Loading...
09-28-1992 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE COMMUNITY CENTER MONDAY, SEPTEMBER 28, 1992 Members Present: Councilmembers Kropuenske, Dietz, Holmgren and Schuldt Members Absent: Mayor Tralle Staff Present: Terry Maurer, City Engineer; Sandra Thackeray, City Clerk; Steve Rohlf, Building and Zoning Administrator; Peter Beck, City Attorney; Lori Johnson, Finance Director, and Pat Klaers, City Administrator 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Vice Mayor Holmgren at 7:00 p.m. 2. Consider 9/28/92 City Council Agenda Item 7.1, Executive Session of the City Council, was added to the agenda. COUNCILMEMBER DIETZ MOVED TO APPROVE THE 9/28/92 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.1. Consider 9/8/92 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 9/8/92 CITY COUNCIL MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3.2. Consider 9/14/92 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE COUNCILMEMBER KROPUENSKE SECONDED THE 3-0-1. Councilmember Schuldt abstained meeting. 9/14/92 CITY COUNCIL MINUTES. MOTION. THE MOTION CARRIED due to his absence at this 4. Open Mike No one appeared for this item. 5. Conditional Use/Elk River Machine/Multiple Principle Structures Per Lot/Public Hearing Steve Rohlf stated that Elk River Machine is requesting to add a 26,250 square foot addition to its existing building. Steve Rohlf explained that the existing building is subject to a conditional use permit and therefore it is necessary to receive an amendment from the City council for the addition to the Quilding. Steve Rohlf indicated that the Planning Commission reviewed the request and recommended approval. . . . City Council Minutes September 28, 1992 Page 2 Vice Mayor Holmgren opened the public hearing. Larry Ebert, Elk River Machine, indicated that the addition would be added to the existing building and that they are basically just enlarging their facility, but that the operation will not change. There being no further comments, Vice Mayor Holmgren closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE AN AMENDMENT TO THE CONDITIONAL USE PERMIT REQUESTED BY ELK RIVER MACHINE TO ADD A 26,250 SQUARE FOOT ADDITION TO ITS EXISTING BUILDING WITH THE FOLLOWING STIPULATIONS: 1. THAT ELK RIVER MACHINE'S EXISTING PARKING LOT IS STRIPED. 2. THAT THE ADDITIONAL PARKING ADDITION IS HARD SURFACED AND PARKING LOT IS FROM ELK RIVER SECURE AN EASEMENT. LOT PROPOSED TO ACCOMMODATE THE STRIPED AND THAT ACCESS TO THIS MACHINE'S PROPERTY OR THEY MUST 3. THAT ELK RIVER MACHINE ALLOW THE CITY TO PLANT TREES ON THEIR PROPERTY TO HELP SCREEN THE STORAGE FROM LION'S PARK. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Assessment Hearing for Phase I of the Western Area Improvement Project Terry Maurer, City Engineer, reviewed the history of the Western Area Improvement Project. He explained that the project actually started in 1987 when a formal request was made for funding to replace the bridge on Main Street. He stated that following that request the City adopted a 1988 Comprehensive Plan which placed a moratorium on any building of residential lots in the western area until utilities are provided. He indicated that following the Comprehensive Plan the City Council requested that a feasibility study be prepared for the Western Area. Terry Maurer explained that the objective of the City Council was to coordinate Phase I of the Western Area Public Improvements with the construction of the new Main Street bridge. Following the project history, Terry Maurer reviewed the project cost and discussed the different types of rates and assessments that would be included in the project as outlined in his 9/28/92 handout. Peter Beck, City Attorney, informed the audience of the assessment appeal procedure. Vice Mayor Holmgren opened the public hearing. Vice Mayor Holmgren stated that the Council would receive input from the public and then respond after all public comments had been made. 1. Richard Elliott 13342 Island View Drive Mr. Elliott indicated that he owned property along Highway 10 and that he felt there was a discretion in the amount of acreage that was being . . . City Council Minutes September 28, 1992 Page 3 assessed. amount. He requested that the acreage be reduced to the correct 2. David Loch - Sherburne County - David Loch indicated his concern over future assessments and questioned whether the City has a policy that addresses lateral assessments on corners. 3. Gordon Moldenhauer 13116 183rd Avenue Mr. Moldenhauer questioned how much control the landowner has over his land. He stated that he is requesting to put a portion of his property into Green Acres as he only wants to develop a part of his property. 4. Gwen Smith 18290 Fresno Street- Ms. Smith questioned what the City's plans were regarding the Parkway that currently ends at the fairgrounds. 5. John Hoffman representing the Morvigs of 13291 Highway 10 (Elk Motel) - Mr. Hoffman stated that the Morvigs are objecting to the lateral water main and lateral sanitary sewer assessments. He stated that there is no evidence that they will benefit the Morvig property. He indicated that existing easements make it impossible to extend lateral water and sewer lines to the Morvig property. He further stated that although the City had an appraisal done of the western area, the appraisal did not compare any commercial property. Mr. Hoffman stated that the client had no objection to the general trunk assessments for the project, but objected only to the lateral assessments to the property. 6. John Plaisted 12750 182nd Avenue - Mr. Plaisted indicated he is objecting to paying the trunk sewer assessment. He stated that the trunk sewer assessment was paid when he purchased the property in 1988. Mr. Plaisted also requested that his homesteaded property be exempt from any assessments and be treated that same as existing homes in the area. 7. Bob Oster 1921 Main Street Bob Oster stated that disagrees with the acreage calculation for his property. he 8. Joyce Norrell 1811 Main Street - Ms. Norrell indicated that she has a parcel of property that is unbuildable and feels that it should be excluded from the assessment. 9. Bud Houlton Mr. Houlton indicated he is opposing the assessment to his farm area. He requested the Council to leave the farm acres out of the assessment district as it would force the farm to go into another use. Mr. Houlton also stated he had two lots on Main Street which he was not opposed to being assessed for. 10. Marilyn VanPatten - Marilyn VanPatten indicated she was speaking on behalf of Mr. Cornelius and on behalf of the Keyser property. She indicated that Mr. Cornelius is requesting that he be removed from the project as it would be cost prohibitive to extend laterals to the property at this time and therefore, no trunk . . . City Council Minutes September 28, 1992 Page 4 assessments should be placed on this property. Also, the Keyser property is north of Highway 10 and should only receive trunk assessments and no lateral assessments. 11. Jim Thomas 1536 Main street - Mr. Thomas questioned the City's policy for assessing a corner lot. 12. Jack Klein - Main Street - Mr. Klein had a concern regarding the interest rate being charged. He stated that 7-1/2\ interest was excessive. 13. Twyla O'Keefe 12900 Orono Road Ms. O'Keefe questioned whether they would be assessed in the future for the water tower. 14. Richard Kincanon Mr. Kincanon stated that the assessment costs on his property are hard to justify. He stated that the size of the assessment is a handicap. 15. Dennis Lloyd - Mr. Lloyd questioned the amount of the WAC charge. There being no further comments from the public, Vice Mayor Holmgren closed the public hearing. The City Clerk stated that she had received ten letters of written objection from property owners. The letters she received were from Elroy Cornelius, Ann and Rober Oster, George Larson (Elk River Bowl), Marvin and Yvonne Morvig, Irvin Moldenhauer, Richard Elliott, Joyce Norrell, Bob Oster, Kendall Houlton, and John Plaisted. The letters were entered into the record at this time. Councilmember Kropuenske read a statement which clarified his position on assessing working farms. He stated that he did not feel it was fair to assess working farms as it puts them in a position where they must develop their property, because if they did not develop the property and continued to farm the property, the interest expenses from the project assessment would continue to accrue on the property. Terry Maurer, City Engineer, responded to the questions at this time. 1. Terry Maurer stated that there was a discrepancy in Mr. Elliott's property along Highway 10 and he recommended to reduce the acreage from 1.66 acres to 1.2659 acres. 2. Terry Maurer responded to Mr. Loch by indicating that the City's assessment policy is the only written document that it follows for assessment procedures. 3. Terry Maurer responded to Mr. Moldenhauer by indicating that Mr. Moldenhauer does have the option to develop a portion of his property and put the rest of it into Green Acres as long as it is in compliance with state law. 4. Ms. Smith Terry Maurer stated that the City's plans for the parkway is to have the roadway continue in a westerly alignment to . . . City Council Minutes September 28, 1992 Page 5 Waco Street. He indicated that this would take place some time in the future. 5. Mr. Hoffman (Elk Motel) - Terry Maurer indicated that City staff is recommending that the lateral sanitary sewer and lateral water main assessments be removed from the Morvig property. He further stated that he is recommending that the lateral assessments be levied at the time the facilities are extended across the front of the property and at a rate for that year and further that the property be required to hook up to the sanitary sewer within two years or apply for and receive an extension for up to an additional two years. 6. Mr. Plaisted Terry Maurer stated that Mr. Plaisted has three parcels included in the assessment; one parcel of 4.83 acres which contains his home, a small .32 acre parcel which provides access to his home, and the remaining being the various lots and exception which make up the Orono Heights plat. Terry Maurer stated that 2.23 acres of the Orono Heights plat was assessed for sanitary sewer during the 1988 Main Street sanitary sewer project. He stated that because of this he is recommending that the 2.23 acres not be reassessed for sanitary sewer. Terry Maurer indicated that Mr. Plaisted is requesting to combine the exception to his homestead and is requesting that he not be assessed for the project as he wishes to be considered one of the rural residential lots which will be excluded from the assessments until serviced. Terry Maurer indicated that staff is recommending that Mr. Plaisted's homestead be exempt from the assessment but not the exception to the plat that he plans to attach to his homesite. 7. Bob Oster - Terry Maurer stated that he has not had verify the acreage discrepancy. He indicated recommend that the acreage be adjusted if needed, frontage remain as it is. a chance to that he would but that the 8. Joyce Norrell Terry Maurer recommended that staff or Council make a determination as to whether or not the lot is buildable and stated that if it is not buildable it should be removed from the project. 9. Kendall Houlton - Terry Maurer stated that staff is recommending no change in the request to exempt the farmstead. He stated that the decision is based on the policy which is in effect at this time. He stated that the Assessment Manual takes into consideration the farms as it allows them to defer the assessments. 10. Marilyn VanPatten Terry Maurer indicated that the assessment for Mr. Cornelius only included a portion property. He stated that staff is recommending that all property be withdrawn from the project. Also, Mr. recommended that the lateral asessments be removed from the property. initial of the of the Maurer Keyser . . . City Council Minutes September 28, 1992 ~ Page 6 11. Mr. Thomas Terry Maurer explained that the Assessment Manual does address the corner lot assessments. 12. Mr. Klein - Lori Johnson stated that the bonds were sold at 6.02% and that the City adds 1-1/2% of the bond rate to cover any default of assessment and to cover administrative costs. 13. Twyla O'Keefe - Terry Maurer stated that there probably will be no assessment for the water tower to existing residential lots but this improvement project has not been discussed in detail at this time. 14. Mr. Kincanon Terry Maurer suggested that the City staff work with Mr. Kincanon to help him determine the the total public improvement costs for development. 15. Dennis Lloyd - Terry Maurer explained that the WAC charge was $300 and the cost of a meter was $66, making it a total of $366. Terry Maurer stated that he would also like to address a few other issues of the project. He indicated that the City received a letter of objection from the Bowling Alley. He stated that staff is recommending that the bowling alley property be treated the same as the Elk Motel property and other property north of Highway 10. Terry Maurer indicated that at one time the City Council added 80 acres to the assessment project of the Lakoduk property. He stated that it would not be possible to serve the property without additional trunk extensions. Therefore, he suggested that the Council consider assessing only the easterly 40 acres of the property from the project. The westerly 80 acres would be withdrawn from this project and assessed when the trunk lines are extended further west. Councilmember Dietz responded to Councilmember Kropuenske's comments on farmlands. Councilmember Dietz questioned how the City could collect fees from the farms at a future time if they are not assessed at the time of the project. He suggested that a policy be set as to what the assessment costs would be in the future. Councilmember Dietz expressed his concern of keeping the assessment costs on a fair basis to those being assessed for the project and to the farmers who would defer their assessments until a future date. Peter Beck, City Attorney, situation in the Green allowed to defer their however, the main concern stated that the State law addresses the farm Acres Act. He stated that the farmers are assessments through the Green Acres Act, is the interest that continues to accrue. Councilmember Kropuenske stated that he did not see any difference between those rural residential lots which have been excluded from the assessment and from the farm situation. He indicated that those rural residential lots are not being assessed for trunk improvements and will be assessed in the future for laterals when they hook up, but will not be paying interest. . . . City Council Minutes September 28, 1992 Page 7 Vice Mayor Holmgren suggested that the Council act on some of the written objections and that the discussion regarding farmland be held toward the end of the meeting. COUNCILMEMBER SCHULDT MOVED TO RECOMMEND THAT THE ASSESSMENT AGAINST THE LAKODUK PROPERTY 75-132-3400 BE REDUCED BY APPROXIMATELY 80 ACRES WHICH WOULD EXCLUDE ALL PROPERTY LYING WEST OF THE NORTH SOUTH LINE ON THE WEST SIDE OF THE FAIRGROUNDS BECAUSE IT WOULD BE IMPOSSIBLE TO SERVE THIS AREA WITHOUT A FURTHER EXTENSION OF TRUNK FACILITIES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO REDUCE THE ACREAGE OF PROPERTY OWNED BY RICHARD ELLIOTT, PARCEL 75-132-2425, FROM 1.66 ACRES TO 1.2659 ACRES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHULDT MOVED TO DENY THE REQUEST TO EXCLUDE THE ELLIOTT PROPERTY, PARCEL 75-132-2425, FROM THE ASSESSMENT ROLL BASED ON STAFF RECOMMENDATION AND THE CITY ASSESSMENT POLICY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED LATERAL SANITARY SEWER AND PROPERTY (ELK MOTEL) STIPULATIONS: TO AMEND THE ASSESSMENT ROLL TO ELIMINATE THE WATER LATERAL ASSESSMENTS FROM THE MORVIG PARCEL 75-132-2400, WITH THE FOLLOWING 1. THAT TRUNK SANITARY SEWER AND WATER ASSESSMENTS REMAIN IN PLACE. 2. THAT LATERAL ASSESSMENTS BE LEVIED AT THE TIME OF THE EXTENSION OF THIS FACILITY ACROSS THE FRONT OF THE PROPERTY AND THAT LATERAL ASSESSMENTS BE AT THE RATES IN PLACE WHEN THE EXTENSIONS ARE MADE. 3. THAT THE EXISTING BUILDING BE REQUIRED TO HOOK UP TO THE SANITARY SEWER WITHIN TWO YEARS OR APPLY FOR AND RECEIVE AN EXTENSION FOR UP TO TWO YEARS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO AMEND THE ASSESSMENT ROLL TO ELIMINATE THE LATERAL SANITARY AND LATERAL WATER ASSESSMENT FROM THE KEYSER PROPERTY, 75-132-2440, WITH THE FOLLOWING STIPULATIONS: 1. THAT TRUNK SANITARY SEWER AND WATER ASSESSMENTS REMAIN IN PLACE. 2. THAT LATERAL ASSESSMENTS BE LEVIED AT THE TIME OF THE EXTENSION OF THIS FACILITY ACROSS THE FRONT OF THE PROPERTIES AND THAT LATERAL ASSESSMENTS BE AT THE RATES IN PLACE WHEN THE EXTENSIONS ARE MADE. 3. THAT THE EXISTING BUILDING BE REQUIRED TO HOOK UP TO THE SANITARY SEWER WITHIN TWO YEARS OR APPLY FOR AND RECEIVE AN EXTENSION FOR UP TO TWO YEARS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. . . . City Council Minutes September 28, 1992 Page 8 COUNCILMEMBER SCHULDT MOVED TO AMEND THE ASSESSMENT THE LATERAL SANITARY SEWER AND LATERAL WATER POWELL PROPERTY (BOWLING ALLEY), 75-132-1200, STIPULATIONS: ROLL TO ELIMINATE ASSESSMENTS FROM THE WITH THE FOLLOWING 1. THAT TRUNK SANITARY SEWER AND WATER ASSESSMENTS REMAIN IN PLACE. 2. THAT LATERAL ASSESSMENTS BE LEVIED AT THE TIME OF THE EXTENSION OF THIS FACILITY ACROSS THE FRONT OF THE PROPERTY AND THAT LATERAL ASSESSMENTS BE AT THE RATES IN PLACE WHEN THE EXTENSIONS ARE MADE. 3. THAT THE EXISTING BUILDING BE REQUIRED TO HOOK UP TO THE SANITARY SEWER WITHIN TWO YEARS OR APPLY FOR AND RECEIVE AN EXTENSION FOR UP TO TWO YEARS. COUNCILMEMBER DEITZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO ADJUST ASSESSMENT, PARCEL 75-413-0980, BY REDUCING MINUS ANY EASEMENTS ASSOCIATED WITH THE LOT FOOTAGE REMAIN THE SAME. COUNCILMEMBER MOTION. THE MOTION CARRIED 4-0. THE ACREAGE THE ACREAGE AND FURTHER KROPUENSKE OF THE TO .5 THAT THE SECONDED OSTER ACRES FRONT THE COUNCILMEMBER SCHULDT MOVED TO REMOVE THE CORNELIUS PROPERTY FROM THE ASSESSMENT ROLL. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE MOVED TO REMOVE THE NORRELL PROPERTY FROM THE ASSESSMENT ROLL BECAUSE IT IS UNBUILDABLE PROPERTY, PARCEL 75-133-3100. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Schuldt opposed due to the fact that staff did not physically determine whether the property was unbuildable . Discussion was held regarding the 2.23 acres of the Orono Heights plat owned by Mr. Plaisted which were previously assessed for sanitary sewer. Mr. Plaisted indicated that at the time the 1988 sanitary sewer assessment was put on the lot, the property was one parcel. He stated that because the property is split at this time, he did not feel he Should be responsible for paying for the trunk sanitary sewer assessment for the other seven plus acres in the plat. Lori Johnson indicated that City staff researched the matter and determined that there were two parcels at the time of the Main street assessment and that the Main Street sanitary sewer assessment was placed only on the 2.23 acre parcel of property. COUNCILMEMBER SCHULDT MOVED THAT THE TRUNK WATER MAIN BE LEVIED AGAINST THE ENTIRE ACREAGE OF THE ORONO HEIGHTS PLAT AND THAT THE TRUNK SEWER BE LEVIED ON ALL OF THE PLAT EXCEPT FOR THE 2.23 ACRES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER KROPUENSKE EXCLUDING MR. PLAISTED'S DIETZ SECONDED THE MOTION. MOVED TO AMEND THE ASSESSMENT ROLL BY HOMESITE, PARCEL 75-004-1001. COUNCILMEMBER THE MOTION CARRIED 4-0. . . . City Council Minutes September 28, 1992 Page 9 COUNCILMEMBER KROPUENSKE MOVED THAT THE ASSESSMENT OF $7,604.97 BE REMOVED FROM THE PROPERTY DESCRIBED AS THE EXCEPTION TO THE ORONO HEIGHTS PLAT, WHICH LIES BETWEEN THE PLAT AND PLAISTED'S HOMESITE, (EXCEPTION NO.5) IF THE EXCEPTION IS ATTACHED TO PARCEL 75-004-1001 WHICH IS MR. PLAISTED'S HOMESITE BEFORE THE ASSESSMENT IS CERTIFIED TO THE COUNTY ON NOVEMBER 30, 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Council recessed at 9:30 and reconvened at 9:42. The City Clerk stated that she had received a letter of objection from Mr. Kincanon regarding the assessments on his property. Vice Mayor Holmgren requested that the letter be entered into the record at this time. The Council proceeded to discuss the Kincanon, Houlton, and Moldenhauer property. Terry Maurer stated that in accordance with the City's assessment policy, all three of the properties are assessable. The accruing interest rate on deferred assessments was discussed by the Council. Councilmember Dietz questioned whether or not it would be possible to charge 1/2 of the interest rate to the deferred assessment so that the interest does not accumulate as fast. Peter Beck, City Attorney, reminded the Council that the State sets the Green Acre requirements. Following the discussion regarding the assessment of working farm sites, the Council requested staff to look at alternatives to assessing farmland and stated that no decision would be made at tonight's meeting. COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE ASSESSMENT HEARING UNTIL OCTOBER 12, 1992, FOLLOWING THE EDA MEETING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.1. Executive Session of the City Council The City Council recessed its regular meeting at 10:15 to go into Executive Session to discuss the Hohlen 169/Main Street condemnation litigation. The City Council reconvened at 10:32 p.m. 8. City Administrator Update Terry Maurer updated the Council on construction. He indicated that because hearings, he would be working with the release to inform people of the project. the Main street/Highway 169 there have been no public Star News to publish a press The City Administrator informed the Council that Catherine Schmidt would be starting employment with the City as the Building and Zoning Secretary at $8.00 per hour as approved by Council and that a regular six month probation increase for Catherine Schmidt would be five percent (5%), or $.40 per hour, bringing her to $8.40 per hour on April 5, 1993. . . . City Council Minutes September 28, 1992 Page 10 The City Administrator informed the Council that the Street Department is planning a minor overlay on Railroad Drive. The City Administrator informed the Council that the Street Superintendent has requested permission for Mark Thompson to attend the Hennepin County Auction to look at two dump trucks to be used for snow plowing. The City Administrator stated that the purchase of a truck was included in the 1993 Equipment Certificates and that the Street Superintendent is requesting to spend $12-$14,000. It was the consensus of the Council to authorize Mark Thompson to attend the auction and to purchase the dump trucks. Peter Beck, City Attorney, updated the Council on the meetings that have been held with the gravel miners. 9. Adjournment There being no further business, COUNCILMEMBER SCHULDT MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council adjourned at 10:50 p.m. Respectfully submitted, ~~k~~ City Clerk