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03-30-1992 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE COMMUNITY EDUCATION CENTER MONDAY, MARCH 30, 1992 Members Present: Mayor Tralle, Councilmembers Dietz, Kropuenske, Schuldt and Holmgren Members Absent: None staff Present: Pat Klaers, City Administrator; Lori Johnson, Finance Director; Sandy Thackeray, City Clerk; Terry Maurer, City Engineer and Peter Beck, City Attorney 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 7:00 p.m. by Mayor Tralle. 2. Consider 3/30/92 City Council Agenda COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 3/30/92 CITY COUNCIL AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 3/16/92 City Council Minutes Councilmember Dietz requested that the minutes under Item 5.1. "Councilmember there be an immediate review of all current concurred to review current exemptions." following be added to the Dietz further suggested that exemptions. The Council COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 3/16/92 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Consider 3/23/92 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 3/23/92 CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4 . Open Mike No one appeared for this item. 5. Western Area Phase I Improvement Project/p.H. Terry Maurer presented and reviewed a document dated 3/30/92 explaining the proposed improvements for Phase I of the Western Area Improvement Project. Terry Maurer explained that the City has been considering these improvements since the early 1980's and that municipal funds have been accumulated since that time to assist in these improvements. Terry Maurer reviewed each phase of the improvements which included Elk River City Council Minutes March 30, 1992 Page 2 . sanitary sewer, water main, street and storm drainage. Mr. Maurer also explained the estimated project costs and the different types of assessable properties in the project. Mayor Tralle opened the public hearing. Jack Klein, 1808 Main Street, questioned whether the temporary road in the project would be a gravel road. He suggested that lighting be provided near the road. Terry Maurer indicated that the road will be paved and that lights will be provided. Jack Klein questioned the need for the large sewer and water lines proposed for the project and if the purpose of the larger lines is for future extension to the west. Mr. Klein indicated that he did not feel it was fair to charge the people in Phase I for the oversizing of the pipes. Terry Maurer explained that the City is carrying some of the assessment costs so that the people in Phase I would not have to assume the cost of the oversized lines. Mr. Klein questioned the rural residential exemption to the trunk water and sewer assessments. Terry Maurer explained that in May of 1989, the City Council excluded the existing 345 residential homes based on the report and recommendation from an appraisal firm that these existing lots would not gain immediate benefit from the trunk improvements. . Don Strei, 12816 Mississippi Road, questioned the runoff of the storm sewer water into his pond. Terry Maurer explained that there would be no runoff into the pond, however, an overflow would be provided so that the pond could flow into the storm sewer system, if needed. Mr. Strei also questioned the rural residential lots that are being exempted from the water and sewer assessment. Mayor Tralle explained that in 1989 when the feasibility study was presented to the Council, the Council looked at all the platted property in the area and determined that it was unfair for these properties to be forced into paying for trunk sewer when there would gain no immediate benefit. Rich Kincanon, 13375 Joplin street NW, stated that he lives on 40 acres which he is currently farming. He stated that he is not a developer and has no immediate plans of developing the property. He further indicated he is being assessed at an amount of approximately $150,000.00 and that he is not in need of any trunk improvements. Also his home is on this property. He stated that Green Acres is not an option to him as the interest would be approximately $12,000.00 per year. . Bud Houlton indicated that the Houlton Farm is included in the assessment area. He requested that the Council consider eliminating the portion of the property that is being farmed from the assessment district. He indicated that the farm has been in operation for 120 years and part of the property is in the flood plain. He further stated that if the land were assessed, it would force the property into some other type of use. He felt that the property was unique and that it is not ready for development. Elk River City Council Minutes March 30, 1992 Page 3 . Jean Kincanon, 13375 Joplin Street NW, questioned why her neighborhood is defined as rural and why the other lots that are not being assessed are defined as rural residential. Terry Maurer explained that the rural residential lots could not be further subdivided and the rural lots are larger tracks of land that could be further subdivided. Jean Kincanon further informed the Council that they did not sign the petition for sewer and water and would like to be considered a rural residential lot. Marv Morvig, 13291 Highway 10, indicated he owned the Elk River Motel and was questioning if the Council was proposing to extend the utilities under Highway 10 and assess his property. Terry Maurer explained that it is proposed to tunnel under Highway 10 with the improvements. Mr. Morvig stated that he is opposed to his property being assessed and further stated that the bowling alley is also opposed to the assessment. Mr. Morvig stated that he recently upgraded his septic system and does not need municipal sewer and water. Joe Pouliot, 207 York the "Y" are being these lots presently (sanitary sewer) and Street, questioned why the existing assessed for water. Terry Maurer have a utility service available are considered urban in nature. homes up to explained that to the lots . Irv Moldenhauer, 12860 Orono Road, questioned the cost of the improvements. He further indicated that he would like to develop part of his land and questioned if it was possible to only be assessed for the portion of land that he was proposing to develop. Sue Hecker, 13196 Mississippi Road, indicated that she owns an acre lot which is already existing on the south side of Mississippi Road. She further stated that according to the map provided by Terry Maurer, she is included in the assessment area. Terry Maurer explained that the map is in error and that she will not be assessed due to the fact that she was one of the lots exempted by the Council in 1989. Mr. Richard Kincanon explained that he has already been assessed for an interceptor line for which he received no benefit and feels that the homes being exempted from the trunk line assessment should also be assessed for the proposed improvements. Terry Maurer explained that Mr. Kincanon will receive credit for any previous sanitary sewer assessment he has paid. Mr. Kincanon explained that he felt an incredible burden was being placed on a small amount of people to bear the proposed assessments. Marilyn VanPatten indicated she was representing Jim Krueser Cornelius and questioned why they had received a bill services. The Council suggested that Marilyn contact City determine the purpose of the bill. and Elroy for sewer Hall to . Carl Mortenson, 12911 Orono Road, questioned the map he his public hearing notice. He further questioned whether was overs~z~ng the sewer based on the assumption that western area will be developed. He further questioned Council was controlling development by this method. received with the Council the remaining whether the Elk River City Council Minutes March 30, 1992 Page 4 . Wayne Hemmerick, 13296 Mississippi Road, questioned whether his property would be assessed. Terry Maurer explained that his lot would be considered a rural residential lot and no assessments are being proposed at this time for his property. Mr. Hemmerick further questioned whether the utilities were being brought to the area because of the proposed City Hall site. Jean Kincanon suggested that the Council work at generating more tax dollars through commercial and industrial properties. Terry Davis, 12967 Orono Road, questioned the building code for a drain field system. Gordon Moldenhauer, 13116 183rd Avenue, indicated that the assessment being proposed is a big burden for everyone to carry. He further questioned whether the City sewer and water would be going to the City Hall site. He stated he would like to control when development would take place on his property. He suggested that the City and property owners work together to bring the improvements to the property when the property owners are ready to develop. . Cindy Phillips, 13640 Riverview Drive, explained that the property owners opposed to the assessments seem to be south of County Road 30. She further explained that the most immediate areas for development are located north of County Road 30. She questioned whether the trunk line could be extended to give consideration to the people north of County Road 30 so that they could develop their property. Jack Klein indicated that the City Councilor Engineer did not mention any costs regarding hooking up individual properties. He stated that the costs for these services are severe. Mr. Klein also questioned the bridge reconstruction and whether any assessment to property owners would be levied. Terry Maurer indicated that no assessments would be levied against property owners for the bridge reconstruction. Mr. Klein also suggested proposing a seventh category for assessments which would be for apartment projects. He feels apartments should be assessed more than single family property owners. Don Strei indicated that the project being proposed is not in response to the people and developers in need of sewer. He suggested that a levy be placed against all residents of Elk River for the project as the project is being done to service City Hall and the City Hall and parks serve all people in the City. David Loch, county Administrator, questioned future street assessments associated with the fairground property. There being no further comments from the public, Mayor Tralle closed the public hearing. . The Council recessed at 9:02 p.m. and reconvened at 9:15 p.m. The City Clerk entered into the record a letter of opposition to the assessment from the Lake Orono Cemetery Association. . . . Elk River City Council Minutes March 30, 1992 Page 5 COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 92-21, A RESOLUTION ORDERING THE IMPROVEMENT IN THE MATTER OF THE PHASE I WESTERN AREA IMPROVEMENT OF 1992. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Councilmember Kropuenske stated that he feels the project should move forward with the understanding that some of the issues discussed by the public must be addressed. The Council discussed the possibility of extending the trunk line to the west and including some additional Lakoduk property in the assessment area. Discussion was also held regarding whether or not the Council should eliminate the assessments from the property south of County Road 30. The City Administrator suggested that the Council may be compounding the financial problems by deleting assessable property owners from the project. He further suggested contacting the property owner (Lakoduk) and properly notifying them prior to including some of their additional property in the assessment area. Councilmember Kropuenske withdrew his motion. withdrew his second. Councilmember Schuldt COUNCILMEMBER KROPUENSKE MOVED TO TABLE CONSIDERATION OF THE RESOLUTION ORDERING THE IMPROVEMENT FOR ONE WEEK PENDING LEGAL OPINION AS TO WHETHER OR NOT PUBLIC NOTICE IS REQUIRED FOR THE PROPOSED CHANGE IN THE ASSESSABLE PROJECT AREA BY WAY OF EXTENDING THE AREA FURTHER WEST TO INCLUDE THE ADDITIONAL LAKODUK PROPERTY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Schuldt questioned the intersection at County Road 30 and Orono Road and how it would affect Doctor Jarmoluk's land. Terry Maurer indicated he has contacted Dr. Jarmoluk regarding this concern. Councilmember Schuldt questioned the location of the water tower. Terry Maurer indicated that the location has not been finalized for the water tower. Councilmember Schuldt questioned the trunk lines going under Highway 10. Terry Maurer indicated that in the past the City has raised concerns regarding septic systems being close to the rivers and lake in Elk River and possible contamination of the water. He stated it would be much more cost effective to bring the lines under Highway 10 in conjunction with this project rather than if the property owners requested it on their own. Councilmember Schuldt suggested checking with the bowling alley to see if their septic system is failing. Councilmember Kropuenske suggested continuing on with the remaining agenda items and returning to this item at the end of the agenda. 6.1. Barton Gravel License Peter Beck, City Attorney, indicated that he has drafted a license agreement for Barton Sand and Gravel for the Council's review. . . . Elk River City Council Minutes March 30, 1992 Page 6 COUNCILMEMBER HOLMGREN BARTON SAND AND GRAVEL. THE MOTION CARRIED 5-0. MOVED TO APPROVE THE EXCAVATION LICENSE FOR COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. 6.2. Nelson Nursery Greenhouse Location/County Market Mayor Tralle indicated that Plant Place is requesting to put a greenhouse in the County Market parking lot. He stated that the proposed location is the same as was approved last year for County Market. Councilmember Kropuenske indicated that he had no problems with last years proposed location. Councilmember Holmgren indicated that the location last year was a vast improvement from previous years. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PLACEMENT OF A GREENHOUSE IN THE COUNTY MARKET PARKING LOT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Public Hearing on Proposed Amendments to TIF Plans No. 1 and No.3 Pat Klaers, City Administrator, stated that this item was on the Planning Commission's agenda, however, the meeting was continued and the Planning Commission did not have a chance to review the amendments to the TIF Plans 1 & 3. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO TABLE THIS MATTER COMMISSION HAS A CHANCE TO REVIEW THE PROPOSAL. SECONDED THE MOTION. THE MOTION CARRIED 5-0. UNTIL THE PLANNING COUNCILMEMBER HOLMGREN 6.4. Redistricting Public Hearing The City Clerk explained that March 30 is the deadline for redistricting the City'S wards. She presented the City Council with a proposed redistricting plan. She explained that precincts have been added in Wards 2, 3 and 4 to accommodate the congressional district line between congressional districts six and eight which splits the City of Elk River. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO ADOPT THE REDISTRICTING PLAN FOR THE CITY OF ELK RIVER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 92-10, AN ORDINANCE AMENDING SECTION 300.00 OF THE CITY CODE RELATED TO THE REDISTRICTING OF THE ELECTION WARDS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Western Area Phase I Improvement Project . . . Elk River City Council Minutes March 30, 1992 Page 7 The Council consented to review the possibility of extending the trunk line to the west and including extra property in the assessment area and also the possibility of excluding some of the property in the assessment area. Councilmember Schuldt requested Maier Stewart to contact the bowling alley and request permission to test the sewer system. It was the consensus of the Council to contact George Larson, owner of the bowling alley, to check his septic system for possible failure. 7. Other Business COUNCILMEMBER HOLMGREN MOVED TO HOLD THE MONDAY, APRIL 6, 1992 COUNCIL MEETING AT 6:30 P.M. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. City Administrator Update The City Administrator indicated that the City's ordinance relating to senior citizen assessment deferments sets the annual household adjusted gross income amount at $14,000.00 per year. He suggested that the annual gross amount of low income increase to better reflect a true low income in 1992. He further suggested setting this amount from time to time by resolution. The Council concurred that the amount should be adjusted from time to time. 9. Adjournment There being no further business, COUNCILMEMBER DIETZ MOVED THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. CARRIED 5-0. TO ADJOURN THE MOTION The meeting of the Elk River City Council adjourned at 10:15 p.m. Respectfully submitted, I r /7 <-i/ -/ /9-.,{~~~~ ~~-t.<-4c~ -Sandra Thackeray ~ City Clerk