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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