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09-27-1993 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 27, 1993 Members Present: Vice Mayor Dietz, Councilmembers Scheel, Holmgren and Dietz Members Absent: Mayor Duitsman Staff Present: Pat Klaers, City Administrator; Lori Johnson, Finance Director; Sandra Thackeray, City Clerk; Terry Maurer, City Engineer; Peter Beck, City Attorney 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:05 p.m. by Vice Mayor Dietz. 2. Consider 9/27/93 City Council Agenda The following items were added to the agenda: 7.12. Jackson Avenue Sidewalk 5.9. Policy on non-verbal Special Assessment Searches The following item was deleted: 7.5. Consider awarding bid for 22lst Avenue road improvements COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 9/27/93 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 9/20/93 City Council Minutes Vice Mayor Dietz requested the following change to Item 10 under the third paragraph of the WIF discussion; The first sentence should be amended as follows: Councilmember Dietz indicated that when the Council discussed the WIF Policy, he argued against the Policy at that time. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 9/20/93 MINUTES AS AMENDED. COUNCILMEMBER FARBER SECONDED THE MOTION CARRIED 4-0. CITY COUNCIL MOTION. THE 4. Presentation by Dan Greene Regarding Insurance Renewals Dan Greene distributed a copy of a renewal summary for the City's premium for casualty insurance and worker's compensation insurance. Dan Greene reviewed the summary for the City's casualty insurance and stated that the increase shown is not due to an increase in premium, but due mainly to an increase in expenditures and property limits. Dan Elk River City Council Meeting September 27, 1993 Page 2 e Greene noted that the League of Minnesota Cities insurance continues to be the lowest rate due mainly to the fact that they are a non-profit company. Dan Greene also reviewed the City's worker's compensation insurance. He stated that by continuing with the League of Minnesota cities worker's compensation insurance, the City would save $43,522 from October 1, 1993, to October 1, 1994, compared to the State plan. He further stated that from last year's premium, the City has experienced a 7.2% rate reduction. COUNCILMEMBER HOLMGREN MOVED TO ACCEPT THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PACKAGE FOR CASUALTY AND WORKER'S COMPENSATION INSURANCE FOR THE CITY OF ELK RIVER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.1. Consider Premise Permit Renewal for Charitable Gambling at Broadway Bar and Pizza by Confidence Learning Center City Clerk, Sandra Thackeray, stated that Confidence Learning Center has requested renewal of its premise permit to continue operating charitable gambling at Broadway Bar and Pizza. She stated that Confidence Learning Center has met the City's requirement of spending 75% of its net profits in the trade area on a three year average during the years 1991-1993. e Councilmember Scheel questioned whether it was Gambling Control Board to donate money to Special Ed programs. The City Clerk indicated allowed, she will be notified by the State. allowed by the State the Junior High School that if it is not Discussion was held regarding the fact that Confidence Learning Center did not meet the full 75% requirement in 1992. The City Clerk stated that in 1992, Confidence Learning Center donated 65% and through averaging over the three years, 78% was spent in the trade area. She indicated that although the City Code requires 75% to be spent on a yearly basis, she felt that Confidence Learning Center has been trying to improve the situation and has been working closely with her to meet the requirement. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-50, A RESOLUTION APPROVING A TWO YEAR PREMISE PERMIT APPLICATION FOR CONFIDENCE LEARNING CENTER AT BROADWAY BAR AND PIZZA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2. Consider Premise Permit Renewal for Charitable Gambling at Dick's Riverfront Bar by Elk River Jaycees e City Clerk, Sandra Thackeray, indicated that the Elk River Jaycees have requested renewal of their premise permit to continue operating charitable gambling at Dick's Riverfront Bar. She indicated that the Jaycees have met the City's requirement of spending at least 75% of the yearly net profits in the Elk River trade area. Elk River City Council Meeting September 27, 1993 Page 3 e COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-51, A RESOLUTION APPROVING PREMISE PERMIT APPLICATION FOR THE ELK RIVER JAYCEES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Consider Ordinance Amendment to Section 704 Relating to Therapeutic Massage and Sauna Establishments section 704 City Clerk, Sandra Thackeray, indicated that the City Council reviewed an ordinance pertaining to therapeutic massage and sauna establishments on June 7, and tabled the issue due to several concerns. She indicated that since that meeting she has further researched the topic and has made some revisions to the ordinance. Some of the revisions included increasing the number of classroom and training hours from 100 to 500 hours, allowing for on-site therapeutic massage, and reducing the amount of liability insurance from $1,000,000 to $500,000. The City Clerk also informed the Council that there will be two ordinance amendments forthcoming to the Planning Commission and City Council relating to therapeutic massage. One ordinance amendment would allow therapeutic massage to take place as a permitted use in C-1, C-2, and C-3 zones and the other ordinance amendment would allow therapeutic massage as a home occupation under a conditional use permit. e Councilmember Scheel indicated that she did not understand why massage therapists must have a physical examination to show that they do not carry a communicable disease. She indicated that the City does not require any other licensed business to show proof that they do not carry a communicable disease. The City Clerk indicated that she had researched several other ordinances from other cities and found that the majority of the cities required that the massage therapist did not carry a communicable disease. Discussion was held regarding the cost of a physical to show proof that the therapist does not have a communicable disease. Discussion also pursued regarding the fact that the ordinance was not specific in mentioning certain types of communicable diseases. Councilmember Farber indicated that his concern would be over Hepatitis B as this is a highly contagious disease. Councilmember Scheel questioned what the State requirement was for physical therapists in relation to communicable diseases. Sharon Bauer indicated that she practices Shiatsu and questioned whether this would be covered under the ordinance and also stated that she was interested in pursuing the practice under a home occupation. The City Clerk indicated that the same stipulations would apply for the practice of Shiatsu as for therapeutic massage. She further indicated that the Planning Commission and Council will be reviewing the home occupation aspect of therapeutic massage at a future meeting. e Flo She she has Kahlstorf informed the Council that she practices chair massage. indicated that she is not a physical therapist and indicated that does have a certificate from a massage school indicating that she passed a four hour chair massage course. She stated she is opposed Elk River city Council Meeting September 27, 1993 Page 4 e to the City requiring 48 hours m~n~mum training as she did not feel she needed that many hours of training in order to perform chair massage. Councilmember Farber questioned what the City of Coon Rapids ordinance requires for an on-site chair massage. After further discussion by the Council, it was the consensus to table this issue. COUNCILMEMBER HOLMGREN MOVED TO TABLE THE ISSUE UNTIL THE NEXT CITY COUNCIL MEETING TO BE HELD ON OCTOBER 4, SO THAT THE CITY CLERK CAN RESEARCH COON RAPID'S ORDINANCE ON ON-SITE MASSAGE AND ALSO DETERMINE WHETHER THE STATE OF MINNESOTA REQUIRES THAT PHYSICAL THERAPISTS RECEIVE A PHYSICAL EXAMINATION TO DETERMINE WHETHER OR NOT THEY CARRY COMMUNICABLE DISEASES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Consider Resolution Approving Summary of Therapeutic Massage Ordinance No action was taken on this item as the ordinance was tabled. 5.5. Update on September Utilities Commission Meeting e City Administrator, Pat Klaers, indicated that the Utilities Commission considered a request to reimburse the City $10,000 for the water tower site in the northeast part of the community. He indicated that the Commission has requested additional background information on the purchase. The City Administrator indicated that the Utilities Commission also questioned whether they would be asked to reimburse the City for the land where the western water tower be located next to Orono Park and Highway 10. The City Administrator suggested that if the City does desire the Utilities Commission to reimburse them for this property, then the City could deduct the value from the TIF #4 contribution that it plans to make to the Utilities for the western water tower and apply this TIF money toward another eligible project. COUNCILMEMBER FARBER MOVED TO REDUCE THE TIF #4 CONTRIBUTION BY THE VALUE OF THE LAND AND UTILITY ASSESSMENT TO ALLOW THE CITY TO RECEIVE REIMBURSEMENT FOR THE WATER TOWER PROPERTY WHERE THE WESTERN AREA WATER TOWER WILL BE LOCATED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Councilmember Dietz abstained. After further discussion, it was the consensus of the Council not to become involved in future water tower site purchases. 5.6. Resolution Assessing Delinquent Unpaid Garbage Bills e Lori Johnson, Finance Director, noted that State law and City ordinance allow the City to levy an assessment for any garbage collection services unpaid as of September 1, 1993. She noted that this year there are 117 parcels being assessed for a total of $29,921.80. She further noted that each property owner with a delinquent balance has been sent a delinquent notice. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-52, A RESOLUTION ADOPTING AND LEVYING ASSESSMENTS FOR UNPAID GARBAGE COLLECTION SERVICES Elk River city Council Meeting September 27, 1993 Page 5 e AS OF SEPTEMBER 1, 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Accept Resignation from Planning Commissioner Robert Emerson City Administrator, Pat Klaers, noted that recently appointed Planning Commissioner, Bob Emerson, has resigned. He indicated that Bob Emerson was appointed by the Planning Commission to fill the vacancy created by Rita Johnson in May. The City Administrator indicated that at the time the City Council interviewed Bob Emerson for the position, it also interviewed Mr. James Tacheny. He noted that Mr. Tacheny is still interested in the position. COUNCILMEMBER SCHEEL MOVED TO ACCEPT BOB EMERSON'S RESIGNATION FROM THE PLANNING COMMISSION AND TO APPOINT MR. JAMES TACHE NY TO THE PLANNING COMMISSION TO COMPLETE THE TERM OF RITA JOHNSON, ENDING DECEMBER 31, 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.8. Reapportionment of CherryHill Bluffs 2nd Addition Special Assessments Finance Director, Lori Johnson, noted that because there were special assessments levied against the recently platted cherryHill Bluffs 2nd Addition for the 1981 sewer interceptor, the balance of the special assessments must be reapportioned. e COUNCILMEMBER HOLMGREN MOVED TO REAPPORTION THE SPECIAL ASSESSMENTS FOR THE 1981 SEWER INTERCEPTOR AGAINST THE CHERRYHILL BLUFFS 2ND ADDITION PLAT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.9. City of Elk River Assessment Search Policy Finance Director, Lori Johnson, stated that earlier this year the Council requested that a special assessment search policy be adopted stating that the City would no longer do verbal assessment searches. She noted that in an effort to eliminate misunderstandings regarding special assessment balances and method of payment, verbal assessment searches will not be provided effective January 1, 1994. She indicated that written special assessment searches will be processed in a timely manner and that she is proposing a $5.00 surcharge for searches requested to be processed in less than 24 hours notice. COUNCILMEMBER SCHEEL MOVED TO ADOPT THE SPECIAL ASSESSMENT SEARCH POLICY WHICH DOES NOT ALLOW VERBAL SPECIAL ASSESSMENT SEARCHES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Open Mike No one appeared for this item. e 7.1. Consider Resolution Adopting Assessment Roll Improvements/Public Hearing for Fresno Street Elk River city Council Meeting September 27, 1993 Page 6 e City Engineer, Terry Maurer, noted that the Fresno Street project consisted of the extension of sanitary sewer, water, storm drainage, and new street construction on Fresno Street. He indicated that the assessment hearing is only for the street and storm drainage improvements. Assessment rates are $8.00 per front foot for storm drainage and $22.00 per front foot for street improvements. He further noted that there is no assessment proposed at this time for the sanitary sewer or water improvements. However, if a homeowner chooses to hook up to the sanitary sewer and/or water main, those assessments would be levied at that time. The city Engineer noted that the City has received two appeals as of this time. The appeals received are from Gwen Smith at 18290 Fresno Street and from Jeffrey and Cheryl Colbath, 13155 183rd Avenue NW. Terry Maurer indicated that the appeal from Gwen Smith notes that Fresno Street does not continue through to Orono Parkway which runs along the frontage of her property. The City Engineer indicated that it is staff's suggestion that this parcel of property be assessed as proposed as the assessment is based on benefit and parcel frontage, not the actual length of construction. The City Engineer noted that Jeffrey and Cheryl Colbath, 13155 183rd Avenue NW, have the same complaint that Fresno Street does not continue through and ends j~st after it meets 183rd Avenue. e Vice Mayor Dietz opened the public hearing. Tom Patterson, 182nd Avenue indicated that of appeal. 13153 182nd Avenue noted that his property fronts along and that his side yard is along Fresno Street. He he is opposed to the assessment and submitted a letter Gwen Smith, 18290 Fresno Street, indicated she was opposed to the assessment and feels she is being unfairly assessed because Fresno Street does not continue on to Orono Parkway. She indicated that her property does not abut a street. Craig Radtke, 18259 Fresno Street, indicated that the main reason the improvements were constructed was to benefit the new development south of Mississippi Road. He noted that Fresno Street was in good condition and that the City could have put on another layer of blacktop instead of reconstructing the road. He noted that he is opposed to the project and submitted a letter of appeal. e Debra Anderson, 18239 Fresno Street, indicated that the entire project was done to benefit the development south of County Road 30. She noted that the twelve residents on Fresno street are being burdened unnecessarily. Mrs. Anderson alluded to other burdens that the neighborhood bears including the softball lights that are on during late evening hours, the City Hall being located in the area, and the possible location of a new Civic center/Hockey Arena. A letter o.f appeal was submitted. Elk River city council Meeting september 27, 1993 Page 7 e Paul Bell, 18270 Fresno, noted that his assessment is $4,000. indicated that he will be paying more for his assessments in one than he pays for his property taxes. He further noted that driveway is not level as it used to be prior to the improvement. noted his opposition to the project and submitted a letter of appeal. He year his He Vanessta Spark, 18250 Fresno Street, noted that the $4,000 investment for the improvement is too much to bear. She indicated that her property taxes are $800 and with the assessment added for 1994 she would be paying $1800. She noted that it was unfair that such a large assessment was being placed on so few properties. She further noted that Concord Street was blacktopped without assessing any of the property owners. She indicated that her driveway is unacceptable and further noted she is opposed to the assessment project and submitted her letter of appeal. Terry Newstrom, 18141 Fresno, questioned whether they could possibly be assessed if improvements are ever installed along County Road 30. The City Engineer indicated that there is a potential for an assessment, but there are no plans for any project on County Road 30 in the near future. The City Engineer informed the residents that all driveways that are not smooth will be repaired. e Margaret Swanson, 18132 Fresno Street, questioned when the residents would be able to find out how much it would cost to hook up to the sewer and water. Ms. Swanson had further questions on current and future interest rates if the property owners decided to hook up five to ten years in the future. Finance Director, Lori Johnson, indicated that the proposed interest rate would be good for approximately five years. Paul Bell noted that the only improvement the area should be assessed for is curbing as the roads were constructed for somebody else's needs. Jeffrey Colbath, 13155 183rd Avenue, indicated that he sees no benefit to his property. He further indicated that he felt that his property will be assessed for the full length of 183rd Street when it is improved. Mr. Colbath indicated he did not consider his lot a corner lot. Mr. Colbath also alluded to the fact that the neighborhood has to put up with the softball lights and suggested that there be a curfew for the lights to be turned off. The City Attorney informed the residents of the appeal process. He noted that anyone wishing to appeal the assessment must file a written objection at tonight's City Council meeting and that legal action by the residents appealing must be commenced within 30 days following the City Council adoption of the assessment resolution. e Councilmember Farber noted that it seems that paying the assessment off in five years is a hardship for some of the residents. He questioned whether the five year payment period could be extended. Finance Elk River City Council Meeting September 27, 1993 Page 8 e Director, Lori Johnson, informed Councilmember Farber that the five year payment period could be extended to seven or ten years. Councilmember Scheel questioned the figures of $8.00 and $22.00 per front foot. Terry Maurer explained that when the Assessment Manual was adopted, it was the policy that the property owner pay for approximately 50% of the improvements. He noted that over the past six or seven years, the amount per front foot has been increased, however, even at $8.00 and $22.00 per front foot, this does not cover 50% of the cost. Councilmember Scheel noted that the Fresno Street was already in place and questioned the City's policy of road reconstruction. City Engineer, Terry Maurer, noted that Fresno Street was not in good shape and further noted that there has been some history of drainage problems in the area. He indicated that the same policy and approach was used on Fresno Street as was used on Orono Road and East and West Main Street. e Councilmember Farber informed the residents that the entire area was offered the opportunity to improve the roads and to extend utilities. He indicated that the best route to run the utilities was through Fresno Street. The roads were in poor shape and the City felt that offering this opportunity to the residents to improve the area at this time made more sense than waiting to improve the streets in the area in the future. Councilmember Holmgren requested the City Engineer check all driveways on Fresno Street. He further requested the City Administrator to research the softball light issue and directed staff to monitor the light usage and hours during the football season. Vice Mayor Dietz closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO DENY THE ASSESSMENT APPEAL FROM DAVID AND DEBRA ANDERSON, 18239 FRESNO STREET IN THE AMOUNT OF $3,750 ON THE GROUNDS THAT THE ASSESSMENT IS LESS THAN HALF OF THE ACTUAL COSTS OF THE IMPROVEMENTS, IS UNIFORM IN APPLICATION THROUGHOUT THE AREA, AND THAT THE PROPERTY IS BENEFITTED BY AT LEAST THE AMOUNT OF THE ASSESSMENT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. CouncilmemberScheel abstained. COUNCILMEMBER HOLMGREN MOVED TO DENY THE ASSESSMENT FOR PAUL BELL, 18270 FRESNO STREET, IN THE AMOUNT OF $3,900 ON THE GROUNDS THAT THE ASSESSMENT IS LESS THAN HALF OF THE ACTUAL COSTS OF THE IMPROVEMENTS, IS UNIFORM IN APPLICATION THROUGHOUT THE AREA, AND THAT THE PROPERTY IS BENEFITTED BY AT LEAST THE AMOUNT OF THE ASSESSMENT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Councilmember Scheel abstained. e COUNCILMEMBER HOLMGREN MOVED TO DENY THE ASSESSMENT FOR CRAIG RADTKE, 18259 FRESNO STREET, IN THE AMOUNT OF $3,750, ON THE GROUNDS THAT THE ASSESSMENT IS LESS THAN HALF OF THE ACTUAL COSTS OF THE IMPROVEMENTS, IS UNIFORM IN APPLICATION THROUGHOUT THE AREA, AND THAT THE PROPERTY IS Elk River city council Meeting September 27, 1993 Page 9 e BENEFITTED BY AT LEAST FARBER SECONDED THE MOTION. Scheel abstained. THE AMOUNT OF THE ASSESSMENT. THE MOTION CARRIED 3-0-1. COUNCILMEMBER Councilmember COUNCILMEMBER HOLMGREN MOVED TO DENY THE ASSESSMENT FOR VENESSTA SPARK, 18250 FRESNO STREET, IN THE AMOUNT OF $3,900, ON THE GROUNDS THAT THE ASSESSMENT IS LESS THAN HALF OF THE ACTUAL COSTS OF THE IMPROVEMENTS, IS UNIFORM IN APPLICATION THROUGHOUT THE AREA, AND THAT THE PROPERTY IS BENEFITTED BY AT LEAST THE AMOUNT OF THE ASSESSMENT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Councilmember Scheel abstained. COUNCILMEMBER HOLMGREN MOVED TO DENY THE ASSESSMENT FOR TOM PATTERSON, 15153 182ND AVENUE NW, IN THE AMOUNT OF $3,750, ON THE GROUNDS THAT THE ASSESSMENT IS LESS THAN HALF OF THE ACTUAL COSTS OF THE IMPROVEMENTS, IS UNIFORM IN APPLICATION THROUGHOUT THE AREA, AND THAT THE PROPERTY IS BENEFITTED BY AT LEAST THE AMOUNT OF THE ASSESSMENT. COUNCI LMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-0-1. Councilmember Scheel abstained. COUNCILMEMBER FARBER MOVED TO REDUCE THE ASSESSMENT FOR THE PROPERTY OWNED BY GWEN SMITH, 18290 FRESNO STREET, FROM $3,900 TO $1,590, WITH 25 FEET BEING ASSESSED FOR STREET AND THE STORM SEWER BEING ASSESSED AT THE FULL 130 FEET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. e COUNCILMEMBER FARBER MOVED TO REDUCE THE ASSESSMENT FOR PROPERTY OWNED BY JEFFREY COLBATH AT 13155 183RD AVENUE FROM $4,098.90 TO $1,643.04, ASSESSING 25 FEET FOR STREET FRONTAGE AND 136.63 FEET FOR STO~~ DRAINAGE FRONTAGE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-53, A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE FRESNO STREET STORM DRAINAGE AND STREET IMPROVEMENT WITH THE OPTION TO ADD FIVE, SEVEN, OR TEN YEAR FINANCING AND WITH THE ADJUSTMENTS APPROVED FOR THE SMITH AND COLBATH PROPERTIES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Council recessed at 8:20 p.m. Councilmember Farber left for work at this time. The Council reconvened at 8:40 p.m. 7.2. Consider Resolution Adopting Assessment Roll for Heritage Landing Improvements City Engineer, Terry Maurer, noted that three new developments have petitioned for improvements. The developments are Heritage Landing, Mississippi Oaks, and CherryHill Bluffs 2nd Addition. He indicated that because the improvements have been petitioned by the developers, there is no need to hold a public hearing for the assessment. e COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-54, A RESOLUTION DETERMINING ASSESSED CGSTS OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF HERITAGE LANDING IMPROVEMENT Elk River City Council Meeting september 27, 1993 Page 10 e OF 1993. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT 93-55, A RESOLUTION FINAL ASSESSMENT ROLL FOR HERITAGE LANDING IMPROVEMENT. SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. ADOPTING THE COUNCI LMEMBER 7.3. Consider Resolution Adopting Assessment Roll for Mississippi Oaks Improvements COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-56, A RESOLUTION DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF MISSISSIPPI OAKS IMPROVEMENT OF 1993. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-57, A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL FOR THE MISSISSIPPI OAKS IMPROVEMENT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.4. Consider Resolution Adopting Assessment Roll for CherryHill Bluffs 2nd Addition e COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-58, A RESOLUTION DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF CHERRYHILL BLUFFS 2ND ADDITION IMPROVEMENT OF 1993. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-59, A RESOLUTION ADOPTING FINAL ASSESSMENT ROLL FOR THE CHERRYHILL BLUFFS 2ND ADDITION. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. Vice Mayor Dietz indicated that regarding the $3,800 per acre for Vice Mayor Dietz requested that this Council meeting with Rick Foster and Rick Foster has some the trunk sanitary sewer issue be discussed at Terry Maurer present. questions and water. a future 7.5. Consider Awarding Bid for 221st Avenue Road Improvements This item was deleted from the agenda. 7.6. Authorize Advertisement forBids for Deerfield 3rd Storm Sewer e City Engineer, Terry Maurer, indicated that he has prepared plans and specifications for the storm drainage improvement in the Deerfield 3rd area relative to the Mike Poppin flooding problem. Terry Maurer recommended that the Council act on the resolution approving the plans and specifications and ordering the advertisement for bids. Terry Maurer informed the Council that late fall work sometimes brings in higher bids because of fall construction and busy work schedules. COUNCI LMEMBER HOLMGREN RESOLUTION APPROVING THE MOVED PLANS TO AND AUTHORIZE RESOLUTION 93-60, A SPECIFICATIONS AND ORDERING THE Elk River city Council Meeting September 27, 1993 Page 11 e ADVERTISEMENT FOR BIDS IN THE DRAINAGE IMPROVEMENT OF 1993. MOTION. THE MOTION CARRIED 3-0. MATTER OF THE COUNCILMEMBER DEERFIELD 3RD STORM SCHEEL SECONDED THE 7.7 T.H. Lift Station city Engineer, Terry Maurer, informed the Council that he talked to LaTour Construction and informed them that the City would not be returning the bid bond. He indicated that LaTour Construction stated that they would be able to honor the bid for improvements for the Trunk Highway 10 lift station with some minor modifications. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-61, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE TH10 LIFT STATION AND TRUNK SANITARY SEWER IMPROVEMENT OF 1993. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.8. - 7.9. Consider Pay Estimate for Heritage Landing and Consider Pay Estimate for Mississippi Oaks e COUNCILMEMBER SCHEEL MOVED TO APPROVE PAY ESTIMATE #3 TO LATOUR CONSTRUCTION IN THE AMOUNT OF $332,552.91 FOR WORK COMPLETED ON THE HERITAGE LANDING IMPROVEMENTS AND ALSO TO APPROVE PAY ESTIMATE #1 TO LATOUR CONSTRUCTION IN THE AMOUNT OF $91,323.14 FOR WORK COMPLETED ON THE MISSISSIPPI OAKS IMPROVEMENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-0. 7.10. Consider Pay Estimate for City Hall/Police Facility Finance Director, Lori Johnson, informed the being held from the total project cost repaired as required by the City. Council that $5,000 is to ensure that the roof is COUNCILMEMBER HOLMGREN MOVED TO APPROVE PAY ESTIMATE #13 CONSTRUCTION, INC., IN THE AMOUNT OF $65,025.86 FOR WORK THE CITY HALL. COUNCILMEMBER SCHEEL SECONDED THE MOTION. CARRIED 3-0. TO BOR-SON COMPLETED ON THE MOTION 7.11. Final Pay Estimate for 4th street and Holt Avenue Improvement Project COUNCILMEMBER HOLMGREN BITUMINOUS CONSULTING $18,018.96 FOR WORK IMPROVEMENT PROJECT. MOTION CARRIED 3-0. MOVED TO AUTHORIZE THE FINAL PAY ESTIMATE TO AND CONTRACTING, INC., IN THE AMOUNT OF COMPLETED ON THE 4TH STREET AND HOLT AVENUE COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE 7.12. Jackson Avenue Sidewalk Improvements e City Engineer, Terry received for the Jackson that the low bid was $21,133.50. Maurer, noted that a total of four bids were Avenue sidewalk improvements. He indicated from Landmark Concrete, Inc., in the amount of e e e Elk River city Council Meeting september 27, 1993 Page 12 Terry Maurer indicated that because Jackson Avenue is included in the City's MSA system, plans have been submitted to MnDOT for review and consideration as to partial funding of this project. Terry Maurer indicated that it is anticipated that approximately $13,000 of the cost would be approved by MnDOT. COUNCILMEMBER SCHEEL MOVED TO AWARD THE LOW BID INC., AT $21,133.50 FOR THE JACKSON AVENUE CONTINGENT UPON MSA FUNDING BEING RECEIVED. SECONDED THE MOTION. THE MOTION CARRIED 3-0. TO LANDMARK CONCRETE, SIDEWALK IMPROVEMENTS COUNCILMEMBER HOLMGREN 8. Council Updates Councilmember Scheel questioned whether a traffic count has been taken at Gates Avenue and 3rd and 4th Streets. She indicated she still has a concern regarding the traffic in that location and stated that the business at the new clinic is going to increase the traffic in that area. Library Expansion ready to receive indicated that it spring. vice Mayor Dietz noted that the Library Board is quotes for architectural services. He further is anticipated that construction will begin in the 9. Staff Updates Practice Burn Policy - The Council reviewed the memo from Fire Chief Russ Anderson regarding the City's practice burn policy in relation to the last burn that took place on Proctor Avenue. Homecoming - The City Clerk questioned whether the Council would be interested in riding in the aerial truck for the Homecoming Parade. It was the consensus of the Council that they would ride in the parade. School District Joint Meeting - The City Administrator noted he had lunch with Dr. Flannery. He indicated that Dr. Flannery would be out of town during the scheduled joint meeting of the School Board and City Council in October and requested that the meeting date be rescheduled. Dr. Flannery requested that the joint meeting be held sometime in December. After discussion by the Council, it was the consensus that they could meet on December 21, however, the Council would prefer meeting in October. It was the consensus that the City Administrator contact Dr. Flannery to see if there could be a joint meeting sometime in October. e e e Elk River city council Meeting September 27, 1993 Page 13 Council Dais The City Administrator indicated that in response to the last City Council minutes regarding the Council dais, he did not feel it was the architect's responsibility to pay for the new dais as the final plan before construction was approved by the Building Committee. COUNCILMEMBER HOLMGREN MOVED THAT NO REIMBURSEMENT BE COLLECTED FOR THE COUNCIL DAIS FROM EOS ARCHITECTURE. VICE MAYOR DIETZ SECONDED THE MOTION. THE MOTION CARRIED 2-1. Councilmember Scheel opposed. 10. Adjournment There being no further business, COUNCILMEMBER ADJOURN THE MEETING. COUNCILMEMBER SCHEEL SECONDED MOTION CARRIED 3-0 HOLMGREN MOVED THE MOTION. TO THE The meeting of the Elk River City Council adjourned at 9:00 p.m. Respectfully submitted, ~~c~) City Clerk