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08-13-2001 CC MINPIEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL I~IONDAY, AUGUST 13, 2001 Members Present: Members Absent: Staff Present: Vice Mayor Dietz, Councilmembers Motin, Kuester, and Tveite Mayor Klinzing Finance Director Lori Johnson, City Engineer Terry Maurer, Director of Planning Michele McPherson, and Recording Secretary Ti_ua Allard Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:40 p.m. by Vice Mayor Dietz. Consider 8/13/2001 Agenda COUNClLMEMBER TVEITE MOVED TO APPROVE THE AGENDA. COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-O. Consider Consent Agenda COUNClLMEMBER KUESTER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 7/23/2001 CITY COUNCIL MINUTES - APPROVED 3.2. CHECK REGISTER - APPROVED 3.3. REQUEST BY BUILDING OFFICIAL TO ATTEND ABM CONFERENCE - APPROVED 3.4. , REQUEST FOR TRANSIENT MERCHANT LICENSE BY CLINTON KRAFT FOR A ONE DAY SALE ON AUGUST 22, 2001, FROM 4-7 PM, AT THE ELK RIVER ICE ARENA - APPROVED 3.5. AUTHORIZATION TO ENTER INTO A PURCHASE AGREEMENT BETWEEN THE CITY OF ELK RIVER AND MICHAEL BOELTER FOR THE PURCHASE OF THE BOELTER PROPERTY IN THE AMOUNT OF $175,000.00- APPROVED COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 2001 Street Overlay Project City Engineer Terry Maurer stated that this was a public hearing and an assessment hearing on the 2001 street overlay project. He discussed the process of how a street is overlaid and why the streets selected for this years project need to be overlaid. Mr. Maurer reviewed which streets in Elk River were included in the 2001 overlay project. He stated that the bids for the project came in lower than expected and recommends a reduction in the proposed City Council bfinutes Page 2 August 13, 2001 assessments from $1,550.00 per assessable unit to $1,375.00 per assessable unit over five years at five and one half percent interest. Mr. Maurer stated that if a citizen xvishes to appeal the assessment, a written objection to the assessment must be submitted by the close of discussion on the overlay improvement at this meeting. He stated that if a written objection is not submitted, a citizen then gives up his/her right to appeal. Vice Mayor Dietz opened the public and assessment hearing for the overlay improvement project. Greg Lien, 19147 Lincoln Street- Questioned how the assessment was calculated, whether drainage issues would be resolved, and why the city is doing an overlay rather than sealcoating. Jerry McChesney, representing the McChesney Development - Stated that he didn't feel York Street had any deterioration. He stated that he is opposed to the assessment and doesn't think it is fair that the Industrial Park is charged double the assessment of the residential properties. Jack Mowry, 12797 Meadowvale Road - Stated opposition to the assessment. He didn't think the road received much traffic and isn't deteriorated to require an overlay. Troy DeMars, 14220 182nd Avenue - Quoted material from ~429 of the Handbook for Minnesota Cities. He read, "Special assessments are presumably valid if the land assessed receives a special benefit from the improvement and the assessment is uniform as applied to the same class of property and the assessment does not exceed the special benefit." Mr. DeMars questioned what the special benefit would be to his property. He also questioned the definition of "class of property." Mr. DeMars inquired how the McChesney Industrial Park and the commercial area of Freeport Avenue could be included in this assessment with residential properties. Mr. Maurer stated that the benefit being referred to is an increase in property value. He stated that the court would determine if the assessment of $1,375 would increase the value of the individual property. Referring to uniform class of property, Mr. Maurer stated that the city uses the single-family residential property as the baseline unit and then assesses the industrial and commercial properties a higher number of units. Ola Cruise, 14145 182nd Avenue - Stated that she was opposed to the assessment. Allen Pomerleau, 18996 Lincoln Street - Stated that he has drainage issues he would Like resolved prior to the overlay project. Mr. Maurer stated that he would take a look at Mr. Pomerleau's property. Elwin Maur, 198th and Zebulon - Stated that he would like an 18' culvert put in on his property. Vice Mayor Dietz stated that Mr. Elwin Maur was not part of this overlay assessment project and he would need to discuss his issue with Street/Park Superintendent Phil Hals. Ron Harrington, 19728 Ulysses Street - Stated that he is still paying for an assessment of the Ulysses Street project and he felt he should not be assessed for the 198th Avenue overlay. Rick Adamsky, 1834 Wand Street - Questioned why the city is purchasing the Boelter's property from the street fund but the overlay doesn't come from this fund. City Council Minutes Page 3 August 13, 2001 Mr. Maurer stated that the newspaper article misprinted where the funds would come from for the Boelter's property. He stated that funds for the purchase of the Boelter property would come from gas tax dollars, which are allowable for local improvements on trunk highways. Judy Narveson, 11304 198th Avenue - Stated that she was opposed to the assessment. Carol Rehling, 11015 197th Avenue - Stated that the commercial traffic is heavy on her road and she felt the developers of subdivisions to the east should be assessed because they bring in the commercial vehicle traffic. She stated that she would like to see speed bumps and stop signs installed on her street. Vic Arnold, 910 York Street - Stated that he would like tl~s project delayed until the drinking water issued is resolved. He is concerned that utilities will come through at a later date to tear up the road and install new water pipes. Ken Lueck, 11388 198th Avenue - Stated that there is heavy commercial traffic on his road and there should be a way to slow down traffic. He is concerned with protecting the road after completion of the overlay improvement. Steve Lee, 11301 198th Avenue - Stated that he is concerned with the heavy traffic on his road and with the utility companies working alongside and tearing up the roadways. Dennis Morphew, 863 Vernon Avenue - Stated that his driveway fills approximately half way up with water from snow melt after the snowplow dumps it by his driveway. He is concerned that an additional one and a half inch overlay will create a greater build up of water in his driveway. He stated that he is concerned about the safety of children during the overlay project. Mike Thiry, 19031 Lincoln Street - Stated that he didn't believe the road needed an overlay. He felt that drainage issues should be dealt with. Mr. Thiry questioned whether a turn lane could be installed on County Road 13 at the same time as this project. Jim Storie, 11368 198th Avenue - Stated that his road receives a high amount of commercial traffic and he shouldn't be assessed because of the amount of usage compared to other residential roads. He felt that the industrial area should not be assessed more units. Troy DeMars, 14220 182-a Avenue - Requested that the Council review the assessment policy. He felt that everyone chosen for an overlay project in a given year should not be lumped together. He felt that residents with less linear feet are being made to pick up the burden of properties that have more linear feet. Vice Mayor Dietz closed the overlay public hearing and overlay assessment hearing. Vice Mayor Dietz stated that if any residents have an objection to this overlay assessment, they must submit a written objection before close of this assessment discussion. He stated that after a written objection has been submitted, it is the citizen's responsibility to file an appeal to the district court within ten days. City Engineer Terry Maurer stated that the Council should consider some modifications to the assessment roll. He stated that three properties on 197th Avenue are on a portion of the street that was recently reconstructed and will not need the overlay. City Council Minutes Page 4 August 13, 2001 COUNCILMEMBER MOTIN MOVED TO REMOVE PARCEL NUMBERS, 75- 510-0170, 75-510-0175, AND 75-620-0105 FROM THE ASSESSMENT ROLL OF THE 2001 OVERLAY IMPROVEMENT PROJECT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Engineer Terry Maurer stated that there is a parcel along Gates Avenue that is only 10' wide and not buildable so it should be removed from the assessment roll. COUNCILMEMBER TVEITE MOVED TO REMOVE PARCEL NUMBER 75- 401-0410 FROM THE ASSESSMENT ROLL OF THE 2001 OVERLAY IMPROVEMENT PROJECT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Engineer Terry Maurer stated that two parcels on the comer of 197~h Avenue and the intersection of Tyler Street should be removed from the assessment roll as they were assessed in 1989 for the Tyler Street overlay. Mr. Maurer stated that an additional four parcels on the comer of 197th Avenue and Ulysses Street should be removed from this assessment roll because they were assessed for the Ulysses Street improvement in 1998. COUNCILMEMBER TVEITE MOVED TO REMOVE PARCEL NUMBERS 75- 123-3405, 75-126-2160, 75-471-0140, 75-471-0280, 75-126-2140, AND 75-123-3415 FROM THE ASSESSMENT ROLL FOR THE 2001 OVERLAY IMPROVEMENT PROJECT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Kuester questioned whether any traffic calming techniques could be used on 198m Avenue. Mr. Maurer stated that speed bumps are not recommended as they would create a liability to the city and be a hazard in the winter with snow and ice removal. He stated that he wouldn't recommend stop signs in the area because people tend to feel that with a stop sign slowing them down they need to increase their speed to make up for that time. Councilmember Kuester questioned if a bike lane could be installed along 198th Avenue. Mr. Maurer stated that there is probably enough room in the right-of-way for a bike lane however, a number of issues would need to be examined. Councilmember Motin suggested that if all the property owners in McChesney Industrial Park don't want to have the overlay improvement, they should have that option, but when their road is in need of improvement they would need to bear all the cost of road reconstruction. Councilmember Motin stated that he would like the city engineer to look at drainage issues involving Lincoln Street. He questioned whether weight restrictions could be imposed on 197th Avenue year round. He requested the city engineer contact the county to determine if a mm lane could be installed on County Road 13 into the Sunset Ridge development. Councilmember Motin stated that he is in favor of this assessment project but questioned whether the city could take on these types of projects through the General Tax Levy. Councilmember Tveite stated that he is in favor of the overlay assessment in order to maintain the infrastructure and safety of the roadways but he does feel that the current assessment policy should be reevaluated. City Council Minutes Page 5 August 13, 2001 Councilrnember Dietz stated that if the funds for this type of project came from the general fund, there would be even more unhappy citizens. He felt that it was time to review the current assessment policy. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-48 ORDERING THE IMPROVEMENT IN THE MATTER OF THE OVERLAY IMPROVEMENT OF 2001 AND PERMITTING THE EXEMPTION OF MCHESNEY INDUSTRIAL PARK IN THE EVENT THAT ALL OWNERS WITHIN THE INDUSTRIAL PARK AGREE TO IT WITHIN ONE WEEK AND THE OWNERS WOULD THEN BE RESPONSIBLE FOR ANY FUTURE ROADWAY RECONSTRUCTION COSTS. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. Finance Director Lori Johnson stated that Dennis and Vicki Morphew submitted a written appeal stating their objection to the assessment. COUNCILMEMBER MOTIN MOVED TO DENY THE ASSESSMENT APPEAL FROM DENNIS AND VICKI MORPHEW AT 863 VERNON AVENUE IN THE AMOUNT OF $1375 ON THE GROUNDS THAT THE PROPERTY IS BENEFITED BY AN AMOUNT IN EXCESS OF THE ASSESSMENT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Engineer Terry Maurer stated that the original notice of assessment mailed to property owners listed the assessment rate at $1,550 but he recommended that the amount be dropped to $1,375 per assessable unit because the bid from Bauerly Companies came in lower than expected. Mr. Maurer stated that new assessment notices would then be mailed to property owners in the overlay project. COUNCILMEMBER TVEITE MOVED TO APPROVE RESOLUTION 01-49 ADOPTING THE FINAL ASSESSMENT ROLL FOR THE 2001 STREET OVERLAY PROJECT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Mr. Maurer stated that the bid amount included the paving of 221'~ Avenue, which would be funded by the developers of Ridges of Rice Lake. Mr. Maurer stated the submitted bids were; Bauerly Brothers for $293,926.88, WB Miller for approximately $354,000 and Hardrives Inc. for approximately $450,000 COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 01-50 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE OVERLAY IMPROVEMENT OF 2001 PERMITTING THE EXEMPTION OF MCHESNEY PARK IN THE EVENT THAT ALL OWNERS WITHIN THE INDUSTRIAL PARK AGREE TO IT WITHIN ONE WEEK AND THE OWNERS WOULD THEN BE RESPONSIBLE FOR ANY FUTURE ROADWAY RECONSTRUCTION COSTS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes August 13, 2001 4.2. 221st Avenue Update 6.1. Page 6 City Engineer Terry Maurer updated the Council of possibly turning 221,t Avenue into a county road and in exchange the city would receive County Road 40. He stated that this topic would be discussed at the next joint City/County Board meeting. Open Mike Ken Lueck, 11388 198th Avenue - Stated that he would like to see the realty signs on the side of roads removed. He felt they were a nuisance and a safety hazard. Councilmember Motin stated that the city is aware of the problem. He stated that the signs are part of a fzrst amendment issue and the city attorney is researching the issue to see how far it can go in removing signs. He stated that the police department has been actively removing signs located on powerpoles. Steve Earhardt, 22130 Quinn Street - Stated that a developer working near his home is bringing in a lot of heavy equipment and he would like to see something done to keep the dust down on his gravel road. Street/Park Superintendent Phil Hals is looking into whether a chemical can be applied on the road surface to keep the dust down. Councilmember Dietz stated that he would like to see the road overlaid. Request by Gold Nugget Development, Inc. for Final Plat (K2iever Lake Fields), Case No. P Ol-08 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that Gold Nugget Development is requesting final plat approval of the f~rst addition of Kliever Lake Fields. She stated that the f'mal plat is consistent with the preliminary plat. COUNCILMEMBER KUESTER MOVED TO APPROVE RESOLUTION 01-5! GRANTING FINAL PLAT APPROVAL FOR KLIEVER LAKE FIELDS WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. OUTLOT A SHALL BE DEEDED TO THE CITY FOR PARK WHEN THE PLAT IS RECORDED. 4. A SIDEWALK SHALL BE CONSTRUCTED ALONG STREETS A, B, E AND G. 5. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. City Council Minutes Page 7 August 13, 2001 6. A SEAL COAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. A STORM WATER MANAGEMENT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. o A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. o UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY~ A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 10. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 11. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 13. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 14. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 15. THE MAILBOXES SHALL BE CLUSTERED. 16. THE DEVELOPER SHALL PROVIDE SNOW STORAGE EASEMENTS AROUND THE CUL-DE-SACS. 17. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 18. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 19. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes Page 8 August 13, 2001 6.2. Request by Alliance Community. Church for Interim Use Permit for Temporary. Classrooms Public Hearing - Case No. CU 01-2~ Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that Alliance Community Church is requesting approval of an interim use permit to allow installation of four temporary classrooms for up to five years. She stated that the applicant has purchased the Morrell property that is adjacent to the church property and the church is planning a future expansion of the school. Ms. McPherson stated that the applicant has met the criteria for an interim use permit. Vice Mayor Dietz opened the public hearing. There being no one to speak to this issue, Vice Mayor Dietz closed the public hearing. COUNCILMEMBER KUESTER MOVED TO APPROVE THE INTERIM USE PERMIT FOR ALLIANCE COMMUNITY CHURCH TO ALLOW THE INSTALLATION OF TEMPORARY CLASSROOMS UNTIL SEPTEMBER 1, 2006, WITH THE FOLLOWING CONDITIONS: 1. THE INSTALLATION SHALL COMPLY WITH THE BUILDING AND FIRE CODES. o LANDSCAPING MUST BE ADDED ALONG THE SOUTH EDGE OF THE PARKING AREA TO SCREEN THE CLASSROOMS FROM LIONS PARK BY OCTOBER 1, 2001. 3. THE CLASSROOMS MUST BE PAINTED TO MATCH THE PAINT SCHEME OF THE SCHOOL. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Request by City of Elk River for Amendment to the Conditional Use Permit for the Lions Park Shelter Addition, Public Hearing - Case No. CU 01-27 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the City of Elk River and the Lion's Club is requesting a conditional use permit to increase the expansion of the Lion's Park shelter from 4,320 square feet to 5,030 square feet. She stated that the change would allow more space for City Recreation and the bathrooms would each have an additional stall. Vice Mayor Dietz opened the public hearing. There being no one to speak to this issue, Vice Mayor Dietz closed the public heating. COUNCILMEMBER TVEITE MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT TO EXPAND THE LION'S PARK SHELTER TO 5,030 SQUARE FEET WITH THE FOLLOWING CONDITION: 1. ALL REQUIREMENTS OF THE CHIEF BUILDING OFFICIAL BE MET. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. City Council Minutes August 13, 2001 7. Other Business Page 9 There was no other business. 8. Staff Updates Finance Director LoriJohnson stated that the developer of Mississippi Oaks 2"d Addition violated his plat agreement with the city by cutting down numerous sizeable trees along the banks of the Mississippi River. She stated that Building and Zoning Administrator Steve Rohlf would be providing an update in the future regarding the type of action the city might take. Ms. Johnson stated that Police Union Arbitration has been settled. She stated that the arbitrator awarded $501 per month for coverage insurance. Ms. Johnson stated that the Wastewater Treatment Plant received a f~rst place award for a Region 5 Operation and Maintenance Excellence Award and won second place in the national awards. She stated that Mr. Leirmoe, the Chief Operator of the Wastewater Treatment Plant, would be requesting approval to go to Atlanta to receive the national award. 9. Adjournment There being no further business, Mayor I¥2inzing adjourned the meeting of the Elk River ~/~ity Council at 9:15/I~.. · .~a./'Q: Recording Secretary Tina Allard