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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. eo 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