09-28-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, SEPTEMBER 28, 1998
Members Present:
Members Absent:
Staff Present:
Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and
Holmgren
None
Pat Klaers, City Administrator; Lori Johnson, Assistant City
Administrator; Sandra Peine, City Clerk; Steve Rohlf, Building/Zoning
Administrator: Scott Harlicker, Planning Assistant: Terry
Maurer, City Engineer; Dave Sellergren, City Attorney
Call Meetinq To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6 p.m. by Mayor Duitsman.
2. Consider Agenda
o
4,1.
The following items were added to the agenda:
7.1.
Ice Arena Dehumidifiers
Consider Resolution Appointing Election Judges for General Election
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 9/28/98 COUNCIL AGENDA AS
AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED
5-0.
Consider Consent Agenda
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS:
3.1a. 9/16/98 BOARD OF CANVASS MINUTES - APPROVED
3.1b. 9/21/98 REGULAR MEETING MINUTES- APPROVED
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Approve Worker's Compensation Insurance Renewal
Assistant City Administrator Lori Johnson provided the Council with claims reports for
October 1995 through August 1998, which indicated that the city has not
experienced any claim in excess of the $5,000 deductible during that time period.
She indicated that although the city has remained below the $5,000 deductible, one
claim in excess of $8,500 would result in additional cost to the city.
Elk River City Council Minutes
September 28, 1998
Page 2
Following discussion it was the consensus of the Council to remain with the $5,000
deductible, but to review the possibility of moving to a $10,000 deductible on a
yearly basis.
COUNCILMEMER DIETZ MOVED TO APPROVE THE INSURANCE RENEWAL WITH THE
LEAGUE OF MINNESOTA CITIES WITH THE MANACLED CARE OPTION AT A $~,000
DEDUCTIBLE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
4.2. Consider Purchase of Buildin.q/Zonin.q Vehicle
City Administrator Pat Klaers indicated that the Council tabled this issue at its last
meeting. The City Administrator indicated that the decision should be based on
whether or not the Council feels that there is a need for another four wheel ddve in
the inspection depadment.
COUNCILMEMBER THOMPSON MOVED TO APPROVE THE PURCHASE OF A FOUR WHEEL
DRIVE VEHICLE FOR THE BUILDING DEPARTMENT. COUNCILMEMBER FARBER SECONDED
THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed.
5. Open Mike
There was no one present for this item.
6. Public Hearin.q - East Elk River Sewer and Water Public Improvement Project
Mayor Duitsman indicated that this evening's meeting includes a public hearing for
the proposed east Elk River sewer and water project. He stated that the purpose of
the meeting is to receive input from citizens and affected property owners regarding
the possible extension of utilities.
City Engineer Terry Maurer gave a presentation to the Council and the public
regarding the proposed project. The presentation included the following aspects of
the project:
· project history
· proposed trunk utility improvements
· estimated project costs including street and storm sewer
· proposed assessment for trunk utilities
· 429 process
· future project schedule.
Mayor Duitsman opened the public hearing.
Harold Novotny questioned the assessment cost and SAC/WAC fees to commercial
and industrial property versus residential property.
Scott Powell, Elk River Ford, indicated he has land on both sides of Highway 10 and
stated that he is in favor of having sewer and water available to both sides of the
highway.
Elk River City Council Minutes
September 28, 1998
Page 3
Craig Howse, attorney for Mr. & Mrs. Brown, 10815 175th Avenue NW, indicated that
the Brown's are neither for or against the assessment, however the Brown's wanted
the Council to know that they will be losing their home due to the utility and street
alignment. He indicated that the value of their property has already decreased due
to the rezoning. Mr. Howse requested the Council to follow through with the
acquisition of the Brown property prior to the assessments being levied against the
property.
Mayor Duitsman stated that the city will not be acquiring any road right of way until
the acquisition is approved by MnDOT. He further indicated that if acquisition of the
Brown property is approved by the city for a business park, it should be done by the
Economic Development Authority. He requested the Brown's to appear before the
Economic Development Authority with the proposition of the EDA purchasing their
property for a business park.
Mike Mijak, 18260 Yankton Street NW, questioned why the city chose to go north and
south on Highway 10 rather than moving utilities to the east on County Road 12. The
City Engineer indicated that by going south on Highway 10 there was more
opportunity for commercial and industrial development.
There being no further comments, Mayor Duitsman closed the public hearing.
ac
Consider Resolution Approving Plans and Specifications and Ordering
Advertisement for Bids
MAYOR DUITSMAN MOVED TO APPROVE RESOLUTION 98-106 APPROVING THE
PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN
THE MATTER OF THE EAST ELK RIVER PHASE I IMPROVEMENT OF 1998.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Consider Motion Directing Evergreen Land Services Company and Staff to
Pursue Permanent and Temporary Utility Easements
MAYOR DUITSMAN MOVED TO DIRECT STAFF TO WORK WITH EVERGREEN LAND
SERVICES TO OBTAIN PERMANENT AND TEMPORARY EASEMENTS NEEDED FOR
THE PROJECT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
Consider Motion Calling a Special City Council Meeting for December 3,
1998, for a Public Hearinq Re.qardin.q Proposed Assessments for the East Elk
River Sewer and Water Public Improvement Project
MAYOR DUITSMAN MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL
FOR DECEMBER 3, 1998, AT 6 P.M. AT CITY HALL FOR THE PURPOSE OF HOLDING
AN ASSESSMENT HEARING FOR EAST HIGHWAY 10 IMPROVEMENTS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED
5-0.
City Attorney Dave Sellergren informed the public that everyone proposed to
be assessed for this project will receive a mailed notice and will have an
opportunity at the assessment hearing to object or not object. He explained
Elk River City
September 28,
Council Minutes Page 4
1998
that in order to formally appeal, the property owner must provide a written
objection.
Consider Resolution Determininq Assessed Costs of Improvement and
Ordering Preparation of Proposed Assessment Roll
MAYOR DUITSMAN MOVED TO APPROVE RESOLUTION 98-107 DETERMINING
ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT ROLL IN THE MATTER OF EAST ELK RIVER PHASE I
IMPROVEMENT OF 1998. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
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Consider Resolution Orderin.q the Sewer and Water Public Improvement
Project for East Elk River
The City Administrator indicated that the adoption of the next resolution
orders the improvement for the large project. Councilmember Holmgren
indicated his concern about completing the entire project at this time. He
indicated that he is not sure that the city can afford to pay for the entire
project at one time. Discussion was held regarding the size of the project. It
was noted by the engineer that the Council will have the opportunity to
either go with the whole project or to reduce the project size prior to
approving the bids.
MAYOR DUITSMAN MOVED TO APPROVE RESOLUTION 98-108 ORDERING THE
IMPROVEMENT IN THE MATTER OF THE EAST ELK RIVER PHASE I IMPROVEMENT OF
1998. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
Other Business
7.1. Ice Arena Dehumidifiers
City Administrator Pat Klaers indicated that the city received an offer to
purchase the existing dehumidifiers from the Ice Arena from Commercial
Refrigeration at a price of ,$10,000.
COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE SALE OF THE TWO
DEHUMIDIFIERS TO COMMERCIAL REFRIGERATION FOR THE PRICE OF $10,000 AS
STATED IN THE AGREEMENT. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
7.2.
Consider Resolution Appointing Election Judges for the General Election
November 3, 1998
COUNCILMEMBER HOLMGREN MOVED TO APPROVE RESOLUTION 98-109
APPOINTING ELECTION JUDGES FOR THE GENERAL ELECTION ON NOVEMBER 3,
1998. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
Elk River City Council Minutes
September 28, 1998
Page 5
8. Staff Updates
There were no staff updates.
9. Adjournment
There being no fudher business, Mayor Duitsman adjourned the meeting at 7:07 p.m.
City Clerk