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06-26-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 26, 1995 Members Present: Mayor Duitsman. Councilmembers Scheel. Dietz. Farber, and Holmgren Members Absent: None Staff Present: Pat Klaers. City Administrator; Sandra Thackeray, City Clerk; Terry Maurer. City Engineer 1. Call Meetina 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 June 26. 1995. Aaenda Item 9.1., Office Service Worker Update, was added to the agenda. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE JUNE 26, 1995, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider June 19, 1995, Reaular City Council Minutes COUNCILMEMBER SCHEEL MOVED TO APPROVE THE JUNE 19, 1995, MINUTES OF THE REGULAR CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Farber abstained as he was absent from the meeting. 3.2. Consider June 19. 1995. Executive Session City Council Minutes COUNCILMEMBER SCHEEL MOVED TO APPROVE THE JUNE 19, 1995, EXECUTIVE SESSION CITY COUNCIL MEETING MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Farber abstained as he was absent from the meeting. 4.1. Consider Awardina Bids for Main Street and Evans Storm Sewer Proiect City Engineer Terry Maurer stated that the city received a total of five bids for the Main Street and Evans A venue storm sewer improvement project with the lowest bid from Barbarossa and Sons in the amount of $370.991.85. - COUNCILMEMBER FAP.BER MOVED TO ADOPT RESOLUTION 95-37, A RESOLUTION ACCEPTING BID AND AUTHORiZING EXECUTION OF CONTRACT IN THE MATTER OF THE MAIN STREET/EVANS AVENUE INTERSECTION DRAINAGE IMPROVEMENT OF Elk River City Council Minutes June 26, 1995 Page 2 e 1995. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator indicated that this project will be funded from the Surface Water Management fund. 4.2. Consider Reauest for Transient Merchant License bv Dennis Bolles to Sell Ice Cream The City Clerk indicated that Dennis Bolles has made a request for a transient merchant license to sell ice cream in the City of Elk River from a vending truck. COUNCILMEMBER SCHEEL MOVED TO APPROVE A TRANSIENT MERCHANT LICENSE FOR DENNIS BOLLES TO ALLOW THE SALE OF ICE CREAM NOVELTIES FROM A VENDING TRUCK IN THE CITY OF ELK RIVER WITH THE EXCEPTION OF NOT BEING ALLOWED TO SELL ICE CREAM AT LAKE ORONO BEACH DURING THE FOURTH OF JULY CELEBRATION OR THE COMMUNITY FESTIVAL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Accept Resianation from Park and Recreation Commissioner Clete Lipetzkv e The City Administrator noted that the city has received a letter of resignation from Park and Recreation Commissioner Clete Lipetzky. The City Administrator also noted that he has one application on file from last January, and stated that the city's policy is to keep the applications on file for one year and that the Council may appoint these applicants without. Councilmember Dietz noted that he would be in favor of not appointing an eighth commissioner at this time, but waiting until the first of the year to make the appointment. He noted that by doing this. the applicant would be appointed the same time other applicants for commissions and boards are being interviewed and appointed. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE RESIGNATION FROM CLETE L1PETZKY FROM THE PARK AND RECREATION COMMISSION AND TO FULFILL THE VACANCY CREATED BY CLETE L1PETZKY IN JANUARY OF 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. Following discussion by the Council. it was the consensus to advertise for applicants for the Park and Recreation Commission to immediately fill the vacancy created by Clete Lipetzky. COUNCILMEMBER FARBER MOVED TO AMEND THE MOTION TO ADVERTISE FOR THE VACANCY CREATED BY CLETE L1PETZKY FOR THE PARK AND RECREATION COMMISSIONER IMMEDIATELY. COUNCILMEMBER DIETZ SECONDED THE AMENDMENT. THE MOTION AS AMENDED CARRIED 4-1. Councilmember Dietz opposed. 4.4. Consider Awardina Bid for Repaintina of Wastewater Treatment Plant Buildina - City Engineer Terry Maurer indicated that Rainbow. Inc., the low bidder of the WVVTP building repainting project. made a mistake in their original bid. He Elk River City Council Minutes June 26, 1995 Page 3 e indicated that they have resubmitted a bid of $20,350 which is still substantially lower than the second low bid. COUNCILMEMBER SCHEEL MOVED TO AWARD THE BID FOR THE REPAINTING OF THE WASTEWATER TREATMENT PLANT TO RAINBOW, INC., WITH A CHANGE ORDER TO BRING THE BID UP TO THE STANDING PRICE OF $19,610. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Update on American with Disabilities Act (ADA) Proiect The City Clerk updated the Council on the status of the American with Disabilities Act Study which has been completed by the city's ADA Consultant, Julee Quarve-Peterson. She indicated that the study consisted of a review of the city's policy, services, procedures, facilities and parks as they relate to the ADA law. The City Clerk informed the Council that Julee Quarve-Peterson will be present on July 1 7 to update the City Council on the study and to answer any questions. She further noted that staff is requesting the City Council to appoint an ADA Coordinator for the City of Elk River. COUNCILMEMBER HOLMGREN MOVED TO APPOINT SANDRA THACKERAY AS THE AMERICAN WITH DISABILITIES ACT COORDINATOR. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Discussion of Volunteer Appreciation Proaram e The City Clerk updated the Council on a draft program she has put together for the purpose of showing the city's appreciation to those serving on boards, commissions, and task forces. The program consists of a dinner for the volunteer and a partner or spouse, a gift for the volunteer, and a Certificate of Appreciation for those whose terms have expired. The City Council discussed the proposal. It was the consensus of the Council that only volunteers be invited to the appreciation program. The Council further indicated that the Economic Development Authority and Utilities Commission receive payment for their services and, therefore, would not be considered volunteers. It was also the consensus of the Council that the City Council and a staff liaison from each committee or group attend the appreciation program. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE APPRECIATION PROGRAM INCLUDING DINNER, GIFT FOR THE VOLUNTEER, AND CERTIFICATE OF APPRECIATION WITH THE CONDITION THAT NO COMPENSATED EMPLOYEES ATTEND THE VOLUNTEER APPRECIATION PROGRAM OTHER THAN THE CITY COUNCIL AND STAFF LIAISONS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.7. Update on City Jacket Proiect e The City Clerk indicated that staff has been requested to see if employees are interested in purchasing city jackets. She stated that after polling the employees she found that there were some employees who were interested in purchasing jackets. However, the majority of them were not willing to pay for the jacket. Elk River City Council Minutes June 26, 1995 Page 4 e The City Clerk suggested that the City Council supplement the cost of the jackets to make the cost more affordable for the employees. The City Clerk stated that she has received prices from two local vendors. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CITY TO PAY FOR THE ADVERTISING ON THE JACKETS WHICH INCLUDES THE ELK LOGO AND THE LEnERING ON THE JACKETS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.8. Award Dental Insurance Contract The City Administrator informed the Council that the city received quotes for dental coverage with the low quote from Medica. He noted that staff is requesting the Council to approve the Medica dental insurance contract. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE MEDICA DENTAL INSURANCE CONTRACT FOR THE PERIOD BEGINNING AUGUST 1, 1995, AT A SINGLE RATE OF $16.10 PER MONTH AND A FAMILY RATE OF $45.90 PER MONTH. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.9. Consider Authorizina Plans and Specifications for Hiahwav 10 and Joplin Street Intersection and Sianal e City Engineer Terry Maurer updated the City Council on the Trunk Highway 10/ Joplin Street intersection improvements. Terry Maurer indicated that the cost for this improvement will be split between the city and the state. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-38, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MAnER OF THE TRUNK HIGHWAY 10/JOPLlN STREET INTERSECTION IMPROVEMENT OF 1995. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.10b. Elk Hills Drive and Dodae A venue/Street Proiect City Engineer Terry Maurer noted that he had a meeting with Gary Santwire and Arlon Fuchs to discuss the concepts and layout of the Dodge A venue/Elk Hills Drive intersection. Terry Maurer noted that one of the proposals suggested by Gary Santwire was to have Elk Hills Drive terminated by way of a cul-de-sac. Terry Maurer suggested that the Elk Hills residents be asked whether they would be in favor of cul-de-sacing Elk Hills Drive. Terry Maurer also informed the Council that he will be moving forward with finalizing the plans, layout. and design of the intersection. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE CITY ENGINEER TO PROCEED WITH THE PLANS, LAYOUT, AND DESIGN OF THE ELK HILLS DRIVE INTERSECTION AND TO AUTHORIZE THE ENGINEER TO SEND A MAILING TO THE ElK HILLS DRIVE RESIDENTS QUESTIONING THEM WHETHER THEY WERE IN FAVOR OF CUL-DE-SACING ElK HILLS DRIVE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e 4.100. Western Area Phase II Proiect Update Elk River City Council Minutes June 26, 1995 Page 5 e City Engineer Terry Maurer updated the Council on the Western Area Phase II project. He indicated that the streets are passable but it is no longer expected that the first layer of blacktop be completed by July 4. County Road 12/13 The City Engineer updated the Council on the County Road 12/13 drainage improvement project. Waterina Bans The Council discussed the possibility of a watering ban ordinance in the City of Elk River. Terry Maurer indicated that the Elk River Utilities Water Superintendent has indicated that the Utilities Commission may be requesting the City Council to draft an ordinance that would allow the City of Elk River to have a watering ban. The City Administrator indicated that this issue could be discussed at a joint Utilities/City Council meeting. Holt and Jackson The City Engineer updated the City Council on the Holt A venue and Jackson Avenue project. Pedestrian Traffic/Jackson A venue e Councilmember Farber noted that pedestrian traffic will have difficulty crossing Jackson Avenue and Highland Road and Freeport Avenue. He suggested that a signal be planned for Jackson A venue and either Highland Road or Freeport A venue. 9. Staff Updates 9.1. Office Service Worker The City Administrator informed the Council that the Office Service Worker, T ammi Fields, has submitted her resignation. The City Clerk indicated that she has advertised for this position in the Star News and the West Sherburne Tribune. 9.2. T araet The City Administrator informed the Council that Target will be holding its grand opening on Sunday, July 23, at 2 p.m., and indicated that the City Council is invited to attend. 7. Check Reaister COUNCllMEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER. COUNCllMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. e The City Council recessed at 6:55 p.m. and reconvened at 7 p.m. Elk River City Council Minutes June 26, 1995 Page 6 e 5. Open Mike No one appeared for this item. 6.1. Public Hearina to Consider Overlay Improvements for Greenhead Acres 1 st, 2nd, and 3rd Additions 6.2. Public Hearina to Consider Overlay Improvements for Countryside Acres 6.3. Public Hearina to Consider Overlay Improvements for Avon Acres 6.4. Public Hearina to Consider Road Improvements for Trunk Hiahway 10 Frontaae Road West of Edison Street. 153rd Avenue, and Fillmore Street Cul-de-sac City Engineer Terry Maurer reviewed the scope of the proposed project as follows: · Overlaying roads in Greenhead A~res 1 st. 2nd. and 3rd Additions. · Overlaying roads in Countryside Acres. · Overlaying roads in Avon Acres area, and · Analyzing the feasibility of road improvements to Trunk Highway 10 frontage road west of Edison Street. 153rd A venue. and Fillmore Street cul-de-sac. The City Engineer informed the Council that the proposed assessment for the improvements is on a per parcel basis and indicated that the estimated assessment at this time is $1.505 per parcel. The City Engineer reviewed assessment schedules of three and five year repayment periods. e Mayor Duitsman opened the public hearing. 1. The City Clerk noted that Mark Johnson, 21101 York Street, submitted a letter regarding the excessive cost for the assessment. 2. The City Clerk noted that Loren and Barb Thompson, 12630 212th Avenue NW, submitted a letter indicating their opposition to the project. 3. The City Clerk indicated that she received a phone call from Reggie and Janice Kreuser. 19885 Gary Street, who indicated their opposition to the project. 4. The City Clerk indicated that she received a phone call from Hattie Leary, 21172 York Street, indicating opposition to the improvements. 5. Joseph Sf. Dennis, 21275 York Street, Greenhead 3rd Addition. indicated his opposition to the city's policy of assessing the homeowners for an overlay project. He stated that by assessing for overlays. the tax rate is artificially lowered. 6. Bill Polk, 15656 Edison Street. indicated in favor of that he owns a business at this address and that he is not opposed or for the project. However, he is concerned about the amount of taxes he pays to the city. e Elk River City Council Minutes June 26, 1995 Page 7 e 7. John Lind, 9922 153rd Avenue NW, indicated he owns two narrow lots and indicated he does not intend to sell either lot. He stated he felt he should be assessed for only one parcel. The City Engineer suggested that if Mr. Lind has no intention of selling either lot. that he combine the lots and, in that way, he would be assessed for only one parcel. 8. Dennis Coleman, 19959 Gary Street, questioned the City Engineer as to how long an overlay would last and also whether the residents can be assured that there will be no additional costs for sewer and water improvements to the area. 9. Dave Harmonick, 21146 York Street, questioned why the city is assessing for this type of project. He indicated that he felt an overlay should be covered by the normal taxes. 10. Jim Lundquist, 21244 Vernon Street, indicated his concern regarding a pond across the road from him and how it would affect the overlay. He further indicated that he did not feel the residents should be assessed on a per parcel basis. He indicated he is opposed to the improvement. 11. Art Johnson, 9956 153rd Avenue, indicated he is in favor of the improvements as Edison Street is in need of repair. 12. Del Thompson, 20680 Watson Street, indicated he is opposed to the project and stated that if the streets were maintained in a better fashion, it would not be necessary to overlay the roads. e 13. Daryl Peterson, 12793 210th Circle, indicated he is speaking on behalf of numerous people in the Greenhead development. He stated he felt the people in Greenhead were being singled out for this road improvement and questioned what areas of the city had overlay improvements in the past. He stated he is not opposed to maintaining the roads. 14. Wayne Radloff, 12781 206th Avenue, questioned why some of the property owners did not receive notice. 15. Rose Allison, 21380 Vernon, indicated that she is not ready to pay for the improvements at this time. 16. Warren Hudson, 1154 6th street, Countryside Acres, indicated he is opposed to the method of assessing the project. He suggested that a small city tax to all residents would be a better method than an assessment. 17. Daryl Droogsma, 13323 199th Avenue, indicated he is opposed to the improvement. He further stated that he would rather see the citizens taxed for this instead of an assessment. and also stated that he felt the streets were in good shape. Mr. Droogsma indicated he would like to see speed bumps on 199th A venue. e Elk River City Council Minute~ June 26, 1995 . Page 8 e 18. i TIm Bykowski,: 12767 210th Circle, indicated that he felt his taxes are already helping maintain services for which he does not benefit from. 19. Joel Oakes, 21019 York Street, indicated he is in favor of the project. There being no further comments from the public, Mayor Duitsman closed the public hearing. Councilmember Holmgren spoke to the subject of the city's policy of assessing overlays as opposed to a tax levy for overlays. He indicated that although this is a good idea, he felt the time is not right to tax citizens for this type of project. Councilmember Farber stated that he felt the streets need to be kept in good repair and indicated that without an overlay the streets would deteriorate at a much more rapid pace. Councilmember Scheel indicated she liked the idea of taxing the citizens for overlays as opposed to assessing them. She further noted that she would vote against the overlays on behalf of her constituents except for the Avon Acres area. Councilmember Dietz indicated he did not feel a tax levy for an overlay would be very equitable. He indicated it would be very difficult to prioritize the road improvement project. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-39, A RESOLUTION ORDERING THE IMPROVEMENT IN THE MATTER OF THE 1995 BITUMINOUS OVERLAY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-40, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE 1995 BITUMINOUS OVERLAY IMPROVEMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. East Hiqhwav 10 Worksession The Council recessed at 8:20 p.m., and moved to the Training Room to hold a worksession to discuss East Highway 10 improvements. The Council reconvened in a worksession at 8:30 p.m. The Council spent approximately one hour discussing the potential improvements to East Highway 10. The following items were distributed: e · Urban service area study map · Estimated assessment rate for possible urban service area · Letter from St. Cloud Appraisal · Map indicating major landowners . Timeframe Elk River City Council Minutes June 26. 1995 Page 9 e 11. Adiournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 9:30 p.m. andra Thackeray City Clerk e e