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06-05-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 5, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin Members Absent: None Staff Present: City Administrator Lori Johnson, City Engineer Terry Maurer, Police Chief Jeffrey Beahen, Police Captain Brad Rolfe, Police Captain Bob I<luntz, Investigative Sergeant Bryan Vita, Parks and Recreation Director Bill Maertz, Environmental Administrator Rebecca Haug, Environmental Technician Nicki Blake-Bradley, 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 06/05/2006 Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 3.2. 3.3. 5/15/06 COUNCIL MINUTES CHECK REGISTER APPROVAL OF SHERBURNE COUNTY ROAD CONSTRUCTION PLANS · RESOLUTION 06-73 APPROVING COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LIMITS FOR CSAH 1 · RESOLUTION 06-74 APPROVING COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LIMITS FOR CSAH 33 · RESOLUTION 06-75 APPROVING COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LIMITS FOR COUNTY HIGHWAY 40 · RESOLUTION 06-76 RELATING TO PARKING RESTRICTIONS ON COUTY HIGHWAY 40 AUTHORIZATION TO HIRE CHAD PETERSON AND MICHAEL SCHIPPER AS PAID ON-CALL FIREFIGHTERS AUTHORIZATION TO HIRE JUSTIN EGE AT THE PATROL OFFICER ENTRY LEVEL PAY AND DAVID WINDELS AT STEP 1 OF THE PAY SCALE AS POLICE OFFICERS CONTINGENT UPON SUCCESSFUL COMPLETION OF ALL PRE-EMPLOYMENT TESTING 3.4. 3.5. City Council :Minutes June 5, 2006 3.6. 3.7. 3.8. 3.9. 3.10. 3.11. 3.12. 3.13. Page 2 USE OF FORFEITURE FUNDS RESOLUTION 06-77 ACKNOWLEDGING CONTRIBUTIONS TO CITY OF ELK RIVER FOR ARCHAEOLOGICAL DIG REQUEST TO CONDUCT EXCLUDED BINGO - SHERBURNE COUNTY AGRICULTURAL SOCIETY HIRE SHARI PETERSON AS PART-TIME ICE ARENA OFFICE ASSISTANT BEGINNING AT PAY GRADE 5A APPROVE PARK AND RECREATION COMMISSION RECOMMENDATION TO NAME THE BARSODY PROPERTY PARK ALBA RIDGE PARK ANNUAL RENEWAL OF LIQUOR LICENSES FOR LAROSE'S RETAIL SALE OF FIREWORKS - WALMART REQUEST BY QUENTIN NELSON FOR FIREWORKS SALES FROM TENT IN MENARDS LOT A. GENERAL PLANNING PERMIT, CASE NO. GP 06-09 B. TEMPORARY SALES/STORAGE OF FIREWORKS LICENSE MOTION CARRIED 5-0. 4. Open Mike John Binkowski, stated that he is the Independence party candidate for US Congressional District 6. He introduced himself and stated that he will be available during and after the meeting if anyone has questions for him. 5.1. Proclamation: Thomas Tyler Day. June 5. 2006 Police Chief Jeffrey Beahen highlighted Thomas Tyler's law enforcement career. He stated that Mr. Tyler retired from the Elk River Police Department after 27 years of service to Elk River and over 31 years in law enforcement. Mayor Klinzing read the proclamation which proclaims Monday, June 5, 2006 as Thomas Tyler Day in the City of Elk River. Mayor Klinzing presented Mr. Tyler with his retirement plaque and thanked him for his many years of service. Mr. Tyler stated that he appreciates everything staff and the Council have done for him and he enjoyed his employment with the Elk River Police Department. 5.2. Proclamation: Stephen Miller Day. June 6.2006 Police Chief Jeffrey Beahen indicated that Investigator Stephen Miller retired due to medical issues from the Elk River Police Department after 18 years of service to the community and over 25 years in law enforcement. Mayor Klinzing read the proclamation in which Tuesday, June 6, 2006 is proclaimed as Stephen Miller Day. She presented Mr. Miller with his retirement plaque and thanked him for his years of service to the community. Mr. Miller indicated that he appreciates the flexibility that was given to him and that he had not planned on retiring this early in his career but his back condition forced him to. . . . . . . City Council :Minutes June 5, 2006 Page 3 5.3. Swear in Bryan Vita as Investigative Sergeant Mayor Klinzing administered the oath of office to Bryan Vita as Investigative Sergeant. 5.4. Liberty Heights Estates Environmental Assessment Worksheet Environmental Administrator Rebecca Haug reviewed the Environmental Assessment Worksheet (EA W) for Liberty Heights Estates. Ms. Haug stated that the purpose of the EA W is to describe and gather information to identify any potential environmental effects. Ms. Haug reviewed the comments received on the EA Wand the responses to the comments received. Ms. Haug indicated that staff feels that the EA W accurately describes the project and the potential environmental effects; therefore, staff is recommending a negative declaration on the need for an Environmental Impact Statement (EIS) for the Liberty Heights Estates request. Councilmember Motin indicated that one of the comments from the Minnesota Department of Natural Resources references needing a permit from the Army Corps of Engineers (ACOE) for the proposed wedand fill. He questioned the response indicating the developer has been unsuccessful in getting a formal response from the ACOE. Ms. Haug explained that she received a letter today from the ACOE indicating the developer would need a permit if they exceed a certain amount of wedand fill but that the ACOE has reviewed all wedand applications for this project and come to the conclusion that the developer does not need a separate permit. Councilmember Motin questioned what the water appropriation permit is that will need to be amended for this project. Ms. Haug stated that the water appropriation permit allows the city to accommodate additional drinking water for this project. She stated that she has spoken with Elk River Municipal Utilities Water Superintendent David Berg and there should be no problem amending the city's water appropriation permit. Councilmember Motin questioned under what circumstances would the Council approve a positive declaration and move forward with an EIS. Ms. Haug explained that the Environmental Quality Board (EQB) asks that the Council review the type, extent, and irreversible environmental impact that the development would have and if it were to be in a designated scientific or natural area, staff would recommend an EIS be completed to study what impacts the development would have on such an area. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-78 APPROVING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE LIBERTY HEIGHTS ESTATES PROJECT. MOTION CARRIED 5-0. 5.5. Resolution 06-79 Accepting Bid and Authorizing Execution of Contract for Highland Road Improvement Engineer Kristi Thompson presented the bids for the Highland Road reconstruction as oudined in City Engineer Terry Maurer's staff report. Ms. Thompson stated that the low bid received by Bauerly Brothers, Inc. was approximately 12.8 percent over the feasibility study City Council :Minutes June 5, 2006 Page 4 estimate. She explained that the additional cost is attributed to the increasing costs of bituminous material and other oil-based construction items. . Ms. Thompson indicated that as discussed at the assessment hearing, the sanitary sewer does not extend all the way to the west end of Highland Road and in order to serve the most westerly portion of Highland Road, an extension would have to be made from the Cherrywood Hills Addition located west of Proctor Road. She stated that based on unit prices from Bauerly Brothers, the cost of a change order to add sanitary sewer to complete service along the entire length of Highland Road would be approximately $85,000. She noted that this would include tearing up and replacing a portion of 194th Avenue in the Cherrywood Hills Addition and boring under Proctor Road (County Road 77). Councilmember Dietz questioned if sanitary sewer is extended if the assessment roll would need to be amended to include the property owners to the most westerly portion of Highland Road. Ms. Thompson indicated that it would not as the original assessment roll was inclusive of the property owners in this area. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-78 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE HIGHLAND ROAD IMPROVEMENT OF 2006 AND FOR STAFF TO PREPARE A CHANGE ORDER TO ADD SANITARY SEWER TO COMPLETE SERVICE ALONG THE ENTIRE LENGTH OF HIGHLAND ROAD. MOTION CARRIED 4-1. Councilmember Dietz opposed. 5.6. Update on Rivers Edge Commons . Parks and Recreation Director Bill Maertz stated that because the original bids for the River's Edge Common park came in substantially over the cost estimate, staff and consultants have been looking at ways to reduce project costs while at the same time retaining the integrity of the original park concept. Mr. Maertz reviewed the revised plan with the Council. He explained that the revised plan reduces the width of the park by retaining the existing alley and the original poured concrete seating has been replaced with limestone blocks. Mr. Maertz indicated that staff would like Council feedback on the revised plan. Councilmember Motin indicated that he is not in favor of the scaled down version of the park and that he could see the alley being open causing problems when events are taking place in the park. He stated that the park's construction may have to wait until funds are available to construct it similar to the way it was originally proposed. Mr. Maertz explained that an advantage to keeping the alley open is that it would provide access to the lower portion of the park for service vehicles and in the future, the alley could be lined with pavers and landscaped to provide pedestrian access to the lower plaza. Councilmember Gumphrey concurred with Councilmember Motin. He stated that he also has concerns about the alley be retained. He also suggested that the park project may have to wait until funding is available to construct the project as originally proposed. Councilmember Dietz questioned if the alley could be landscaped and lined with pavers. Mr. Maertz indicated that can be added as an alternate to the bid. He stated that there has been some resistance from the business owners to the west to closing off the alley. He also stated . . . . City Council Minutes June 5, 2006 Page 5 that considerable drainage issues would arise if the alley is closed and that the water would have to be routed underground which would be costly. Councilmember Farber indicated that he is not in favor of the alley remaining in its present state of a bituminous drive. Mayor Klinzing stated that she has received feedback from downtown business owners who were upset that the Council has not discussed the alley being closed during previous park plan discussions. She explained that she is not convinced that the alley should be closed but she is unsure of how the alley will work into the overall park plan. Mr. MaertZ indicated that staff was looking at a way to retain the integrity of the upper plaza and bring the project in under budget and that other park concepts can be researched. It was the consensus of the Council for staff to continue revision of the Rivers Edge Commons park plan and return to Council at a later date. 5.7. Authorization to Bid for 2006 Neighborhood Park Projects Parks and Recreation Director Bill Maertz indicated that the 2006 Park Dedication Budget includes projects at Kliever Lake Fields, Meadowvale Heights Park, as well as a trail connection at Park Pointe. Mr. Maertz presented the proposed park projects as outlined in his staff report. He stated that the engineer's estimate for the three projects totals $201,673 and staff is requesting Council authorization to bid the projects. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO AUTHORIZE STAFF TO BID FOR THE 2006 NEIGHBORHOOD PARK PROJECTS. MOTION CARRIED 5-0. 5.8. Lions Park Building Update - Mold Abatement Parks and Recreation Director Bill Maertz explained that some staff members at Lions Park Center (LPC) have been experiencing health symptoms possibly related to air quality at LPC. Staff hired the Institute for Environmental Assessment to test the air quality at LPC and the results indicate there is a mold problem in at least two of the offices. Mr. Maertz stated that this contamination poses a health risk and required the temporary relocation of two staff members to City Hall. He stated that the source of the moisture must be corrected as well as abatement of the existing mold. He explained that due to the nature of the soils at Lions Park, there is a possibility that the moisture may be rising up through the building slab and that it appears that soil corrections that were previously done were insufficient and that staff is working with the building official to determine the cause of the moisture inf1ltration. Mr. Maertz presented estimated costs for repairs and abatement. 5.9. Consider Additional Police Officer and Options for Additional Coverage City Administrator Lori Johnson indicated that Police Chief Beahen and she are requesting consideration of adding an additional police officer as soon as possible to ensure that all shifts are adequately covered. Ms. Johnson stated that Chief Beahen has identified several ways to address staff shortage issues in the short term but due to the recent retirements and increased police activity, a long term solution to the problem is to add an additional officer to cover the increasing demands of service. City Council J\1inutes June 5, 2006 Page 6 Chief Beahen explained that coverage for illnesses and vacations is difficult with the officers working twelve-hour shifts and that this new position would alleviate some of the coverage issues. Chief Beahen indicated that it would also help to be able to assign the two police interns a variety of tasks and he would like Council authorization to pay the interns $12 an hour. . Ms. J ohoson stated that the request for the additional officer is being moved up from the 2007 budget to help deal with the current staff shortage. She indicated that the third candidate in the current recruitment process is an experienced officer whom Chief Beahen would like to hire. Ms. J ohoson explained that funding is available in the 2006 budget to cover the additional cost of adding the officer this year due to an increase of $25,000 from ISD 728 for the liaison program, savings from delaying the hiring of replacement officers for a total of seven months, and pay savings resulting from retirements. Discussion took place on the hiring of an additional officer and it was the consensus of the Council that the additional officer he hired at this time and that staff provide actual budget figures to the Council on these officer positions. Councilmember Farber stated that his son is a summer intern at the Police Department. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE THE HIRE OF TODD DRAYNA AS POLICE OFFICER BEGINNING AT STEP 3 OF THE PATROL OFFICER PAY SCALE CONTINGENT UPON SUCCESSFUL COMPLETION OF ALL PRE-EMPLOYMENT TESTING AND TO AUTHORIZE AN HOURLY WAGE OF $12 AN HOUR FOR THE POLICE DEPARTMENT INTERNS (ONE SUMMER AND ONE FALL INTERN). MOTION CARRIED 5-0. . 5.10. Discuss Council Worksession Agendas City Administrator Lori J ohoson reviewed the June and July worksession agendas. Discussion took place and the street improvement tax or special levy assessment policy discussion will be moved to the July worksession agenda to allow ample time for the library expansion discussion. Ms. Johnson indicated that a YMCA update will be provided at the June worksession. Councilmember Farber would like to discuss traffic issues at the July worksession and Councilmember Motin requested that discussion on the temporary neon signs take place in July or August. 6. Other Business Councilmember Motin distributed a folder of information to each Councilmember with information regarding the recent trip that he and Ms. Johnson took to Washington, D.C. to discuss the city's application for federal funding for the TH10jDowntown design alternatives with legislators. He stated that they met with Congressman Oberstar and Senator Dayton and with staff members of Senator Coleman and Congressman Kennedy and the meetings went well. . . . . City Council1vfinutes June 5, 2006 Page 7 Mayor Klinzing indicated that Governor Tim Pawlenty was recently in Elk River to sign the bonding bill for the Northstar Commuter Rail. Councilmember Motin noted that the Governor will be in Elk River on June 15 to attend a joint rotary and Chamber of Commerce meeting. He stated that this meeting is open to the public and urged citizens to watch the Star News for additional information. 7. Council Updates There were no council updates. 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 7:45 p.m. Minutes prepared by Jessica Miller. J;2j .U vi-'1'v./c1'~'~?!{./L