11-21-2005 CC MIN
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, NOVEMBER 21, 2005
Members Present:
Mayor I<linzing, Councilmembers Dietz, Morin, Farber, and Gumphrey
Members _:\bsent:
None
Staff Present:
Finance and Administrative Services Director/Interim City ,L-\dministrator
Lon Johnson, Community Development Director Scott Clark, Senior
Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry
Maurer, Environmental i\.dministrator Rebecca Haug, Director of
Economic Development Catherine Mehelich, Police ChiefJeffBeahen, City
Attorney Peter Beck, and Recording Secretary Tina Allard
_Also Present:
Planning Commissioner Leo Offerman
1. Call1;Ieecing 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 lvlayor I<linzing.
2. Consider 11/21/2005 _Agenda
Mayor I<linzing added Item 5.2. Do\vntown Traffic Control and Item 8.1. Pine\vood Golf
Course Update to the agenda.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA AS
AMENDED. MOTION CARRIED 5-0.
3. Consider Consent ,.A.genda
MOVED BY COUNCILMEl\1BER MOTIN AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1. 11/7/05 MINUTES.
3.2. CHECK REGISTER.
3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT.
3.4. MASSAGE THERAPIST LICENSE TO EXPIRE DECEMBER 31, 2005 TO
DELORES MATZ, HEALING CHOICES.
3.5. ADOPT ORDINANCE 05-25 AMENDING DIVISION 6 PLANNING
COMMISSION, SECTION 2-299-MEETINGS AND RULES OF
PROCEDURE OF THE CITY CODE OF ORDINANCES TO
DESIGNATE REGULAR MEETINGS AND \VORKSHOP SESSION OF
THE PLANNING COMMISSION, CASE NO. OA 05-14.
3.6. APPOINT JEFF GONGOLL TO THE EDA ~lJTH A TERM
EXPIRATION OF DECEMBER 31, 2011; STEWART WILSON TO THE
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November 21, 2005
Page 2
HRA WITH A TERM EXPIRATION OF DECEMBER 31, 2010; AND
ANNE SHCROEDER TO THE LIBRARY BOARD WITH A TERM
EXPIRATION OF DECEMBER 31, 2008.
3.7. SPECIAL ASSESSMENT REAPPORTIONMENTS AS OUTLINED IN
THE STAFF REPORT.
MOTION CARRIED 5-0.
4. Open :Mike
Noone appeared for Open 1:v1ike.
5.1. Resolution Authorizing Execution of a Tax _Abatement and Business Subsidy _Agreement for
Quality Label Inc. Public Hearing
Ms. Mehelich stated Quality Label, Inc. has requested a property tax abatement in the
amount of $133,947 from the city for a pay-as-you-go Tax Rebate Financing (TRF) note
\vith the company receiving 1000/0 of the annual TRF for a maximum of 10 years. She stated
a requirement of the financial assistance \vill be a commitment from Quality Label, Inc. for
the creation of ne\v jobs \vithin 2 years.
Mayor I<linzing opened the public hearing.
John Jacobs and Chad Johnson, owners of Quality Label, Inc.-Introduced themselves.
Mayor I<Jinzing closed the public hearing.
MOVED BY COIJNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-122
AUTHORIZING EXECUTION OF A TAX ABATEMENT AND BUSINESS
SUBSIDY AGREEMENT. MOTION CARRIED 5-0.
Mayor I<linzing \velcomed Quality Label, Inc. to the Elk River community.
5.2. Downtown Traffic Control
Chief Beahen stated the "No Left Turn Benveen 3-6 p.m." signs from north Parrish .L!\venue
onto ""V;lestbound l\1ain Street have been removed. He stated enforcing the signage has been
difficult and the signs are not at the required height. He stated the Police Department
initiated heavy enforcement of the signs for a couple of weeks and that for every car pulled
over and ticketed, two to four times as many would drive by after making the illegal turn. He
stated the signs "\vere installed due to safety concerns \Vi.th the vie\v through the construction
fencing for the do\vntow~ revitalization project. Chief Beahen stated that due to high traffic
congestion in this area vehicles are forced to automatically slow do\vn.
Discussion was held on other possible safety solutions.
6.1. Resolution to Vacate a Portion of Vernon Street~ Requested by Bill Houlton. Public
Hearing-Case No. EV 05-11
:Mr. Harlicker stated the applicant \vould like to vacate a portion of Right-of- \Vay (RO\X0 on
Vernon Street. He stated the applicant has a drive\vay easement over the RO\v.
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November 21, 2005
Page 3
1ft. lvIaurer stated if the Houlton Farm is subdivided in the future the city may need to
construct a public road\vay in this area.
Mayor I<linzing opened the public hearing.
Bill Houlton, representing, owners of the Houlton Fann-Stated his family is establishing a
management partnership and clearing up the title to the farm property. He stated they \vould
like o\vnexsrup of their driveway and are not comfortable \1.r1.th the city O\vning the RO\V.
Mayor I<linzing closed the public hearing.
Councilmember Morin questioned what the hardship is to the o\vner. :Mr. Houlton indicated
no hardship.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER FARBER TO DENY THE EASEMENT VACATION
REQUEST BY BILL HOULTON. MOTION CARRIED 5-0.
6.2. Request by Jimmy Raivala for _Administrative Subdivision. Public Hearing-Case No.
i\S 05-03
IvIr. Harlicker stated the applicant is requesting an administrative subdivision. He provided
an overview of the project and the Parks and Recreation Commission's recommendation.
Mayor I<linzing opened the public hearing. There being no one to speak to this issue, Mayor
I<linzing closed the public hearing.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE THE ADMINISTRATIVE
SUBDIVISION FOR JIMMY RAIV ALA WITH THE FOLLOWING
CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE
ADDRESSED.
2. PARK DEDICATION FEES FOR ONE LOT SHALL BE PAID PRIOR
TO RELEASING THE SUBDIVISION FOR RECORDING.
3. SURFACE WATER :MANAGEMENT FEES FOR ONE LOT SHALL BE
PAID PRIOR TO RELEASING THE SUBDIVISION FOR RECORDING.
MOTION CARRIED 5-0.
6.3. Request by NRG to Amend Conditional Use Permit
Ms. Haug stated NRG would like to amend their solid waste facility license and conditional
use permit. She reviewed the changes to both items as outlined in her staff report.
Mayor I<linzing opened the public hearing. There being no one to speak to this issue, Mayor
I<linzing closed the public hearing.
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Page 4
MOVED BY COUNCILl\1EMBER GUMPHREY AND SECONDED BY
CQUNCILMEl\1BER DIETZ TO APPROVE THE CONDITIONAL USE
PERl\1IT AND FACILITY LICENSE AGREEMENT AMENDMENTS AS
OUTLINED IN THE STAFF REPORT FOR NRG. MOTION CARRIED 5-0.
6.4. Request by I(evin Meland for Conditional Use Permit to }Jlo'\v Mining. Public Hearing-Case
No. CD 05-18
Ms. Haug stated the applicant is requesting a conditional use permit to mine 7.25 acres. She
revie\ved traffic and wetland issues.
Mayor I<linzing opened the public hearing. There being no one to speak to this issue, Mayor
I<linzing closed the public hearing.
MOVED BY COUNCILMEMBER MOTION AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE A CONDITIONAL USE PERMIT
TO KEVIN MELAND WITH THE FOLLOWING CONDITIONS:
1. STAFF'S DECISION ON THE WeAlS NOT OVERTURNED ON AN
APPEAL.
2. MR. MELAND RECEIVES APPROVAL FROM SHERBURNE COUNTY
PUBLIC WORKS TO ACCESS COUNTY ROAD 1 FOR HAULING.
3. ALL WORK IS COMPLETED WITHIN TWO YEARS OF PROJECT AND
SLOPES ARE A !\1.AXIMUM OF 6 TO 1.
4. ALL SPOILS REMOVED FROM THE WETLAND ARE DEPOSITED
ON UPLAND AREAS.
MOTION CARRIED 5-0.
6.5. Resolution for Final Plat for Elk Ridge Center 2nd .l\.dclition~ Requested by 7040 Lakeland
Partners~ LLC. Case No. P 05-19
Ivlr. Leeseberg stated the applicant is requesting final plat approval for Elk Ridge Center 2nd
_Addition. He provided an overvie\v of the plat.
lVlayor I<lio.zing asked for an update on the type of businesses that \v-ill be going into the
Center.
John Hemple, applicant-Stated there \vould be a daycare center and a vision store.
Councilmember Morin requested to add a condition requiring incomplete items from the
first phase of the project be completed before \vork begins on the second phase.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-123 GRANTING
FINAL PLAT APPROVAL FOR ELK RIDGE CENTER 2ND ADDITION, CASE
NO. P 05-19 WITH THE FOLLOWING CONDITIONS:
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November 21, 2005
Page 5
1. A DEVELOPERS AGREE~1ENT BE PREPARED AND EXECUTED
OUTLINING THE TERMS AND CONDITIONS OF THE PLAT
APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO
RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AM:OUNT OF 1000/0 OF THE COSTS OF PUBLIC IMPROVEMENTS.
3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE
AM:OUNT OF 250/0 OF THE IMPROVEMENT COSTS SHALL BE
SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.
4. SURFACE WATER :MANAGEMENT FEE IN THE AM:OUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
5. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE
DEDICATED ON THE PLAT AS REQUIRED BY THE CITY.
6. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
7. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED
PRIOR TO COMMENCING WORK ON THE SITE.
8. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT
PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
9. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
10. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY
ELK RIVER MUNICIPAL UTILITIES.
11. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
12. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED
BY THE CITY AND RECORDED WITH THE PLAT.
13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS,
AND LATERAL WATER ASSESSMENTS BE PAlD PRIOR TO
RELEASING THE PLAT FOR RECORDING.
14. ALL INCOM.PLETED ITEMS FROM THE FIRST PHASE PUNCH LIS.T
MUST BE COMPLETED PRIOR TO WORK BEGINNING ON THE
SECOND PHASE.
MOTION CARRIED 5-0.
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Page 6
6.6. Request by 7040 Partners. LLC to .!-\mend Elk Ridge Center PUD. Public Hearing-Case No.
CU-05-19
lvfr. Leeseberg stated the applicant '\vould like to amend the Planned Unit Development
(PUD) for Elk Ridge Center. He revie\ved the proposed changes and stated there \vould be
247 square feet less building space. He further rev-1.e\ved parking, circulation, landscaping,
signage, and the Planning Commission's recommendation.
Mayor I<linzing opened the public hearing.
Antonio Luciano, 19757 Irving Street-Stated he felt an updated traffic analysis should be
completed. He stated some of the residents are having trouble selling their homes.
Tom Halbakken, 11744 194th Avenue-Stated the bank lighting does not meet the city's
requiremen ts.
Mayor I<linzing closed the public hearing.
l:vlr. Leeseberg stated the bank lighting does not meet the design guidelines for this
developme~t and the city needs to address it.
1vlayor I<linzing stated the city \vill resolve the lighting issues. She stated that for each
building to be constructed in Elk Ridge Center, a conditional use permit \\;j]l be required so
residents \\Jill have a chance to come forward \vi.th any concerns.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE PUD AMENDMENTS
FOR ELK RIDGE CENTER WITH THE FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE
ADDRESSED.
2. ALL OUTSTANDING ISSUES FROM THE ORIGINAL pun NEED TO
BE RESOLVED.
3. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
MOTION CARRIED 5-0.
6.7. Request by 7040 Lakeland Partners. LLC for Site Plan _Approval oflvfulti-Tenant
Commercial Building. Public Hearing-Case No. SF 05-10
11r. Leeseberg stated the applicant is requesting site plan approval for a multi-tenant
building. He discussed the N orth'\voods building design theme, landscaping, and the
Planning Commission's recommendation.
Mayor I<linzing opened the public hearing.
Daniel Green, Project i\..rcbitect-Introduced himself and stated he \vas available for any
ques tions.
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November 21, 2005
Page 7
Councilinember Gumphrey questioned if the flre lane \vould affect any screening on the
'.vest side of the building.
Mr. Green stated some trees had to be relocated.
Wayne Traaseth, 11707 194th Avenue-Stated he is opposed to the Elk Ridge Center
de'lelopment. He stated the building located near his residence has been expanded. He
stated there should be more of a buffer zone between his house and the development.
Tom Halbakken, 11744 194th Avenue-Stated there was supposed to be a smaller single
tenant building next to the residences and no\v that has changed to a large multi. tenant
building. He stated the buildings are too close to the residences.
CounciJmember Gumphrey questioned the height of the retaining wall near the two closest
residences.
1Y1r. Green stated they are approximately 8-9 foot. He stated the residential properties \vill be
looking do'.vn on the commercial development and the wall \vill be lower than the homes.
Leanne Brown, 19737 Lo\vell Street-Stated she is concerned about property values going
up \vhen the neighbors can't sell their homes. She stated she does not like the strip mall
look.
Mayor I<linzing closed tile public hearing.
Mayor I<linzing questioned the distance benveen the homes and the retaining wall.
lvIr. Hemple stated there "\vould be less noise to residents as there is a building close to dlem
rather than the parking lot as originally designed.
Counci1member Farber recommended some type of screening near the t\vo homes.
Mr. Traaseth suggested an 8' fence be installed on top of the retaining wall.
lvlr. Hemple stated he would prefer to use greenery as screening as it "\vould be less
maintenance.
1-1ayor I<linzing suggested adding a condition that the developer \vork \vith the property
owners on the screening issue.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE SITE PLAN FOR THE
APPLICANT WITH THE. FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE
ADDRESSED.
2. THE WEST ELEVATION SHALL INCORPORATE GABLE ROOFS
SIMILAR TO WHAT WAS SHOWN ON THE STAFF EXHIBIT.
3. ALL EXTERlOR FIXTURES MUST HA VB DOWNWARD DIRECTED
LIGHT SOURCES (FULL CUT -OFF).
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November 21, 2005
Page 8
4. FIRE ACCESS LANE(S) SHALL BE APPROVED BY THE FIRE CHIEF.
5. THE BUILDING SHALL MEET ALL BUILDING CODES.
6. THE BUILDING SHALL MEET ALL FIRE CODES.
MOTION CARRIED 5-0.
Counci1member Farber stated the developer did a good job '\vith making this development
not look like a typical strip mall.
1\1ayor I<linzing stated the developer has stuck to \vhat they said they would do for this
proj ect.
6.8. Request by Riverside Development for Preliminary Plat Extension-Hillside Estates 8th
_Addition
1:v1r. Harlicker stated Riverside Development is requesting an extension of the preliminary
plat for Hillside Estates 8th Addition. He stated this \vill allo\v the developer to Ellal plat the
remaining lots into the Eleventh and T\velfth Additions.
Counci1member Morin questioned ho\v this would affect the current flooding issues in
Hillside.
1Y1r. Maurer stated he is \'vorking \vith the developer in resolving the flooding issues. He
stated the developer has been very cooperative and wants to remedy this situation.
Discussion \vas held on how long to extend the timeframe.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO EXTEND THE PRELIMINARY PLAT
FOR HILLSIDE ESTATES 8th ADDITION FOR ONE YEAR. MOTION
CARRIED 5-0.
6.9. Resolution for Land Use Map _Amendments to Change the Land Use from CC (Community
Commercial) to DR (Urban Residential). Requested by Ne\v Century Land Development
Public Hearing-Case No. LV 05-05
Ivlr. Harlicker stated this item \vas continued from the October 17, 2005 City Council
meeting. He pro\,-ided a brief revie\v of the land use amendment requested by the applicant.
Ivfayor I<linzing opened the public hearing.
Daniel Leistico, 18627 144th Street, Big Lake-Stated he \vas in favor of the development if
it is still for the 55 and older community and is limited to one level housing. He is opposed
to extending the frontage road from bis house over to Waco Street. He is also concerned for
approximately 30 trees he planted near the road in front of his house.
Victor Pacheco, applicant-Stated the property is not v-iable as a commercial lot due to its
site constraints and the market conditions.
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November 21, 2005
Page 9
rVlayor I<linzing closed the public hearing.
Counci1member Dietz stated he "\vould like to see this plat go back to the Planning
Commission for further rev-1.ew.
Planning Commissioner Leo Offerman stated there \vere some unresolved issues regarding
\vetlands, city engineer's comments not addressed, and nonconforming lots.
Ivfr. Clark stated a four-fifths vote was needed for the land use amendment and a
Counci1member suggested this item be continued to tonight until there was a full CounciL
Counci1member Motin stated this item \vas also postponed so that issues mentioned in the
October 17, 2005 minutes could be addressed (commercial viability, impact to east property
owners, revised dra\Vings that take into account staff/Commission/Council comments).
J:vIr. Pacheco handed out revised drawings and stated the site is difficult to develop
commercially as there are electrical easements through the property and the city \vould be
ta~g additional right-of-\vay for a frontage road.
Counci1member Farber questioned the amount of land use available for any commercial or
residential development.
1vfr. Maurer stated he has revie"Ted tlle revised drawings and 11r. Pacheco has addressed
many of the issues raised by the Planning Commission. He stated many commercial projects
have power line and wedand issues that have been worked around.
Councilmember Dietz stated he ,-vould be voting against this project as the Planning
Commission did not get a full chance to rev-ie\v the plat. He stated he is not opposed to the
project.
Councilmember GumphIey concurred.
Councilmember Farber concurred and stated the Planning Commission should be allo"Ted
to have their concerns resolved.
1vfr. Beck stated this item needs to be voted on by the City Council by November 24, 2005.
He stated the applicant v.rould need to agree to an extension.
1vfr. Pacheco questioned the issues. He stated he thought they "\vere addressed \v-1th Planning
Commission and staff.
Mayor I<linzing explained to the applicant that the city needs his ,-vritten approval to extend
tile timeframe on the land use amendment, the zone change, preliminary plat, and
conditional use permit. She stated the Council is not completely opposed to the change
from commercial to residential but would like to see some issues resolved.
1\1r. Pacheco requested the Council change the land use at this meeting.
Counci1member Dietz stated that all the items are tied together. He stated that if the issues
on this plat are not addressed satisfactorily, then the Council may \vant to leave the land use
designation as commercial.
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November 21, 2005
Page 10
l:vlr. Beck stated the applicant would need to provide a \vritten letter agreeing to extend the
timeframe deadline by 60 days on all four items prior to the Council acting on them. He
stated if the Council \v-1.shed to deny the items tonight they would need to provide findings
for the denial.
1\1r. Pacheco stated he would like to continue to work Vli.th the city and agreed to submit a
letter extending the timeframe deadline.
Counci1member Morin stated he was concerned about changing the zoning from
commercial to residential. He stated this \Vill make the other commercial lots in the area less
desirable for commercial development.
IvIr. Pacheco stated the revised dra\vings include the frontage road requested by the city and
meet :Mn/DOT specifications. He stated concerns regarding the cost to him for the
frontage road.
1vf.r. Maurer recommended the frontage road be connected to a signalized intersection and
that Mn/DOT Local Initiative funds may be available in 2007 for this project.
Items 6.9.-6.12. \vere acted upon after Item 6.14. on this agenda in order to give Mr.
Pacheco time to draft and submit his letter requesting the timeframe extension.
6.13. Dodge Avenue Improvement-Resolution Accepting Feasibility Report and Ordering Public
Hearing
1vf.r. Maurer presented the feasibility report for the reconstruction of Dodge Avenue. He
s~ated he held an informational meeting \Vi.th the affected property o\vners and they feel the
improvement '\Vill help their businesses. He stated approximately 400/0 would be assessed to
property owners and 600/0 '\vould be paid from street reserves.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-124 RECEIVING
THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON
THE IMPROVEMENT IN THE MATTER OF THE DODGE AVENUE
IMPROVEMENT OF 2005. MOTION CARRIED 5-0.
6.14. Highland Road Improvement-Resolution Ordering Preliminary Feasibility Report for the
Highland Road Reconstruction
I:vfr. 1\1aurer stated he held an informational meeting \vith property o\vners in Ridgewood
East and Ridgewood East 3rd _t\ddition regarding four options for an improvement in the
I-lighland Road area. He stated the o\vners had interest in either adding a side\valk along
Highland Road or reconstructing the road and adding sidewalks.
Councilrnember Dietz questioned if city se\ver could be added under the road for future
services. He questioned ho\v the cost to hookup would be determined.
1.vlr. 1vlaurer stated as many services as possible \vould be stubbed in under the road in order
to protect it from future open-cutting. He stated the stub in of se\ver could be funded '\v-ith
the sewer fund and if property o\vners hook up at a later date, there would be some
reimbursement to the city of the costs via assessments.
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Page 11
Counci1member Morin recommended reconstructing the road and adding side\valks.
:Mr. Maurer stated I-lighland Road \vould be eligible for state aid funding.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER MOTIN TO FOLLOW OPTION #3 IN THE STAFF
REPORT AND TO ADOPT RESOLUTION 05-125 ORDERING A
PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE
HIGHLAND ROAD RECONSTRUCTION IMPROVEMENT OF 2005. MOTION
CARRIED 5-0.
6.9. Resolution for Land Use Map i\mendments to Change the Land Use from CC (Community
Commercial) to DR (Urban Residential)_ Requested by New Century Land Development_
Public Hearing-Case No. LV 05-05
6.10. Ordinance for Zone Change from C3 High\vay Commercial to PUD Planned Unit
Development Public Hearing-Case No. ZC 05-03
6.11. Request by New Century Land Development for Preliminary Plat (Heritage Maples). Public
Hearing-Case No. P 05-16
6.12. Request by New Century Land Development for Conditional Use Permit for Residential
Planned Unit De\Telopment. Public Hearing-Case No. CD 05-17
:Mr. Beck read the letter submitted by l\1r. Pacheco and stated it met the 60 day intent of the
law. He recommended the above-mentioned items be continued for 60 days so that the
issues of the Planning Commission, the City Council, and staff could be addressed.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO CONTINUE ITEM 6.9.-6.12. TO THE
JANUARY 10, 2006 PLANNING COMMISSION AND THE JANUARY 17, 2006
CITY COUNCIL MEETINGS. MOTION CARRIED 5-0.
Councilmember Gumphrey thanked Iv1r. Pacheco for his time and patience.
6.15. Naples j\ venue / 186th Avenue Improvement-Resolution Declaring the _Adequacy of the
Petition for Improvement and Ordering Preliminary Feasibility Report
::Mr. Maurer stated staff received a petition for city sewer and water from property o\vners
along Naples ..A.venue/186th Avenue. He stated the city \vould need to acquire right-of-way
for an improvement. ::MI. 1Ylaurer handed out a map that lists the property owners ,"vho have
already given road easements.
Councilme11?-ber Dietz questioned if 1:vfr. Bickman \v1ll \vant some consideration from the
city for right-of-v.ray.
lvfr. Maurer stated all neighbors gave up easements to the city \vith no compensation and
lviI. Bickman would be asked to do the same.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-126 DECLARING
THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND
ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER
OF THE NAPLES STREET AND 186TH AVENUE IMPROVEMENT OF 2005.
MOTION CARRIED 5-0.
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November 21, 2005
Page 12
6.16. Pavement 1vIanagement 2006 Overlay Improvement-Resolution Ordering Preliminary
F easibili ty Rep art
:Mr. Maurer highlighted the streets (as outlined in his staff report) that are in need of an
overlay as part of the Pavement Management program for 2006.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-127 ORDERING A
PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE
BITUMINOUS OVERLAY OF 2006. MOTION CARRIED 5-0.
7.1. Consider Building 0 fficial/Building Division Supervisor Position
Mr. Clark recommended Bob Ruprecht as the Building Official. He stated the position
\vould be reviewed in one year.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER DIETZ TO HIRE BOB RUPRECHT AS THE BUILDING
OFFICIAL WITH A REVIEW OF THE POSITION IN ONE YEAR. MOTION
CARRIED 5-0.
7.2. Landfill Expansion Update
Ms. Haug stated the :Minnesota Pollution Control Agency (lvIPC_A) held a public
informational meeting regarding the landfill expansion. She stated that 10 residents came to
the meeting. She stated the I\1PCA is in the process of revie\VIDg the landfill request and \vill
make a positive or negative declaration.
:MI. Beck stated the landfill will come back to the City Council for a conditional use permit
revie\v. He stated there "\vould be citizens that \Vill come forward then -with opposition.
Deb Dehn, Landfill representative-Stated the landfill \vill be hosting informational meetings
\vith neighbors.
7.3. Custom Motors Site Assessment (13913 Highvlay 10)
1:v1s. Haug stated the Custom Motors/RC Roll-off site (13913 Highway 10) has been
purchased by Christian .l\lliance Church. She stated $91,724.38 in expenses has been
incurred by the city to clean up this site for the RC Roll-off incident. She stated the church
\vill have to spend approximately $125,000 to finish cleaning up the site from \vhen it was
Custom IVfotors. Ms. Haug suggested the city aid the church in redeveloping the property by
forgiving the $91,724.38 debt.
Mayor I<linzing stated the church is aware the previous o\vner was given the option to have
the debt forgiven if he finished cleaning up the site and the church \vould like the same
consideration.
Councilmember Dietz stated he may be \villing to forgive half the debt but questioned if the
previous owner should be responsible for paying the city.
Councilmember Morin concurred.
City Council ?vfinutes
November 21, 2005
Page 13
IvIr. Beck stated he could do some research in the history and nature of the claim.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER GUMPHREY TO HAVE CITY ATTORNEY PETER BECK
REVIEW THIS ISSUE AND COME BACK TO COUNCIL WITH OPTIONS FOR
DEBT COLLECTION. MOTION CARRIED 5-0.
7.4. NeD_A Update
Counci1member Morin provided an update of the Northstar Corridor Development
_Authority meeting scheduled November 3, 2005.
7.5. Utilities Update
Councilmember Dietz provided an update of the Utilities Commission meeting held on
November 9, 2005.
8. Other Business
8.1. Pine\vood Golf Course Update
Mayor I<linzing stated property owner Paul I<.rause has been given the letter of intent from
the city for purchase of the Pinewood golf course and has responded back with requested
changes. Mayor I<linzing reviewed the changes.
Counci1member Dietz questioned if the deal would be off if the property appraisal as a golf
COllIse came back at less than $2.4 million.
IvIayor I<linzing stated yes.
Councilmember Morin stated he is not in favor of getting the second appraisal. He is
concerned of the covenant agreement benveen the homeo\vners and Pinewood as the
homeo\vners have a lawsuit against 1vIr. I<.rause. He stated the city \vould \vant to get a
release from the homeo\vners in case they would want to turn the land into residential in the
fu ture.
lvIr. Beck stated there are t\VO issues with the covenants: \vhen they expire and whether or
not the plat as approved \\t"ould comply. He stated he believes the letter in the language
dealing \Vith title would be sufficient to cover the city. He stated the city could raise the
covenants as a title objection.
Counci1member Gumphrey stated that if the city is looking at possibly reselling this
property, then the city should get the second appraisal to see what it is worth.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCIL~IEMBER MOTIN TO AGREE TO THE FOLLOWING CHANGES
IN THE LETTER OF INTENT:
1. $2.4 I\1ILLION OVER 5 'YEARS ON A CONTRACT FOR DEED.
2. INTEREST RATE OF 60/0 \VITH A DOWN PAYMENT OF $400,000.
City Councill'vllnutes
November 21, 2005
Page 14
3. NO PREPAYM:ENT FOR FIVE YEARS.
4. CLOSING HELD AFTER JANUARY 1, 2006.
5. IF THE APPRAISAL IS LESS THAN $2.4 ~1ILLION THEN THE OFFER
IS OFF THE TABLE.
MOTION CARRIED 3-2. Councilmember Dietz and Gumphrey opposed.
8.2. Zylstra Harley Davidson Parking Lot
Councilmember Dietz requested staff revie'\v the status of the conditional use permit that
"\vas approved by the Council in March 2005 in which Zylstra requested to use a portion of
their property located on the north side of Evans Street as a parking loti motorcycle training
area.
9. Staff Updates
:LvIs. Johnson stated property o"\"\7!1ers received their proposed 2006 property tax statement
and the city's Tluth-in-Taxation hearing is scheduled for Monday, December 5, 2005. She
also presented information for the county and school district hearings.
10. _Adjournment
There being no further business, Mayor I<linzing adjourned the meeting of tlle Elk Riv.er
City Council at 9:30 p.m.
Ivfinutes prepared by Tina Allard
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