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04-03-2006 CC MIN . Members Present: Members Absent: Staff Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 3, 2006 Mayor Klinzing, Councilmembers Dietz, Farber, and Motin Councilmember Gumphrey (in Washington DC on city business) City Administrator Lori Johnson, City Attorney Peter Beck, City Engineer Terry Maurer, Police Chief Jeffrey Beahen, Police Captain Brad Rolfe, Police Captain Bob Kluntz, City Prosecuting Attorney Christopher Johnson, and Recording Secretary Jessica :Miller 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 04/03/2006 Agenda MOVED BY COVNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE APRIL 3, 2006 AGENDA. MOTION CARRIED 4-0. . 3. Consider Consent Agenda MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES · MARCH 13, 2006 REGULAR MEETING · MARCH 20, 2006 REGULAR MEETING · MARCH 27, 2006 SPECIAL MEETING CHECK REGISTER AUTHORIZATION TO REQUEST DONATIONS FROM LOCAL BUSINESSES TO CONTINUE ARCHAEOLOGICAL WORK TRANSIENT MERCHANT LICENSE FOR RYAN DOLIBER REIMBURSEMENT TO ELK RIVER LANDFILL FOR SURCHARGE RESOLUTION 06-33 ALLOCATING 2005 GENERAL FUND BALANCE TRANSIENT MERCHANT LICENSE FOR CURTIS KING, VIKING TREES RELEASE OF 2006 BUDGETED FUNDS TO ELK RIVER AREA ARTS ALLIANCE RESOLUTION 06-34 AUTHORIZING AMENDMENT #1 TO JOINT POWERS AGREEMENT FOR NORTH METRO TRUNK HIGHWAY 10 CORRIDOR COALITION ADVERTISE FOR BIDS FOR CONSTRUCTION OF RIVERS EDGE COMMONS RESOLUTION 06-35 EXTENDING PRELIMINARY PLAT APPROVAL FOR PINEWOOD ESTATES 2ND ADDITION 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. 3.8. 3.9. 3.10. . 3.11. City Council Minutes April 3, 2006 Page 2 3.12. . 3.13. 3.14. 3.15. AMEND 2006 PARK DEDICATION BUDGET TO INCLUDE ORONO SOFTBALL FIELD IMPROVEMENTS RESOLUTION 06-36 AUTHORIZING STAFF TO APPLY FOR AND EXECUTE A NATURAL AND SCENIC AREA GRANT RESOLUTION 06-37 AUTHORIZING STAFF TO APPLY FORAND EXECUTE A REMEDIATION GRANT PINEWOOD JOB DESCRIPTIONS MOTION CARRIED 4-0. Councilmember Motin indicated that he would like agenda items requesting significant amounts of money to be placed on the regular agenda for discussion rather than being placed on the consent agenda. 4. Open Mike Noone appeared for Open Mike. 5.1. Proclamation - April 3. 2006 as Steve Bockwitz Day Police Chief Jeffrey Beahen explained that Steve Bockwitz recently retired from the Elk River Police Department. Chief Beahen indicated that in addition to the proclamation, the Police Department will be presenting Mr. Bockwitz with a Meritorious Service Award. . Captain Rolfe presented Mr. Bockwitz with the Police Department's Meritorious Service Award. Mayor Klinzing read the proclamation proclaiming April 3, 2006 as Steve Bockwitz Day and thanked Mr. Bockwitz for his faithful years of service to the Elk River Police Department. Mayor Klinzing presented the proclamation plaque to Mr. Bockwitz. 5.2. Presentation Regarding Clean Up of Clandestine Drug Lab and Chemical Dump Sites City Prosecuting Attorney Christopher Johnson provided a brief summary of the Clandestine Drug Lab and Chemical Dump Site ordinance that was passed at the March 20, 2006 Council meeting. Mr. Johnson indicated that Sherburne County currently handles these issues but it was recommended that the city adopt an ordinance as a precautionary measure. Mr. Johnson explained that the ordinance provides the law enforcement, health, and environmental officials with the authority to declare a clandestine site a public health nuisance. He further explained that the ordinance is broken down into three parts: notification, cleanup, and costs. Mr. Johnson indicated that it is the owner's responsibility to clean up the site and they must work in conjunction with health and environmental officials and hire a contractor who has the expertise and knowledge to clean up a clandestine site. He stated that the ordinance also provides the city with the authority to hire the contractor if necessary. Mr. Johnson stated that the ordinance also provides the city with legal remedies to recapture costs associated with the clean up. 5.3. A. Dodge Avenue Improvement. Assessment Hearing Resolution Adopting Final Assessment Roll . City Engineer Terry Maurer provided a brief presentation on the Dodge Avenue improvement. Mr. Maurer reviewed the proposed improvements, estimated project costs, bids, financing, and the assessment schedule. . . . City Council Minutes April 3, 2006 Page 3 Mayor Klinzing opened the assessment hearing. There being no one to speak to this issue, Mayor Klinzing closed the assessment hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-38 ADOPTING THE FINAL ASSESSMENT ROLL IN THE MATTER OF THE DODGE AVENUE IMPROVEMENT OF 2006. MOTION CARRIED 4-0. B. Resolution Accepting Bid and Authorizing Execution of Contract Mr. Maurer indicated that bids for the Dodge Avenue and Waco Street improvement were opened earlier today. He stated that the low bidder was Forest Lake Contracting and staff is recommending the bid be awarded to them. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-39 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE WACO STREET AND DODGE AVENUE IMPROVEMENTS OF 2006. MOTION CARRIED 4-0. 5.4. Highland Road Reconstruction Improvement. Public Hearing City Engineer Terry Maurer presented information on the Highland Road reconstruction project. Mr. Maurer reviewed the project history, proposed street and sewer improvements, estimated project costs, financing, and assessment information. Mr. Maurer indicated that with a narrower street section proposed, a "no parking" resolution would be necessary prohibiting parking on Highland Road. He also indicated with pedestrian facilities on both sides of the road, there will need to be some trees removed. Mayor Klinzing opened the public hearing. Connie Mutchler, 11812 Highland Road - indicated that due to her work schedule she has been unable to attend the information meetings on this project. Ms. Mutchler questioned if trees would have to be removed if a sidewalk is installed. Mr. Maurer stated that if sidewalks are installed on both sides of the street that some trees would have to be removed. Mayor Klinzing closed the public hearing. Councilmember Dietz stated that he believes that when given a choice on whether or not to hookup to city water and sewer that property owners chose not to. He indicated that this neighborhood is being given an advantage by the city spending the money to pay for the sewer installation and hope that they get reimbursed if the property owners decide to hookup to the city sewer. He stated that he would be interested in hearing from affected property owners. Virginia Geagan, 11871192nd Ave - stated that she is a gardener and she likes not having city sewer and water and she would not hook up to city sewer and water if it was offered. City Council :Minutes April 3, 2006 Page 4 . Councilmember Farber clarified that the sewer is proposed to be installed as an insurance policy so the road does not have to be tore up again in a few years for city sewer to be installed as septic systems in the area begin to fail. Councilmember Motin questioned how long the road will last after it is reconstructed. Mr. Maurer stated that the road with its nine-ton design and concrete curb and gutter it could be thirty or forty years before it needs total reconstruction. Councilmember Farber indicated that he has spoken with residents of the area and many of them believe it is necessary to have a sidewalk for pedestrian traffic as well as a trail on the opposite side for bike traffic. He stated that he believes the larger trail should be on the southside because there is less vegetation and it would lead directly to the school. Ms. Mutchler stated that she lives on the southside and has concerns that the sidewalk would disrupt her well. Mr. Maurer stated that the well should be at least 20 feet setback and that the sidewalks would be constructed within the right-of-way. Mr. Maurer noted that once the plans are complete, an evening will be selected and staff will walk thru the neighborhood and discuss any concerns that individual property owners may have about how this project will affect their property. Councilmember Dietz questioned when the decision needs to be made on whether or not the sewer is included as part of this project. Mr. Maurer indicated that the resolution being approved tonight is only ordering the preparation of plans and specifications and that if the Council would like the sewer portion of the project removed, it should be done prior to the advertisement of bids so contractors are aware of what they are bidding. . Councilmember Dietz indicated that because this is a city initiated project, a 4/5 Council vote is required and he will vote in favor of the resolution to order plans and specifications because with Councilmember Gumphrey being absent if he votes against it the project will fail. Councilmember Dietz noted that he may object in the future if the sewer remains as part of the project. Councilmember Motin questioned if alternate bids for the sanitary sewer and water could be requested on this project. Mr. Maurer indicated that yes, alternate bids could be requested incase the Council decides not want to pursue the sewer and water portion of the project. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY MAYOR KLINZING TO ADOPT RESOLUTION 06-40 ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE HIGHLAND ROAD RECONSTRUCTION IMPROVEMENT OF 2006 AND FOR ALTERNATE BIDS FOR THE SANITARY SEWER AND WATER TO BE RECEIVED ON THE PROJECT. MOTION CARRIED 4-0. 5.5. Collection of MPCA Costs from Russ Hamilton . City Attorney Peter Beck explained that an Environmental Litigator from his office has been investigating the city's options for collecting the MPCA costs from Russ Hamilton. Mr. Beck indicated that the city has a clear claim for reimbursement of the costs incurred and if the Council wishes to discuss their options, it would be appropriate to meet in an Executive Session. . . . City Council Minutes April 3, 2006 Page 5 It was the consensus of the Council that they would like to meet in Executive Session to review their options. Mr. Beck indicated that he will work with Ms. Johnson to set a date for an Executive Session. 5.6. Discuss Council Worksession Agendas City Administrator Lori Johnson presented the tentative Council Worksession agendas for April and May. Ms. Johnson ~tated that the Natural Resources Inventory has been removed from the April agenda because the Natural Resources Inventory Subcommittee will be redoing some of the ordinances. Ms. Johnson indicated that the Council will still be meeting joindy with the Parks and Recreation Commission on Monday and it would be appropriate to discuss dle Pinewood financing at that time. The Council listed a few other items they would like discussed at future worksessions. 6. Other Business Mayor Klinzing read two letters that were received from House and Senate members in response to the letter that dle Council sent opposing the split of School District #728. 7. Council Updates Councilmember Dietz provided updates on the Library Board and the Utilities Commission. 8. Staff Updates City Engineer Terry Maurer stated that notices will be mailed to the affected property owners along 193rd Avenue indicating that the Council will be discussing the 193rd Avenue Corridor at the April 17, 2006 Council meeting. City Attorney Peter Beck indicated that the city has an executed purchase agreement from Mr. Krause for the Pinewood Golf Course and that closing has tentatively been set for Thursday. Mr. Beck explained that there are a few issues that need to be resolved prior to closing. He stated that if the issues cannot be resolved prior to Thursday, the closing will be rescheduled as soon as possible. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 7:45 p.m. Minutes prepared by Jessica Miller. '~