08-01-2005 CC MIN - Laserfiche WebLink

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. . . 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.