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10-04-2004 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 4, 2004 Members Present: Mayor Klinzing, Councilmembers Dietz, Kuester, Motin, and Tveite Members Absent: None Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, Fire Chief Bruce West, Police Chief Jeff Beahen, Street Superintendent Phil Hals, Liquor Store Manager David Potvin, Building Maintenance Supervisor Gary Lore, and Recording Secretary Jessica :rvlliler 1. Call Meetin~ 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 10/04/2004 A~enda i\dded Item 5.9. Ice Arena Commission Report MOVED BY COUNCILMEMBER KUESTER AND SECONDED BY COUNCILMEMBER TVEITE TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. Consider Consent A~enda MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES . 9/13/04Worksession w/changes . 9/16/04 Special . 9/20/04 Regular 3.2. CHECK REGISTER 3.3. CONSIDER PROCLAIMING MN MANUFACTURING AND TECHNOLOGY WEEK 3.4. ADOPT RESOLUTION 04-77 APPOINTING ELECTION JUDGES FOR GENERAL ELECTION 3.5. CALL SPECIAL MEETING TO CANVASS ELECTION RESULTS 3.6. AUTHORIZATION TO ADVERTISE FOR PAID ON-CALL FIREFIGHTERS 3.7. UPDATE ON MINNESOTA POLLUTION CONTROL AGENCY NPDESGRANT 3.8. REQUEST TO FILL RECEPTIONIST POSITION MOTION CARRIED 5-0. City Council Minutes October 4, 2004 Page 2 ----------------------------- 4. Open Mike Mike Starr, District 48A House Representative Candidate, stated that he wanted to introduce himself to the Council and would like to work in cooperation with the City Council if he gets elected in November. ------ AI Pfeifle, 20418 Auburn Street, presented a PowerPoint presentation outlining the concerns he has regarding the impact on property owners and wetlands that the construction of the Highway 169/County Road 33 interchange has created. Mr. Pfeifle indicated that there has been water diversion, flooding, and erosion problems since :rvInDOT completed the interchange. He stated that the property owners have been in contact with MnDOT in atrempts to see if the problem can be resolved but MnDOT does not return phone calls. Mr. Pfeifle intlicated that MnDOT may be more responsive to the City Council and he asked that they send a letter on the property owners' behalfs to MnDOT. Mr. Pfeifle indicated that he has drafted a letter and has a list of affected property owners. Mayor Klinzing stated that she would like the City Engineer to review the letter and the situation and provide a recommendation to the Council as soon as possible. Councilmember Dietz stated that the project is probably not certified as complete and he would like the City Engineer or City Attorney to review this issue and see if the city has options for recourse. He suggested that City Engineer Terry Maurer contact MnDOT. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER MOTIN TO HAVE CITY ENGINEER TERRY MAURER AND ENVIRONMENTAL ASSISTANT REBECCA HAUG REVIEW THE SITUATION AND REPORT BACK TO THE CITY COUNCIL AT THE OCTOBER 18, 2004 CITY COUNCIL MEETING AND TO CONTACT MR. AL PFEIFLE REGARDING THE FINDINGS. MOTION CARRIED 5-0. 5.1. Interview Planning- Commission Applicants The City Council interviewed four candidates to fill two vacancies on the Planning Commission recently created by the resignations of Melanie Curtis and Mark Pederson. The Council interviewed John Mismash, Brent Richter, Kevin Scott, and Matthew Westgaard. Mayor Klinzing indicated that she would like the Council to take the interviews under advisement and vote at the next Council meeting. Councilmember Dietz stated that it would be nice to have the new members attend the joint Council boards and commissions meeting and so he would like to vote tonight. The Council voted via written ballot and there was a three-way tie. Brent Richter, being one of the applicants involved in the three-way tie, stated that after listening to the two other applicants, he respectfully withdraws his name from the applicant pool. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO APPOINT MATTHEW WESTGAARD TO THE PLANNING COMMISSION WITH A TERM EXPIRING FEBRUARY 28, City Council WOOutes October 4, 2004 Page 3 ----------------------------- 2007 AND TO APPOINT KEVIN SCOTT TO THE PLANNING COMMISSION WITH A TERM EXPIRING FEBRUARY 28, 2006. MOTION CARRIED 5-0. The City Council thanked Mr. Richter and Mr. Mismash for theiJ: application and encouraged them to apply again for future vacancies. 5.2. Eradication of Curly Leaf Pond Weed on Lake Orono City Administrator Pat Klaers stated thatEnmonmental Assistant Rebecca Haug received an email from the Minnesota Department of Natural Resources (DNR) today suggesting that the city wait until next fall to complete the Lake Orono drawdown so it can take place earlier in the season as to protect the turtles and other amphibians in Lake Orono. He noted that the DNR does not believe waiting a year will result in large beds of curly leaf next year. Jerry Palmer, 13538 Islandview Drive, indicated that there have been many changes in the lake since the drawdown last year and they are almost all negative. He stated that the aquatic life on the lake suffered significantly because of the drawdown. Mr. Palmer urged the City Council and staff to consider the pros and cons when considering doing a drawdown and to make sure what is being saved is more valuable than what is being lost. Mr. Palmer also stated that he believes lake property owners should receive notification of the drawdown from the city prior to its taking place and not rely on the homeowner's association to relay that information. Don Robinson, 13400 Islandview Drive, stated that he belongs to the homeowner's association and he just heard about the drawdown today and that he would appreciate being notified of events like this. He indicated that the Council should consider where the problem is and where the weeds are originating from when considering doing a drawdown of the lake. Mayor Klinzing stated that it seems like the Council and staff only deals with the lakeshore homeowner's association and not the individual property owners and that staff should look at different ways to notify the property owners. Mr. Klaers noted that the request for the drawdown was initiated from the lakeshore homeowner's association. 5.3. Westbound Update City Administrator Pat Klaers stated that per Council direction, he made contact with property owner Tom Hartman to discuss an even exchange of lots for the proposed Westbound liquor store. Mr. Klaers stated that Mr. Hartman has indicated that he is interested in an exchange of lots. This exchange will give Westbound a comer lot with good visibility and it will give Mr. Hartman a larger 3-acre parcel that may be easier to attract a commercial business. Mr. Klaers indicated that he and Liquor Store Manager Dave Potvin will be meeting Gary Tushie of Tushie Montgomery Architects on-site on October 7, 2004. Mr. loClaers stated that he expects to receive a proposal for architectural services along with a proposal from Greystone for construction management services at that time. 1Yf.r. Klaers noted that this is the same combination that the city used for the design and construction of Northbound Liquor. Mr. Klaers stated that the target date for the store to be open would be October or City Council Minutes October 4, 2004 Page 4 ---..------------.----------- November next year as a high percentage of business is made during the fall/holiday season. !vir. Klaers reviewed the tllneframe of the pre-construction events. Mayor Klinzing noted that she \Vill vote against the land exchange as she is against d1e city building a second liquor store as she does not believe the city should be in the business of selling liquor. Councilmember Motin asked Liquor Store Manager Dave Potvin if the land exchange is a good idea. Mr. Potvin stated that based on experience of Northbound Liquor being on a corner lot he believes it is a good idea. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO PROCEED WITH THE LOT EXCHANGE WITH MR. HARTMAN; TO AUTHORIZE THE ENVIRONMENTAL AUDIT, SOIL BORINGS, AND TOPOGRAPHIC ON-SITE SURVEY WORK TO BE COMPLETED AS SOON AS POSSIBLE; AND TO RESERVE THE RIGHT TO NOT PROCEED WITH THE LAND EXCHANGE IF THE ARCHITECT FINDS THAT BUILDING ON THE CORNER LOT IS MORE COSTLY. MOTION CARRIED 4-1. Mayor Klinzing opposed. Councihnember Dietz stated that it was originally discussed that Dave Potvin would be the construction manager on this job. He questioned why this had changed. Mr. Potvin stated that he believes it changed because everything went very smoothly with having a construction manager for the construction of Northbound Liquor. He stated that he would be willing to act as construction manager if that is what the Council wishes. It was decided that no decision regarding the construction manager will be made until after the proposals are received. lYlr. Klaers noted that whenever the city buys land they need to have the issue reviewed by the Planning Commission for consistency with the Comp Plan. He stated that the City Council can waive this requirement since in this case the land is in the same location and zoning district. 5.4. 2004-05 Snowplow Poli<;y Street Superintendent Phil Hals stated that each fall the City Council is asked to review and adopt the city's snow plowing policy. lYlr. Hals stated that the following changes were made to the operating procedures for the 2003-04 snow plowing season and they seemed to work well and staff recommends that they be continued for the 2004-05 snow plowing season: . cul-de-sacs will be circled the flISt day and plowed completely on the second day, . snow hauling from the downtown will be done in early morning hours of the third day following a snowfall, and . sidewalk plowing will be done with one machine and the route will be prioritized into fIrst day, second day. and third day areas. Mr. Hals indicated that the separation of the Street and Parks Departments will not cause a major change for this coming winter as four park employees will assist with snow plowing. I\1r. Hals reviewed some possible snow plowing route alternatives, but recommend the city maintain its current routes. City Council Minutes October 4, 2004 Page 5 ----------------------------- Councilmember Dietz questioned how many snow plowing complaints are received each year. Mr. Hals stated that the average is three or four per snow fall and the complaints range from hit mailboxes to people just frustrated with the snow. He noted that more complaints are received when a heavy snowfall occurs. Councilmember Tveite questioned if the introduction of new routes reduces the efficiency of drivers. Mr. Hals stated that it does because the plowing goes quicker when the driver follows a familiar pattern to their route. Councilmember Morin stated that since most of the complaints received are in regards to damaged sod, could homeowners put some sort of post up at the edge of their yard to assist the driver in identifying boundaries. Mr. Hals stated that some communities provide lath for owners to put up but it is something that citizens could do themselves. City Administrator Pat Klaers stated that the city has received a request from the County to plow the Northstar Corridor lot. He stated that due to budget constraints, MnDOT is turning over this responsibility to the County and since the County does not have any roads in that area, they are requesting that the city plow the lot. Mr. Hals stated that the Northstar Corridor lot will be added to the priority route. Councilmember Motin questioned how plowing of the lot would be handled when the snowfall begins when cars are already parked in the lot. Mr. Hals stated that the plows would do what they can and come back to clean it up after the vehicles are gone. MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY COUNCILMEMBER KUESTER TO ADOPT THE 2004-05 SNOW PLOWING POLICY AND TO AUTHORIZE THE PLOWING OF THE NORTHSTAR CORRIDOR LOT FOR THE 2004-05 SEASON. MOTION CARRIED 5-0. 5.5. Consider Koehler House Bids Street Superintendent Phil Hals stated that the city received one bid for the demolition of the Koehler house located at 1221 5'" Street. He stated that the bid was received from Big Jon's Construction in the amount of $17,729.00. Mr. Hals indicated that staff is recommending that Council accept the bid. He noted that he contacted two house movers; one did not return his phone calls and the other one stated that it is too costly to move a two-s tory home. Mayor Klinzing stated that due to the age of the home, the Historical Society may be interested in coming in and salvaging items before the house is demolished. Mr. Hals stated that the city is in charge of salvaging so that would not be a problem. Mayor Klinzing suggested that the Heritage Preservation Commission or Historical Society be asked if they wish to look at the house before it is demolished. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER KUESTER TO AWARD THE BID FOR THE DEMOLITION OF THE KOEHLER HOME AT 12215TH STREET TO BIG JON'S CONSTRUCTION IN THE AMOUNT OF $17,729.00. MOTION CARRIED 5-0. City Council Minutes Oetobel" 4, 2004 Page 6 ----------------------------- 5.6. Public Safety Buildinl[ Update City Administrator Pat Klaers stated that Police Chief Jeff Beahen and Building Maintenance Supervisor Gary Lore have been working with Nelson-Rudie and Associates, the firm who designed the geo-thermal system for the Public Safety Facility. Mr. Beahen summarized the report received from Nelson-Rudie as presented in rus staff report. Discussion took place as to the actual cost savings with the geo-thermal system as opposed to what the projected savings when the project was approved. Councilmember Dietz stated that no payments for construction work from the bonds can be made for the public safety building project after November 9, 2004 and therefore all payments would have to be taken out of the general fund or the government buildings reserve. He stated that he would be disappointed if staff and Kraus-Anderson cannot work out the issues so payments can be made by the deadline. Councilmember Dietz questioned whether or not it is feasible for the work to be completed by November 9. !vIr. Lore stated that he has provided Kraus Anderson with a list of the items that still need to be completed and he will continue to call them and work with them until issues are resolved. Mr. Klaer, noted that he and !vIr. Lore met with Tushie-Montgomery and Kraus-Anderson again in late September and they are aware that November 9 is the payment deadline date. He noted that most of the building is completed and only a few items remain. Councilmember Dietz questioned if the city has a legal right to give the conltactors a deadline date, and if the work is not completed by that date, then can they withhold the remaining payments and complete the work in house. He stated that he would like an attorney opinion on this matter. Councilmember Kuester stated that she would like a penalty clause to be written into future agreements. It was the consensus of the Council to direct staff to obtain a legal opinion from the city attorney and inform the Council on this opinion. 5.7. Discuss 2005 Legislative Issues City Administrator Pat I<laers indicated that District 48A Senator Michael Jungbauer has requested feedback from the City Council regarding important legislative issues for the upcoming session. !vIr. I<laers reviewed the following issues identified by himself and the department heads: . Transportation funding (gas tax)ncrease) Highway 10 improvements Northstar Corridor project support Financial support for the Kelley Farm (MN Historical Society funding) Continuing to oppose proposals for wine in grocery stores Maintaining state aids (including LGA) and opposing levy limits . . . . . The Council concurred with these issues and stated that Highway 169 improvements should be added. Council directed staff to send a letter to Senator Jungbauer regarding these issues. City Councll Minutes October 4, 2004 Page 7 ----------------------------- 5.8. Set Council Worksession Agendas City Administrator Pat Klaers indicated that not much input has been received from the Council regarding the worksession agendas but they are filling up quickly. He noted that the Council may need a special meeting for the fourth Monday in November in order to cover some of these issues. .Mr. Klaers reviewed the October and November tentative Council worksession agendas. Mr. Klaers also reviewed a few issues for the December worksession agenda. Discussion took place regarding the October 11 worksession with the eight advisory boards and commissions. It was the consensus of the Council that the meeting should be an informal worksession atmosphere where each chair introduces their board or commission members and then lists two or three of the commission's main goals and the Council will respond as appropriate. 5.9. Ice Arena Commission Report Councilmember Tveite stated that Arena staff advertised the sale of the used boards from the Ice Arena Barn in the Elk River Star News and received one bid. He stated that the Ice Arena Commission met in a special session to review the bid and voted unanimously to recommend that the City Council accept the bid. Councilmember Tveite stated that the bid received was from Mr. Douglas Bryan in the amount of$I,068.73. He noted that this bid includes Mr. Bryan picking up and hauling away the boards himself. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER TVEITE TO ADOPT RESOLUTION 04-78 ACCEPTING THE BID AND AUTHORIZING THE SALE OF THE USED HOCKEY BOARDS FROM THE ICE ARENA/BARN. MOTION CARRIED 5-0. 6. Other Business There was no Other Business at this time. 7. Staff Updates City Administrator Pat Klaers stated that Councilmember Dietz has indicated that he will be absent from the November 15, 2004 City Council meeting. Mr. Klaers indicated that there axe a number of items on that agenda that require a four-fifths votes in order to pass and it may be best to move these items either to the November 1 meeting or to the December 6 meeting. Mr. Klaers stated that important issues scheduled for November 15 include the rezoning request by Elk River Business Park, the River Park subdivision proposal, and the rezoning request for the Jackson Villas Townhomes. It was the consensus of the Council to move the Elk River Business Park and the Jackson Villas T ownhomes requests to the November 1, 2004 meeting and to move the River Park proposal to a December meeting. ------ Fire Chief Bruce West stated that it is Fire Prevention Week and that approximately 800 kindergartners will tour the Elk River Fire Department Station 1. He stated that the six City Councillvlinutes October 4, 2004 Page 8 ----------------------------- elementary schools in the district have been notified of the fire prevention poster contest that is taking place. Mr. West provided the Council with an update on the interior and exterior painting of Station 1. I\1r. West indicated that the Elk River Fire Department dance was successful and thanked the community for their support. 8. Adjournment There being no further business, Mayor I<J.inzing adjourned the meeting of the Elk River City Council at 9:05 p.m. Minutes prepared by Jessica Miller. ~~A4.A- Joan Schmidt City Clerk