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10-28-1985 CC MIN " REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, OCTOBER 28, 1985 Members Present: Mayor Hinkle, Councilmembers Schuldt, Gun~:el, and Engstr'om Members Absent: Councilmembers Williams Staff Present: Tom Bublitz, City Administrator; City Finance Director; Terry Engineer' Lor.i .Johnson, Maur'er., Ci tv 1. Mayor Hinkle called the meeting to order at 7=30 p.m. 2. Cansideca~ian_a~_agenda Item 7F~ Mayor's Association Annual Meeting was added to the agenda. COUNCILMEMBER GUNKEL CITY COUNCIL AGENDA SECONDED THE MOTION. MOVED TO APPROVE THE OCTOBER 28, 1985 AS AMENDED. COUNCILMEMBER SCHULDT THE MOTION PASSED 3-0. 3. Cansideca~ian__o~__Eeasihili~~__S~ud~_Eac_S~cee~_and_U~iliL~ Imeca~emen~s_an~Main_S~cee~_and_Ocana_Raad NOTE: Councilmember Engstrom arrived at 7:35 p.m. Terrv Maurer, the City's Engineer presented the Main Street and Orono Feasibility Study to the City Council. The City Engineer further explained the City's existing sanitary sewer system and the proposed sanitary sewer placement as illustrated in exhibit 2 of the Main Street Feasibility Study. Terry Maurer stated that they are proposing to rework the existins lift station so as to increase the capacity. Terry Maurer further stated that the existing 12 inch sewer line alons the river bank is not currently overloaded but is in a location which makes normal maintenance almost impossible. He further stated that the sewer line is of ase and material which makes failure a concern. Mr. Maurer then stated that it would not be possible to eliminate the line but it would be possible to greatly reduce the flow through this line. The City Engineer then explained exhibit 4 to the Council. He stated that the western area, which is unsewered will hook UP to the interceptor. He further stated that the City should take a hard look at this area to see what type of systems the City should be looking at to adequately serve the" ar.ea. ~ PAGE 2 CITY COUNCIL MINUTES OCTOBER 28, 1985 The City Engineer then explained the proposed water main improvements east of the Main Street bridge as shown on exhibit 5 and further explained the proposed water main improvements west of the Main Street Bridge as shown on Exhibit 6. The City Engineer then explained the diagonal parking criteria as explained in Exhibit 8. Discussion was held regarding the fact that the diagonal parking might have to be eliminated which would create a net loss of 25 spaces if parallel parking were enforced. The City Engineer then went into detail about the streets. He stated that the streets would be 9 ton concr'ete cur'b and gutter' on both sfdes and noted that they would be wide enough f~r two lanes of traffic and two parking lanes. Councilmember Engstrom noted he felt the downtown area could not afford to lose their parking spaces and felt diagonal parkins should not have to be excluded. Terry Maurer stated that based on the current traffic count and the available right-of-way width. the diagonal parkin9 alon9 Main Street would have to be eliminated. Councilmember Engstrom noted that he would like to check with the City Attorney re9arding a hardship to the small businesses resarding the parkins. He further noted that maybe the City could apply for a variance from the State resardin9 their parking requirements. Councilmember Engstrom further stated that he would like the City En9ineer to look into making the road between Jackson and Highway #10 wide enough to allow diagonal parking. Oeeo_t'Jike Wade Turner approached the the president of the Elk stated that he would like United Way by setting UP further stated that he was Council to approach the City Council and stated that he was River United Way. Mr. Turner the City to cooF"er"ate with the a payroll deduction system and requestins permission from the r' e ga r" din 9 t his. COUNCILMEMBER ENGSTROM MOVED TO ALLOW WADE TURNER, PRESIDENT OF UNITED WAY. TO REOUEST CONTRIBUTIONS FROM THE CITY OF ELK RIVER EMPLOYEES FOR THE ELK RIVER UNITED WAY. COUNCILMEMBER SCHULDT SECONDED THE MOTION. Councilmember Gunkel noted her concern about the burden it would put on the payroll clerk. THE MOTION PASSED 3-0. ~ . . ~ PAGE 3 CITY COUNCIL MINUTES OCTOBER 28. 1985 5. ellhlic_~eacing_on_Bidgewood_Sllbdiyision_~dditions_l~2~&3 The City Administrator noted that a notice of assessment hearing had been published in the City's newspaper and also that mailed notice to th~ affected property owners had went out. The City Administrator further noted that the City had not received any objections to the assessments. The City Administrator further noted that the total project cost was $62,249.83. Mayor Hinkle opened the public hearing. Mr. Ron Niziolek was present and questioned whether any fill would be added to the edges to help prevent the breakins down. The City Engineer noted that he and the City Street Superintendent had looked at the situation and the Street Superintendent indicated that he would have his crew take care of the matter. Mayor Hinkle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 85-63 A RESOLUTION ADOPTING ASSESSMENT OF BITUMINOUS OVERLAY FOR BITUMINOUS OVERLAY STREET IMPROVEMENT FOR RIDGEWOOD SUBDIVISION ADDITIONS 1.2.&3 IMPROVEMENT PROJECT 1985-1. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. CDnsidecation__Df__~ssessments__fDc__211tb___~Yenlle___Stceet Im~cDYement_ecD~ect The City Administrator noted that 211th Street Improvement project was initiated in 1983 and completed in 1984 but never assessed. He noted that the project consisted of regrading and repairing the gravel road on 211th. The City Administrator stated that initially the minutes talked about dividing the assessment seven ways in December of 1983. He further stated that in January of 1984 there was a consensus of residents on 211th to asree with the proposed assessment based on six units. The City Administrator stated that Mr. Howard Garnet Hommes had come in and requested an administrative subdivision which .would enable him to divide one of his parcels in the original six units into two parcels. At the time Mr. Hommes requested the administrative subdivision there was some discussion at the Council Meeting of dividing the original six units into seven units due to the administrative subdivision. PAGE 4 CITY COUNCIL MINUTES OCTOBER 28~ 1985 The C i t y Adm i n i s t r. a tor s tat e d t hat he had r. e c e i v e d ale t t e r' from Raymond Jedneak and a phone call from Mr. Mike Dehn statins that they had understood that the assessment was to be divided seven ways instead of six. The City Administrator noted that he had looked throush the minutes resardins this matter and could find no action taken resardins the dividins of the assessments into seven ways. Councilmember Ensstrom noted he felt that the records were in error. He further stated that when the subdivision for Mr. Hommes was sranted, it was Hommes' understandins, and the residents' understandins that Mr. Hommes would pay the seventh share of the assessment. Councilmember Gunkel the assessment was stated that this motion. noted that it was also her feelins that to be split seven ways, and further may have never been formalized with a COUNCILMEMBER GUNKEL MOVED TO DIVIDE 211TH AVENUE SEVEN WAYS WITH MR. HOMMES ASSESSMENT FOR HIS SUBDIVIDED LOT REASSESSMENT PROCEDURES AS OUTLINED MOTION PASSED 4-0. THE ASSESSMENT FOR PAYING THE SEVENTH PURSUANT TO THE IN CHAPTER 429. THE Mayor Hinkle noted that he was also under the assumption that Hommes would pick UP the other assessment, and stated that it was not put in the motion but that it was the Council's intent. Mr. Ray Jedneak stated that Hommes had orisinally stated that he would pay two assessments if he could split his lot. Councilmember Ensstrom noted that the only reason the City Council did allow the sravel road was because it would be impossible for the number of lots existins on 211th to pay for a blacktop road. He further stated that if there were more residents, the road would have to be upsraded to the City's requirements for public roads with a blacktop sur' f ac e . Dis~ussion was held resardins the problem the City may have in collectins the assessment on the lot which was subdivided by Hommes because of the fact that Hommes does not own the lot anYlTlor"e. -, PAGE 5 CITY COUNCIL MINUTES OCTOBER ,"" 1985 2.'1, Mr. Rav Jedneak stated that he does not want to pav somebodv else's share of the assessment so thev could make monev off of the r'oad. 4. Considecation__o~__Eeasibilit~__Stud~_~Qc_Sanitac~_Sewec_and Watec__Main__lm~co~ements__in_Westwaod_Subdi~isian~_Lundscen l::Iomes_Eicst_~ddition_and_lsland_~iew_3cd_~dditiQn Terrv Maurer, the Citv's Engineer presented the feasibility studv for Westwood Subdivision, Lundgren Homes First Addition and Island View 3rd Addition to the Citv Council. The Citv Engineer stated that sewer and water similar to the Simonet p~oJect would be 90in9 in this area. He further stated that this does fall within the storm sewer district, and further that there is a storm sewer thev are proposin9 to build. He stated that the cost of the project would be approximatelv $120,000. He stated that $60,000 would be lateral benefit and $60,000 trunk benefit. The Citv Engineer noted that thev were trvin9 to lump some part of this into MSA funds to prevent a double assessment hearing. 7A. DisLcetionac~_Ellnds Councilmember Gunkel stated that she felt the MSA discretionarv fund should be more defined as to how much money is in the fund today, how much do we anticipate it will be building and further to define some kind of policy on how the City intends to use the money. Mavor Hinkle 9uestioned how the Citv Council can set a policv on what to use the monev for when they are not sure how much monev they have to work with. Mayor Hinkle further stated he felt discretionary funds should be used for the people who live on streets such as Main Street or main thorou9hfar'es 50 they do not get overassessed. Councilmember Gunkel questioned whether it was appropriate to use MSA money for something that would not normally be covered bv MSA funds. She further stated that if it is appropriate, mavbe the City could use the funds to repair some of the City services that need repairing to offset the assessment costs. Mayor Hinkle stated he felt the Citvshould be consistent in usin9 the- funds. Councilmember Engstrom stated that he felt maybe the funds could be used for stree-t improvements that would exceed the $12.50/ft charge and eQuId not accumulate MSAfunds. PAGE 6 .ITY COUNCIL MINUTES CTOBER 28, 1985 Councilmember Gunkel noted she ~elt the ~unds should be restricted to MSA projects because if they are used for other purposes, it ~ould become a problem in where the funds were allowed for ~ne ~ituation and not another situation. Mayor Hinkle stated he would like ~o see a policy set to use these funds for street improvements and other related items. Councilmember Engstrom noted he would like to see a policy set to use these funds for road improvements and related costs. The City Administrator stated that maybe it would be worthwhile to take a survey of other cities in the area to see how they are using these funds. Terry Maurer suggested that the public hearing for Main Street be delayed until such time that a decision can be made on the use of discretionary funds. COUNCILMEMBER GUNKEL MOVED TO ADOPT RESOLUTION 85-64 A RESOLUTION AMENDING RESOLUTION 85-58 CHANGING THE PUBLIC HEARING DATE FOR THE MAIN STREET AND ORONO ROAD STREET AND UTILITY IMPROVEMENT PROJECT TO JANUARY 6, 1986. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 3-0. 7B. Memhecshi2_Q~_Ci~izen~s_ad~isnc~_Cnmmi~iee The City Administrator indicated that he had received a list of community organizations which could possibly help in selecting committee members for the Citizen's Advisory Committee. He stated that he had went over the names of the previously involved people and noted that there were some people on that list who would still be interested. Mayor Hinkle noted establish how manv Councilmember Gunkel be appropriate and made. that he felt the City Council should members should serve on the Committee. stated she felt about 20 people would felt that a meeting schedule should be It was the consensus of the City Council that that the committee consist of approximately 20 people plus the Councilmembers. and further that the Citv Administrator should draft a letter to send to the Chamber. the Rotary. Lions etc. asking for~eople interested in serving on the committee. The Mavor further noted that perhaps somebody from the Planning Commission should also serve on the Committee. PAGE 7 CITY COUNCIL MINUTES OCTOBER 28, 1985 7C. Cbambec__Leiiec__eeguesiing__M~LDOI_ia_Mainiain_eesi_acea_an 8igbwa~_lQ_beiween_Elk_eiYec_and_Qnaka_~eac_acQund COUNCILMEMBER ENGSTROM MOVED TO ADOPT RESOLUTION 85-65 A RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO MAINTAIN THE REST AREA ON HIGHWAY 10 BETWEEN ELK RIVER AN ANOKA AS A YEAR AROUND FACILITY. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 7D. Siaff_ee2aci_an_Cii~~s_Cameuiec_8acdwace_and_Safiwace Lori Johnson, Finane. Director, noted that the staff is in the process of evaluatin9 the software which is availa~le from Computoserve. Lori Johnson discussed payroll, fund accountin9, and word processin9 with the City Council and showed several samples of print out material to the City Council. It was the consensus of the City Council that the Finance Director work with the City Administrator and get the necessary software required. COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE PURCHASE OF AN NE7110 PRINTER. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. 7E. 1286_Budgei Tom Bublitz, the City Administrator discussed the settins of the levy. He noted that the 1979 and 1980 improvement bonds have some delinquencies. He further noted that he was reqUestin9 that the 1980 improvement bond be raised from $5,895 to $10,000 to cover the the delinquencies. He further noted there was a special levy available for commercial and industrial improvements for the last three Years. Discussion was held re9ardin9 usin9 the certificate of indebtedness for equipment and maybe havin9 a savin9S area in the budget for purchasin9 equipment. Councilmember Gunkel noted that it would maybe be a 900d idea to continue the practice for one more year of using the certificates of indebtedness and then maybe draw UP some type of savin9s plan for equipment purchases. Discussion was held re9ardin9 the urban rural tax ratio. It was noted that the boundary lines should be changed. The public hearing date was set for November 18, 1985 for the urban rural tax ratio. PAGE 8 CITY COUNCIL MINUTES OCTOBER 28, 1985 7F. Ma~Qc~s_assQcia~Qn_annua~_Mee~ing Mayor Hinkl~ not~d that h~ belonss to the Minnesota Mayor's Association and h~ was rquestins p~rmission to attend the annual meetin~ on November 16, 1985 which would be held in St. Paul and would cost $70.00. COUNCILMEMBER GUNKEL HINKLE TO ATTEND THE MEETING. COUNCILMEMBER MOTION PASSED 3-0. MOVED TO GRANT PERMISSION TO MAYOR MINNESOTA MAYOR'S ASSOCIATION ANNUAL SCHULDT SECONDED THE MOTION. THE The City Administrator presented a memo to the City Council resardins th~ actions of Officer Dennis Johnson. The City Administrator indicated that Chief Zerwas had problems with Dennis Johnson's behavior and was recommendins that Mr. Johnson's employment with the City be terminat~d immeditely. COUNCILMEMBER SCHULDT MOVED TO TAKE ACTION TO TERMINATE THE EMPLOYMENT OF OFFICER DENNIS JOHNSON. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-0 8. Cbeck_Begis~ec COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 3-0. Ther'e bei ns no TO ADJOURN COUNCILMEMBER PASSED 3-0. furthe~ business, COUNCILMEMBER SCHULDT MOVED THE ELK RIVER CITY COUNCIL MEETING. ENGSTROM SECONDED THE MOTION. THE MOTION The Elk River City Council adjourned at 11=10 p.m. ~~ Sandra Thackeray Recordins Secretary