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08-26-1991 CC MIN e e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY AND ELK RIVER CITY HALL MONDAY, AUGUST 26, 1991 MEMBERS PRESENT: Mayor Tralle, Councilmembers Dietz, Schuldt and Holmgren Councilmember Kropuenske (9:20 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Patrick Klaers, City Administrator; Terry Maurer, City Engineer; Lori Johnson, Finance Director; Sandy Thackeray, City Clerk; Dave Sellergren, City Attorney; and Cliff Skogstad, Building Official 1. Call Meetin~ to Order Pursuant to due call and notice thereof, the meeting of Elk River City Council was called to order at 7:00 p.m. by Mayor Tralle. 2. Consider 8/26/91 City Council Agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE 8/26/91 CITY COUNCIL AGENDA. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 8/19/91 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 8/19/91 CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Open Mike No one appeared for this item. 5. Health Care Delivery Commission Interview The City Council interviewed Dr. Lee Rock as a candidate for the Elk River Health Care Delivery Commission. COUNCILMEMBER SCHULDT MOVED TO APPOINT DR. LEE ROCK TO THE HEALTH CARE DELIVERY COMMISSION AS THE REPRESENTATIVE OF THE ELK RIVER MEDICAL COMMUNITY TO A ONE YEAR TERM ENDING DECEMBER 31, 1992, AND TO FOLLOW WITH A THREE YEAR TERM. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Proctor Avenue Assessment Hearing Terry Maurer, City Engineer, reviewed the different public improvement components of the Proctor Avenue Assessment project. He explained the rate of assessment for each component and also explained the dollar amount versus the assessment cost. City Council Minutes August 26, 1991 Page 2 e Terry Maurer further explained that he has spoken with Charlotte Berg regarding her assessment. He indicated that her lot frontage is twice as large as the rear lot line, due to the railroad track along her property. He stated that this type of situation is not addressed in the assessment manual and suggested amending the method of determining assessment by averaging the front and back lot dimensions. in order to determine the assessment amount. Terry Maurer further suggested treating Charlotte Berg's property in this manner. Mayor Tralle opened the public hearing. Bob Otto, of 945 Proctor Avenue, expressed his concern over the inconvenience he has experienced regarding disruption of using the road, dust, his house shaking, and the possible long term damage this could create. He indicated that action could be taken against the City because of possible damage to his house structure. He further indicated that the Proctor Avenue project is not a project which they have asked for and requested that the City consider reducing the assessment by 50%. e Penny Dabin indicated that she was speaking for her mother, Ruth Hudson of 623 Proctor. She indicated that the project has taken an excessive amount of time and that the dust has been excessive and further indicated her opposition to the project due to the danger in which the project has placed the residents with the large holes near their driveways and the lack of flashing lights near these holes. Tammy Sontag, 617 Proctor, voiced/her opposition to the project. She indicated that the work being done does not add value to her property. She expressed a complaint regarding the workers conduct. She further indicated that the detours were hard to find and not well marked and also that she has not been able to receive her mail for two months. She further indicate~ that she had not been notified regarding a public hearing on the proposed gas station and explained her displeasure in the response she received from City Hall. D.P. Christian, 935 Proctor, indicated that he also had a concern regarding the rumbling of the homes and the long term affect. He further indicated that he had two large evergreens that had been taken down without his consent. He further expressed his displeasure regarding large holes that had been dug in the street. Terry Maurer, City Engineer, indicated that the two large evergreens had been. in the Ci ty right-of-way and were marked on the plans for removal at the beginning of the project. He further indicated that he was under the impression that Mr. Christian was aware that the trees would be removed because he had spoke to Mr. Christian regarding the removal of these trees. e Al Orsborn, 622 Proctor Avenue, indicated that a large piece of equipment had driven over his lawn and requested the lawn to be repaired. Mayor Tralle indicated that the lawn would be repaired. Mayor Tralle further directed staff to follow-up on the complaints regarding the contractor. City Council Minutes August 26, 1991 Page 3 e . Bob Otto indicated that the value of his property has not increased due to the project and stated he has suffered considerably as a result of the situation. He requested the Council to consider this when making the assessment. Al Hecker, 11350 Mississippi Drive, indicated he owned apartment buildings on 1814 Proctor and 1175 and 1179 School Street. He indicated his property has received a lot of traffic and because of this, the lot needs restoring~ He further indicated that he will be formally appealing the assessment and feels that everybody else should appeal also. Mayor Tralle received formal appeals from the following: Shorty and Eva Christian, 935 Proctor Avenue Robert Otto, 945 Proctor Tammy Sontag, 617 Proctor Ruth Hudson, 623 Proctor Alan Hecker, Parcel 75-133-1100 and 75-133-1115 Mary Westholter, 953 Proctor Charolette Berg, 634 Proctor Alan and Clarice Orsborn, 622 Proctor Mayor Tralle closed the public hearing. e COUNCILMEMBER DIETZ MOVED TO REDUCE THE ASSESSABLE FRONT FOOTAGE OF CHARLOTTE BERG'S LOT FROM 245 FEET TO 178 FEET BECAUSE OF THE FACT THAT THE LOT FRONTAGE IS MORE THAN TWICE AS LONG AS THE REAR LOT LINE (245 FRONT - 175 REAR). COUNC I LMEMBER SCHULDT SECONDED THE MOT ION. THE MOTION CARRIED 4-0. Mayor Tralle requested staff to address this matter in the assessment manual. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 91-48, A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR PROCTOR AVENUE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7. Resolution Establishin~ Construction Debris Landfill Fee COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-49, A RESOLUTION ESTABLISHING CONSTRUCTION DEBRIS LANDFILL FEE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Counci Imemher Dietz questioned the maximum collection amount. Lori Johnson, Finance Director, stated the maximum amount to be collected would be $41,250 for the life of this debris landfill cell. THE MOTION CARRIED 4-0. e 8. Erosion Control Corrections for Deerfield 3rd and 4th Additions Cliff Skogstad, the City's Building Official, explained that he had received several phone calls from concerned citizens regarding City Council Minutes August 26, 1991 Page 4 e excavating in Deerfield 3rd and 4th. He indicated that after investigating the excavating, he found that Jerry Smith had started a mining excavation without plans, permits, or permission from the City. He had created areas with slopes steeper than three to one without considering erosion control and was also not following the master drainage plan for Deerfield 3rd and 4th Additions. Cliff Skogstad also stated that Jerry Smith had been excavating on private property. He further stated that Jerry Smith was informed that the excavating was illegal and that Mr. Smith continued to excavate in Deerfield 4th Addition. Cliff Skogstad indicated that he was working with Mr. Smith to correct the situation. He indicated that a meeting will be held wi th Jerry Smith and the homeowners that have been affected. He further stated that as per the City Attorney's direction, no building permi ts will be issued in that area until all of the information for correction is received from Jerry Smith. Cliff Skogstad informed the Council that the City is requesting a Letter of Credit so the City can be sure corrections are completed and, further, that criminal actions have begun against Jerry Smith. The City Council recessed at 8:25 p.m. and reconvened at the Elk River City Hall at 8:45 p.m. 9. 1992 Budll:et e The City Council reconvened to hold a budget work session in order to review the 1992 budget. . Marcie Babcock, Arts Coordinator for the Arts Council, stated that the Arts Council has not been able to raise the entire $10,000 to match the Ci ty' s contribution. She expressed her concern regarding the difficulty in trying to raise $10,000 while the Arts Council is trying to organize and get off the ground. She indicated that most of her time has been spent scheduling the activities and with fund raising. Mayor Tralle explained that he has been receiving requests from other groups and organizations within the City for funding from the City. Marcie Babcock stated that according to the Arts Partner Grant, the Arts Council will lose $10,000 if the City does not release $10,000 to the Arts Council. Cliff Lundberg stated that the Arts Council is an organization to enhance the City. He further indicated that it was the Arts Council's hope that the City would continue to contribute to the Arts Council after the three years. Councilmember Kropuenske arrived at this time, 9:20 p.m. e Mayor Tralle felt that the City originally agreed to give $10,000 to the Arts Council because the Arts Council had stated they would match the $10,000. Marcie Babcock requested the City Council consider eliminating the condition of the City's contribution that the Arts Council match the money. Mayor Tralle indicated that the Ci ty Council would take the request under consideration. City Council Minutes August 26, 1991 Page 5 e The City Administrator reviewed the status of the 1991 budget. He indicated that Local Government Aid has been cut for 1991 and 199?. It was stated that very limited funds are expected to be added to the fund hal ance at the end of 1991. He further i nd icated that a levy limit. freeze has been placed on cities for taxes payable in 1992. No additional funds can be collected based on new growth and this wi II make funding new programs for 199:? very difficult. Lori ,Johnson, Finance Director, stated that the proposed budget shows projected revenues of $2,724,550 and expenditures of $2,879,250, leaving a shortfall of $154,700. 9.3. Debt Service Levy Chan~es Lori Johnson, Finance Director, indicated that. changes are being requested to the 1980 Improvement Bond, 1985 Refunding and Improvement Bond, and the 1986 Improvement Bond levies. COlJNCILMEMBER KROPlJENSKfi: MOVED TO INCREASE THE 1980 IMPROVEM~~NT BOND LEVY BY $30,000, DECREASE THE 1985 REFUNDING AND IMPROVEMENT BOND LEVY BY $35,524, AND DECREASE THE 1986 IMPROVEMENT BOND FUND LEVY BY $12,598. COlJNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9;4. 1992 Tax Levy e COUNCILMEMBER HOLMGREN MOVED TO ADOPT RF.SOLUTION 91-50, A RESOLUTION AUTHORIZING THE PROPOSED TAX LEVY FOR CALENDAR YEAR 1992. COUNCILMEMBER KROPUENSKE SECONDED THE M01'ION. 'l'HE MO'l'ION CARRIED 5-0. 9.5. 1992 EDA Tax Levv COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 91-51, A RESOLUTION APPROVING 'fHE 1992 TAX LEVY FOR ECONOMIC DEVELOPMENT PURPOSES FOR THE ELK R.IVER ECONOMIC DEVELOPMENT AUTHORITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.6. 1992 HRA Tax Levv COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 91-52, A RESOLUTION APPROVING THE HOUSING AND REDEVELOPMENT AUTHORITY 1992 TAX LEVY. COUNCTLMF.MBER HOLMGREN SECONDED THE MOTTON. THE MOTION CARRIED 5-0. 9.7. Set Dat.e for Budget Puh Ii c HearinEt COUNClLMEMBER OlETZ MOVED TO HOLD THE ElIDGET PUBLIC HEARING ON DECEMBER 16, 1991, WITH A CONTINUATION DATE, IF NECESSARY, FOR DECEMBER 18, 1991. COlINCIJ.MEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. tit 9.2. Pav Re801utio~ The Council discuBsed the proposed pay resolution for 1992. Lori ,Iohnson indIcated that the pay resolution reflects a 3.5% increase in wages and an insurance cont.ribution increase of $1n.OO. CouncUmemberR City Council Minutes August 26, 1991 Page 6 e Holmgren and Dietz both stated they did not feel comfortable wi th a 3.5% wage increase at this time. Additional discussion took place on an employee request for a change in the pay resolution as it relates to payment for employee insurance. Lori Johnson informe~ the Council that she had received a request to allow employees with single coverage to have the option of a cash payment to be used to pay for insurance paid by their spouse. Lori Johnson indicated that there may he negative impacts on the group policy if this was approved. She further indicated that the current insurance company would allow only ten percent of the group to refuse coverage. Because the City could not limit the number of employees using this option, it would be extremely difficult to allow such an option. This was discussed by the Council and it was the consensus to deny this type of activity because it could affect the insurance coverage due to the amount of employees that may be interested in this type of benefit. e COUNCItMEMBER HOLMGREN MOVED ADOPT ITEM #8 IN THE 1992 COMPENSATION PLAN EXHIBIT 1 WHICH INDICATED THE FOLLOWING: ALL HEALTH INSURANCE BENEFITS OFFERED IN 1991 WILL AGAIN BE OFFERED IN 1992. THE CITY'S CONTRIBUTION FOR THE HEALTH, LIFE, AND DENTAL BENEFITS FOR EMPLOYEES WILL BE INCREASED TO $250 PER MONTH IN 1992. INSURANCE BENEFITS WILL BE OFFERED TO PERMANENT EMPLOYEES SCHEDULED TO WORK AN AVERAGE OF 30 OR MORE HOURS PER WEEK ON A PRO-RATED BASIS. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the Council to consider the pay resolution at a later date. 10. Other Business There was no other business. 11. 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 10:45 p.m. Respectfully submitted, ~~' /'"/ / n i c~),/~~/tLUr Sandra Thackeray City Clerk e