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11-18-1985 CC MIN ~ REGULAR MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. NOVEMBER 18. 1985 PRESENT: MaYo~ Hin~:le. Councilmembe~s Schuldt. Gunkel. Williams and En9st~om Membe~s Absent: None Staff Present: Tom Bublitz. CityAdminist~ato~; Te~~Y Maure~. City En9inee~; Dave Selle~9ren. City Attorney; Phil Hals. St~eetSuperintendent; Tom ZerwBs. Police Chief; Da~rell Mack. Sewer Superintendent 1. Mayor Hinkle called the meetin9 to order at 7:30 p.m. 2. Consideration of Octobe~ 28. 1985 City Council Minutes It was noted that the date Janua~Y 6. 1985. on page six should be corrected to ~ead Janua~Y 6. 1986. COUNCILMEMBER GUNKEL MOVED TO APPROVE THE OCTOBER 28. 1985 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. Conside~ation of Novembe~ 18. 1985 City Council Agenda Councilmember Schuldt indicated he wo~ld like to see item #8 deleted from the agenda because he felt it was not proper fo~ the City to make recommendations re9ardin9 what the County should do ~e9ardin9 their property. MaYor Hinkle stated he felt the item should remain on the agenda mainly because there were people in the audience present for this item. Councilmember Schuldt withdrew his request. COUNCILMEMBER COUNCILMEMBER PASSED 4-0. GUNKEL ENGSTROM MOVED TO SECONDED APPROVE THE THE MOTION. AGENDA. THE MOTION 4. Open Mike Councilmember Schuldt addressed the Council re9a~din9 the City donatin9 money for the Senior Graduation Party. Councilmember Schuldt noted that last Yea~ was the fi~st Yea~ the 9raduation ni9ht party was held and stated that it was a hUge success. He indicated he felt the City could take the money the City is savin9 on police protection for sraduation nisht and donate it to the committee for 9~aduation nisht. He further stated that he would like to encourase the Council to find money in the budget to help with the sraduation party in comins Years. Councilmember Schuldt indicated that if the City Council werewillins to donate money for this cause he would so to other su~roundins PAGE 2 CITY COUNCIL MINUTES NOVEMBER 18. 1985 Cities and request money for this cause from the City Councils. COUNCILMEMBER SCHULDT MOVED TO DONATE $500.00 TO GRADUATION COMMITTEE FOR THE SENIOR GRADUATION PARTY. HINKLE SECONDED THE MOTION. THE MAYOR Councilmember Williams indicated he supports the theory but stated he felt with the budget problems he was hesitant in donatin9 the money at this time. Councilmember En9strom indicated he would like to talk to a few people re9ardin9 the party and get more information on the results of the party last year before he makes a decision. COUNCILMEMBER COUNCILMEMBER PASSED 4-0. ENGSTROM WILLIAMS MOVED SECONDED TO THE TABLE MOTION. THE MOTION. THE MOTION 5. Consideration of Request for Final Payment for Trunk Highwav 169 Water Main Crossing Project The City Administrator indicated that the City's EnBineer has recommended acceptance of all work and final payment for the Hi9hwav 169 watermain loop project. COUNCILMEMBER WILLIAMS MOVED TO ADOPT RESOLUTION 85~67 A RESOLUTION ACCEPTING WORK PERFORMED UNDER ELK RIVER PLAZA PUD 16 INCH TRUNK WATER MAIN IMPROVEMENT PROJECT AND AUTHORIZING PAYMENT. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Consideration of Final Payment on Ridgewood Overlay Project The City Administrator indicated that the City En9ineer has inspected the work performed bvBuffalo Bituminous for the Ridgewood overlay project and further stated that the work was found to be in compliance with the contract documents, technical sF'ecifications. and constr'uction plans. The City Administrator further stated that the City En9ineer has recommended approval of the final payment continsent on the r'eceiF't of: 1. Minnesota Department of Revenue Form IC-134. 2. Consent of Surety Company to final payment. 3. Certification of Payment for Labor and materials. PAGE 3 CITY COUNCIL MINUTES NOVEMBER 18, 1985 COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION RESOLUTION ACCEPTING WORK PERFORMED UNDER RIDGEWOOD IMPROVEMENT PROJECT 1985-1 AND AUTHORIZING CONTINGENT ON THE RECEIPT OF THE AFOREMENTIONED STIPULATIONS. COUNCILMEMBER WILLILAMS SECONDED THE THE MOTION PASSED 4-0~ 85-68 A OVERLAY PAYMENT THREE MOTION. 7. Conside~ation of Request Fo~ Pa~tial Payment On Elevated Wate~ Towe~ P~oJect Ter~y Mau~e~, the City's Enginee~ stated that the pa~tial pav estimate *1 f~om HvdrO$to~age,fo~thewate~ is fo~ $296,846.25. He fur-ther' stated the f-ayment is for' Design and Dr-awings, Foundation, 801. of the fab~ication and 301. of the E~ection. COUNCILMEMBER ENGSTROM MOVED TO ADOPT RESOLUTION 85-68A, A RESOLUTION AUTHORIZING PARTIAL PAY ESTIMATE #1 FOR ELEVATED WATER TOWER PROJECT IN THE AMOUNT OF $296,846.25. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. Conside~ation of She~bu~ne County Cou~t House to the National Registe~ of Histo~ic Places MaYo~ Hinkle noted that the She~bu~ne County Cou~t House is being considered bv the State Boa~d of Review fo~ nomination to the National Registe~ of Histo~ic Places. Mavor Hinkle fu~the~ indicated that the County Commissioner has asked that the City gO on ~ecord stating that this buildins not be designated as histo~ic. Mavor Hinkle furthe~ stated that he felt the builins has no histo~ic value. Councilmember Schuldt stated he felt this was a matter that belonss with the Countv Commissione~s as it is a Countv buldins on County land. Councilmember Gunkel stated she had no st~ons feelins one wav or the other. She stated the County has not fo~mallYor publicly made a statement one wav or the other, and yet they have asked the City to do 50. Councilmember Gunkel stated she felt it is not appropri~te for Elk River to make a formal statement on this issue. Gress Guzv, Sherburne County Sherburne County Courthouse house in the State besides one looking at brinsing it back when it was orisinally built. a landmark for Elk River. Historian, stated that the is the only remainins court other. He said thev would be to a wood structure as it was He further stated it would be PAGE 4 CITY COUNCIL MINUTES OVEMBER 18, 1985 Councilmember Engstrom stated he felt the Citv needed this to build UF"on for histor"v. He fur.ther" stated we should be proud there is somethins in Elk River that professional historians feel is worth keeping. A vote was taken of the audience of those in favor or opposed to making the builing a historical site. The vast maJoritv of the people in the audience voted for considering the building as a historical site. The Citv Council took no action on this matter. 9. Westwood, Lundsren Homes First Addition, and Island View Third Addition Sanitary Sewer and Water Main Project/Public Hear i ns Terrv Maurer, the Citv's Ensineer, presented the project to the Citv Council and the audience. Terry Maurer stated that the Citv is proposing to extend sewer and water to serve the area of Westwood, LundsrenHomes First Addition and Island View Third Addition. Mr. Maurer further indicated that in earlv September the Citv Council invited the people in these areas to an informational meetins because of some probelems which have been developins in the area. He indicated that there are some present svstems failins and because of the smaller lot sizes it mav be impossible to rebuild existing septic systems. Terrv Maurer gave a presentation of the feasibilitv study at this time. Mavor Hinkle noted that the Citv Council did not initiate the project and further stated that it was a request from people in the area. Mavor Hinkle opened the public hearins at this time. The following are persons who expressed opinions on this F"r"o~i ec t: Marilvn VanPatten -Stated she was interested in sellins her house and would have a hard time with the assessment on it. Ken Noltv Felt the assessment charse was too high. Indicated he felt the homes would not sell because of the high assessment charse. Totallv against the assessment. Mark Davis - Question resardins the SAC charse. Robert Bell - Questioned the cost of the storm sewer. ~ PAGE 5 CITY COUNCIL MINUTES OVEMBER 18. 1985 Rikki Buttweille~ - Questioned whethe~ p~ope~ty taxes would be~aised because evaluation of p~ope~ty would b~ ~aised. EvonHetland - Questioned hGW the cost of the p~ope~ty could be Justified with such a hish assessment. Totally opposed because it would cost he~ mo~e than she would sain. Joe Be~glove Questioned how many p~oper~y owne~s were in~erested in the p~oJect and ~uestioned who would make the final decision as to whethe~ or not the assessment would gO th~ough. Barbara Ernst - Stated she owns 9 lots. Indicated she would be looking at Just walkins away from the lots if the assessment were passed. Stated she was totally opposed to the assessment. Lloyd Anderson Questioned who would pay the taxes and assessments if the owners walk away from the property. Eleanor Todal -Understood the project was initiated because only four people complained. Peter Rohlf - Wanted to see a show of hands as to how many people we~e in favor or opposed to the project. Dick Hetland- Stated he was opposed to the project because he sees no increase in value in the property. Jane Williams Questioned how much it would cost to rebuild a sewer system if it should fail. Michelle Davis - Questioned if a lot line could be removed soa person could pay for one unit as opposed to two. Lorraine Lieber indicated she lives by a pond and was questioning whether water would be drained into it. Jim Hennum Stated the assessments would not raise the property value by the cost of the assessments. Stated he is opposed because he feels it is not needed in the area. After discussion by the City Council, a vote of hands as to those opposed to the assessment was taken. A vast maJo~ity of the people we~e against the assessment. The improvement project for sanita~y sewer, water main, street restoration and storm sewer improvements for proprty in the Westwood Subdivision, Lundgren Homes First Addition, and Island View Third Addition was dropped at this time. ~ PAGE 6 CITY COUNCIL MINUTES OVEMBER 18, 1985 Public Hearing on 1986 Proposed City Budget and Proposed Use of Federal Revenue Sharing Funds The Citv Administrator indicated that he did receive a time extension from the State to set the levy. and indicated that h& was requestins the Council to do so at this time. The Citv Council discussed umbrella coveraee, and the special levies of LAWCON. Dutch Elm and Civil Defvense. Mavor Hinkle opened the publichearins at this time. No one appeared for or asainst the matter. Mavor Hinkle closed the 1=- LI b lie h ea r- ins. Mavor Hinkle closed the public hearins. The Council discussed the purchase ofumtrella coveraeE for the Citv. The City Administr'ator- ned-e-d that umbr'e-Ila coveraee was a special levv over and above the general fund levv limit. He also noted that the estimated cost for umbrella coveraee would be between 525,000 and 535,000. He also pointed out that presentlv onlv one carrier in the state is offerins umbrella coveraee and that is the Leaeue of Minnesota Cities Trust. He added that the umbrella coveraeethe Leaeue offers is onlv for 51,OOO,QOO. The Council continued to discuss the purchase of umbrella coveraee and it was noted that the limits of liability under State Statute limits a Citv's liabilitv to $200,000 per claimant and $600.000 per occurrence. The Citv Administrator pointed out that if a Citv purchases coveraee in excess of these limits. it waives the limits to the extent of the coverage it purchases. He also noted that the $600.000 statutorvlimit had not been tested in court. The Council continued this discussion and. based on the prohibitive cost, the ~tatutorY limitations of liability and the unavailability of a choice of umbrella coverages, the City Council deleted the umbrella coveraee from the overall tax levv. COUNCILMEMBER GUNKEL MOVED TO ADOPT RESOLUTION 85-69, A RESOLUTION AUTHORIZING TAX LEVIES FOR CALENDAR YEAR 1986. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. The City Administrator indicated he was presenting the City Council with a resolution which would authorize the transferrins of the followins funds: ~ PAGE 7 ITY COUNCIL MINUTES OVEMBER 18. 1985 1. The transferring of $8,037 from the Orono Dam Capital Projects fund to the Orono Dam Debt Service Fund. 2. ThE' transfer'r'ing of $510 from the Ge'ner'al Fund to 1983 Certificates of Indebtedness Capital Pr~Jects Fund to elirninatethe fund balance deficit. 3. The tr'ansfer'r'ing of $50.492 of the 1978 Cer'tificates of I ndebtendE'ss DE'bt Ser'vi c e Fund to thE' Gener.a 1 Fun.d", COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 85-70. A RESOLUTION REGARDING THE TRANSFERRING OF FUNDS FROM DEBT SERVICE FUND. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. The City Administrator noted that there was $36,100 in revenue sharing funds. MaY~r Hinkle opened the public hearing. No one was for or in opposition of for this item. COUNCILMEMBER ENGSTROM REVENUE SHARING FUND COUNCILMEMBER SCHULDT PASSED 4-0. MOVED TO ALLOCATE THE MONIES IN THE TO THE STREET DEPARTMENT. SECONDED THE MOTION. THE MOTION COUNCILMEMBER GUNKEL MOVED TO CONTINUE THE PUBLIC HEARING REGARDING THE DETAIL OF THE BUDGET. COUNCILMEMBER WILLIAMS SECONDED THE MOTION. THE MOTION PASSED 4-0. IDA. Review of Urban/Rural Tax Ratio Discussion was held regarding the boundary lines of the urban/rural tax ratio. It was indicated that once an area is platted, it should then be put in the urban district. It was the Council's feeling that it would take some time to rE'do thE' boundary lines since the City has had so many new subdivisions in the last couple of Years. MAYOR HINKLE MOVED TO LEAVE THE URBAN/RURAL TAX RATIO AS IT WAS IN 1985. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Public H~aring for $1.600.000 IRB for Scherer Ltd. ThE' City Administrator indicated that a public hearing was being held by the City Council on an industrial development FTO~iE'ct F'r'oF'osed to be under'taken and financed by the Cit.y and Scherer Limited Partnership. The City Administrator further indicatE'd that the project consists of the ~ PAGE 8 CITY COUNCIL MINUTES NOVEMBER 18. 1985 construction of a 40.000sCJuar'e foot r'etail facility on Lots 5, 6 and 7, Block 2, Elk River Plaza, which will be leased by Pamida. Mayor Hinkle opened the public hearins. John Gries explained the process for the IRB at this time. Mayor Hinkle closed the public hearins. COUNCILMEMBER ENGSTROM MOVED TO APPROVE RESOLUTION 85-71. A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY SCHERER LIMITED PARTNERSHIP UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR APPROVAL THEREOF. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Consideration of Request for IRB For Hardware Store The City Administf'atof- indicated that Jay Mor'f-ell and Johr, Plaistad ar'e F'resentins to the Council a F'f'oF-osal reCJuestins that the'City undertake and finance a proJ~ct con s i s tin s 0 f the con s t r. u c t ion 0 fan a F- F' f' 0 xi ma tel 0,000 sCJuare foot buildins for a hardware stor~ at part of Lot 7, Block 2. Elk River Plaza. which would be owned and operated by Jay Morrell and John Plaistad. The City Administrator fur'ther' stated that this would follow the same pf'oceduf'E' as the PamidaStore project. COUNCILMEMBER ENGSTROM MOVED TO ACCEPT RESOLUTION 85-72. A RESOLUTION GRANTING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT. JAY MORRELL AND JOHN PLAISTAD PARTNERSHIP UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING APPLICATION FOR BOND ISSUANCE AUTHORITY THEREFOR. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Consider Resolution Acceptins bids and authof'izins Purchase of Police Patrol Sedans Police Chief Zerwas stated that on November 13. 1985, the City received bids for the purchase of two police patrol sedans. He further stated that the low bid was received ff-om Br-oo~:dale FOf'd in the' amount of $11.288 F'ef' unit. Chief Zerwas noted that on November 14. 1985, Hennepin County awarded thE' bid for Police vehicles to Vikins/Southdale Ford at a price of $11.111 per unit. PAGE 9 CITY COUNCIL MINUTES NOVEMBER 18. 1985 Chief Zerwas indicated that- the City has also received bids for the sale of one 1983 and one 1984 Police Vehicles. He indicated that the bids came in at $3,000 for the 1984 vehicle and $2.500 for the 1983 vehicle. COUNCILMEMBER WILLIAMS MOVED TO GRANT AUTHORIZATION TO THE CHIEF OF POLICE TO ACCEPT THE aIDS RECEIVED FOR THE 1983 AND 1984 OLD POLICE VEHICLES. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. COUNCILMEMBER WILLIAMS MOVED TO ADOPT RESOLUTION 85-73. A RESOLUTION REJECTING BIDS AND AUTHORIZING THE PURCHASE OF TWO POLICE PATROL SEDANS FROM VIKING/SOUTHDALE FORD AT A UNIT PRICE OF $11.111. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTON PASSED 4-0. 14. Consideration of Resolution Authorizin9 Purchase of IT28 Front End Loader COUNCILMEMBER WILLIAMS MOVED TO ACCEPT RESOLUTION 85-74. A RESOLUTION AUTHORIZING PURCHASE OF IT 28 FOUR WHEEL DRIVE FRONT END LOADER. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 15. Administrator's Update A. RDF Update The City Administrator updated the Council on the RDF and presented a handout to the Council. B. Stop Si9n At School and Proctor Mayor Hinkle stated that the County En9ineer and County Commissioners were opposed to the stop si9n bein9 put back at School Street and Proctor Street. The Mavor' fur.ther. statf:'d he had r'eceivE'd some lE.ttE'r's in favor of r'e-er'ectin9 the stop si9n. The Mavor' noted hE' felt the Council should pass the resolution statin9 that the stop si9n be re-erected at School and Proctor. COUNCILMEMBER GUNKEL MOVED TO ADOPT RESOLUTION 85-75. A RESOLUTION CALLING FOR THE RE-ERECTION OF A STOP SIGN AT SCHOOL STREET AND PROCTOR AVENUE. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. C. Stop Si9n At East Main and UPA Drive PAGE 10 CITY COUNCIL MINUTES NOVEMBER 18, 1985 COUNCILMEMBER SCHULDT MOVED TO INSTALL A $TOP SIGN AT EAST MAIN STREET AND UPA DRIVE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 16. Check Re9ister COUNC I LMEMBER GUN~~EL MOVED TO APPROVE THE CHECK REG I STER. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 17. Adjournment Ther~ bein9 no MOVED TO ADJOURN SECONDED THE MOTION. furth~r business, COUNCILMEMBER ENGSTROM THE MEETING. COUNCILMEMBER SCHULDT THE MOTION PASSED 4-0. The Elk River City Council meetin9 adjourned at 11:25 p.m. sd~ R~cordin9 Secretary Sa n dr'a Tha c k er'a Y