 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 08/01/05 Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES · 7/11/05 REGULAR · 7/18/05 REGULAR · 7/18/05 SPECIAL . 7/25/05 SPECIAL 3.2. CHECK REGISTER 3.3. RESOLUTION 05-78 APPROVING PREMISE PERMIT RENEWAL FOR ELK RIVER-ROGERS VFW POST 5518 3.4. MASSAGE THERAPIST LICENSE FOR TANA BROUILLARD - JOHN JOSEPH SALON 3.5. RESOLUTION 05-79 ACKNOWLEDGING CONTRIBUTION FROM CARING RIVERS UNITED WAY TO THE ELK RIVER POLICE DEPARTMENT 3.6. CONSIDER PROPOSAL REQUESTS FOR WESTBOUND LIQUOR 3.7. CONSIDER ORDINANCE 05-17 AMENDING CHAPTER 74 RELATING TO PARKING 3.8. ACCEPT LETTER OF RESIGNATION OF LIBRARY BOARD MEMBER LESLIE ANDERSON 3.9. RESOLUTION 05-80 APPROVING USE OF HELP AMERICA VOTE ACT MONIES . . . City Council Minutes August 1, 2005 Page 2 3.10. RESOLUTIONS 05-81 APPROVING PREMISES PERMIT RENEWAL AND RESOLUTION 05-82 APPROVING ANNUAL OFF-SITE GAMBLING FOR ELK RIVER YOUTH HOCKEY ASSOCIATION MOTION CARRIED 5-0. 4. Open Mike Noone appeared for Open Mike. 5.1. Request by A & R Land Development for Simple Plat (]vfeadowvale). Public Hearing - Case No. P 05-10 Staff report submitted by Planner Chris Leeseberg. Director of Planning Michele McPherson indicated that the applicant is requesting an Administrative Subdivision to subdivide a 31.73-acre parcel into three lots (Meadowvale). The subject property is located at the northwest comer of County Road 32 (Meadowvale Road) and 225th Avenue. Ms. McPherson stated that as a condition of approval, Sherburne County will obtain 2.24-acres of right-of-way for future road improvements and off street trail corridors which will leave the applicant with 29.49-acres of land to subdivide. Ms. McPherson indicated that the property is located in an area that will have 2 V2 -acre lot minimums beginning in January 2010 but the applicant has elected to subdivide the property at this time rather than waiting. Ms. McPherson explained that the Al zoning district currendy requires lot sizes to be a minimum of 10-acres. The proposed plat would create three 9.83-acre parcels. Ms. McPherson stated that a lot area variance was unanimously granted by the Board of Adjustments on July 26, 2005 and that aside from the total acreage, the lots comply with the dimensional requirements for the Al zoning district. Ms. McPherson also explained that the applicant and staff have received correspondence from Mr. and Mrs. Stadden, who own several hundred acres adjacent to this property in Big Lake Township, regarding a property line dispute for approximately V2-acre on the west side of the ditch. Ms. McPherson noted that property line disputes are a matter of civil action and normally the city does not become involved with these disputes. Mayor Klinzing opened the public hearing. David Stadden, 22577 147th Street, Big Lake Township - stated that he and his wife have owned their farm for over 30 years and have always considered the ditch as the property line. Mr. Stadden indicated that they have cleaned and maintained the ditch for many years and that he has concerns that if they are not granted an easement to the ditch that it may not be properly maintained and it could cause several hundred acres of land to flood. He stated that the attorneys in this matter have been trying to come up with a deal to grant an easement to him and his wife but they have nothing signed yet so they would like the Council to table the request until they have a signed agreement. Sylvia Stadden, 22577147th Street, Big Lake Township - indicated that since she and her husband received the public hearing notice regarding the Administrative Subdivision of the above property, they have been doing what they can to be granted access to the ditch. Ms. Stadden noted that she believes that the ditch is actually part of their property. She requested that the Council table the Administrative Subdivision request until an agreement can be reached. . . . City Council Minutes August 1, 2005 Page 3 There being no one else to speak on this issue, Mayor Klinzing closed the public hearing. Councilmember Motin disclosed that the Stadden's are clients of his for separate matters and that this is the first that he has heard about the property line issue. Mayor Klinzing clarified who owned the ditch. City Engineer Terry Maurer indicated that it is a private ditch owned by the applicant. Mr. Maurer stated that he provided the Staddens with a couple of different options for access to the ditch. Councilmember Dietz questioned if since the city is being granted easement to the ditch, if access to the easement could be granted by the city to the Staddens. Mr. Maurer indicated that it would be best for the Staddens to be granted the easement from the applicant. Councilmember Farber indicated that he would be comfortable with tabling action on this item until the property dispute is resolved. Councilmember Motin stated that he has no problem with tabling the action and that it would be better to resolve the property line issue prior to approving the plat. He also indicated that if the Staddens can prove they have maintained the property for at least 15- years, the Staddens may be entided to the property under adverse possession and in that case, the property could not be included as part of the plat. Mayor Klinzing stated that the ditch in question appears to be the property of the applicant requesting the subdivision and that the property line dispute should be decided between the property owners or by a civil action in court. She indicated that the property line dispute should not have a bearing on this request and that she is okay with tabling the request but does not want to see the issue continued for a significant length of time. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE THE REQUEST BY A & R LAND DEVELOPMENT FOR A SIMPLE PLAT (MEADOWVALE) UNTIL THE AUGUST 15, 2005 CITY COUNCIL MEETING. MOTION CARRIED 5-0. 5.2. Request by City of Elk River for Preliminary Plat GN orthstar Business Park). Public Hearing- Case No. P 05-12 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the Elk River Economic Development Authority is requesting approval of a preliminary plat for Northstar Business Park located west of Twin Lakes Road at 175th Avenue, south of Elk River Business Park. Ms. McPherson indicated that the property has a number of site constraints which will make the development of the site complicated. Ms. McPherson stated that the preliminary plat consists of six buildable lots and an oudot which will contain the wedand area. She stated that one road will be constructed with a full access at the intersection of 175th Avenue and Twin Lakes Road. Ms. McPherson reviewed the grading and drainage, park dedication, and staff and Planning Commission's recommendations. Councilmember Farber stated that he does not believe there is a need at this time to include a trail easement over all of Oudot A as recommended by the Parks and Recreation Commission for the construction of recreational facilities. . . . City Council :Minutes August 1, 2005 Page 4 Parks and Recreation Director Bill Maertz indicated that the intention of the Parks and Recreation Commission when they made that recommendation was to provide recreational opportunities for employees in the area and also for the trails to link to the possible future YMCA site. Councilmember Motin stated that with the Northstar Commuter Rail site nearby, it would be good to have a trail connection from the Northstar Business Park to the Northstar Rail site. Councilmember Motin also stated that he is not opposed to including the trail easement but he is opposed to building on it at this time. Councilmember Gumphrey questioned who owns Outlot A of the proposed plat. City Engineer Terry Maurer indicated that the city owns most of Outlot A while the Economic Development Authority owns the buildable lots. Mr. Maurer stated that staff's recommendation is for the entire Outlot A to be deeded to the city. Mr. Maurer noted that the city will be able to grant itself easements for trail construction. Mayor Klinzing opened the public hearing. There being no one to speak on this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE REQUEST BY THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY FOR PRELIMINARY PLAT APPROVAL OF THE NORTH STAR BUSINESS PARK WITH THE FOLLOWING CONDITIONS: 1. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. CASH SHALL BE PAID FOR PARK DEDICATION FOR THE DEVELOPABLE ACRES. MOTION CARRIED 5-0. 6.1. Proclamation Supporting National Night Out on August 2.2005 Mayor Klinzing read the NationalNight Out Proclamation aloud. Police Chief Jeff Beahen indicated that there are 34 block parties this year which is the largest turnout ever. He stated that the Police and Fire Departments will make every effort to visit each party and he encouraged the Mayor and City Council to ride along in a squad if they are interested. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE 2005 NATIONAL NIGHT OUT PROCLAMATION. MOTION CARRIED 5-0. 6.2. Ordinance 05-18 Regarding Public Conduct in Parks and Offenses Involving Public Order Police Chief Jeff Beahen stated that due to recent inappropriate behavior at Babcock Park in Elk River, City Prosecuting Attorney Chris J ohoson has put together proposed additions to the City Code. Chief Beahen reviewed the changes to Section 54-33 in regards to disturbing . . . City Council Minutes August 1, 2005 Page 5 the peace and section 50-62 in regards to offenses involving public order - indecent/lewd conduct. Chief Beahen noted that patrol at Babcock Park has been stepped up and 15 arrests have been made in the last month. He stated that MnDOT has given the city the approval to place signs at the park indicating that the park is being patrolled for this type of inappropriate behavior. Mayor Klinzing questioned if changing the closing time of the parks would help. Chief Beahen stated that he didn't feel changing the time would matter and that he is confident that the Police Department's efforts will work. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE ORDINANCE 05-18 ADDING SECTION 50-62 RELATING TO OFFENSES INVOLVING PUBLIC ORDER- INDECENT /LEWD CONDUCT AND SECTION 54-33 RELATING TO DISTURBING THE PEACE TO THE ELK RIVER CITY CODE. MOTION CARRIED 5-0. 6.3. Resolution 05-83 Ordering Advertisement for Bids for the Northstar Business Park City Engineer Terry Maurer stated that as directed, staff completed the preparation of plans and specifications for the grading and infrastructure improvements in the Northstar Business Park. Mr. Maurer indicated that the Director of Economic Development has identified and is working with three potential prospects to be located in the business park and staff is recommending that the entire development move forward rather than the phased approach that had been discussed in the feasibility study. Mr. Maurer stated that bids will be opened August 30, 2005 and will be presented to the City Council on September 6, 2005. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 05-83 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE NORTHSTAR BUSINESS PARK IMPROVEMENTS. MOTION CARRIED 5-0; 6.4. Resolution 05-84 Awarding the Bid for the WWTP Headworks Improvement City Engineer Terry Maurer indicated that the bids received June 2 for the WWTP Headworks Improvements have been tabulated and the lowest responsible bidder is Gridor Construction, Inc. with a bid of $1,776,000.00. Mr. Maurer stated that the project began as a headworks improvement but that it now includes replacement of the secondary digester cover and construction of a free-standing chemical treatment building in anticipation of the future requirement to add phosphorous removal to the treatment process. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-84 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE WWfP HEADWORKS AND SECONDARY DIGESTER COVER IMPROVEMENT OF 2005. MOTION CARRIED 5-0. . . . City Council :Minutes August 1, 2005 Page 6 6.5. Resolution 05-85 Authorizing Staff to Execute DNR Conservation Partners Grant Agreement Parks and Recreation Director Bill Maertz stated that the city has been awarded a $6,000 Conservation Partners Grant by the Department of Natural Resources (DNR). Mr. Maertz indicated that the grant is for restoration of 6.3 acres of prairie and woodland in Highlands East Park (Hillside Estates Subdivision). He stated that the DNR requires a City Council resolution authorizing staff to execute the grant agreement. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-85 AUTHORIZING STAFF TO EXECUTE DEPARTMENT OF NATURAL RESOURCES CONSERVATION PARTNERS AND ENVIRONMENTAL PARTNERSHIPS. MOTION CARRIED 5-0. 6.6. Parks and Recreation Update Mr. Maertz stated that in 2004, staff applied for three grants to help with the purchase of 80 acres oEland adjacent to Woodland Trails Park. Mr. Maertz indicated that the land is owned by Tiller Corporation but the city has an agreement in place that allows use of portions of the land for recreation. The Parks and Recreation Commission identified acquisition and preservation of this property as a high priority and the Natural Resources Inventory identifies this parcel as one of the highest quality woodlands remaining in Elk River. Mr. Maertz stated that the land is valued at $1.7 million and staff applied for a $400,000 Natural and Scenic Areas Grant, a $300,000 Greenways Grant, and a $500,000 Remediation Grant. He stated that staff has been notified that the city has been awarded the $400,000 Natural and Scenic Areas Grant and that Elk River's two other grant applications are highly ranked. Mr. Maertz indicated that the total potential grant award is $1.2. million and in order to purchase the land, a city match of $500,000 from park dedication funds would be required. Mr. Maertz explained that in 2004, Ditch 31 repairs resulted in the drainage of a DNR protected wedand in Woodland Trails Park. He stated that regulations require the city to restore the wedand or replace it elsewhere and after examining many options, staff has concluded that the best way to restore the wedand is to install a sanitary grade drainpipe in the ditch adjacent to the wedand. Mr. Maertz indicated that staff will be seeking authorization from the County Board in August to modify the ditch and if authorization is obtained, cost estimates will be prepared and plans will be brought to the City Council for consideration. Mr. Maertz also reviewed the 2005 Parks Capital Improvement projects and some of the current recreation programs. 6.7. HRA Update Councilmember Morin provided an update of the HRA meering held August 1, 2005. Councilmember Morin stated that the HRA authorized the payment for the entire amount of the relocation of the flag pole to the School District office and the HRA has requested that they be reimbursed by the city through TIF. Councilmember Morin also indicated that the HRA approved their 2006 budget and tax levy. . . . City Councill\1inutes August 1, 2005 Page 7 6.8. Library Board Update Councilmember Dietz provided an update of the Library Board meeting held July 26, 2005. Councilmember Dietz stated that the Library Board will be comparing costs of remodeling the existing library or building a new library near Lake Orono across from City Hall. Councilmember Dietz indicated that a survey asking citizens what they want in their library is completed and will be available at the library and in the next issue of the Recreation Guide. Mayor Klinzing commended the Library Board for looking to the future and exploring all possibilities for the new library. 6.9. Discuss Council Worksession Agendas City Administrator Pat Klaers reviewed the tentative Council Worksession agendas for August and September. The Council made no changes to the agendas. 7. Other Business There was no other business. 8. Staff Updates There were no staff updates. 8.1. August 9 Chamber Meeting on Transportation with Congressman Kennedy City Administrator Pat Klaers indicated that the Elk River Area Chamber of Commerce will be holding a membership meeting on transportation with Congressman Kennedy on Tuesday, August 9, 2005 at Black Woods Banquet Center. Mr. Klaers stated that if Councilmembers plan on attending they should let staff know so the Chamber can be notified. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 7:40 p.m. Minutes prepared by Jessica Miller.