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06-28-2010 CCM SPECIAL• SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 28, 2010 Members Present: Mayor Klinzing, Councilmembers Zerwas, Westgaard, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, Finance Director Tim Simon, Accountant Lori Stich, Street Superintendent Phil Hals, Director of Economic Development Catherine Mehelich, and Recording Secretary Jennifer Johnson Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. 2. Consider 06/28/2010 Agenda MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION • CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES ^ 06/21/10 REGULAR ^ 06/21/10 CLOSED 3.2. CHECK REGISTER MOTION CARRIED 5-0. 4.1. Liquor License Renewals for American Legion Ms. Johnson presented the staff report. She stated staff from the American Legion had been in earlier in the day to Sherburne County to pay their first half property taxes. She recommended approval of their liquor licenses. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AMERICAN LEGION POST 112 LIQUOR LICENSES FOR ON SALE INTOXICATING AND SUNDAY INTOXICATING LIQUOR LICENSES. MOTION CARRIED 5-0. • City Council Minutes Page 2 June 28, ZO10 ----------------------------- 4.2. Main Street Pavement Rehabilitation Project, Improvement & Assessment Public Hearings A. Resolution Orderin the Im rovement • B. Resolution Adotiting Final Assessment Roll C. Resolution Accepting Bid and Authorizing Execution of Contract John Anderson, P.E. with BDM Consulting Engineers, presented the staff report and provided a PowerPoint presentation. He noted a correction on page 5 of the presentation and stated two properties should be removed as they were assessed in 2003. Mayor Klinzing stated she would combine both public hearings and opened both public hearings. Joe & Kara Homan, 1028 Main Street, presented council with photographs of a cement retaining wall in front of their property, stating the wall is on city property. The roots of an oak tree has grown into the wall and is causing the cement to split and become pushed out, causing a dangerous setting. Mr. Anderson stated this is out of the scope of this rehabilitation project, but after some discussion, it was decided to take a look at the wall during the project and obtain bids for cement work. Peggy Kaproth, 1305 Main Street, asked questions regarding the criteria for doing a full depth reclamation and whose decision it was to make. She stated there is an unused driveway on her property that the city actually uses to access sewer lines and requested that this driveway not be elinunated. • Jim MacGibbon, PID #75-409-0740, asked when the last reclamation had been completed on Main Street and asked if there were any guarantee how long this one would last and when the next assessment would occur. Mr. Anderson stated the last reclamation was done in 1988. He stated it would be hard to place a guarantee timeframe of how long this reclamation would last, but said approximately 20-30 years depending on use of the road. Mr. MacGibbon stated one of his lots is considered unbuildable. Mayor Klinzing stated he should provide a hand written note to the council indicating his objection to the assessment. Mr. MacGibbon provided council with his objection. George Valasquez, 1912 Main Street, asked questions regarding when the last assessment occurred and if some properties would be excluded from assessments. He had concerns with the use of the road by heavy trucks and wondered if there should be a weight limit. He requested a stop sign be placed at County Road 30 and Main Street to control speed. He also had concerns with neighbors who are on fixed incomes and who may not be able to attend tonight's meeting to express their thoughts. Mr. Anderson stated engineers do recognize the heavy use of the road and will use a thicker pavement section to accommodate the extra weight and traffic. He noted that stop signs generally don't help with speed control. He outlined the process that took place to notify and inform residents of a potential assessment, stating the city follows laws that are set forth by • the state. City Council Minutes June 28, 2010 Page 3 • Jenny Kotaska, 1237 Main Street, requested the council reduce the speed of Main Street to 25 mph as she is concerned with speeding heavy truck traffic. Brian Hub, 303 Proctor, asked if the thicker pavement would extend the roads life or help with heavy weights. He asked the council if the economy could be taken into consideration and not move ahead with this project. Mr. Anderson stated the thicker pavement supports heavier traffic. The life of pavement depends on the amount of traffic but should help extend the life of the road. He stated because of the economy, the City has received more competitive bids which in turn mean a reduced cost of assessment. Larry Toth, 813 Fawn Road, asked to explain how people can pay for the assessment. Mr. Anderson explained the process. Mayor Klinzing stated the council may choose to allow for up to seven years to pay for the assessment. Ms. Johnson stated that residents can apply for income eligibility deferrals for those that are senior citizens, disabled, and/or experience hardships. Ms. Homan asked how long the project will take. • Mr. Anderson stated they'll start the project after the Sherburne County Fair parade in mid- July and should allow for 4-6 weeks for the project to be completed. Mayor Klinzing closed the public hearing. Council discussed fixing the retaining wall and once it's determined it's on city property, to go out for bids to fix the wall. They also directed staff to talk with each homeowner regarding unused driveways and decide on a case by case basis whether or not to pave them. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE RESOLUTION 10-33 ORDERING THE IMPROVEMENT IN THE MATTER OF THE 2010 MAIN STREET PAVEMENT REHABILITATION PROJECT AS OUTLINED IN THE STAFF REPORT AS WELL AS FIX THE RETAINING WALL AT 1028 MAIN STREET AND ALLOW EITHER A 5 OR 7 YEAR REPAYMENT PLAN WITH AN INTEREST RATE OF 4.25%. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE RESOLUTION 10-34 ADOPTING THE FINAL ASSESSMENT ROLL IN THE MATTER OF THE 2010 MAIN STREET PAVEMENT REHABILITATION AS OUTLINED IN THE STAFF REPORT AND REMOVE PID 75-404-2335 (954 MAIN STREET) AND PID 75-408- 0160 (1004 MAIN STREET) AS THESE PROPERTIES WERE ASSESSED IN 2003. MOTION CARRIED 5-0. • MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE RESOLUTION 10-35 City Council Minutes June 28, 2010 Page 4 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE • MATTER OF THE 2010 MAIN STREET PAVEMENT REHABILITATION PROJECT AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO OBTAIN BIDS TO FIX THE RETAINING WALL AT 1028 MAIN STREET. MOTION CARRIED 5-0. Councilmember Motin asked if there was any idea how much it would cost to fix the retaining wall. Mr. Anderson stated the length of wall was approximately 450' including steps. He stated it would be hard to guess at this point what the cost would be. Ms. Johnson stated staff will confirm that wall is indeed on city property. Mayor Klinzing stated that bids for fixing the wall would need to be approved by the council before the work is completed. Mayor Klinzing recessed at 7:32 p.m. and reconvened the meeting at 7:37 p.m. Mayor Klinzing requested that item 4.4. be heard before item 4.3. 4.4. Dominium Corporation Request for Housing Revenue Bond for Dove Tree Apartments 11105 Lions Park Drivel -Public Hearing & Resolution Ms. Mehelich presented the staff report. She introduced Dominium Corporation • representatives Frank Hogan, Ryan Lunderby, and Mark Moorhouse. Mayor Klinzing opened the public hearing. Larry Toth, 831 Fawn Road, asked where these apartments were located. Ms. Mehelich explained the location of the apartment building. There being no one else to speak on the matter, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE RESOLUTION 10-3G APPROVING THE REQUEST BY DOMINIUM CORPORATION FOR HOUSING REVENUE BOND FOR DOVE TREE APARTMENTS AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0. 4.3. 2010 Street Overlay Improvement Project Improvement Public Hearing A. Resolution for Hearin on Proposed Assessment B. Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kevin Bittner and Justin Femrite of Bolten & Menk presented a PowerPoint presentation outlining the street overlay improvement project. City Council Minutes June 28, 2010 Page 5 Mayor K]inzing opened the public hearing. • David Ferguson, 19128 Industrial Blvd., is a business owner with a corner lot in the Industrial Park and disagreed with the method of assessing the industrial business owners. He suggested using a mixed formula based on splitting the cost in half and assessing half the cost based on lot frontage and per unit basis. He commented that other businesses use the road more than he does which would allow this type of formula to be fairer. He asked that a different method of calculating the assessment amount for industrial business owners be considered. Tim Gerber, 14234 - 202nd Avenue, presented the council with a petition signed by all but one property owners that live along 202nd Avenue. The petition requested the city council remove their neighborhood from the list of improvements due to the fact that they felt the road wasn't in bad shape to require complete overlay. They also didn't want to take on the financial burden of an assessment. He asked that the council delay the improvement for Z-4 years. The alligator cracking that is near the western edge of the street would be taken care of by the city street crew. Jean Keely, 14084 - 202nd Avenue, stated she is a 23 year resident of Elk River and also a city engineer for the City of Blaine. She stated the road has low traffic volume that is starting to show its age but asked if the city would wait a few years to improve it perhaps the economy would be better allowing residents to accept the financial burden this project would be. James Stenglein, 14199 - 202nd Avenue, agrees with the previous two residents but he works • in the industry and feels and 1 '/z" overlay isn't thick enough to be a worthwhile financial investment. He feels this improvement would only be like a band aid to cover a bigger problem. He requested the city not proceed with these improvements and wait a few more years in order to do a mill and overlay improvement. Bruce Hawkins, 20455 Smith Street, states the city changed the axel rate limit from 9 tons to 5 tons on Smith Street this past spring. He is concerned that the 9 ton axel rate was wrong from the start and the damage to the street is evident. He feels Smith Street would really benefit from some improvements but asked to keep the axel rate to 5 ton. Eric Waldoch, 20191 Vance Street, stated with good routine maintenance, his road would last another 4-5 years before needing an overlay. He asked questions regarding bituminous curbing. Mr. Bittmer stated each area would be evaluated to determine building up the curbing. George Wollenburg, 19646 Ulysses Street, stated he felt the road was in good shape and didn't feel the need to make any repairs at this time. John Bennett, 112 Elk Hills Drive, states the street department crews do a good job of year round maintenance of city roads. He asked if the width of the road will change should the improvements be made. He also asked what the city had planned for the future of Elk Lake Road and when would it become an east/west road. He doesn't want to pay twice for road improvements now if future plans are to make the road an east/west road. • Mayor Klinzing stated the council does have questions about the future of Elk Hills Drive and council will discuss that after the public hearing. City Council Minutes Page 6 June 28, 2010 Mr. Bittner stated the width of the road will not change as part of this project. • Matthew Mellenthin, 14148 - 202nd Avenue, requested the city not proceed with the improvements. Gary Juettner, 14120 - 202nd Avenue, requested the city not proceed with the improvements. Keith Quammen, 19823 Ulysses Street, asked how many times an overlay can be done on a road. Mr. Bittner stated the number of times an overlay can be place depends on how much room is available surrounding the street like driveways and landscape areas. Mr. Femrite stated the purpose of an overlay is to extend the life of the road without having to completely replace the road. Rick Kreuser, 232 Elk Hills Drive, thanked Mr. Femrite for his conversations earlier in the week. Mr. Kreuser stated he just wants this project done right. He agreed with the chart that was shown during the PowerPoint presentation showing that proper maintenance done over time extends the life of a road and keeps future assessment costs down. He asked who the construction manager would be for this project. He requested a mill edge at the end of the driveways. Councilmember Motin clarified that this project is different than the Main Street project. • Mr. Bittner stated that Bolten & Menk would be the construction manager for the improvement. Deb Hawkins, 20455 Smith Street, stated that County Road 33 to Twin Lakes Road has received very heavy dump truck traffic hauling fill for the past two years. She noted that this year, the road was changed from a 9 ton axel weight limit to 5 ton. She states the number of dump trucks and their speed was relentless and wonders why they can't use Highway 169, which could support the weight of the trucks. She feels this caused the damage to the road and requests that the road, if improved, be kept at a 5 ton road. Larry Toth, 813 Fawn, stated the three residential developments in this project aren't receiving the same type of work, but the costs are being equally applied to all neighborhoods. Mr. Bittner stated that history and the policy followed by previous projects are treated equally. The volume of work benefits all developments. Ms. Johnson stated the assessments follow a policy that the council adopted in 1988. Councilmember Zerwas stated the notion of an economy of scale could be applied to this situation, noting residents receive a cost break for ordering large volumes of materials and work and spreading out the cost lowers the total assessment. Eric Wolldoch asked why more neighborhoods weren't being done. City Council Minutes Page 7 June 28, 2010 • Ms. Johnson stated city street department staff drive the roads and determines what improvements are needed. Mr. Hals stated about 10 years ago, a pavement management program was put into place. Factors that are considered are the age of the street and the condition of the street. Tami Wolcenski, 910 Elk Lane, requested the city not proceed with the improvements. Leon Beaudty, 851 Fawn Road, asked if the council would be able to determine when Elk Hills Drive would become an east/west road and asked about future sewer and water improvements if that occurs. He also had concerns with water runoff in the past and wanted to avoid having the runoff return if improvements are made. Mayor Klinzing stated the new city engineer, Mr. Femrite, will look into any concerns with water runoff. She stated the council will comment on the future of Elk Hills Drive after the public hearing. David Berglund, 801 Fawn Road, asked why assessments exist. He felt they were a painful and annoying process. Mayor Klinzing stated it's been a city polity for a long time. She stated some cities handle it differently. The council could in the future consider handling them differently. Councilmember Motin stated this has been addressed in the past. He said it's a system of checks and balances. The assessment process is the residents' way to come forth and provide • their input about the improvements, and if the improvements are made, see the work being done. Mr. Berglund stated he would prefer to have his property taxes cover road improvements. Unknown resident living on 202nd requested the city not proceed with the improvements. Mayor Klitizing closed the public hearing. Councilmember Westgaard stated he felt the projects shouldn't be completed at this time. He drove some of the roads in question and didn't feel they needed the work done. He suggested the industrial park area improvements be paid for by the city as a way to bring businesses into the city. He noted the city can't afford to pay for these improvements and didn't feel making the residents pay for it would be fair. Councilmember Westgaard stated public input shows that they don't think this is the right time to do these improvements. He stated the difficulty determining the future of Elk Hills Drive, as in 10-15 years, there will be different council members making decisions. The council's intent with assessing is not to assess any one property owner more than once in 15-20 years. Councilmember Gumphrey stated the future of Elk Hills Drive does depend on a number of things. He stated the area is adjusting to a different traffic flow with the opening of 193~d Avenue but it's too soon to tell if Elk Hills Drive would be extended through. Councilrnember Zerwas stated he agreed with Councilmembers Westgaard and Gumphrey. He felt the caveat of this is that city street department staff recommends that these roads be • improved. The economy brings extremely competitive bidding and thereby lowering assessments. He noted the cost in the future will be higher. City Council Minutes June 28, 2010 Page 8 David Ferguson asked the council to reconsider making improvements to the industrial area • as the roads are in bad shape. Councilmember Motin stated he agreed with everything being said. He agreed that project costs will increase in the future. He asked if we wait to improve the roads, will it turn into a bigger project because the road is in worse shape. He agreed the industrial area improvements need to be done but to delay the residential areas for now. Mr. Bittner stated how difficult it is to catch streets at the right time to fix them. He stated the street superintendent chose the streets in the city that would benefit them the most. He noted the difficult position that the council is in to try and avoid assessing residents. Mayor Klinzing noted the roads in the city that really need the improvements, which were the Industrial Park areas and Smith Street. She stated the council needs to cautious of assessing residents during this economy but supports the assessment process. Ross Anderson, 20283 Vance Street, stated the development north of Vance Street only has one layer of bituminous and the road is breaking up. Council decided not to move forward with the 2010 Overlay Improvement as presented and directed staff to come back to the council with a recommendation on how to address the Industrial Park roads and Smith Street. 4.5. Debris Management Mutual Aid Policy Mr. Hals presented the staff report. Councilmember Motin stated the general concept of having a mutual aid policy for debris management was good. He asked if the neighboring townships and Met Council should be included. Mr. Hals stated he hadn't thought of these areas. He noted the city of Rogers didn't have a policy in place when their city was recently hit with a tornado. He felt that townships would probably appreciate being asked as they wouldn't have the bigger equipment that larger cities would have available. Councilmember Gumphrey stated it was a good idea to have this type of policy, noting it was similar to the Utilities policy. Councilmember Westgaard asked what an appropriate length of time for the policy. Councilmember Motin stated five years would probably be an appropriate length of time with a 30 day opt out with a written notice. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE DEBRIS MANAGEMENT MUTUAL AID POLICY AS OUTLINED IN THE STAFF REPORT FOR A FIVE YEAR LENGTH OF TIME, A 30 DAY OPT OUT WITH A WRITTEN NOTICE, AND LISTING ANOKA, WRIGHT, AND SHERBURNE COUNTIES AND TOWNSHIPS IN THE POLICY. MOTION CARRIED 5-0. • City Council Minutes June 28, 2010 Page 9 • 4.6. Maintenance Overlay C,~uotes Mr. Hals presented the staff report. He provided a handout which listed a summary of quotes that Staff had received from the following companies: 1) Midwest Asphalt Corporation - $54,455,50 2) Hardrives, Inc. - $49,953.50 3) Rum River Contracting Company - $36,030.28 Staff recommends approval of the lowest quote from Rum River Contracting in the amount of $36,030.28. Council discussed the four areas as outlined in the staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE MAINTENANCE OVERLAY QUOTES AS OUTLINED IN THE STAFF REPORT AND TO AWARD THE PROJECT TO RUM RIVER CONTRACTING FOR A BID AMOUNT OF $36,030.28. MOTION CARRIED 5-0. 4.7. Address Reimbursement Policv Ms. Johnson presented the staff report. Council changed page 2, under item 3a, to include the mailbox, and to reword #5 to say, "Reimbursement shall not be made for a property owner's or occupants time or labor • associated with correction an address error." MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE ADDRESS REIMBURSEMENT POLICY WITH THE ABOVE CHANGES MADE. MOTION CARRIED 5-0. 4.8. Discuss Council Worksession Agendas Ms. Johnson presented the staff report. Discussion regarding the public works master plan architect approval was added to the July 12 Worksession. Council recessed at 9:30 p.m. in order to go into a closed session. Closed Session to Discuss Purchase of Property per MN Statute 13D 05, Subd 3 (cl The following were present at this closed session: Mayor Stephanie Klinzing, Councilmembers Nick Zerwas, Jerry Gumphrey, Matt Westgaard, and Paul Motin, City Administrator Lori Johnson, Finance Director Tim Simon, and Senior Administrative Assistant Jennifer Johnson. Pursuant to due call and notice thereof, the closed meeting of the Elk River City Council was called to order at 9:39 p.m. by Mayor Klinzing. • City Council Minutes June 28, 2010 Page 10 The purpose of the closed meeting was to discuss offers relating to the city's possible • purchase of the following properties: 75-004-1100, 75-402-0021, and 75-402-0020. There being no further business, Mayor Klinzing adjourned the closed meeting at 9:55 p.m. 6. Reconvene Regular Council Meeting Mayor Klitizing reconvened the regular Council meeting at 9:57 p.m. 7. Consider Purchase of Property MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER WESTGAARD NOT TO PROCEED WITH THE PURCHASE OF THE FOLLOWING PROPERTIES: 75-004-1100, 75-402-0021, AND 75-402-0020. MOTION CARRIED 3-2 WITH COUNCILMEMBERS GUMPREHY AND MOTIN OPPOSING. 8. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:58 p.m. Minutes prepared by Jennifer Johnson. ``~-l~`,,,.---. Tina Allard, City Clerk Steph 'e Klinzing,`~dC~~~~ • r ~_~