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09-09-1996 CC MIN - SPECIALSPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 9, 1996 Members Present: Members Absent: Staff Present: Mayor Duitsman, Councilmember Dietz, Scheel, Holmgren and Farber None Pat Klaers, City Administrator: Terry Maurer, City Engineer~ Peter Beck, City Attorney; Lori Johnson, Assistant City Administrator; Debbie Kleckner, Recording Secretary Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 5:00 p.m. by Mayor Duitsman. 2. Consider A.qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE 9/9/96 CITY COUNCIL AGENDA. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Aqenda After discussion of Item 3.6, COUNCILMEMBER SC:HEEL MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.8. 3.9. AUGUST 26, 1996, CITY COUNCIL MINUTES -- APPROVED CONSIDER TRANSIENT MERCHANT LICENSE FOR BRETT WOLFF - - APPROVED CONSIDER RESOLUTION AUTHORIZING EXECUTION OF SAFE AND SOBER GRANT -- APPROVED CONSIDER RESOLUTION DECERTIFYING TAX INCREMENT FINANCING DISTRICT NO. 13 -- APPROVED APPROVAL OF MINNESOTA MUNICIPAL UTILITIES ASSOCIATION SERVICES AGREEMENT FOR PARTICIPATION IN ITS REGIONAL SAFETY PROGRAM -- APPROVED REZONING ISSUE - COUNTY ROAD NO. 12/NO. 13 --APPROVED CONSIDER SCHEDULING PUBLIC HEARING FOR CLOSURE OF ELK TERRACE MOBILE PARK -- APPROVED CONSIDER INITIATING ORDINANCE AMENDMENT FOR KENNELS -- APPROVED CHECK REGISTER -- APPROVED COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Special City Council Meeting September 9, 1996 Page 2 9.2. Other Business 4.1. 4.2. 5.1. 5.2. It was the consensus of the Councilmembers to request that the City Attorney research an ordinance amendment to address noise nuisances such as loud stereo systems and "boom boxes". Plannin,cl Commission Interviews The following applicants were interviewed to fill the vacancy on the Planning Commission: Scott Brabec Thomas Mesich David Sheppard Park and Recreation Commission Interviews The following applicants were interviewed by the City Council for the two vacancies on the Park and Recreation Commission: John Kuester Tom Oilgenbach Ron Westrum Councilmember Holmgren was called out of the room for an personal emergency during the interviews for Tom Gilgenbach and Ron Westrum. Tim Gustafson did not appear for his scheduled interview. Consider Appointment to Planninq Commission COUNCILMEMBER DIETZ MOVED TO APPOINT TOM MESICH TO THE PLANNING COMMISSION TO FILL THE VACANCY CREATED BY TOM DILLON, WITH MR. MESICH'S TERM TO EXPIRE ON DECEMBER 31, 1997. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Appointments to Park and Recreation Commission The Councilmembers and Park and Recreation Commission Chair, Dana Anderson, discussed whether the number of Park and Recreation Commission members should remain at 8 or be reduced to 7. If was the consensus that the Park and Recreation Commission will continue to be comprised of 8 members. COUNClLMEMBER HOLMGREN MOVED TO APPOINT JOHN KUESTER TO SERVE ON THE PARK AND RECREATION COMMISSION, TO FILL THE VACANCY CREATED BY THE RESIGNATION OF SHAWN DONAIS, WITH THE REMAINDER OF THE TERM TO EXPIRE ON DECEMBER 31, 1997. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO APPOINT RON WESTRUM TO SERVE ON THE PARK AND RECREATION COMMISSION, TO FILL THE VACANCY CREATED BY THE Special City Council Meeting September 9, 1996 Page 3 7.1. RESIGNATION OF ROBIN Tu'n'LE, WITH THE REMAINDER OF THE TERM TO EXPIRE ON DECEMBER 31, 1997. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1-1. COUNCILMEMBER DIETZ OPPOSED. COUNCILMEMBER HOLMGREN ABSTAINED, AS HE WAS NOT PRESENT DURING THE INTERVIEWS OF THE TWO OTHER APPLICANTS. It was the consensus of the Councilmembers to send letters to the other applicants, advising them that terms for 2 members on both the Planning Commission and Park and Recreation Commission will expire on December 31, 1997. Recess Mayor Duitsman called for a recess at 6:45 p.m. for the scheduled Economic Development Authority meeting. The Elk River City Council meeting reconvened at 7:50 p.m. Public Hearinq and Assessment Hearinq to Consider Overlay Project and Assessments for Riverview Heights Project City Engineer Terry Maurer explained that the public hearing and assessment hearing for the overlay improvement are both being held this evening in order to complete construction this year. The project consists of a 2" overlay on the following streets within the Riverview Heights 1st, 2nd and 3rd Additions, Grandview Addition, and Palmer Addition: Mississippi Road Naples Street Riverview Drive 179th Avenue 178th Avenue Rawlins Sunrise Circle Queen Street Terry Maurer explained that staff has recommended Macon Street (Grandview 2nd) and Riverview Drive be excluded from the project in anticipation that at some point during the life of the overlay, the developer of Country Crossing 3rd Addition will petition for city sewer and water. The properties included in the project will be assessed $1,300 per unit at 8% interest over 5 years. The assessment can be paid in full with no interest if it is paid before December 1, 1996. Terry Maurer noted he has received no formal notice of objection to the proposed assessment. Terry indicated Mr. Jim Simpson, Riverview Drive, has advised him that although Mr. Simpson owns two parcels, one of the parcels is not a buildable lot and staff recommends Mr. Simpson be assessed for one unit only. City Attorney, Peter Beck, advised anyone wishing to object to the proposed assessment must file a written objection with the City Clerk tonight, and commence a formal objection with the State District court within 30 days. Mayor Duitsman opened the public hearing. David Raymond, 13686 Riverview Drive, questioned how long the overlay would last. He felt the existing roadway was a poor foundation for the overlay. Terry Special CiW Council Meeting September 9, 1996 Page 4 7.2. Maurer explained the life of the overlay will depend on the volume of heavy vehicle traffic, but the typical life is 7 Years. Phil Hals felt it may be longer than 7 years with standard sealcoating and maintenance. Donovan Goossen, 18034 Sunrise Circle, expressed his objection to being assessed for the three vacant parcels he owns adjacent to his home. Mr. Goossen questioned if the City has an assessor who determines benefit for assessments. Terry Maurer stated that the city has a history of doing projects such as this year after year and the city does not obtain appraisals. Peter Beck explained the constitutional standard is that the property must be benefited by the amount of the assessment. Peter advised him of the procedure to file an objection. Discussion followed regarding the possibility of combining the parcels. Staff advised Mr. Goossen if he wished to combine the parcels he may wish to do so by mid-November, before the assessment is certified to Sherburne County. At that time, the assessment would be re-evaluated. Mr. Goossen was advised if he later wishes to split the parcels, he would be assessed for the improvement at that time. Mr. Goossen indicated he will contact an attorney for advice regarding whether or not to split the parcels. Mayor Duitsman advised Mr. Goossen he may wish to file a written objection tonight in order to preserve his right to appeal the assessment. Mr. Ooossen submitted a formal, written objection to the assessments. There being no further comments from the public, Mayor Duitsman closed the public hearing. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-75, A RESOLUTION ORDERING THE 1996 RIVERVlEW HEIGHTS AREA OVERLAY IMPROVEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-76, A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR THE 1996 RIVERVIEW HEIGHTS AREA OVERLAY IMPROVEMENT, WITH THE EXCEPTION THAT THE UNBUILDABLE PARCEL OWNED BY JIM SIMPSON BE REMOVED FROM THE ASSESSMENT ROLL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-77, A RESOLUTION ACCEPTING BID OF BAUERLY BROTHERS, INC. AND AUTHORIZING EXECUTION OF CONTRACT IN THE MA'ri'ER OF THE 1996 RIVERVIEW HEIGHTS AREA OVERLAY IMPROVEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Joplin/TH 10 Intersection and North Frontaqe Road Improvements Construction Bid - Consider Awardinq Project COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-78, A RESOLUTION ACCEPTING BID OF BAUERLY BROTHERS, INC. IN THE AMOUNT OF $666,711.10, AND AUTHORIZING EXECUTION OF CONTRACT IN THE MA'rl'ER OF THE JOPLIN STREET/TH 10 INTERSECTION AND NORTH FRONTAGE ROAD IMPROVEMENT OF 1996, CONTINGENT UPON WRII'rEN CONCURRENCE FROM MNDOT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Special City Council Meeting September 9, 1996 Page 5 9.1. 9.3. 9.4. 9.5. Consider City Council Padicipation in Elk River Homecomin,q Parade All the Councilmembers expressed their intent to participate in the 1996 Elk River Homecoming Parade. Westwood Area Sewer Availability COUNCILMEMBER DIETZ MOVED TO AUTHORIZE STAFF TO MAIL CERTIFIED LEI'I'ERS TO PROPERTY OWNERS IN THE WESTWOOD SUBDIVISION WHO HAVE NOT HOOKED UP TO CITY SEWER, THAT THEY MUST BE HOOKED UP OR HAVE PAID THE 51,300 SEWER AVAILABILITY CHARGES BY OCTOBER 1, 1996. THOSE PROPERTY OWNERS WHO HAVE NOT MADE ARRANGEMENTS WITH THE CITY TO HOOKUP OR PAY THE FEE BY OCTOBER 1, 1996, WILL BE NOTIFIED THE PAYMENT IS OVERDUE AND WILL BE CERTIFIED TO SHERBURNE COUNTY. THE ENTIRE AMOUNT OF $1,300 WILL BE ASSESSED ON THE PROPERTY OWNER'S NEXT YEAR'S TAX STATEMENT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Attorney will present the Council with some minor ordinance amendments which will clarify this process. Nuisance Issues It was the consensus of the Councilmembers that Peter Beck draft an ordinance amendment for their review which addresses nuisances such as lawns not being mowed and snow removal issues which would allow the city the authority to declare the nuisance, issue a citation, go in and do the necessary work, and then assess the property owner for the costs. Main Street Dam Brid.qe Peter Beck indicated that in researching the issue of whether or not a fence should be placed above the concrete wall on the south side of the Orono Dam Bridge, it is his opinion the city would not have any more or less liability if a fence was installed or not. He felt this issue would be a discretionary decision of the City Council. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO RESEARCH THE COST OF PLACING SOME TYPE OF COLORED FENCING, APPROXIMATELY 3 - 4 FEET IN HEIGHT, ABOVE THE EXISTING CONCRETE BARRIER ON THE SOUTH SIDE OF THE ORONO DAM BRIDGE, TO ADDRESS SAFETY CONCERNS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-2. MAYOR DUITSMAN AND COUNCILMEMBER DIETZ OPPOSED. Continue Discussion on 1997 Bud.qet The City Administrator and Assistant City Administrator discussed the budget issues that need to be reviewed by the City Council in order for the proposed maximum levy and budget is to be approved prior to the September 16, 1996, deadline. The September 4, 1996, memo from the City Administrator to the City Council regarding the 1997 budget was reviewed. The Council reviewed the personnel issues associated with the 1997 budget and the amount of funds available for Special City Council Meeting September 9, 1996 Page 6 wage adjustments and new employees. The list of options for budget adjustments in order to eliminate the current $75,400 gap was reviewed. Debate took place regarding the need to adjust the budget by up to another $87,700 in order to achieve a city tax rate increase of less than 3 percent. The Council indicated a consensus that the city should set the tax levy at the amount proposed on 8/26/96 with the understanding that it cou!d be reduced in December if a smaller tax rate increase is deemed appropriate. The Mayor reviewed his concerns regarding economic development and the need to establish a city development fund to help in the industrial economic development area. The Council requested another budget worksession to be set up for November 24, 1996, prior to the Truth in Taxation public hearings on the budget. It is anticipated that the $75,400 in budget adjustments would be made at that time and discussion would take place regarding any potential city tax rate change. The 1997 HRA tax levy resolution, the 1997 EDA tax levy resolution, and the debt service levy adjustments were distributed to the City Council. COUNCILMEMBER FARBER MOVED TO CALL A CITY TRUTH IN TAXATION PUBLIC HEARING FOR REVIEW OF THE PROPOSED 1997 TAX LEVY AND BUDGET FOR DECEMBER 2, 1996, WITH A CONTINUATION DATE OF DECEMBER 16, 1996. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-80, ARESOLUTtON APPROVING THE 1997 TAX LEVY FOR ECONOMIC DEVELOPMENT PURPOSES FOR THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY. COUNCILMEMBER $CHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-79, A RESOLUTION APPROVING THE HOUSING AND REDEVELOPMENT AUTHORITY 1977 TAX LEVY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADJUST THE DEBT LEVIES AS RECOMMENDED BY ASSISTANT CITY ADMINISTRATOR LORI JOHNSON. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 96-81, A RESOLUTION AUTHORIZING THE PROPOSED MAXIMUM TAX LEVY FOR CALENDAR YEAR 1997. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator reviewed some of the capital improvement program activities that have been moving forward in 1996. The administrator reviewed the need for the city to identify its source of funds for the contribution to the ice arena project, Jhe need to identify the source of funds for ti~e city's contribution to the construction of the youth recreation fields on the Cass property, and the finances of the liquor store as it relates to the pending needs for a new Northbound store and a Westbound site. After discussion on these issues, the Council requested that these items be brought back for further review on November 24, 1996. The administrator noted that he would also be planning to discuss the city fee schedule at that meeting as directed by the City Council last year. Finally, the administrator noted that it may be appropriate to discuss the surface water management program prior to this November 24 meeting in order Special City Council Meeting September 9, 1996 Page 7 to ensure that the appropriate resolutions are prepared and adopted before the end of the calendar year. 9. ~djournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The special meeting of the Elk River City Council was adjourned at approximately 8:40 p.m. Debbie Kleckner, Recording Secretary Patrick D. Klaers, City Administrator