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10-18-1982 CC MIN REGULAR WEEKLY SCHEDULED MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY OCTOBER 18, 1982 Members Present: Mayor Hinkle, Councilmembers Schuldt, Engstrom, Toth and Duitsman Members Absent: None 1. The meeting was called to order at 7:30 p.m. by Mayor Hinkle. 2. Agenda Item 11 - the Parking Lot on the North Side of the Tracks, was added to the October 18, 1982 City Council Agenda. COUNCILMAN TOTH MOVED TO APPROVE THE OCTOBER 18, 1982 CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Minutes COUNCILMAN SCHULDT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 4, 1982 CITY COUNCIL MEETING. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 4. Open Mike Mrs. LaRock asked when the landscaping would be done along School Street. Mr. Terry Maurer, engineer on the School Street project, indicated that the paving should begin at the end of the current week, or the beginning of next week and that black dirt would then be hauled in for the landscaping. 5. Final Pay Estimate for Ridgewood East 2nd Addition and the Industrial Park Lateral Extensions COUNCILMAN DUITSMAN MOVED TO APPROVE FINAL PAY ESTIMATE TO C.S. McCROSSAN IN THE AMOUNT OF $3,861.36 FOR THE RIDGEWOOD EAST 2ND ADDITION AND THE INDUSTRIAL PARK SEWER LATERAL EXTENSIONS. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Pay Estimate #2 Yor School Street Project Mr. Terry Maurer of Consulting Engineers Diversified, indicated that Pay Estimate #2 is for work completed in September. COUNCILMAN TOTH MOVED TO APPROVE PAY ESTIMATE #2 TO BAUERLY BROTHERS IN THE AMOUNT OF $106,578.46 FOR THE SCHOOL STREET IMPROVEMENT PROJECT. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. Councilman Toth indicated that the sidewalk along Irving Avenue should be able to be put in without the destruction or removal of trees or shrubbery. Mr. Terry Maurer of Consulting Engineers Diversifed, indicated that Bauerly Brothers would be doing the grading for the sidewalk and then ArCon will corne back to do the concrete work the next week. City Council Minutes Page Two October 18, 1982 7. Bowling Alley License for Danceland, Inc. COUNCILMAN SCHULDT MOVED TO APPROVE THE BOWLING ALLEY LICENSE FOR DANCELAND, INC. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Election Judge Resolution Councilman Duitsman indicated that he was not in favor of City employees' spouses serving as election judges. Councilman Duitsman further indicated that he felt training sessions for election judges should not last more than two hours. Gen- eral discussion was carried on regarding time required for election judge training. COUNCILMAN DUITSMAN MOVED TO APPROVE RESOLUTION 82-25, A RESOLUTION APPOINTING ELECTION JUDGES FOR THE GENERAL ELECTION WITH THE SPECIFICATION THAT PAYMENT FOR TRAINING TIME SHALL NOT BE MORE THAN TWO HOURS. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4~0. 9. Industrial Park Sewer Laterals Assessment - Public Hearing The Deputy City Clerk indicated that the assessment is proposed to be levied on a unit basis, inasmuch as each lot in the Industrial Park would have equal use to the sanitary sewer line. The Deputy City Clerk further indicated that the City Council authorized a change order for seWer laterals in the Industrial Park to ex- tend the lateral line across the frontage of the MoCon property to provide service at a future date to the property owned by Mr. John Oliver. The Deputy City Clerk indicated that at the time of the change order, Mr. John Oliver agreed to pay the cost of the extension which was estimated at approximately $2,000. The Deputy City Clerk further indicated that according to the engineers on the project, McCombs- Knutson and Associates, the change order was $2,000 and using a percentage of the $2,000 to the total construction cost of the project, that percentage was applied to the legal, administrative, bond costs and capitalized interest costs which equals an amount of $450. The Deputy City Clerk indicated that $2,450.00 is proposed to be assessed to three parcels of property owned by Mr. John Oliver and that the balance of the construction costs including legal, administrative, bond costs and capitalized interest, is divided among the nine units in the Industrial Park. Mayor Hinkle opened the Public Hearing. No one expressed their opposition to the proposed assessment roll. Mr. Skip McCombs of McCombs-Knutson and Associates, indicated that he had some concern of the proposed assessment to John Oliver's property. Mr. McCombs further indicated that he believed the assessment should be assessed to the one property that directly benefited from the extension of the sewer lateral. Councilman Toth indicated that the extension of the sewer lateral would serve the same purpose as an interceptor; that is, that portion of the extension would eventually serve all three parcels across the street. Mr. John Plaisted indicated that the assessment was originally proposed to be done on a front footage basis, but that it appears to be a more fair means of assessment on a unit basis. City Council Minutes Page Three October 18, 1982 It was the general consensus of the City Council that the extension of the sewer lateral to serve the property across the road at a future date would be considered an interceptor benefit to those properties. COUNCILMAN DUITSMAN MOVED TO APPROVE THE ASSESSMENT ROLL FOR THE INDUSTRIAL PARK SEWER LATERALS.. COUNCILMAN ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0. 10. Barrington Place Assessments - Public Hearing Mayor Hinkle indicated that the proposed assessment for the Barrington Place is contained entirely within Barrington Place, except for the Dietz property. Mr. Gary Santwire indicated that Mr. George Dietz had signed a petition for the im- provements agreeing to a $7,000 assessment, prior to the construction of the project. Mayor Hinkle then opened the public hearing. Councilman Duitsman questioned the process used in the development of the proposed assessment roll. Mr. Gary Santwire indicated that the project costs were assessed according to the appraised value of the property within the Barrington Place Planned Unit Development. Mr. Santwire further indicated that a per dwelling unit cost factor was used in determining the proposed assessment roll. Mr. Santwire further indicated that the single family lots have a higher value than the condo- minimum sites. Mr. Santwire indicated that the value of the improved land at the time of the sale was determined by both an independent appraiser and an FHA apprais- er. Mr. Santwire further indicated that the assessments on some of the parcels in the Planned Unit Development have been prepaid and therefore; are not included in the assessment roll. General discussion was carried on regarding acreage of the commercial lots and .value of the commercial lots compared to apartment building sites and single family sites. Mayor Hinkle asked what guarantee the City has that the assessments will .be paid. Mr. Gary Santwire discussed the amount of investment he has into the project and his intent to see that Barrington Place is a completed Planned Unit Development. COUNCILMAN DUITSMAN MOVED TO POSTPONE THE ADOPTION OF THE PROPOSED ASSESSMENT ROLL UNTIL FURTHERINFORMATION.COULD.BE OBTAINED REGARDING. THE METHOD OF ASSESSMENT. THE MOTION DIED FORLACKOFA SECOND. Further discussion was carried on regarding means of assessment on an appraised value of the property basis. Mayor Hinkle indicated that he felt the developer does have some right in the pro- posing of the means of assessing the project costs to the property. Councilman Duitsman indicated his concern that the larger amounts are assessed to the larger commercial lots and should those lots not be developed, the assessments may not be paid. Mr. Santwire indicated that the proposed assessments are lower than in the metro area and that this will be a benefit to the sale of the property in the Planned Unit Development. City Council Minutes Page Four October 18, 1982 COUNCILMAN ENGSTROM MOVED TO APPROVE THE PROPOSED ASSESSMENT ROLL FOR THE BARRING- TON PLACE IMPROVEMENTS. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 11. Parking on the North Side of the Tracks on Railroad Drive Councilman Toth indicated that the parking time limit signs have not been placed on the six spaces designated for time limit parking in the parking lot north of the railroad tracks. The Deputy City Clerk indicated that she would find out why the signs have not been placed on the six parking spaces. 12. Greenhead Acres 3rd Addition AssessmeIlts ':"Public Hearing Mayor Hinkle indicated that in the feasibility study for Greenhead Acres 3rd Ad- dition, it was proposed that the assessments be levied on a per lot basis, with each of the fifty-nine lots in the Greenhead Acres 3rd Addition assessed as equal portion of the total improvement costs. Mayor Hinkle further indicated that the per acre lot cost for Greenhead Acres 3rd Addition equals about $4,606.48 per lot. Mayor Hinkle opened the public hearing. Mr. Lloyd Anderson, developer of the Greenhead Acres 3rd Addition development, in- dicated that he did not have any objections to the proposed assessment roll. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PROPOSED ASSESSMENT ROLL FOR GREENHEAD ACRES 3RD ADDITION. COUNCILMAN TOTH SECONDED THE MOTION. THE MOTION PASSED 4-0. 13. Ridgewood East 2nd Addition Assessments- Public Hearing Mayor Hinkle indicated that the developer petitioned for the sewer lateral improve- ments in the Ridgewood East 2nd Addition. Mayor Hinkle further indicated that the proposed assessment for the Ridgewood East 2nd Addition is based upon an area assessment, inasmuch as the lots are of varying sizes and there are different zon- ing categories in the subdivision. Mayor Hinkle indicated that when the area form- ula is used, the cost per acre is $4,930.73. Mayor Hinkle opened the public hearing. No one appeared in opposition of the proposed assessment roll. COUNCILMAN DUITSMAN MOVED TO APPROVE THE PROPOSED ASSESSMENT ROLL FOR THE RIDGEWOOD EAST 2ND ADDITION. SEWER LATERAL PROJECT. COUNCILMAN.TOTH.SECONDED THE MOTION. THE MOTION PASSED 4-0. 14. Revenue Sharing Proposed Plan - Public Hearing Mayor Hinkle indicated that the federal requirement of the federal revenue sharing fund is to hold a public hearing for the proposed use of federal revenue sharing funds. Mayor Hinkle further indicated that the amount of funds anticipated to be received in 1983 is $45,153.00 Mayor Hinkle opened the public hearing. No one proposed comments for the use of the proposed federal revenue sharing funds. City Council Minutes Page Five October 18, 1982 General discussion was carried on regarding the use of revenue sharing funds in the past~ Councilman Duitsman recommended that the federal revenue sharing bt Hs~,,,fl)r the police department .' It was the general consensus or the City Council to recommend that federal revenue sharing funds be used in the police department budget for calendar year 1983. 15. CottrelliPizza Amusement Device License The Deputy City Clerk indicated that Linda Cottrell has applied for an amusement device license to operate three video games at Cottrelli's Pizza. The Deputy City Clerk further indicated that the City has investigated the Cottrelli license application and finds no problems in issuing the license requested to Cottrelli's Pizza. COUNCILMAN TOTH MOVED TO APPROVE AN AMUSEMENT DEVICE LICENSE TO OPERATE THREE VIDEO GAMES AT 404 JACKSON TO LINDA COTTRELL. COUNCILMAN DUITSMAN SECONDED THE MOTION. THE MOTION PASSED 4-0. 16. Check Register COUNCILMAN DUITSMAN MOVED TO APPROVE THE OCTOBER 18, 1982 CHECK REGISTER. COUNCIL- MAN ENGSTROM SECONDED THE MOTION. THE' MOTION' PASSED 4-0. 17. Tentative Agenda for Octobet25th, 1982 City Council Meeting The Walz Variance Request, an Amendment to the Zoning Ordinance Allowing Tempor- ary Mobile Homes for AgricultualUse, and the City Budget are all items tentatively scheduled for the October 25th, 1982 City Council meeting. There being no further business,COUNCILMAN'TOTH MOVED THAT THE MEETING BE ADJOURNED. COUNCILMAN SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. Respectfully submitted, Q-1;h;, ~~L Phyllis Boedigheimer Deputy City Clerk/Treasurer PB:dkk