02-23-2004 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER HIGH SCHOOL LITTLE THEATER
MONDAY, FEBRUARY 23, 2004
Members Present:
Members Absent:
Staff Present:
Mayor Klinzing, Councilmembers Dietz, Kuester, and Tveite
Councilmember Motin
City Administrator Pat I~aers, Director of Planning Michele McPherson,
City Engineer Terry Maurer, Street/Park Superintendent Phil Hals, Ice
Arena Manager Rich Czech, and City Clerk Joan Schmidt
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 I~inzing.
Consider 2/23/2004 Agenda
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER KUESTER TO APPROVE THE AGENDA AS
PRESENTED. MOTION CARRIED 4-0.
Consider Consent Agenda
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILEMBER KUESTER TO APPROVE THE FOLLOWING CONSENT
AGENDA:
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
COUNCIL MINUTES · 2/9/04 SPECIAL
· 2/9/04 REGULAR
· 2/17/04 REGULAR
CHECK REGISTER
AUTHORIZATION TO HIRE PAID ON CALL FIREFIGHTERS
CONSIDERATION OF TRANSIENT MERCHANT LICENSE FOR
SHIRLEY MADLAND
AUTHORIZATION TO PURCHASE BUILDING AND
ENVIRONMENTAL VEHICLE
RESOLUTION 04-11 TO APPROVE A PREMISES PERMIT FOR THE
ELK'S QUARTERBACK CLUB AND RESOLUTION 04-12 TO APPROVE
A PREMISES PERMIT FOR THE ELK RIVER YOUTH HOCKEY
ASSOCIATION
CONSIDERATION OF PUBLIC SAFETY FACILITY AND CITY
HALL/UTILITIES CHANGE ORDERS
PAY ESTIMATES
AUTHORIZATION TO PURCHASE POLICE EQUIPMENT.
MOTION CARRIED 4-0.
City Council Minutes
February 23, 2004
.............................
4. Open Mike
Page 2
Park and Recreation Commissioner Dave Anderson addressed the Council regarding the
Council approved funding for the cleaning of County Ditch #31. He stated that beginning
at the north boundary of Woodland Trails Park is a DNR protected tributary stream and he
was concerned as to what impact this cleaning would have on the stream and the park.
Mayor I~inzing stated that the only change in the county ditch cleaning procedure is that
this cost is assessed to the entire city; the county still cleans and maintains the ditches in Elk
River.
John Norgren, County Ditch Inspector from the county, stated that there was an error on
the protected water map, that this stream is not a protected tributary. The tributary starts at
the end of Ditch 31. He stated that the Council could wait regarding cleaning of the ditch,
however, the county would have to start the bid process over, the Council will have to
answer to the petitioners, and the cost could be more. He explained that the county is
allowed to clean out in a DNR area as long as the clean out is to the original depth and the
soils are left on the banks of the ditch.
Administration/Engineering
Boston/Concord Improvement Project-Presentation from Neighborhood Property Owners
Jack Longie, 12925 Mississippi Street, and Mike Gillis, 18286 Boston Street, expressed
concerns about the assessment amount for this project. They also stated that some
homeowners involved in this project have sold their homes. They saw a recent article in the
newspaper that the City had settled with resident Tina Roach who went through the appeal
process. They asked the Council to reconsider their assessment amounts.
Mayor I~inzing stated that the Council couldn't reconsider the assessment amount but that
Council could increase the amount of money that the City would pay towards this project.
Councilmember Dietz stated that a public hearing was held before the assessment hearing
and that Ms. Roach, in circulating a petition, couldn't find many neighbors against this
project. The majority of the neighborhood was in favor. He stated that all of the neighbors
could have filed an appeal. He stated that the City did try to find another project to team
with this project for cost savings.
It was the consensus of the Council to discuss this item again when all Councilmembers are
present and to have staff do research on options for Council consideration.
5.2 Acknowledge Receipt of Certificate of Commendation for Operation of WWTP
The City of Elk River will be the recipient of a Certificate of Commendation from the
Minnesota Pollution Control Agency for outstanding operation, maintenance and
management of the wastewater treatment system. This presentation will be on March 9,
2004 in St. Paul.
It was the consensus of the Council that a letter should be sent to Gary Leirmoe and his
staff congratulating them on this award and commending them on a job well done.
City Council Minutes
February 23, 2004
.............................
Page 3
5.3 Utilities Update
Councilmember Dietz provided an update on the February 10, 2004 Utilities Commission
meeting.
5.4 Park and Recreation Commission Update
Director of Planning Michele McPherson provided an update on the February 11, 2004 Park
and Recreation Commission meeting.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER TVEITE TO ADD $10,000 TO THE APPROVED 2004
PARKS CAPITAL IMPROVEMENT BUDGET FOR A BASKETBALL COURT
IN HIGHLANDS WEST PARK. MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER DIETZ TO AWARD THE CONTRACT TO BONESTROO
AND ASSOCIATES TO COMPLETE THE GREENWAY/NATURAL
RESOURCES INVENTORY FOR THE CITY OF ELK RIVER WITH THE
PROPOSAL AMENDED TO (1) INCLUDE A PARK AND RECREATION
FIELD TRIP WITH THE CONSULTANTS DURING THE FIELDWORK AND
(2) TO SHORTEN THE TIME FRAME FOR COMPLETION FROM
FEBRURAY 2005 TO OCTOBER 2004. THE COUNCIL CONTINGENCY
FUND WILL BE THE SOURCE OF FUNDING IN THE AMOUNT OF $33,430.
MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER KUESTER TO REJECT ALL BIDS FOR THE SKATE
PARK EQUIPMENT CONTRACT AND AUTHORIZE STAFF TO START THE
REBID FOR THE PROJECT. MOTION CARRIED 4-0.
5.5 Consider Petition Regarding Utility Extension
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER DIETZ TO TABLE CONSIDERATION OF A PETITION
RECEIVED FOR SEWER AND WATER SERVICES FOR THE AREA EAST OF
CLEVELAND STREET UNTIL MARCH 8, 2004. MOTION CARRIED 4-0.
It was the consensus of the Council to request a letter from the City Attorney in regards to
MS 15.99.
5.6 Consider Truck Purchase for the Street Department
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER TVEITE TO AUTHORIZE THE PURCHASE OF A
FREIGHTLINER, MODEL M2-106 TRUCK AND CHASSIS, THROUGH THE
STATE BID PROCESS FROM I-STATE TRUCK CENTER FOR A TOTAL
AMOUNT OF $58,139.41 WITH EQUIPMENT CERTIFICATES AS THE
SOURCE OF FUNDING. MOTION CARRIED 4-0.
City Council Minutes
February 23, 2004
.............................
Page 4
5.7
5.8
5.9
5.10
Consider Ice Arena Condenser and Backpressure Regulator Quotes Plus General Update on
Arena Activities
Ice Arena Manager Rich Czech provided an update on the arena activities and reviewed his
memo regarding the need for a new condenser and backpressure regulator at the Ice Arena.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER DIETZ TO AWARD THE BIDS TO COMMERCIAL
REFRIGERATION FOR THE PURCHASE OF A CONDENSER IN THE
AMOUNT OF $24,660 AND FOR THE PURCHASE OF A BACKPRESSURE
REGULATOR IN THE AMOUNT OF $2,213 TO BE USED AT THE ICE
ARENA. SOURCE OF FUNDING FOR THESE PRODUCTS WILL BE A 50-50
SPLIT BETWEEN THE LIQUOR STORE RESERVE AND THE NSP
RESERVE. MOTION CARRIED 4-0.
The City Administrator confirmed with the council that the Liquor Store reserve and the
NSP reserve are also the funding sources for the replacement of the Barn floor this spring.
Consider Resolution Ordering a Preliminaw Feasibility Report in the Matter of the
Bituminous Overlay Improvement of 2004
City Engineer Terry Maurer estimated that this bituminous overlay street project would be
assessed to the homeowners in the range of $1,500 to $2,000 per property. The streets in
this project are in the following plats: M-Vale Addition, Brentwood Addition, Heavenly
Hills, Fairhaven Hills Addition, Greenhead Acres 1st Addition, and Belgin Acres Addition.
Councilmember Tveite wished to have on the record that he lives in one of these areas.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER KUESTER TO APPROVE RESOLUTION 04-13
ORDERING A PRELIMINARY FEASIBLITY REPORT IN THE MATTER OF
THE BITUMINOUS OVERLAY IMPROVEMENT OF 2004. MOTION
CARRIED 4-0.
Consider Mn/DOT Partnership Contract
City Engineer Terry Maurer stated that this partnership contract would return the monies
paid by the City back to District 3 in Baxter as the City pays for those services. He stated it
is his understanding that the City's payment for services currently goes to the MnDOT
general fund and does not go back to the district where the services originate.
MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY
COUNCILMEMBER DIETZ TO TABLE THIS ITEM UNTIL THE CITY
ATTORNEY REVIEWS THIS CONTRACT AND REPORTS BACK TO
COUNCIL. MOTION CARRIED 4-0.
Consider Resolution Ordering a Prelimina~ Feasibility Report in the Matter of the Yankton
Street Improvements of 2004
City Council Minutes Page 5
February 23, 2004
.............................
At this public informational meeting, City Engineer Terry Maurer gave a presentation of the
proposed improvements to Yankton Street, summarized the project costs, and discussed the
method of assessment.
The following addressed the Council in opposition of this project: Jason Sendzik, 18712
Yankton St. N.W.; Robert Moore, 18692 Yankton St. N.W.; Pat Arnold, 18646 Yankton St.
N.W.; Diane Tyson, 18741 Yankton St. N.W.; Robert Doncaster, 18643 Yankton St. N.W.,
Mike Schwingle, 18741 Yankton St. N.W., Pat Taylor, 18695 %ebulon St. N.W.; and Sherle
Williams, 18655 %ebulon St. N.W.
The following addressed the Council in support of this project: Mark Olson, 18784 and
18778 Yankton St. N.W. Mr. Olson stated that he would like to see this existing road
widened so that it is passable for two cars. He stated that he is not asking for bituminous
paving, but repair to culverts, and the road brought up to code so that individuals can park
and turn around. He asked the Council to look at this project as a safety road improvement
problem and not an assessment problem.
Councilmember Dietz stated that 95% of the neighbors have indicated their desire to leave
this road the way it is so he wishes to leave this road alone.
Councilmember Tveite agreed with Councilmember Dietz. He stated that Mr. Olson could
take the initiative in regards to purchasing property and putting in his own turnaround (as
Mr. Olson had indicated earlier that he may pursue) but that he did not feel the Council
would aggressively seek widening this road.
City Engineer Terry Maurer will work with Mr. Olson and Street/Park Superintendent Phil
Hals to see if there is a solution available without doing harm to the environment. All the
neighbors in the audience indicated that they would like to be included in these meetings.
MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY
COUNCILMEMBER TVEITE THAT THE COUNCIL REVIEWED THE
POSSIBILITY OF ORDERING A PRELIMINARY FEASIBILITY REPORT IN
THE MATTER OF THE YANKTON STREET IMPROVEMENT AND
DETERMINED THAT AT THIS TIME IT IS NOT NECESSARY. MOTION
CARRIED 4-0.
The majority of the residents present spoke in opposition of this project.
5.11 Update on CR 44-City and County Staff Meeting
City Engineer Terry Maurer provided an update on the January 27, 2004 City/County
Engineering meeting.
5.12 Update On City Hall Remodeling Project
City Administrator Klaers provided an update on the City Hall Remodeling Project.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER DEITZ TO AUTHORIZE CITY HALL OFFICES BE
CLOSED FOR BUSINESS ON FRIDAY, MARCH 26, 2004 IN ORDER TO
FACILITATE THE STAFF MOVE. MOTION CARRIED 4-0.
City Council Minutes
February 23, 2004
.............................
Page 6
5.13
Review Council Meeting Schedule
City Administrator Klaers reviewed the proposed Council meeting schedule stating that the
date of March 22 for a joint meeting with HRA to discuss the Downtown Project would
need to be changed. It was the consensus of the Council to set the date of Wednesday,
March 17 for this joint meeting.
It was suggested by Councilmember Kuester that there may be some value in waiting on
joint meetings with the Boards and Commission and outside groups until after May 15.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER DIETZ TO CALL A SPECIAL MEETING FOR APRIL $,
2004 AT 6:30 P.M. FOR A DISCUSSION ON THE CITY ORGANIZATIONAL
STRUCTURE. MOTION CARRIED 4-0.
Other Business
Staff Updates
City Administrator Klaers distributed a letter from the Minnesota Housing Finance Agency.
Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 9:25 p.m.
Signature
Joan Schmidt
City Clerk