07-07-2008 CCMMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, JULY 712008
Members 'resent: Mayor Unzing, CoundImembers Zerwas,, Farber, rn rey, a .d Mot
Members Absent: None
Staff Present: Citi' Administrator LoriJohnson., Finance Director Tim Simon, City
Attorney Peter Beck Public moors Director Terry Maurer, Economic
Development Director Cathy Ivlehelich., Parks and Recreation Director BiU
Maert , Com-mumity Development Directorjeff Go goU. IT Manager Bob
Pearson, ERlvfU Manager Bryan Adams, and Recording Secretary jentufer
Johnson
1. all Me tira o rder
P urs uant to due caE and notice thereof', the meeting of the Elk- River CIV C ouncil was called
to order at 6:30 p.m. by INlayor Klinzing.
Consider 07/07./2008,,Alzenda
Ms. Jo .n.son added a staff report ret esting a change M the location of the Fier"s Market.
et.
MOVED BY COUNCILMEMBER FARBERAND SECONDED BY
COUNCILMEMBER ZERWAS TO APPROVE THE AGENDA. MOTION
CARRIED -0.
J. Consideronsent A e da
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
CoUNC LMEM E E WA. TO A-PPROVE THE FOLLOWING CONSENT
AGENDA:
3... COUNCIL MINUTES
2 06/16/08 REGULAR
.2. CHECK REGISTER
3.3. RESOLUTION 08-47 APPROVING PLAT AND SPECIFICATIONS
AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE 2008
SEAL COAT IMPROVEMENT
3.4. CONTINUE NE MONITORING OLD CITY DUMP ON AN ANNUAL
BASIS UNTIL FUTURE PLANS FOR THE SITE ARE KNOWN OR No
VOLATILE A'T ORGANIC COMPOUNDS ARE DE'TEC'TED
3.5. RESOLUTION 08- A. .oVING VARLkNCE REQUEST BY SCOTT
oWLL, CASE NO. v -0 (APPEAL) AND ESTABLISHING
FINDINGS of FACT THEREFORE
MOTION CARRIED -0.
City Loundl Minutes
ly 7, 2008
Page
Ms. Johnson presented the staff report request by the City ofl.. River (Parks and
Recreation Department) for a General I lag permit for the Fa=ers Market to be moved
to the parking lot of Wes tbound Liquor.
MOVED BY CoUNCILMEMB R Z R A.S AND SECONDED
CoUNCILMEMB R FARBER TO A-PPROVE THE GENERAL PLANNING
PERMIT FOR THE FARMERS MARKET TO BE MOVED TO THE
WESTBOUND LIQUOR PARKING LOT, CASE NO. CP 08A8, WITH THE
FOLLOWING CONDITIONS:
1. THE MARKET IS A COMMUNITY EVENT" AND DOES No
REQUIRE A TRANSIENT LICENSE.
2, NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE
OR WALKING SURFACE.
. ALL APPLICABLE FIRE CODES SHALL BE MET.
4. IF TRAFFIC BECOMES A PROBLEM A.R I,�� THE SITE, THE
SALES AREA SHALL BE DEF'EAT'ED WITH A. BSER TO
RESTRICT TRAFFIC.
. THE SALES AREA SHALL BE MAINTAINED FREE of DEBRIS
AND KEPT IN AN ORDERLY CONDITION.
6. THE LOCATION of THE SALES AREA SHALL B
CONSISTENT WITH THE SUBMITTED SITE PLAN.
7. THE ADVERTISING BANNER SHALL BE REMOVED BY
SEPTEMBER 26,2008,
. A 24 -FOOT DRIVE LANE SHALL BE MAINTAINED AROUND
THE PARKING AREA.
MOTION CARRIED -0.
4. Opera e
No one appeaxed for Open r1d,:e,
.I. Swear.in Dori ffirds-,ffl as Police Officer
Folie Chief Jeff Beahen introduced Don BL'rdsall as a newly Wired police officer for die City.
Mayor Klinzing swore ua Officer BlydsaU.
. 2, Metalcraft Ind st al Revenue Bonds . b r'c c r
Ms. Mehehch presented the staff report,
lvIayor Klinzing opened the p bhc bearing. There being no one to speak to this issue, Mayor
Klinzing continued the public leaning to July 21, 2008.
MOVED BY CoUNCILAIE IB R ZERWAS AND SECONDED BY
CoUNCILMEMBER G MPHREY To CONTINUE THE PUBLIC HEARING
UNTIL JULY 21, 2008. MOTION CARRIED 5-0.
MOVED BY CoUNCILMEMB R ZERWAS AND SECONDED B
COUNCILMEMBER PARB R To ADOPT RESOLUTION 08-49 RECITING A
PROPOSAL FOR AN INDUST RLL DEVELOPMENT PROJECT AND
City Counc2 Nfinutes
July ,oo
'age
INDICATING PRELIMINARY INTENT TO ASSIST THE FINANCING OF
THE PROJECT PURSUANT TO MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT AND (METAL CRAFT PROJECT). MOTION CARRIED
5. .ituminou er r r r' a .ss s meat atinp-
Ir. Maurer presented the staff report and provided a background of overlay pro er ents
and why the city does these projects. The low bid, from Rum € er Contracting Company,
came m appro.x=ately 5% under the feasibility estate. Mr. Maurer recommended the
Council reduce the assessment rate per single fly residential unit from 51,963 to $1,500
which would be assessed at an mnte,rest rate of 4% over five years. Property owners wiU
receive an updated assessment sched .e in the mail if the reduction is approved.
Mayor I<3inmi g opened both the irnpro ~ement and assessment public hear gs.
Jerry McChesney, 1935 — 6 Lane, supports the improvement project due to the low bid
and that if not this year an overlay w -M be needed the near future.
Mark Olson, 18778 and 18784 Yankton Street, asked ques tons about the overlay itself, and
expressed concemsWith garbage trucks using the road.
. Ir. Maurer stated the o eday wiE be appro ►ately " thick and they wiU try, to maintain a
road Nvidth of 17'.
Jason Sendzik, 18712 Yankton Street, stated his road is currently gravel and expressed
emrzonmental concerns as here is a wetland in die area. . e asked about any impact drat
Paving ffiis road would have on drainage patterns, as well a the possibility of lengthening
the repayment period of the assessment.
Mr. Iaurer stated no reVlew by the DNIR is required to proceed With an overlay
improvement, and stated drainage partems should not worsen'With an overlay. He stated
Council may consider approving a longer period of time to repay the assessment, but that
property owners-%vould be pa3ing more interest.
Lou Aran Miller, 708 Auburn Place,, asked questions about -whether or not the City would
start mainta�. g the private roads in theB'arrington Place development.
Mr. Maurer stated the only roads that are receiving the overlayin this project are public
roads, and clarified that p ate ,roads would still need to continue to be maintained by the
development's assocla .on.
Robert Moore, 18692 Yankton Street, expressed concerns % `Ith trees near the roads and
opposed the overlay.
Dan Paulson, 558 Jefferson sane, asked about miUing the roads and could repairs be made
to current cracks on the street.
Ir. Maurer stated the contractor ffl n-�h so as to match the e sting concrete gybing.
Street Division -1 repair any bad areas.
City Lound Nautes
y i, 22008
Page
Mark Person, 1.3 2.6 — 189 Avenue, asked about the project's timeline, and asked about
gaps in the right--of-way and curbs. He is opposed to the overlay.
lIr. Maurer stated the project, i
Citi, Council _Nfinutes 'age
July 7, 008
Lr. Beck stated overlays are a i.prov exent project.
Ken Sinker, 18659 Zebulon Street, opposes this improvement and e --pressed concerns
with water run-off.
Dan lre se , 8593 Sonet Dnive, expressed co .cem "th run-off into storm sewers
and Like Orono, as well as the amount of time property owners were notified about the
public heaning. He also asked if the cost of putting asphalt on a grave road was more than
putting an overlay on an existing asphalt surface.
Nr. Maurer stated it isnot more expensive to put asphalt on gravel roads.
Amy Rassmusson, 182-5 Main Street, expressed concerns N lth hez roan having no outet,
and owns Ivo pieces of property, so she was assessed twice.
Mr. Maurer stated if property, owners Nvished to combine their parcels and provide proof
that the two lots are combmied as one lot, the City would g ate one of the assessments.
ts.
He explained the process of doing this.
Leonora Person, 1 6 � 189thAvenue, asked -what the process was to appeal the
improvement. She Likes the chi of a dirt road. She also feels asphalt is toxic. She stated
she opposes the improvement, and expressed concerns with garbage trues and a dead end
at the end of her ,roan.
I'vIr. Beck stated an objection in w-ritrng needs to be wed in this evening in order to
preserve a right to fe a la vsult, mi which notdcation to the City rust he made %Vim 30
dairs, and fed t,.h the court tin 10 days of that.
Heidi Anderson, 13800 — 189ffi Avenue, asked if overlaying a gravel road would increase
her property taxes.
Mr. Maurer stated there is no direct correlation that the assessment would Micrease hex
property taxes.
Dart Paulson, 558jefferson Lane, is opposes the overlay pro)e t and asked questions about
property taz.
Mr. Biorkman again approached the m1e and expressed his opposition to the project,
making g tax comparisons between Elly River and Otsego, and feels he's berg double -taxed
for this project. He also .reiterated that he felt this was a maintenance ance project, not a
improvement.
la #orBrim g closed the public heaming.
Cou.n�xhem r ur phxe asked howmany properties i Fid Camp oz needed gaps
.dried M at the end of their driveways. He stated he would like to have these gap s Effled as
part of the project without an extra cost to the property owmer. He also asked that an
en ixonrnental study be done show- hg ghat, if any, impacts this project may have on run-off
and the to city of asphalt to the environment.
Lr. Maurer stated he wasn't suxe how many driveways were in the Fifth Camp Cozy area.
He stated he U have staff in the e .v'ormental, division look into asphalt and its effect on
pity C o ci butes
July 7, 2008
Page
the en,vz' onment. He stated other en ronmenta.l concerns regarding Simonet Drive and
drainage mnto the lake is a matter that will continue on, whether or not the goad is tmproved.
Mr. 1\/, au.rer stated due to the age of the City, there are a number of ares where sto=
dramnage goes direcdy into Lake Orono and the Mississippi River. He stated he WM have the
environmental division on loo, into this.
Council coned that they felt the bid amount was reasonable. They expressed concern
%6th the economy, and stated this bid would probably be much higher is they chose to wait a
year or two to complete this project. They stated the time frame for notifying propel
owners may have seemed short but noted it was done following the statutory requirements.
Mr. Maurer re explained to property owners that have two parcels to contact the
Auditor/Treasurer"s office at Sherburne County Nv,thin 60 days to combine their properties
and eminate one assessment. Mr. Maurer stated one property o er, Roger and Cecilia
Hebeisen, PID #75-46-9-0330 and #75-130-4-302, submitter to the City, a copy of their
request to Sherbume County to combine their two tax parcels mito one. Mr. Laurer
recommended eEminadng one of their assessments with the adoption of the assessment roll.
MOVED BY CoUNCILMEMB .WAS AN -D SECON-DED BY
COLTNCILMEMBER FAR13ERTO REMOVE THE FOLLOWING
PROPERTIES WITHOUT DIRECT .ACCESS ONTO THE AFFECTED
STREETS:
• PIIS # 75-006-2102 8MISSISSIPPI RD NW (STORY)
• PID 75-496-0110, 18659 ZEBULON ST NW ALI; ERWO D EST)
(SINKLER)
ANIS REMOVE ONE of THE PROPERTIES of ROGER & CECELIA
H BEISEN FROM THE ASSESSMENT ROLL, PILE 75-462-0330 AND #75-130-
4302.
- 3 -
430x. MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER FARBER TO ALLOW REPAYMENT of THE
ASSESSMENT TO BE FIVE YEARS OR SEVEN YEARS. MOTION CRIED -
.
Ms. f ohnson asked residents to ubn t a request in wnting to the Finance Department i
they wish to extend repayment of the assessment to seven years.
A. Resolution Orderine lxnia.ro e ent
MOVER BY COUNCILMEMBER Mo 'IN AND SECONDED B
COUNCILMEMBER FARBER TO ADOPT RESOLUTION 08-50 ORDERING
THE IMPROVEMENT IN THE MATTER OF THE BITUMINOUS OVERLAY
IMPROVEMENT of 2005 WITH THE FOLLOWING CONDITION:
1. FILL IN GAPS AT THE ENDS of FIFTH CAMP COZY
DRINEW A. S.
MOTION COED 5-0.
B. Resolution Adopting Final Assessment RoH
City Councinutes
July 7, 2008
'age
MOVED BY COUNCILMEMBER FARBERAND SECONDED B
COUNCILMEMBER MOTIN To DENY THE APPEALS SUBMITTED BY THE
FOLLOWING PROPERTIES IN THE MATTER of THE BITUMINOUS
OVERLAY IMPROVEMENT of 2008 ON THE BASIS THAT THE BENEFIT
OF THE IMPROVEMENT EXCEEDS THE COST OF THE ASSESSMENT:
a PID # 7 -446-0 .0 � 606 JEFFERSON DANE (PRESIDENTIAL EST)
n PID # 75-465-0550 13002 IS VIEW D (WES OOD BD
a PID # 75-466-00403 18636 SIMONET DR (BEST* PT LK ORONO)
a PID # 75-466-0020,18660 SIMONET D (BEST PT ICK O ONO
a PID ## - 466-01 � 18621 SIMONET DR (BEST PT IKORONO)
PID # 75-466-0140 18603 SIMONET DR (BEST PT IK O o o
a PID # 75-466-0030, 18648 SIMON T DR (BEST PT LK O ONO
a PID # 7-466-02303 18679 SIMONET D (BEST PT LK o oNo
a PID # 7 -4 -00 0� 18604 SIMONET D(BEST PT LK ORONO)
a PID # 75-466-0130, x.8393 SIMONET D (BEST PT LK ORONO
a PID # 75-466-0170) 18629 SIMONET DR (BEST PT LK ORONO
a PID # 75-466-0120, 18353 SIMONET D (BEST PT LK ORONO
a PID # 73-466-0200,18663 SIMONET D (BEST PT LK ORONO
a PID # 75-466-01003 18565 SIMONET DR (BEST PT LK of No
a PID # 75-466-0180, 1$637 SIMONET D (BEST PT LK O ONO
a PID # 75-466-0090 18560 SIMO T DI (BEST PT LK o oNo
g PID # 73-466-0010 18670 SIMONET D (BEST PT LK O ONO
a PID # 75-466#007018386 SIMONET D BEST PT LK O ONO
a PID # 73-4 -0I90� 18645 SIMONET D (BEST PT LK O ONO
PID # 75-466-0060,18622 SIMONET D {BEST PT LK ORONO
a PID # 75-466-0150,18613 SIMON T DR BEST PT LK ORONO
0 PID # 75-449-0110) 708 AUBURN PL BARRINGTON PL PLT 3
2 PID # 75-462-0240 x.3726 -189TH AVENUE(FIFTH CAMP Com)
MOTION CARRIED -0.
MOVED BY COUNCILMEMBER BARBER AND SECONDED BY
COUNCILMEMBER MOTIN To ADOPT" RESOLUTION 08-51 ADOPTING
FINAL ASSESSMENT'` ROLL WITH THE CHANGES NOTED ABOVE IN THE
MATTER OF THE BITIMINO S OVERLAY IMPROVEMENT T oP 2008.
MOTION CARRIED -0.
C. Resolution , cc l Bids and Authon—m- ecu o . of Con a t
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COTJWCILM MBER FARBER To ADOPT RESOLUTION #08-52
PTI BID AND AU'T'HORIZING EXECUTION OF CONTRACT
IN THE MATTER of THE BITUMINOUS OVERLAY IMPROVEMENT
OF 2008. MOTION CARRIED -0.
The Council took a five mute br alc at 8:43 p.m.
5.4. Consider i s..Lor T-fia 10 i _
City council, INfinutes
July 7, 2008
Page 8
N1r. Maurer presented ted the staff report. He reconunended option C, which would aflo r the
City to contract With Conners to ins tall and mama t .n the Eghts along Ag way 10. He
stated Mr. Adams of Eli River Murn*cipal UdEties is In agreement with this option.
Council discussed the three types of lights, noting a wide grange price. They also agreed
they Wished to choose a light fixwre that would allow banners to be displayed. Mr. Maurer
commented here were many more sight styles to choose from then ghat Nvas presented in
the staff report.
Council agreed to aEow Connexus Energy to install. and maintain the Eg its along FEg way
10. Council agreed in concept with option C but wanted Leo Offerm= from Coanexus
Energy at the August work -session to discus styles and prices.
Consider Authoanon of Outdoor Plaza to Elk Riga er i ram
r'
Lr. Maertz presented the staff report.
Council discussed the change Mi porch type and locadon, and concern%Vlt patrons
forgetting to check out items before going to the outdoor plaza.
o n.cilmember Gumphrey had concerns -With the amount of money e -.ng spent on this
project.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
CoIJ TCILMMB R FARBER TO APPROVE A THORI ATION of
OUTDOOR PSA ADDITION TO LIBRARY AND AUTHORIZE
CONTRACTING WITH S`I`EVE"S ELK RIVER NURSERY FOR A TOTAL
$9:t519 AND AUTHORIZE THE PURCHASE of FOUR SETS of FABLES AND
CARS FOR APPROXIMATELY $2,000. MOTION COED 4.1.
o NCILMMB R GUMPHREY OPPOSED,
5-6. Eire Relief BeneEt Level & Actuarial Report
Ir. Simon presented the staff report. Paul Krueger from V= harden Associates reviewed
the report for the Council.
MOVED BY COUN TLMMB R FARBER AND SECONDED BY
oUNILMMB R GUMPHREY TO APPROVE No INCREASE IN THE
ELS. R.IFVER FIRE RELIES` ASSOCIATION IOI BENEFIT I VEPER YEAR of
SERVICE RICH WILL REMAIN AT $5,091 PER YEAR FOR 2009, AND
AUTHORIZE AYMENT of THE BUDGETED 2005 PENSION
CONTRIBUTION TO THE ASSOCIATION IN THE AMORT' of $30,000,
MOTION CASED 5-0.
5.7. _ . thor e tan's l for Gatewav Business Park- Prope �c
Ms. Johnsm presented the staff report. She stated N gell Appraisal c : Consulting would
have ars appraisal a z@a le by August 11 at a cost of $1,000.
NIs. Tvlehehch stated d -Lis appraisal would include the ea dare 60 acres.
City Lound Nfinutes
Daly 7., 2008
Page
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE HIRING AN APPRAISER TO
COMPLETE AN APPRAISAL of THE GATEWAY BUSINESS PARK
PROPERTY. MOTION CARRIED 5-0.
0. , Discuss —ouncil.Workses sWn Azendas
Ms. Johnson reviewed the upcor ng wor sessions, noting C undIrnernber Motin would
be absent from thejWy 14 worksession. It was decided to add on the discussion of the
I-Eghway to light poles to the August 11 work -session agenda.
Ms. Johnson recently received a proposal from the Boy's and Gixi"s Club. In its they
pro ided ,financial information about the Club as well as programming proposals to the City
for both 2008 and 2009. It was the consensus to have staff review tis information and
provide feedback to the Councfl before it be placed on a future agenda.
joint meeting ber een the Count and the EDA would be held on August 11 at 6
p.m. to discuss the appraisal results and direction for the Gateway Business Paxk
property.
Ms. Johnson responded to the Cound7s question about code enforcement. She
provided a cede enforcement update, stating most of the complaints received by the
officer were of long grass and junk in yards. She stated he is e:=emely busy
responding to residents and working W-1th property owners to bring their properties up to
code. A discussion of this wffl be placed on die September 8 worksession.
6. Other Business
'here was no other business,
Lound. dt;es
There were no council updates.
. Staff dates
. Starus of A c -tion Stens fro anua F and l�eb Counci Plan n `ox� shoos
Ms. Johnson discussed the stags of the action steps being ta.en by staff, and
e�,plalned many of the items were of an ori -going nature. She contimue to beep Council
up to date as sterns nave for-a,rd.
-Letter, to Car I ea.ler — date on the Fairgrounds Pro ems
Ms. Johnson provided information regrarding a car sale that took place at the
Sherburne County F=grounds a few weeks ago, and a let -ter to the City from local car sales
businesses opposLng such a sale. Ms. Johnson explained that the Cit was not made aware
of any sale, and due to stage statues, certain City ordinances do riot apply to the fairgrounds
property. She stated City staff requested that people concerned %Vitf acts -I les at the
fairgrounds call their County commissioner and the fair board. The Council agreed.
City Cound Nfinutes
July 7, 2008
Page 10
FIs. Johnson requested if council e bers were interested in attending the United Health
tour, it would be offered on July 14, at 4:00 p.m. Councilmembers Zerwas and Farber were
available to attend..
The Council recessed at 9:48 p.m. in order to go into a worl-session meetmg in
ppertown Conference Room.
Mayor KEnzing reconvened the meeting to order at 9:50 p.m.
.1. Bud et Discussion Ino nation Technolo
Mr. Simon and Mfr. Pearson presented an overn-iew of the IT budget, wEch includes
the City's data systems and voi