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04-01-1991 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, APRIL 1, 1991 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dietz, Kropuenske, Schuldt, and Holmgren MEMBERS ABSENT: None STAFF PRESENT: Lori Johnson, Finance Director; Sandy Thackeray, City Clerk; Terry Maurer, City Engineer; Steve Rohlf, Building and Zoning Administrator; and Dave Sellergren, City Attorney 1. Call Meetin~ to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consider 4/1/91 Council A~end~ The agenda was amended as follows: Composting added as 5.1a. Ambulance Service moved to 4.1. Fillmore Avenue Assessment moved to 4.2. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 4/1/91 AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.1. Consider 3/18/91 Closed Session Council Minutes COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 3/18/91 SPECIAL SESSION CITY COUNCIL MINUTES. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.2. Consider 3/18/91 City Council Minutes Mayor Tralle noted that Item 8.2. Jerry Bauerly Meeting should be added to the minutes. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 3/18/91 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.3. Consider 3/20/91 City Council Work Session Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 3/20/91 CITY COUNCIL WORK SESSION MINUTES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes April 1, 1991 Page 2 e 3.4. Consider 3/25/91 City Council Minutes COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 3/25/91 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. 4.1. Ambulance Discussion Councilmember Kropuenske stated that after the ambulance discussion at the last City Council meeting held on March 25, 1991, he and Councilmember Schuldt met with Representatives from the Fire Department, Ambulance Service, City staff, and Police Department to further discuss the ambulance service issue. He indicated that through the meeting, the Ambulance Service has stated its intention to move forward with some changes to the current ambulance service. e Steve Dittbenner, Ambulance Coordinator, informed the Counc 11 that he is requesting the adoption of a resolut.ion which proposes a dual coverage primary service area agreement with Health One who will complement the City's current basic life support coverage with addi tional advanced life support coverage. He informed the Council that the Elk River Ambulance Service intends to remain in operation. Mr. Dittbenner indicated that an operat ional plan will be prepared by Health One and presented to the City Council in May. Mayor Tralle indicated that he feels this solution will address the main concerns of the elderly people on fixed income. He stated that he has received many calls regarding this issue from elderly people and that many of the people he spoke to were against going to a full-time ALS service because of the cost involved. Steve Dittbenner indicated that the Elk River Ambulance Service has no intentions of raising prices for the bas Ie life support serv ice. He stated that it is the intention of the Elk River Ambulance Service to have a dual ALS-BLS coverage area by working jointly with Health One. He indicated he did not know if there IYOuld be an increase in charge from Health One, but that this infot'mation would be available I.hen the entire plan is presented to the Council. Councilmember Kropuenske stated that the City is taking steps to improve the ambulance coverage. He indicated that he appreciated the concerned citizens and stated that the proposed resolution is the initial step towards advancing the ambulance service. e COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 91-17, A RESOLUTION SUPPORTING THE ELK RIVER FIRE AND AMBULANCE SERVICE. COllNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes April 1, 1991 Page 3 e Tim Schaeffer questioned whether comments from the public would be heard. Mayor Tralle indicated that the Council would not be taking comments at this time from the public regarding the ambulance service. Tim Schaeffer expressed his disappoi ntm("'nt in the process and was under the impression that everyone would have a chance to speak. 4.2. Fillmore Avenue Assessment Hearing/f?ublic Ih-~aril1l::!' Terry Maurer, City Engineer, introduced the Fillmore Avenue assessment hearing. He reviewed the information which was discussed at the March 4 public hearing on this project. Terry Maurer also explained the history of the assessment policy and gave a brief history of the previous assessment rates for other projects similar to Fillmore Avenue. He stated that the rate for the Fillmore assessment hearing would be $2,000 per unit. e Terry Maurer stated some of the property affected by the assessment qualifies for green acres deferral. He stated that $28,000 of the $74,000 proposed to be assessed could be deferred due to green acres. Terry Maurer also indicated that at the time Hidden Creek plat was developed, an impact fee for Fillmore Street improvements was collected from the developer with a stipulation that the road be upgraded within three years. Mr. Maurer indicated that if the fee is not used in 1991, the money collected, which was approximately $16,000, would be returned to the developer. This add.i.tional cost would then be allocated to the affected residents in the proposed Fillmore project. Mayor Tralle opened the public hearing. Mayor Tralle noted that he received letters of appeal from Patrick Holzem, Donna and Jim Beaudry, Kay and Dennis McDaniel, David and Libi Bates, and Scott and Annette Mitchell. He indicated that the written objections represent 13 parcels, which represents one-half of the units of the project. Dave Bates of 18051 Fillmore Street stated that he owns J. 6 acres of land and is being assessed for two units. He stated that one-third of the lot is very wet and would not be able to be developed into two lots. He requested that the Council reduce his assessable units from two to one unit. Donna and Jim Beaudry of 17995 Fillmore Street - Donna Beaudry stated that they are being assessed for two units and requested to have the assessable un.i.ts reduced to one unit. She indicated that they would not be able to divide their lot into two lots and that they own under 3.5 acres of land. . Kay and Dennis McDaniel of 17931 Fillmore Street - Dennis McDaniel indicated that they own 10.3 acres, but their lot is very long with a narrow frontage. He stated that t.hei r house is located hl the middle of the lot and stated that the lot would not he able to be separated into two lots because of the narrow width of the lot. Kay McDaniel City Council Minutes April 1, 1991 Page 4 e indicated that there is no private road or easement to access their land from another street other than Fillmore Street. Libi Bates of 18051 Fillmore Street questioned the $2,000 per unit assessment rate. She indicated that she did not feel the value of her home and property would be increased by the amount the City is assessing them. She further stated that the $2,000 per unit was unfair based on the rates paid through the Main Street assessment project and Tyler Street assessment project. City Attorney David Sellergren explained the process for determining a value increase if the assessment is appealed. Mayor Tralle once again reviewed the City's assessment policy and informed the residents that if the project is delayed, there may be fewer MSA dollars to offset the project which means that the residents would have to pay more per unit. Scott Mitchell of 10075 175th Avenue, questioned why he was being assessed for the Fillmore project when he owns property on 175th Street. Mayor Tralle stated that Mr. Mitchell also owns property on Fillmore Street which is the reason for the Fillmore assessment. e Pat Holzem of 18925 Davis Street questioned whether he would be charged interest for payment of the assessment during the time that the assessment was deferred due to green acres. Dave Sellergren, City Attorney, stated that interest does not accrue while deferred under green acres. Councilmember Kropuenske questioned whether a land owner would still be eligible for green acres if the City were to reduce a land owner's 10 acres by acquiring easement. Dave Sellergren, City Attorney, indicated that the City could get around this by not actually purchasing the property needed for the road, but by acquiring the easement through other means or through working together with the homeowners. Mrs. Bates questioned who would pi ck up the money lost from Hidden Creek assessments if the assessment pr'oject did not go through this year. Mayor Tralle indicated that the homeowners on Fillmore would be responsible for that additional cost. Scott Mitchell, 10075 175th Avenue, stated that he is being assessed for eight lots and that his property is much longer than it is wide and does not feel he could divide the propert.y into eight lots that would be abutting Fillmore Street. e Harold Novotney stated he lives at the end of Fillmore Street at the cul-de-sac and questioned whether he would be assessed for this project. The City Engineer indicated that Fi l1more Street was being assessed up to 174th Avenue and that the assessment would not affect his property. COUNCILMEMBER KROPlIENSKE MOVED TO TABLE THE ADOPTION OF THE FILLMORE ASSESSMENT ROLE SO THAT THE CITY HAS A CHANCE TO FURTHER STUDY SOME OF City Council Minutes April 1, 1991 Page 5 e THE ASSESSMENTS AND THE LOT UNIT DIVISIONS. SECONDED THE MOTION. COUNC I LMEMBER HOL1vIGREN Dave Sellergren, City Attorney, stated that the City Council has six months to make a decision on this item. THE MOTION CARRIED 5-0. The City Council recessed at 8:15 p.m. and reconvened at 8:35 p.m. 5.1. Community Billboard Jackie Schuelein, Chamber of Commerce Executive Vice President, stated that the Chamber is proposing to construct a community billboard. Steve Rohlf, Building and Zoning Administrator, indicated that the City's ordinance does not address signs for community events. He stated that the Chamber is proposing to build a sign 64 square feet in size, that the Chamber would be willing to pay for the materials to construct the sign, and that the Chamber would be responsible for the sign. Mr. Rohlf indicated that he is requesting that the City maintenance crew provide the labor for construction of the sign. He further indicated that the proposal is to locate the sign in Jackson Square. e Jackie Schuelein stated that many things have to be considered regarding the sign and one of the most important things that must be looked at is a policy to set criteria for use of the sign. She indicated that the Chamber is willing to be responsible for these decisions. It was the consensus of the City Council to authorize the Chamber of Commerce to proceed with the building of a community sign to be located on Jackson Square. 5.1a.Compostinj;! Steve Rohlf updated the Council on two possible compost programs which the City is considering. He stated that one of the programs being considered is curbside collection which would be held for two days in the spring and two days in the fall. He stated that there would be a fee of about a $1. 00 per bag for this service. ~fr. Rohlf indicated that the second program being considered is a compost drop-off site one time in the spring and one time in the fall. He stated that this site would be supervised by City employees and that there would be no fee to drop-off the compost, and further that the compost would be used on land owned by the City. 5.2. MHFA Proj;!ram e Councilmember Kropuenske stated that the Ci ty has an opportuni ty to participate in the Minnesota Housing Finance Agency (MHFA) first time home buyer program. Councilmember Kropuenske stated that he and Bill Rubin have met with local lending institutions and real tors who have stated they are interested in the program. He indicated that if the City Council Minutes April 1, 1991 Page 6 e Council shows interest in the program, this should be referred to the Economic Development Authority so that application may be made. The Council discussed the possible financial risks to the City. Councilmember Kropuenske indicated that there is a 1% fee of the funds requested and that this would be the maximum financial risk the City would take. He further indicated that there could be H possibi 1 i ty that the lending institutions would participate in the 1% fee. COUNCILMEMBER HOLMGREN MOVED TO RECOMMEND THAT THE EDA PURSUE THE MHFA FIRST TIME HOME BUYER PROGRAM. COlJNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Ea~le Club Premise Permit - Gaml)liJlg COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-18, A RESOLUTION APPROVING A PREMISE PERMIT APPLICATION FOR THE FRATERNAL ORDER OF EAGLES #3264 TO ALLOW CLASS A GAMBLING TO TAKE PLACE AT THE EAGLES CLUB LOCATED AT 824 RAILROAD DRIVE. COUNCILMEMBER KROPlJENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Park and Recreation Ordinance Amendment e COUNCILMEMBER HOLMGREN MOVED TO TABLE THIS ORDINANCE AMENDMENT UNTIL FINAL DETERMINATION OF THE AREA WIDE RECREATION PROGRAM IS MADE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Proclamation COUNCILMEMBER SCHULDT MOVED TO PROCLAIM APRIL 21 THROUGH THE 27TH, 1991, AS CELEBRATE YOUTH WEEK. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. A proclamation was signed by the entire Council. 6.1. Proctor Avenue Plans and Sped f icatiJ:ms Terry Maurer indicated that the County Engineer has approved the Proctor Avenue plans and specifications and they have been forwarded for review to MnDOT. He indicated that tlw County has requested the City to administer the project by bi.dding and overseeing construction. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 91-19, A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDRRING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE PROCTOR AVENUE IMPROVEMENT OF 1991. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. e COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 91-20, A RESOLUTION APPROVING THE PLANS AND RESTRICTING PARKING ON S.A.P. 71-601-13 FROM TRUNK HIGHWAY 10 TO 4,684 FEET NORTH. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e City Council Minutes April 1, 1991 Page 7 COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-21, A RESOLUTION REQUESTING STATE AID FUNDS TO CSAH #1 PROJECT. COUNCnMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Check Redster COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Other Business There was no other business to discuss. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 9:07 p.m. Respectfully submitted, c I~ (~,,/, . /) JAc:u~AL/t.a?t. /""1 C:A...-r--k~ (} . Sandra Thackeray City Clerk