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04-18-2005 CC MIN MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 18, 2005 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, and Gumphrey Members Absent: Councilmember Motin Staff Present: City Administrator Pat Klaers, Director of Planning Michele McPherson, City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, Streets Superintendent Phil Hals, Utilities General Manager Bryan Adams, City Prosecuting Attorney Chris Johnson, and Recording Secretary Tina Allard 1. 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 4/18/2005 Agenda Mayor Klinzing added a letter from Lieutenant Governor Carol Molnau to Other Business and City Administrator Pat Klaers stated that Item 3.6. has been withdrawn by the applicant. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 4/4/05 AND 4/11/05 COUNCIL MINUTES 3.2. CHECK REGISTER 3.3. CHANGE ORDERS 3.4. PAY ESTIMATES 3.5. TOBACCO LICENSE TO JOSHUA LUND FOR BEAUDRY EXPRESS 3.6. GENERAL PLANNING PERMIT FOR TEMPORARY SALE OF FIREWORKS BY TNT FIREWORKS -WITHDRAWN ------------------- FIREWORKS LICENSE FOR SALE OF FIREWORKS -WITHDRAWN 3.7 RESOLUTION 05-37 APPROVING PREMISES PERMIT FOR THE FRATERNAL ORDER OF EAGLES #3264 3.8. RESOLUTION 05-38 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER 3.9. RESOLUTION 05- 40 AUTHORIZING STAFF TO UTILIZE THE COOPERATIVE PURCHASE/JOINT POWERS AGREEMENT City Council Minutes Page 2 April 18, 2005 ----------------------------- INITIATED BY THE CITY OF ROGERS FOR THE PURPOSE OF PURCHASING AND INSTALLING ATHLETIC FIELD LIGHTING ----------------------------- AUTHORIZATION TO CONTRACT WITH ANOKA ELECTRIC SUPPLY, INC. FOR PURCHASE AND INSTALLATION OF FIELD LIGHTING AT THE YOUTH ATHLETIC COMPLEX MOTION CARRIED 4-0. 4. Open Mike Keith Belanger 21389 Meadowvale Road-Stated he wanted to raise chickens on a 13 acre parcel and was unsure how he could get a permit from the city to make sure it is an allowable use. Director of Planning Michele McPherson stated Mr. Belanger is allowed to have chickens on his property as a permitted home occupation but if he exceeds 1,000 chickens he would need to come back to the city for a conditional use permit and comply with MPCA guidelines for a feedlot. 5.1.Pavement Management Program Public Hearing (2005 Street Reconstruction Improvement) City Engineer Terry Maurer presented information regarding the 2005 street reconstruction improvement project. He discussed the estimated project cost (1.566 million), financing, the areas involved in the project, and the areas to be assessed. Mr. Maurer further discussed the project schedule, sidewalks, and street closures along Highway 10. He also discussed the MN Statute 429 process regarding appeal rights of assessed residents. Mr. Maurer stated he received a letter from Emmanuel Lutheran Church objecting to the number of residential units being assessed to them. He further stated that parcel #75-409- 0455 was accidentally sent an assessment letter and they should be removed from the assessment roll. Mayor Klinzing opened the public hearing. Nancy Schumacher, 1127 5 Street-Stated she is unclear why her section of 5 Street is thth included in this project because the street looks fine to her. Mr. Maurer stated 5 Street as a whole is in fairly poor condition, has poor drainage, and the th sidewalks are in disrepair. Sture Forsell, 1232 5 Street-Submitted a petition from residents that are opposed to th sidewalks along the north side of 5 Street. th John Norgren, 14575 Ranch Road-Spoke on behalf of Emmanuel Lutheran Church. He stated the number of residential units being assessed to the church is too high. He stated most of the traffic and drainage for the church property is onto Main Street and not 5 th Street. He stated the church objects to parcel #75-402-0246 being assessed two residential units. City Council Minutes Page 3 April 18, 2005 ----------------------------- Paul Peterson, 1414 5 Street-Submitted a petition from residents that are opposed to th sidewalks on the dead end portion of 5 Street. th Howard Triggs, representing the Sherburne Masonic Lodge-Stated objections to the number of units being assessed to the Lodge. He stated the Lodge is not taxed as a business and all their funds go back into the community. He stated if the property was to be developed it could only be divided into two or three parcels due to the highway easements. He submitted a written objection to the number of assessments. Ken Millslagle, 1417 5 Street-Stated objections to sidewalks installed on 5 Street and the thth closure of the three access point onto Highway 10. Mayor Klinzing closed the public hearing. Emmanuel Lutheran Church Objection Councilmember Dietz stated the city should keep their practices consistent with past assessment projects whereby other churches have had this same issue. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO DENY EMMANUEL LUTHERAN CHURCH’S REQUEST TO REDUCE THE RESIDENTIAL UNITS ASSESSED TO THEM AS THE BENEFIT TO THE PROPERTY EXCEEDS THE ASSESSMENT AMOUNT. MOTION CARRIED 4-0. Masonic Lodge Objection Mr. Maurer explained how residential units are assessed to non-residential properties. Councilmember Gumphrey questioned how the Lodge was taxed and zoned. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO REDUCE THE NUMBER OF ASSESSMENT UNITS TO SHERBURNE MASONIC LODGE FROM 4 UNITS TO 3 UNITS; AND TO DENY THE REQUEST TO REDUCE THE ASSESSMENT ANY FURTHER BASED ON THE BENEFIT TO THE PROPERTY EXCEEDING THIS REVISED ASSESSMENT AMOUNT. MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-41 ADOPTING FINAL ASSESSMENT ROLL FOR THE 2005 STREET RECONSTRUCTION PROJECT WITH THE FOLLOWING DELETIONS FROM THE ROLL: 1.PID # 75-409-0455, 431 RUSH COURT-REDUCED TO 0 ASSESSABLE UNITS 2.PID# 75-402-0253, SHERBURNE MASONIC LODGE REDUCED TO 3 ASSESSABLE UNITS MOTION CARRIED 4-0. City Council Minutes Page 4 April 18, 2005 ----------------------------- C. Consider Resolution Accepting Bid and Authorizing Execution of Contract for the Street Reconstruction Improvement MOVED BY MAYOR KLINZING TO ADOPT A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT FOR THE 2005 STREET RECONSTRUCTION IMPROVEMENT WITH THE FOLLOWING CONDITIONS: 1.EXCLUDE INSTALLING SIDEWALKS ALONG THE NORTH SIDE OF 5 STREET. TH 2.CLOSURE OF THREE ACCESS POINTS TO HIGHWAY 10. MOTION DIED FOR LACK OF A SECOND. Councilmember Dietz stated the sidewalks should be installed on 5 Street because younger th residents will eventually move into the neighborhood and want sidewalks. He stated the city should be consistent in its sidewalk policy. He stated new developments have to install sidewalks and sidewalks have been installed during past improvement projects. He stated he didn’t feel it was safe for people to walk in the street. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ACCEPT BID AND AUTHORIZE EXECUTION OF CONTRACT FOR THE 2005 STREET RECONSTRUCTION IMPROVEMENT WITH ALL SIDEWALKS INSTALLED AND THE THREE CLOSURES TO HIGHWAY 10 COMPLETED. MOTION FAILS DUE TO A TIE VOTE. Mayor Klinzing and Councilmember Farber opposed. Councilmember Farber questioned the need to install sidewalks on a dead end street and did not feel that the access points needed to be closed at this time. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER FARBER TO CONTINUE ITEM 5.1.C. TO MAY 2. MOTION CARRIED 4-0. B. Consider Resolution Accepting Bid and Authorizing Execution of Contract for the Sewer Lining Improvement MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-42 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SEWER LINING IMPROVEMENTS OF 2005. MOTION CARRIED 4-0. 5.2. Discuss Address Change Reimbursement Policy Ms. McPherson discussed the address reimbursement policies for Sherburne and Dakota Counties. City Council Minutes Page 5 April 18, 2005 ----------------------------- Councilmember Dietz stated it was a good idea to fix the addresses on Naples Street in order to assist emergency personnel in locating homes. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT A POLICY SIMILAR TO SHERBURNE COUNTY WITH A DOLLAR AMOUNT NOT TO EXCEED $450 TO COVER ADDRESS CHANGE EXPENSES FOR ADDRESS STONE REPLACEMENT, DRIVER’S LICENSE, AND PASSPORT. MOTION CARRIED 4-0. 6.1 Consider Resolution Approving the Exercise of Powers Under MN Statutes, Chapter 453, Respecting a Certain Electric Power Generation Project Utilities General Manager Bryan Adams stated the landfill to gas electric generation facility was constructed to accommodate four engine/generators. He stated there is sufficient landfill gas present to add the fourth engine/generator. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-39 APPROVING THE EXERCISE OF POWERS UNDER MINNESOTA STATUTES, CHAPTER 453, RESPECTING A CERTAIN ELECTRIC POWER GENERATION PROJECT. MOTION CARRIED 4-0. 6.5.Utilities Update-Councilmember Dietz Councilmember Dietz provided an update of the Utilities Commission meeting held April 12, 2005. 6.2. Boys & Girls Club Update Lana Huberty, Director of the Boys & Girls Club of Elk River and Zimmerman introduced Jamie Peterson, Youth of the Year, along with some other young members of the Club. Jamie Peterson-Talked about past difficulties in her life and how the Boys & Girls Club helped her rise above these difficulties to help reach her goals. Carrie Bufford -Provided an update on participation and marketing for the Hang Ten teen program. She discussed future plans of the Club such as technology training, fine arts, and job training. Evan & Marvin-Talked about their favorite programs. 6.3. Consider Ordinance Amending the City Code, Chapter 22, Article VI Fireworks City Administrator Pat Klaers stated the city’s fireworks ordinance must be updated in order to comply with state statute. He reviewed the changes with Council as outlined in the staff report. City Council Minutes Page 6 April 18, 2005 ----------------------------- MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 05-10 AMENDING CHAPTER 22, ARTICLE VI. FIREWORKS. MOTION CARRIED 4-0. Councilmember Dietz questioned why a public hearing is not needed for a change to this ordinance. Mr. Klaers stated public hearings generally only need to be held for zoning ordinances. 6.4. Parks & Recreation Update Parks and Recreation Director Bill Maertz provided an update of the Parks and Recreation Commission’s meeting held April 13, 2005. Mr. Maertz stated the pond that was inadvertently dried up at Woodland Trails Park can’t be restored so the DNR will require the city to provide remediation. Councilmember Dietz questioned if anything could be done about the amount of goose droppings in Lions Park. Mr. Maertz stated the city crews sweep the park a couple times a week. He discussed a program that utilizes a border collie to scare the geese away. 6.8. Consider Extension of Student Law Clerk Program Mr. Klaers discussed the internship program with William Mitchell College of Law and how this program helps the prosecuting attorney’s office with staffing issues. He stated program funds have run out for this year but the city would like to retain Clarissa Christian through August with funding to come from Council Contingency. Councilmember Dietz stated he would like the city to pursue an internship program that will help to retain a student for up to a year. He stated he would be fine with some funds coming out of the contingency budget. Prosecuting Attorney Chris Johnson stated a year long internship would be more appealing to students. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO RETAIN CLARISSA CHRISTIAN 20 HOURS A WEEK THROUGH AUGUST AT $18.00/HOUR WITH NO BENEFITS. MOTION CARRIED 4-0. 6.6. YMCA Update-Mayor Klinzing Mayor Klinzing stated she would no longer be attending the YMCA meetings but that Councilmember Gumphrey would be the city’s liaison on this Board. Mr. Klaers provided an update the YMCA meeting held on April 14, 2005. 6.7. Library Board Update-Councilmember Dietz City Council Minutes Page 7 April 18, 2005 ----------------------------- Councilmember Dietz provided an update of the Library Board meeting held March 22, 2005. 7.Other Business Mayor Klinzing stated she received a letter from Lieutenant Governor Carol Molnau regarding funding for the study of Highway 169. ------------------------------ Mr. Klaers reminded the Council of the Board of Equalization special meeting that will be held at Sherburne County on Monday, April 25, 2005 at 6:30 p.m. ----------------------------- Mayor Klinzing and Councilmember Gumphrey discussed their trip to Washington D.C. to meet with members of the Senate in order to secure federal funding for a Highway 10 study. 8. Staff Updates There were no Staff Updates. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 8:30 p.m. Minutes prepared by Tina Allard _____________________ Joan Schmidt City Clerk