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06-04-2001 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 4, 2001 Members Present: Members Absent: Staff Present: Mayor KJinzing, Councilmembers Dietz, Kuester, Motin, and Tveite None City Administrator Pat Klaers, City Engineer Terry Maurer, Building and Zoning Administrator Stephen Rohlf, Street Superintendent Phil Hals, Fire Chief Bruce West, Police Chief Tom Zerwas, Utilities Superintendent Bryan Adams and City Clerk Sandra Peine Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Klinzing. Consider 6/4/2001 Agenda The following items were added to the agenda: 4.8. Water Service Work 4.9. Assistant Cable TV Producer 9A. Carol Mills Retirement Program 9B. Council Photos COUNCILMEMBER KUESTER MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBERTVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Consent Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.3. 3.4. 3.5. 5/21/2001 CITY COUNCIL MINUTES -APPROVED TEMPORARY ON SALE BEER LICENSE FOR ELK RIVER AREA CHAMBER OF COMMERCE - FOURTH OF JULY CELEBRATION - APPROVED THERAPEUTIC MASSAGE LICENSE FOR MELANIE LUNDBERG - APPROVED HIRE KRISTI BONIN AT $9.27 PER HOUR TO JOB SHARE THE SENIOR CENTER ASSISTANT POSITION - APPROVED REQUEST TO PURCHASE AN AUTOMATED RETRACTABLE TARP SYSTEM FOR APPROXIMATELY $1,500 - APPROVED COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes June 4, 2001 4.1. Authorization to Purchase Fire Pumper Apparatus Page 2 Bruce West informed the Council that two bids were received for the Fire Truck Pumper. The Fire Chief recommended that the Council purchase a Fire Truck from the low bidder, Pierce Manufacturing at ~g249,975.00. He noted that the truck committee reviewed the bid to ensure that all specifications were met. COUNCILMEMBER TVEITE MOVED TO ACCEPT THE LOW BID OF PEIRCE MANUFACTURING AT $249,975 FOR A FIRE DEPARTMENT PUMPER. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED. COUNCILMEMBER MOTIN MOVED THAT THE FUNDS FROM THE 1989 FIRE EQUIPMENT BOND FUND BALANCE BE APPLIED TO THE PURCHASE OF THE FIRE PUMPER. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Authorization to Hire Part Underground Utility Facility Inspector Fire Chief Bruce West requested Council authorization to hire two part-time seasonal employees as underground utility facility inspectors. He noted that two firefighters, Jeremy Collins and Rob Dreissig, have applied for the position. It is recommended that the salary for the positions be paid for from the right-of-way permit revenues. The need for this position is to ensure compliance of the Gopher State One Calls rules and regulations for underground utility construction. COUNCILMEMBER TVEITE MOVED TO HIRE JEREMY COLLINS AND ROB DREISSIG AS TEMPORARY SEASONAL, PART-TIME UTILITY INSPECTORS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.3. Authorization to Hire Police Officer Chief of Police Tom %erwas informed the Council that selection process for the police officer position vacated by Officer Musatov has been completed. Chief Zerwas requested Council authorization to hire Joseph Gacke. COUNCILMEMBER MOTIN MOVED TO MAKE A CONDITIONAL OFFER TO HIRE JOSEPH GACKE AS A POLICE OFFICER AT AN ENTRY LEVEL SALARY. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4. Update on DARE Program Chief of Police Tom Zerwas updated the Council on the discussion regarding the effectiveness of the DARE program. He noted that DARE American decided to change the curriculum, however, it could take up to five years before information is gathered as to how the new curriculum will impact the students. Chief Zerwas noted that he has recommended an optional program called Project Alert to the School District and requested authorization to implement the program. City Council Minutes Page 3 June 4, 2001 COUNCILMEMBER MOTIN MOVED TO SUSPEND THE DARE PROGRAM INDEFINITELY AND TO WORK COLLABERATIVELY WITH THE ELK RIVER AREA SCHOOL DISTRICT IN IMPLEMENTING PROJECT ALERT. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5. Request to Approve Resolution for the Exercise of Powers Under Minnesota Statutes, Chapter 453 Respecting a Certain Electric Power Generation Project Utilities General Manager Bryan Adams explained the proposed Landfill Gas to electrical energy project at the Elk River Landfill. He noted that Elk River Municipal Utilities, in partnership with Sherbume County and Waste Management, are proposing to expand the Landfill Gas project. Mr. Adams noted that in order for the project to move forward, the Council must adopt a resolution approving the exercise of powers under Minnesota Statutes. He noted that the Utilities Commission recently adopted the same resolution. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 01-31 APPROVING THE EXERCISE OF POWERS UNDER MINNESOTA STATUTES, CHAPTER 453, RESPECTING A CERTAIN ELECTRIC POWER GENERATION PROJECT. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.6. Mosquito Control Update Building and Zoning Administrator Steve Rohlf indicated that he has received several complaints regarding mosquito control and that the Council requested him to research a possible solution. Steve discussed the issues relating to mosquito control and several possible solutions. Steve explained how the Metropolitan Mosquito Control District operates and what areas it covers. Steve also discussed the environmental effects of mosquito control. Steve Rohlf reviewed three possible solutions which included private mosquito control, city mosquito control, and mosquito control application through the Department of Agriculture. The Council discussed the cost and liability of these methods and the effectiveness of the applications. Much discussion was held regarding the city doing its own control, but it was decided that a comprehensive and strict policy would have to be adopted prior to this program taking effect. It was also noted that money would have to be budgeted for any type of program. The Council indicated it was willing to further research this issue, but that it would like citizen input prior to spending the money. Mayor ICJinzing indicated that she would like to see cost figures for this type of project presented during budget discussions. Steve suggested that it would be best if Sherbume County became part of the Metropolitan Mosquito Control District. The Council concurred that this would be the best solution. Heidi Lender, 13536 196~h Ave NW - The entire neighborhood is willing to spend money to control the mosquitoes. This is a big issue for a lot of people. COUNCILMEMBER MOTIN MOVED THAT THE CITY COUNCIL STRONGLY ENCOURAGE THE SHERBURNE COUNTY BOARD TO JOIN THE METROPOLITAN MOSQUITO CONTROL DISTRICT. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 4 June 4, 2001 It was the consensus of the Council to continue researching the issue and to attempt to get public input at an informational meeting. It was also noted that it was too late in the season to implement a solution this year. 4.7. Westwood Subdivision - Update on Sewer Service Line Problem Terry Maurer updated the Council with the background of the McGarthwaite sewer issue located at 18829 Albany Street. He indicated that staff is recommending that the City correct the situation and assess the cost to the property. He noted that staff does not believe the problem was created by the City and therefore does not feel the City is responsible to pay for the correction. Mr. Maurer noted that doing so would set a precedent. Diane McGarthwaite, property owner, indicated she did not feel the city would be setting a precedent by correcting the situation. Ms. McGarthwaite suggested that in the future a warranty be set to cover homeowners from this type of problem in the future. COUNCILMEMBER DIETZ MOVED THAT THE CITY HIRE A CONTRACTOR TO FIX THE PROBLEM AND TO ASSESS THE HOMEOWNER OVER A FIVE-YEAR PERIOD AT 1% INTEREST. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.8. Water Service Line Issue Pat KJaers noted that there recently was a water main break near Proctor and 4m Avenue. The Utilities authorized the repair, but after it was dug up it turned out to be the service line, not the water main. Mr. KJaers noted that staff informed the property owner that the cost of the repair could be assessed against the property. Bryan Adams talked about a policy that would allow the Utilities to take on the responsibility to repair similar situations and to assess the repair. Pat KJaers concurred that this is something the City should discuss along with the Utilities Department. COUNCILMEMBER TVEITE MOVED TO ASSESS THE SERVICE LINE REPAIR TO MR. MATTHEW HICKS AT A REASONABLE INTEREST RATE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council concurred that this issue should be discussed and a policy developed. 4.9. Consider Hiring Assistant Cable TV Producer Aaron Shoemaker The City Clerk requested authorization to hire Aaron Shoemaker as the City's Assistant Cable TV Producer. COUNCILMEMBER MOTIN MOVED TO HIRE AARON SHUMAKER EFFECTIVE JUNE 11, 2001, AS ASSISTANT CABLE TV PRODUCER AT $10 PER HOUR, 20 HOURS PER WEEK. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for Open Mike. City Council Minutes Page 5 June 4, 2001 6.1. Request by Phoenix Enterprises for Final Plat Approval ,(I'win Lake Townhomes 2'~*~ Add.) Case No. P 01-04 Terry Maurer reviewed the staff report on this issue. Staff is recommending approval. COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 01-32 APPROVING THE FINAL PLAT OF TWIN LAKE TOWNHOMES 2s~) ADDITION, CASE NO. P 01-04 WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF PLAT APPROVAL. THAT THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO RECORDING OF THE FINAL PLAT. THAT AN ACCESS PERMIT BE OBTAINED FROM SHERBURNE COUNTY FOR CONSTRUCTION OF THE PROPOSED ACCESS TO COUNTY ROAD NO. 13 PRIOR TO CONSTRUCTION. SURFACE WATER MANAGEMENT FEES BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT, PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. PARK DEDICATION AND TRAIL FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 6. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE FINAL PLAT AND SITE PLAN. 7. THAT ALL LANDSCAPED AREAS BE IRRIGATED. THAT THE WETLAND FILLING BE APPROVED PRIOR TO FINAL PLAT AND COMPLY WITH THE RECOMMENDATIONS OF THE TECHNICAL EVALUATION PANEL. 9. THAT THE DEVELOPER OBTAINS WRITTEN APPROVAL FROM THE UTILITY TO GRADE IN THE GAS LINE EASEMENT. 10. THAT ANY PROPOSED DEVELOPMENT SIGNS BE SHOWN ON THE DEVELOPMENT PLAN AND THAT A SIGN PERMIT BE OBTAINED FROM THE CITY PRIOR TO INSTALLATION OF ANY SIGNS. 11. THAT THE PRIVATE ROAD BE RESTRICTED TO PARKING ON ONE SIDE OF THE STREET WITH SIGNS INDICATING "NO PARKING". 12. THAT ANY TREES ON OR OFF SITE NEAR THE LIMITS OF GRADING THAT ARE TO BE PROTECTED BE FENCED WITH A SNOW FENCE PRIOR TO TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC City Council Minutes June 4, 2001 Page 6 IMPROVEMENTS AT THE DRIP LINE TO PREVENT DAMAGE TO TREES BE INADVERTENT GRADING, EROSION, SOIL COMPACTION AND STORAGE OF DEBRIS OR EQUIPMENT IN THE TREES. 13. THAT THE RETAINING WALLS BE STRUCTURALLY ENGINEERED AND FENCED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Other Business There was no other business. The Council recessed at 8:10 p.m. and reconvened in the training room at 8:20 p.m. Engineering/Public Work Updates Purchase agreements Between the Elk River Utilities and Landowner for the East Elk River Water Tower Utilities General Manager Bryan Adams reviewed the water tower site that is being proposed. Daryl Thompson was present, representing the landowner. It was noted that this property would need to come into the city sewer and water district prior to a water main and water tower being constructed. One of the conditions that the landowner is requesting prior to selling of the site to Utilities is that a preliminary plat for future residential development be approved. The condition in the purchase agreement deferring trunk water assessments was discussed. The city administrator and the city engineer discussed the possible installation of sewer and the deferment of trunk sewer assessments if this were to take place. A letter from the landowner regarding trunk sewer assessments was distributed and a majority of the Council concurred with the conditions included in the letter. Update on Downtown Sidewalk by Ter~ Maurer. Engineer Terry Maurer and Utilities General Manager Bryan Adams updated City Council on the status of the electric utility and sidewalk project that is taking place downtown. At this time, most things are on schedule and weather permitting it appears that the sidewalk project will be complete by June 20, in time for the ~trts oCo,p festival. WWTP Improvements The city engineer reviewed the roof work and ventilation work ( for two buildings) that is necessary for the safety of the city employees. The bids for this work were received and the low responsible bidder was Municipal Builders Inc., in the amount of ~g184,452. This firm has experience with similar projects and staff recommends approval of the low bid. COUNCILMEMBER DIETZ MOVED TO AWARD THE BID TO MUNICIPAL BUILDERS INC. IN THE AMOUNT OF $184,452 FOR THE WWTP ROOF AND VENTILATION WORK. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 7 June 4, 2001 The city administrator noted that except for $10,000 for the roof, there are no other funds budgeted for this expenditure and funding will come from the sewer reserve. 2001 Seal Coat Program The city engineer and street superintendent Phil Hals reviewed with the City Council the streets that are to be seal coated as part of the 2001 program. Other than Jackson Avenue and Main Street, the seal coating will be concentrated in the western area of the city, south of County Road 30. COUNCILMEMBER MOTIN MOVED TO ADOPT RESOLUTION 01-33 APPROVING PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE 2001 SEAL COATING IMPROVEMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 2001 Overlay Improvements The city engineer reviewed with the City Council the proposed 2001 overlay program. It was noted that most of the residential overlay projects are 100% assessed out to the property owners. It was also noted that there are some overlay projects which are not in "residential projects" and that in these cases the entire cost usually cannot be assessed to the benefited property owners and that some city participation is therefore required. The 2001 program includes one such street in the Freeport/Gates Avenue area. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-34 ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE BITUMINOUS OVERLAY IMPROVEMENT OF 2001. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0. Street Reconstruction Assessment Rates The city engineer noted that the city street reconstruction rates have not changed since January 19, 1997, and that the rates need to be increased in order to reflect higher construction costs. It was noted that this assessment rate is only for the street and that other issues such as street lighting and sidewalks are in addition to these rates and are considered on a project by project basis. The proposal is to increase the residential and commercial rates by $6.00 per assessable front foot. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-35 ESTABLISHING THE ASSESSMENT RATE FOR STREET RECONSTRUCTION IMPROVEMENT PROJECTS. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 221st Avenue Improvements The city engineer reviewed the feasibility report for the 221st improvement project. Discussion with the Council concentrated on the assessment formula and amounts. It was the consensus of the Council that the adjacent property owners are being proposed to be assessed too much for the public improvements and that the developer requesting this City Council Minutes Page 8 June 4, 2001 proiect should contribute more. The Council indicated its reluctance to move forward with this proiect unless the assessment amounts to the property owners were reduced. MAYOR KLINZING MOVED TO TABLE THIS ISSUE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 175th Avenue Improvements The city engineer reviewed past Council direction on this project as it relates to the installation of sanitary sewer and water. It was noted that this installation of utilities was a question commonly asked by property owners when right-of-way was discussed for the street project. It was noted that the Mitchell property might be developed in the next year or two if it is allowed to come into the Urban Service District. If this takes place, then Utilities should be part of the 175m Avenue project. The city engineer requested direction from the Council on whether or not he should continue advising property owners that utilities are not part of this project. Council acknowledged that 175m Avenue most likely would not be reconstructed until 2002 and that the engineer should advise property owners that utilities may be part of the project but that this part of the project is uncertain at this time. Additionally, if sewer and water were to be installed, the property owners would not be assessed until 2007 unless requested by the property owner. Pavement Management Program The city engineer reviewed his memo dated May 2001, on this issue. It was noted that sometime in the city's future this project has to be undertaken and that the longer it is delayed, the larger this project could become. A two year construction timetable was discussed. Funding sources for this project include a city-wide tax levy, use of city reserves, and special assessments. The city administrator noted that once this program begins, it is likely to be ongoing for the foreseeable future and also that once this project begins, it may be the turning point in which the city needs to establish an engineering department. The establishment of an engineering or public works department has been discussed by previous Councils during the budget process. It now looks like when space is available after city hall expansion and the workload is expanded to do this program, that we will be in a position to establish this department. The City Council confirmed its support for pursuing the pavement management program. The Council directed staff to provide more details on the program, including the types of necessary improvements in the old core village area, the estimate for the cost of these types of improvements, and reasonable construction districts for a few of the projects. Miscellaneous The City Council discussed the Main Street and Parish Street bridge intersection. The city administrator briefly discussed the status of the city GIS system and the problems that are being experienced with the County because the city map has not been completed. It is desired to have the GIS system completed to help in assembling data for redistricting the city. A request is before the County to work on this project and the funding for completing the GIS map in Elk River. City Council Minutes Page 9 June 4, 2001 The Annual MnDOT tour was discussed and it was the consensus to pursue this tour for late summer or early t~all. The city administrator stated that it was staff's recommendation to add a sidewalk on the east side of Holt Avenue north of Jackson Avenue along the commercial project. This project is taking place on the property which the city sold to the developer. The city will fund this sidewalk with proceeds from the sale. The city administrator provided an update on the Lion's Park building project. Concerns are being expressed about the lack of space for Community Recreation. Additional offices are needed in order to accommodate any type of growth in the Community Recreation staff. Funding for enlarging the building would come from the city as would landscaping outside the building, and furniture, fixtures, and equipment items. 9. Staff Updates The City Clerk updated the Council on the Carol Mills retirement ceremony planned for June 10, 2001. Councilmember Motin volunteered to be present at the ceremony as the City Council representative. 10. Adjoumment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 10:00 p.m. Sandra Peine City Clerk