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11-19-1979 CC MIN REGULAR SEMI-MONTHLY MEETING OF THE CITY COUNCIL OF ELK RIVER HELD IN THE ELK RIVER PUBLIC LIBRARY November 19, 1979 Members Present: Mayor Madsen, Councilmembers Duitsman, Engstrom, otto and Toth. Members Absent: None. 1. Meeting called to order at 7:30 p.m. by Mayor Madsen. 2. A~enda Item #12t, consideration of pay estimates for Meadowvale Oaks Subdivision and McChesney Industrial Park improvements, was added to the agenda. COUNCILMAN OTTO MOVED APPROVAL OF THE NOVEMBER 19 , 1 0/(9 , CITY COUNCIL AGENDA AS AMENDED. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASsED 4-0. 1 3. Minutes Councilman Engstrom indicated that the November 5, 1979, Council minutes were incorrect in Item #9 in that the vote should have been recorded as Councilman Engstrom opposed. COUNCILMAN DUITSMAN MOVED APPROVAL O...(F THE NOVEMBER. 5, l~;t CITY COUNCIL MINUTES AS CORRECTED. COUNCILMAN TOTH SECONDED THE MOTION. ION PASsED 4-0. 4. Open Mike No one appeared for this item. 5. Purchase of Police Squad Car The City Administrator reviewed various quotes received for Police vehicles from local car dealerships for the City Council and also reviewed the various factors considered in the City's analysis of which car to ultimately purchase. The Administrator indicated that mileage, safety, maneuverability, trunk and interior space had all been considered as well as the ultimate purchase price for the squad ears considered. In light of these factors and the price, the City Administrator recommended that the purchase of .. Ford LTD in the amount of $6,904.00 be authorized by the City Council. The Administrator indicated that the LTD had equivalent mileage ratings to the other cars considered and surpassed the other vehicles considered insofar as safety, maneuverability, and interior and trunk space was concerned. Sgt. Dube of the Elk River Police Department was also present and indicated that of all the vehicles reviewed and tested, the LTD was the superior vehicle in light of the use and needs anticipated by the Police Department. COUNCILMAN DUITSMAN MOVED TO TABIE ACTION ON THIS ITEM UNTIL THE NEXT CITY COUNCIL MEETING. COUNCILMAN ENGSTROM ~CONDED THE MOTION. MOTION PASSED 4-0. 6. Vacation of Quinn Street Mr. Jim Nystrom, representing the Elk River Methodist Church, and the architect retained by the Methodist Church were present to address the City Council re- garding the request for street vacation of Quinn Street between Main Street and 4th Street. Mr.- Nystrom and the church's architect reviewed the proposed structure and site requirements of a proposed addition for the Methodist Church which requires the vacation of Quinn Street for use of parking by the church members. Mr. Nystrom indicated that representatives of the Methodist Church had contacted the homeowner cm Quinn street adjacent to the church whose drive enters onto Quinn Street and made satisfactorily arrangements to the homeowner for the relocation of the driveway and movement of the .... . garage structure. Mr. Nystrom also indicated that appropriate plantings . and screening would be provided between the two residences on Quinn. Str.et and the church .parking lot 50 as to minimize inconvenience for the homeowners resulting. from the parking. Mr. Lloyd Anderson was. present. at . the Council meeting and indicated his concern over increased traffic on 4th Street as a result of closing Quinn Street and forcing automobiles normally traveling on Quinn Street to Main Street onto 4th Street. The residents in the area indicated a concern over bus traffic which currently travels over Quinn St. and which would be forced to go elsewhere. COUNCILMAN DUITSMAN MOVED TO TABLE THE MOTION UNTIL THE SCHOOL DISTRICT COULD Jj; (}ONTACTED REGARDING PRO~ WHICH MAY BE Ell'~lUENcED BY BUSSES UTm~Dftr.QUINN. ~h~ AT THIS TIME. COUNCILMAN ToTH SECONDEb THE MOTION. MOTION PAssED 4-.-6. ..' B. Heavenly Hills Subdivision The Administrator informed the City Council that a snow ploWing price had been arrived at by City staff and that the residents in Heavenly Hills Subdivision had been informed of this price. C. Sewer 'Rates The Administrator informed the City Council that a sewer rate increase would need to be considered for January 1, 1980 and that the City Council should consider this rate as soon as possible. It was the concensu.s of the City Council to consider the sewer rates at the committee meeting being conducted by the City Council on Monday, November 26, at 7:30 p.m. at the City Hall. D. Sewer Open House It was the concensus of the City Council that an open house of the' new Wastewater Treatment Plant be conducted on December 1, from 11:00 a.m. to 1:00 p.m. . November 19, 1979 Page 2 9. Meadowvale Oaks Assessment Hearing City Engineer, Jeff Roos, presented the final costs for the Meadowvale Oaks Subdivision to the City Council and a proposed assessment roll spreading the costs over three lots in Paradise Park and the 16 lots in the Meadowvale Oaks Subdivision. Mayor Madsen declared the assessment hearing open for anf indi- viduals present to comment on the assessment roll or question the City engineer or City Council. No one was present at the hearing and, as such, Mayor Madsen declared the hearing clOSed. COUNCILMAN TOTH MOVED APPROVAL OF THE ASSESSMENT ROLL AS PREPARED BY THE CITY ENGINElili IN THE TOTA. L AMOUNT OF $16253.02. OVER A ~N YEAR PERIOD AND AT ~ INTEREs. . · T. COlm. C.I~ DUITSMN SECO!!!!D THE MOTION. MOTION"'PmED 4:(5. 10. McChesney Industrial Park Assessment Hearing City Engineer, Jeff Roos, reviewed final costs incurred in the McChesney Indus- trial park improvement project and reviewed a proposed assessment roll spreading the cost over 9 lots in the McChesney Industrial Park and to property owned by Mrs. Shaffer on Meadowvale Road. Mayor Madsen declared the public hearing open and asked for any comments or questions from individuals present. No one present had any comments or questiops and, as such, Mayor Madsen declared the public hearing closed and confined the comments to the City Council. Councilman Toth asked the City engineer if the Shaffer assessment was based on the entire front footage for her Property on Meadowvale Road. Mr. Roos indicated that the assessment was based only on oneun1t and, as such, her front footage was not considered and she was given credit for the odd shaped lot which is currently occupied by Mrs. Shaffer. City engineer indicated further that equal benefit was being received by Mrs. Shaffer'S property and. Mr. McChesney's property so equal assessments were proposed. Councilman Toth proceeded to question the City Administrator regarding possible deferrments of assessments for Mrs. Shaffer. The CityAdministrator indicated that the Council had previously con- sidered a ten year deferrment period with three conditions for activation of the assessment including transfer of the title, sale of the land or hookup to the utilities. The Administrator also indicated that a senior citizen deferrment was permitted by State Statute and that Mrs. Shaffer would be eli- gible. COUNCILMAN OTTO MOVED TO APPROVE THE ASSESSMENT ROLL AS PREPARED IN THE TOTAL ~T OF $79,877.19 QVER A TEN YEAR PERIOD oATs,; IN'rE!,tEST, WITH THE OPTION FOR MRS.. SHAFFER TO DEFER ~SMENT FOR A TEN""YEIR PERIOD OF TIME AND IF SHE WISHED TO PREPAY THE ASsESSMENT 1",,1 f:l> DAY PERIOD TO PAY SAID ASSESSMENT INTEREST FRl5E. COUNCILMAN DUITSMAN SECONDED THE MOTION. MOTION PASSED W. 11. Peterson Addition Assessment Hearing City Engineer, Ivle Swanson, was present to make a presentation regarding the Peterson Addition assessments and the current project status. Mr. Swanson indi- cated that because of early cold weather, blacktopping of the roads in the Peterson Addition would be completed in the spring as would the construction of the rail signal crossing. All other work should be completed by the end of this calendar year. Mr. Swanson reviewed the costs incurred by the City for the street project and the rail crossing project and reviewed for all pre- sent the proposed individual assessments by parcel. The City Administrator indicated that the figure presented of $70,000.00 for the cost of the rail crossing should be increased by $1,000.00 to reflect the cost of acquisition of an easement required by the Burlington Northern Railroad for the crossing. Mr. Swanson indicated that the $1,000 additional cost would result in an increased cost of $5.00 per acre on each of the eligible units for the rail signal light crossing. Mayor Madsen declared the public hearing Open and asked any individuals present who had' comments ,to address the Council at this time. Mr. ,Cliff Lundberg addressed the City Council and indicated . ~~~ ~~;i;~.:-:t:~e ~:l t~at.::~=.i~b~~S::.~c~:~;t~t~ ... .... Council should consider,reserving a certain amount' of. the cost of the' pro- jectfor future assessments to additional property which may eventua1~ utilize the rail crossing. Mr. Lundberg also asked why therewa$ a dif;" ference in the assessment being shown at this meeting from that contained in the City Clerk's office prior to the meeting. The City Administrator indicated that the assessment roll as presented at this meeting was cOrrected to accurate~ reflect the City Council policy of not assessing farm land for the improvements in question and that farm land had" inadvertently been included in the assessment roll contained in the Clerk's office Prior to the hearing. Ms. Roberta Beauchane addressed the City Council a,.p.d indicated that since a blacktopped road would eventually link the two county roads in the vicinity, being County Road 32 and County Road 35, and since more people in the area would then benefit from the crossing, then those indi...; viduals should also be assessed for a portion of the cost of the rail crossing. Councilman otto indicated that the primary benefit of the crossing is" to the individuals in the area and, as such, they should be required to pay for the crossing and not the rest of the City. Mr. otto indicated that all other individuals in the City had to pay for streets and this subdi- vision should be no exception. Mr. Charles Christian addressed the Council and indicated he is in the process of platting a 40 acre parcel north of the Peterson Addition known as Davis Woods and that the proposed assess- ments may make the development of this parcel too expensive to be economical. Mr. Robert Fritz addressed the City Council and asked why- his property was incl~ded in the area proposed to be assessed inasmuch as he felt he had no . benefit from the rail crOSSing for which he is, propoSed to be assessed.' .. Mayor Madsen indicated that Mr. Fritz's property had been included in the area to be assessed because eventually traffic from any use estahlished,on the. property will be funneled through the rail crossing and, as such, the parcel will benefit. The City Administrator indicated that Mr. Fritz's parcel was also not in agricultural use and, as such, is not excluded as were other surrounding agricUltural properties. Mr. Wally Ohland addressed the City Council and indicated that he is opposed to the assessments .that he feele,he does not benefit from the improvements in.the,area'andhefeels that, in fact, he is penalized by having to drive further and maintain a . greater length of driveway than he currently now does. The City Administrator :indicated, to Mr. OhlaI)d, thlil.t the City would consider maintaining the con- necting roadway between Ogden Street' and' Mr. Ohland' s driveway;. it i Mr. . Ohland wished to pursue the matter. The Administrator indicated further' that' Mr. Ohland benefits from the assessment in that the crossing provides ..legal access to his property which otherwise would' be denied when' the Endsting private rail crossing was closed by the Burlington Northern Railroad. Mr. Gregg Pederson indicated that the Burlington Northern Railroad does have the right to close the existing private crossing and will do so if the pro- ject is not authorized. Councilman otto indicated that it is not too . late to cancel the City's contract with the railroad for the constrUction of the crossing and that unle$5 the residents decide now that they want the. crossing that it will be cancelled and the matter closed. The City Administrator also indicated to those present that the rail crossing serves two other pur- poses for the Peterson Addition residents and others benefiting. The crossing provides a safer means of traversing the railroad tracks as mucha.1S drop arms .'. and signal lights will be installed and, additionally, the rail crossing will' eventually provide for two means of access to the benefiting area if and November 19, 1979 Page 3 12. Xenia and 6th Street Assessment Hearing City Engineer, Lyle Swanson, reviewed final costs incurred in the Xenia Street and 6th Street improvement project with the City Council. Mr. Swanson also reviewed the method of assessment proposed for .the Xenia &: 6th Street improve- ment. Mr. Swanson indicated that the costs of the project had been assessed on the basis of 75% of total cost allocated to a front footage cost for each parcel and 25% of the total cost of the .project assessed on the basis of a per unit charge for each of the parcels benefiting. Mr. Swanson indicated that the outlot in the benefited area was not assessed a unit charge inasmuch as it is an unbuildable lot at this time. Mayor Madsen declared the public hearing open and asked any individuals present to address the Council at this time with comments regarding the assessments of Xenia and 6th Street improvements. Councilman otto indicated that he supported a combination of unit charge and front foo~i.ge assessments because of the number of odd shaped lots in the benefited area and the fact that all lots are receiving equal benefits from the construction of the road improvement. Mr. Mike Fleming and Ms. Tippy Johnson indicated that the,y were opposed to the assessment as proposed for their individual lots inas- much as the,y felt they did not benefit to the degree the,y were being assessed. There being no further comments, the Mayol' declared the public hearing closed. It was the concensus of the Council members that the assessment method combining front footage and unit assessments was indeed the most fair method fol' this particular project and that assessment based upon a 50% unit charge and 50% front footage charge was even more equitable than that Proposed by the City engineer. COONCILMAN ENGSTROM MOVED TO APPROVE THE ASSESSMENT ROLL AS PREPARED FOR XENIA T R 0 1 D 0 0 BE D UPON OF THE TOT L COST FRONT FooTA OF THE TOT L COST ES ON COONCILMAN DU THE MOTION. MOTION PASSED 4:...0. 12!. Pa ment Estimates for Meadowvale Oaks Subdivision and McChesn Industrial Park Su Vl.Sl.on 13. Check Re&ister COONCn..MAN DUITSMAN MOVED APPROVAL OF THE CHECK REGISTER. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 4-0. 14. Tentative Agenda Items tentatively to be discussed at the December 3, 1979, City Council meeting include purchase of Police squad cars, purchase of pickup trucks, vacation of Quinn Street. There being no further business, COUNCILMAN TOTH MOVED THE MEETING BE ADJOURNED. COUNCILMAN OTTO SECONDED THE K>TION. MOTION PASSED 4-0. . Respectfully Submitted, <57c:.~~ Robert C. Middaugh / City Administrator ReM: adb . .