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10-03-1988 CC MIN e e e MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT SALK JUNIOR HIGH SCHOOL MONDAY. OCTOBER 3. 1988 Members Present: Mayor Gunkel. Councilmembers Dobel. Schuldt. Holmgren and Tralle Members Absent: None Also Present: Pat Klaers. City Administrator; Terry Maurer. City Engineer; Greg Korstad. City Attorney; Lori Johnson. Finance Director; Stephen Rohlf. Building and Zoning Administrator 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order by Mayor Gunkel at 7:00 p.m. 2. Consideration of 10/3/88 City Council Agenda Item 6.1 was deleted from the agenda; and items 8.1 - City Administrator Update and 8.2 - Highway 101 Update were added to the agenda. COUNCILMEMBER DOBEL MOVED TO APPROVE COUNCILMEMBER TRALLE SECONDED THE MOTION. THE COUNCIL AGENDA AS AMENDED. THE MOTION CARRIED 5-0. 3.1. Consideration of 9/21/88 City Council Minutes COUNCILMEMBER TRALLE MOVED TO APPROVE THE 9/21/88 CITY COUNCIL MINUTES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Consideration of 9/26/88 City Council Minutes COUNCILMEMBER DOBEL MOVED TO APPROVE THE 9/26/88 CITY COUNCIL MINUTES AS SUBMITTED. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. 5.1. Conditional Use Permit/Mandolfo Investments/Public Hearing Mayor Gunkel indicated that Mandolfo Investments. Inc. is requesting a conditional use permit to allow the construction of a restaurant in a C-3A/Highway Commercial Zone. Mayor Gunkel further indicated that the Planning Commission reviewed the item and unanimously recommended approval of the conditional use permit with certain conditions. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. Page 2 Elk River City Council Minutes October 3. 1988 e COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR MANDOLlO INVESTMENTS TO ALLOW A RESTAURANT IN A. C-3A ZONE AT THE CORNER OF MAIN STREET AND HIGHWAY 169. WITH THE FOLLOWING CONDITIONS: 1. THAT A COpy OF THE PROPOSED JOINT PARKING AGREEMENT BE PROVIDED TO THE CITY. 2. THAT THE DRAINAGE PLAN BE ACCEPTABLE TO THE CITY. 3. THAT THE PARKING AREA BE HARD SURFACED AND DUST FREE WITH CONCRETE CURB AND THAT THE PARKING STALLS BE STRIPED. 4. THAT THE SIGNAGE FOR THE SITE MEET CITY CODE REQUIREMENTS. 5. THAT THE TRASH AREA BE ENCLOSED. 6. THAT THE LIGHTING FOR THE SITE MEET CITY CODE REQUIREMENTS. 7. THAT A SPACE IN FRONT OF THE MAIN ENTRANCE BE LEFT OPEN TO ALLOW FOR UNOBSTRUCTED ENTRANCE AND EXIT DURING EMERGENCY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Variance Request by Northbound Liquor/Public Hearing ~ Mayor Gunkel indicated that Northbound Liquor is requesting an 11 foot variance from the side yard setback to allow for the construction of a new cooler. Steve Rohlf. Building and Zoning Administrator. indicated that the variance is needed in order to construct a 14' by 35' addition which will be used to house a cooler. He indicated that the Planning Commission and City Staff felt the request met the five required stipulations for a variance as indicated in the memo from Steve Bjork. Zoning Assistant. dated October 3. 1988. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE AN 11 FOOT ENCROACHMENT TO THE 20 FOOT SIDE YARD SETBACK FOR NORTHBOUND LIQUOR TO ALLOW FOR THE BUILDING OF A 14' X 35' ADDITION. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Authorization of Northbound Building Improvements This item was deleted. 6.2. Consider Resolution Apointing Election Judges e COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 88-84, A RESOLUTION APPOINTING ELECTION JUDGES FOR THE GENERAL ELECTION TO BE HELD NOVEMBER 8. 1988. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5- O. Page 3 Elk River City Council Minutes October 3. 1988 e 6.3. Consider Resolution Adopting Assessment Roll for Royal Oaks Ridge COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 88-85. A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR ROYAL OAKS RIDGE IMPROVEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Consider Resolution Adopting Assessment Roll for Curtis Job Property COUNCILMEMBER TRALLE MOVED TO ADOPT ADOPTING THE FINAL ASSESSMENT ROLL COUNCILMEMBER DOBEt SECONDED THE MOTION. RESOLUTION 88-86. A RESOLUTION FOR CURTIS JOB PROPERTY. THE MOTION CARRIED 5-0. 6.5. & 6.6. Consider Resolutions Adopting Final Assessment Roll for Main Street and Jackson Avenue Projects Mayor Gunkel addressed the public and stated that the purpose of the Council meeting is to consider adopting the final assessment roll for the Main Street and Jackson Avenue projects. She explained that several informational meetings and public hearings have been held to define the various components of the projects and to discuss the method of assessment. e Terry Maurer. City Engineer. summarized the various components of the Main Street and Jackson Avenue projects and gave an exp1aination of the dollars being assessed relative to the project costs. The City Attorney. Greg Korstad. explained that the purpose of the assessment process is to determine which properties will benefit by the improvement. He also discussed the methods of assessment which consisted of the front footage method used for street. sidewalk. and storm drainage; and also the area assessment used for sanitary sewer interceptor and water main. Mayor Gunkel explained the assessment letter which was mailed to each property owner. the property owner's right to appeal. and the deferrment policy. Mayor Gunkel indicated that eighteen letters of appeal have been received by the City. The letters of appeal have been received from: Nick & Joyce Olsen - 115-095-030040 Leonard Babinsky Kim & Mary Nelson - 18663 Simonet Drive William Scharfbi11ig & Pamela Iannazo - 115-000-332200 Jerry McChesney. Jack Mowry. Roger James. McChesney Ind. Park Dave McLennan - 1028 Main Street Donald & Delores Crook - 405 Rush Avenue Eva Murray - 524 4th Street - 115-020-000111 Connie & Dave Maros - 1908 8th Street e Page 4 Elk River City Council Minutes October 3. 1988 e John Klein - 1808 Main St. - 115-060-050030 Elaine & Leslie Anderson - 208 Lowell Ave. - 115-020-000192 Curtis Briggs - 1433 Main Street Robert Sommer - 115-105-020021 Evelyn Mac Gibbon - 115-040-070060 John Mac Gibbon - 115-050-020050 John MacGibbon - 115-050-020011 Jim Aust - 115-085-020020 Thomas & Myrna Droegemue11er - Lot 8. Block 1 McChesney Ind. Park After entering these letters of appeal into the official City Council minutes. Mayor Gunkel opened the public hearing. 1. Jerry McChesney Industrial Park Stated he was opposed to the method of assessment based on the per acre basis used to determine the sanitary sewer assessment. Mr. McChesney claimed this was unfair to owners of large tracts of land. 2. Jack Mowry assessment McChesney Industrial Park - Opposed to the method of based on a per acre basis as this is unfair to business. 3. JoAnn Adamski 726 Quinn Avenue - Questioned why the industrial park is not being assessed. e 4. Vernon Whiteoak 1836 Main Street - 115-060-040041 - Questioned the size of his lot. 5. Gary Row1ing 817 Gates Questioned whether MSA funds were available for sewer improvements. 6. Pam Iannazo and septic assessment. 1936 8th Street - Indicated she had a private well system and questioned why she was included in the Stated her intention to appeal. 7. Tom Lange - Questioned whether there is room for expansion with the present system and also whether a change would alter the assessment amount. 8. John Norgren Emmanuel Lutheran Church service to their property and whether it whether it is a benefit to the City. Questioned the water should be assessed or 9. Kim Nelson 18663 Simonet Drive - Indicated her objection to the method of assessment. 10. Tom Johnson 508 Tipton Avenue - Indicated he did not feel it was fair to allow Cretex to defer their assessment and not allow McChesney Industrial Park to defer. e Page 5 Elk River City Council Minutes October 3. 1988 e 11. Clyde Ostrander 307 Irving - Questioned the dollar amount of the street improvement in relation to the sidewalk and curb improvements on 4th and Irving. He questioned why he was charged $13.00 a foot for street and the area of 4th and Irving received street. curb and sidewalk and were also charged $13.00 a foot. 12. Dave McC1ennan - 1028 Main Street - Questioned the method of street assessment and also the interest rate the City charged. 13. Mark Palmer - 957 Main St. - 115-010-000010 - Stated he was charged for water service he did not receive. 14. Sarah Moos elimination of retaining wall. Jackson Avenue the boulevard. and and School also St. Questioned the an elevation problem and 15. Ohma Olson 1332 5th Street - Questioned when notices of public hearing were sent and when the project was considered pending. Stated they had purchased the house recently and was told there were no pending assessments. 16. Carol Turner - 315 Irving - Questioned method of payment. e 17. Sandy Harapat 115-040-010050 Questioned the reason for water service. Mrs. Harapat indicated that last year a new water service line was needed for which they were billed $800. During the construction. this line and curb stop was removed and another put in and they were charged again. 18. Lorna Grant Simonet Drive - Questioned whether assessments were tax deductible. 19. Charla Burn would be. Proctor Avenue - Questioned what the interest rate 20. Delores Crook - 405 Rush Street - Stated her intention to appeal as she does not abut Main Street and was assessed. There being no further comments at this time. Mayor Gunkel closed the public hearing. The Council recessed at 8:37 p.m. and reconvened at 8:50 p.m. Terry Maurer. City Engineer. indicated that he would review the assessment appeals and make a recommendation on the necessary adjustments. He indicated he would present these recommendations to the Council. e COUNCILMEMBER TRALLE MOVED TO CONTINUE THE CITY COUNCIL MEETING FOR THE PURPOSES OF EXAMINING CERTAIN PROPERTIES IN QUESTION REGARDING ASSESSMENTS AND TO ADOPT THE FINAL ASSESSMENT ROLL. ON WEDNESDAY. OCTOBER 5. 1988. 6:30 P.M. AT ELK RIVER CITY HALL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Page 6 Elk River City Council Minutes October 3, 1988 e The Council discussed the fact that there are existing developable areas not presently using the sanitary sewer line, which will eventually be hooked up to this line, and should be assessed for the use of the line. Terry Maurer, City Engineer, indicated that a list could be prepared of any property that would eventually flow into this area. He stated this list could be checked as building permits are pulled. Mayor Gunkel indicated that she would also like to be able to inform people of this charge when an assessment search is requested. Terry Maurer, City Engineer, reviewed his letter to the Mayor and City Council dated October 3, 1988. The letter recommended adjustments to property assessments. COUNCILMEMBER TRALLE MOVED TO MAKE ASSESSMENT ADJUSTMENTS RECOMMENDED BY TERRY MAURER, CITY ENGINEER, AS INDICATED IN THE LETl'ER FROM TERRY MAURER, DATED OCTOBER 3, 1988. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1. City Administrator Update e The City Administrator indicated that Coordinator is planning an EDA meeting update on the Central Business District. the Economic Development for the purpose of a general The City Administrator informed the Council that island stop signs were being erected on Main Street. 8.2. Highway 101 Update Counci1member Tra11e informed the Council that he and several other Highway 101 Committee members met with Governor Perpich and Commissioner Lavine. He indicated that they were given a committment of 30 days for a timetable in the upgrading of Highway 101. 9. Adjournment THERE BEING NO FURTHER BUSINESS, AND THE TIME BEING 9: 20 P. M. . COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE MEETING OF THE CITY COUNCIL UNTIL WEDNESDAY, OCTOBER 5. 1988. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. ~ck~ Deputy City Clerk e