08-28-1995 CC MIN
e
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, AUGUST 28, 1995
Members Present:
Mayor Duitsman, Councilmembers Dietz, Scheel. Farber and
Holmgren
Members Absent:
None
Staff Present:
Pat Klaers, City Administrator; Lori Johnson, Assistant City
Administrator; Sandra Thackeray, City Clerk; Phil Hals, Streets/Parks
Superintendent; 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 City Council Aaenda
Item 7.4a., Living Waters Church, was added to the agenda.
tit
COUNCILMEMBER FARBER MOVED TO APPROVE THE AUGUST 28, 1995, CITY
COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
3.
Consider Consent Aaenda
COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS
FOLLOWS:
4.1. 8/21/95 EXECUTIVE SESSION CITY COUNCIL MINUTES -- APPROVED
4.2. 8/21/95 REGULAR CITY COUNCIL MINUTES -- APPROVED
7.2. SPECIAL ASSESSMENT REAPPORTIONMENTS FOR HILLSIDE ESTATES 4TH
ADDITION, COUNTRY RIDGE BUSINESS CENTER, HERITAGE LANDING
SECOND ADDITION, MEADOWVALE HEIGHTS SECOND ADDITION, KINGMAN
TOWN HOMES, AND COUNTRY RIDGE SECOND ADDITION -- APPROVED
7.3. RESOLUTION 95-55 APPROVING PREMISES PERMIT RENEWAL FOR VFW POST
#5518 -- APPROVED
8. CHECK REGISTER -- APPROVED
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.4.
Consider Bids for Elk Hills Drive/Dodae A venue Improvements
.
The City Engineer reviewed his memo on this project dated 8/24/95 and
indicated that five bids were received for the Dodge A venue/Elk Hills Drive
intersection improvement project. The low bidder was Forest Lake Contracting
at $386,620.30. He further stated that the overall cost of the improvement is
Elk River City Council Minutes
August 28, 1995
Page 2
e
higher than anticipated. The City Administrator suggested to defer action on
this issue until after agenda item #9.
COUNCILMEMBER DIETZ MOVED TO DEFER THIS ISSUE UNTIL AFTER COUNCIL REVIEW
OF THE 1996 BUDGET (ITEM #9). COUNCILMEMBER FARBER SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
5. PUBLIC HEARING ON ASSESSMENTS FOR THE 1995 OVERLAY PROJECT
5.1. Consider Resolution Adoptina the Assessment Roll for the 1995 Overlay
Improvements
5.2. Consider Resolution Acceptina the Bids and Directina the Mayor and City
Council to Enter into a Contract with the Lowest Responsible Bidder
City Engineer Terry Maurer reviewed the proposed improvements involved in the
1995 Overlay Improvement Project. Those areas involved in the project include
Greenhead Acres 1st. 2nd and 3rd Additions, Countryside Acres, and Avon
Acres. Also included in the project is some unplatted land located near Avon
Acres. Terry Maurer indicated during the June 26. 1995. public hearing for the
improvement project. the proposed assessment $1,505 per unit. He explained
that based on the consfLuction bids and the number of units, staff is
recommending to reduce this amount by 14 percent which would equal $1,300
per unit.
e
Terry Maurer proceeded to review the following special concerns regarding this
assessment project as outlined in his 8/23/95 memo.
1. Ed Babcock - Parcel 75-024-2110 - Property is accessed from Highway 10 -
does not have access on any of the roads proposed to be .
2. Janice Krueser - Parcel 75-499-1030 and 75-499-0110 -Is in the process of
combining the two lots. One lot contains a pond and is not a buildable
lot.
3. Orrock - Parcel 75-116-2301; Miller - 75-116-3301; Larsen - 75-116-3302;
Radloff - 75-116-3304; Honek - 75-117-4009 - These parcels are accessed
by a private road - If their private road were to be upgraded to city
standards and taken over by the city, they would be assessed the full
cost of the upgrade.
4. Kenneth and Velda Brown - Parcel 75-470-0211 and 75-024-2116 - These
two parcels have been combined at the city's request because Parcel
75-024-2116 is not accessible by any road. The county cannot combine
these for tax purposes due to the nature of one parcel being platted
and the other being metes and bounds. However, the city will verify that
they are combined for zoning purposes.
5.
stacy and Yon Hui Hazelwood - Parcels 75-024-2117 and 75-470-0210-
These two parcels have been combined for zoning purposes. The City
requested that this be done because one of the lots was unbuildable.
Once again the county cannot combine the two lots due to one lot
--
Elk River City Council Minutes
August 28, 1995
Page 3
e
being metes and bounds and the other one being a platted lot. The city
will verify that they are combined for zoning purposes.
Mayor Duitsman opened the public hearing.
Brian Anderson, 21265 Concord Street indicated that the people of Greenhead
Acres First Addition do not feel Concord Street is in need of an overlay at this
time. Mr. Anderson submitted a petition signed by nineteen of the residents on
Concord Street indicating their opposition to the 1995 Street Overlay Project.
Streets/Parks Superintendent Phil Hals indicated that the roads in Greenhead
Acres First Addition are fifteen years old and are experiencing alligator cracking.
He stated that it would be best to overlay the streets now so that they don't
deteriorate further with the possibility of having to rebuild them at a higher cost
in the future.
A resident of Countryside Acres living on Ironton A venue indicated that he was
under the impression that the streets in that area were overlayed in 1994 and
feels it is not necessary that the streets be overlayed again. Phil Hals indicated
that the 1994 overlay of a section of Countryside Acres was merely a patch job
to save the roads until a complete overlay could be done in 1995.
The City Administrator reviewed the procedure for appealing an assessment.
e
Joe Nathe, 15238 Adams Street NW, indicated that the roads in Avon Acres have
not been touched by the city in fifteen years. He questioned why the taxpayers
money isn't put into escrow so that when projects like these are necessary, the
money would be available. He indicated that he should be assessed for only
one parcel.
Randy Seliga, 15322 Edison Street NW, indicated that he has two parcels that are
combined into one lot and questioned why he is receiving two assessments. He
further indicated that if the Council reduces the Brown's assessments for two lots
to one parcel. he feels he should be treated the same. The City Engineer
questioned whether Mr. Seliga has two Property ID numbers. Mr. Seliga
indicated that he did have two Property ID numbers. It was suggested that he
therefore has two parcels of property.
There being no further comments, Mayor Duitsman closed the public hearing.
Councilmember Dietz indicated that he felt the project should move forward at
this time including Concord Street.
Councilmember Scheel indicated that she would not be in favor of overlaying
Concord Street at this time.
e
Councilmember Holmgren indicated he felt that the property owners of
Greenhead Acres First Addition were taking a dangerous risk by not overlaying
Concord Street at this time. He further indicated that there is a chance that the
road may need more than an overlay in the future if allowed to wait too long.
He further indicated that if the road needs to be rebuilt. it is probable that the
assessment will be much higher than the $1,300.
Elk River City Council Minutes
August 28, 1995
Page 4
e
COUNCILMEM8ER S~HEEL MOVED TO DELETE CONCORD STREET IN GREENHEAD
ACRES FIRST ADDITION FROM THE 1995 OVERLAY ASSESSMENT PROJECT.
COUNCILMEM8ER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-
2. Councilmembers Dietz and Farber opposed.
COUNCILMEMBER SCHEEL MOVED TO ASSESS JOE NATHE, PARCEL 75-525-0110,
FOR ONE PARCEL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
COUNCILMEM8ER DIETZ MOVED TO ADOPT RESOLUTION 95-56, A RESOLUTION
ADOPTING THE FINAL ASSESSMENT ROLL FOR THE 1995 OVERLAY IMPROVEMENT
PROJECT WITH THE DELETION OF CONCORD STREET IN GREENHEAD ACRES FIRST
ADDITION FROM THE ASSESSMENT ROLL. AND FURTHER. THAT A DECISION ON
WHETHER OR NOT TO INCLUDE THE FOLLOWING PARCELS IN THE ASSESSMENT BE
CONTINUED TO THE SEPTEMBER 18. 1995, CITY COUNCIL MEETING:
SELIGA - 75-024-1201 - 75-024-2115
BROWN - 75-470-0211 - 75-024-2116
AND THAT THE FOLLOWING PARCEL NUMBERS BE DELETED FROM THE ASSESSMENT
ROLL:
e
BABCOCK - 75-024-2110
OR ROCK - 75-116-2301
MILLER - 75-116-3301
LARSEN - 75-116-3302
RADLOFF - 75-116-3304
HONEK - 75-117-4009
AND THAT KREUSER - 75-499-1030 AND 75-499-0110 BE ASSESSED FOR ONE
PARCH.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-
O.
COUNCfLMEMBER FAR8ER MOVED TO ADOPT RESOLUTION 95-57, A RESOLUTION
ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF
THE OVERLAY IMPROVEMENT OF 1995. COUNCILMEMBER HOLMGREN SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
Two assessment appeals were given to the City Council from Tom Joyce. Parcel
75-499-0196 and James Slocum. 75-499-0327.
COUNCILMEM8ER DIETZ MOVED TO REJECT THE ASSESSMENT APPEAL FROM TOM
AND LAURIE JOYCE, PARCEL 75-499-0196, ON THE GROUNDS THAT THE PROPERTY
WILL BE BENEFITED MORE THAN THE AMOUNT OF THE ASSESSMENT.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-
O.
e
COUNCILMEMBER HOLMGREN MOVED TO REJECT THE ASSESSMENT APPEAL FROM
JAMES AND SANDRA SLOCUM. PARCEL 75-499-0327, ON THE GROUNDS THAT THE
PROPERTY WILL BE BENEFITED MORE THAN THE AMOUNT Of THE ASSESSMENT.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Elk River City Council Minutes
August 28, 1995
Page 5
e
Mr. Slocum stated that he was opposed to the assessment because the area in
Countryside Acres that needed repair was patched one year ago. He further
stated that the rest of Countryside Acres does not need to be overlayed as the
roads are in good condition.
6.
Open Mike
No one appeared for this item.
7.1. Consider Bids for Pavinq Woodland Trails Park
Streets/Parks Superintendent Phil Hals indicated that the city received four bids
for asphalt paving of the Woodland Trails Park. The low bid was from Aero
Asphalt at $59,325.
COUNCILMEMBER DIETZ MOVED TO AWARD THE BID TO AEkO ASPHALT OF
ROGERS, MINNESOTA AT $59,325 FOR THE PAVING OF THE WOODLAND TRAILS
PARK. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED
5-0.
7.40.
Livina Waters Church ReQuest
e
The City Administrator indicated thot the living Waters Church has requested to
extend its use of the old County Market located at the Elk River Mall to
September 10 for its revival meetings.
COUNCILMEMBER SCHEEL MOVED TO GRANT AN EXTENSION TO LIVING WATERS
CHURCH FOR THE USE OF THE COUNTY MARKET BUILDING 10 SEPTEMBER 10.
COUNCllMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.5. Verbal Update on Ice Arena
The City Administrator informed the Council that the Youth Hockey Boord has
indicated its desire to take action that would officially turn the existing ice arena
over to the city provided that a second arena is constructed as proposed. He
indicated that the action has not been officially taken at this time, however. the
Youth Hockey Board intends to vote on this issue at its next meeting.
The City Council recessed at 7:25 p.m. and moved to the Training Room for a budget
worksession. The City Council reconvened at 7:35 p.m.
9. Budqet Worksession
The City Administrator reviewed the proposed 1996 General Fund Expenditures.
the expenditures in the special levies budgets and some of the general fund
revenues.
e
The Council was advised that the expenditures are proposed in the amount of
$4,190.000 and that revenues are proposed in the amount of $4,138.150. This
leaves a general fund gap between expenditures and revenues of $51.850. This
budget gap includes a net tax capacity growth of 15.06% and the city tax rate
Elk River City Council Minutes
August 28, 1995
Page (i
e
increasing by 2% (from approximately 24 to 24.5). At this time the proposed
expenditures are projected to increase 12.25% and the proposed revenues are
projected to increase 10.88%.
The City Administrator reviewed the 24 departmental budgets in the general
fund and the 6 special levies (library, equipment certificates, special
assessments. HRA. EDA and landfill). The City Administrator distributed a capital
outlay summary page and a new equipment reserve special levy page. The
following general fund revenues were reviewed: taxes, intergovernmental
revenues. charges for services and fines/forfeits.
It was noted that the surface water management levy was 2.25% of the total in
1995 and is scheduled to be 2.25% of the total levy in 1996.
COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE CITY
COUNCIL ON SEPTEMBER 5, 1995, AT 5 P.M. IN THE TRAINING ROOM TO REVIEW THE
PROPOSED 1996 GENERAL FUND BUDGET AND TO CONSIDER BIDS FOR THE ELK
HILLS DRIVE/DODGE AVENUE PROJECT AND OTHER AGENDA ITEMS THAT MAY NEED
COUNCIL ACTION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
10. Other Business
7.4.
Elk Hills Drive/Dodae Avenue Bids
e
COUNCILMEMBER DIETZ MOVED TO CONTINUE CONSIDERATION OF THE
BIDS FOR THE ELK HILLS DRIVE/DODGE AVENUE IMPROVEMENT PROJECT
UNTIL THE SEPTEMBER 5, 1995, MEETING. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
11. Staff Updates
The City Administrator distributed a memo from the Building Official regarding
the Elk River School District SAC charge. The City Administrator explained that
the Elk River School District is planning to relocate its Alternative Learning Center
(ALe) from its existing site to another site for 2 or 3 years. The School District is
requesting the city to consider a credit in the SAC charge for the temporary
location. The City Administrator stated that the School District would be
charged an estimated 7 additional SAC units. He suggested that since this is
going to be a temporary facility, the SAC charges could be credited to the
School District for their future permanent site.
It was the consensus of the Council to draft a letter of understanding to the
School District stating that the SAC charges paid on the temporary facility would
be credited to the School District when the ALC center moves into a future
permanent site.
e
The City Administrator informed the Council that test wells need to be dug on
the property that the city is considering purchasing which is located next to the
Elk River City Council Minutes
August 28, 1995
Page 7
e
city's sludge land. The City Administrator requested that the Council authorize
funds for this testing. It was the consensus of the Council to authorize funds for
the digging of test wells on the property.
12.
Adiournment
There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN
THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
The meeting of the Elk River City Council was adjourned at 10: 15 p.m.
Respectfully submitted,
~~e:;;~Au-
City Clerk
e
e