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02-10-2003 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, FEBRUARY I 0, 2003 Members Present: Members Absent: Staff Present: Mayor KJinzing, Councilmembers Dietz, Motin, and Tveite Councilmember Kuester City Administrator Pat Klaers, City Engineer Terry Maurer, Environmental Technician Rebecca Haug, City Attorney Peter Beck, 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 6:40 p.m. by Mayor Klinzing. Consider 2/10/03 Agenda COUNCILMEMBER MOTIN MOVED TO APPROVE THE COUNCIL AGENDA. COUNCILMEMBERTVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.4. CITY COUNCIL MINUTES A. 1/14/03 MINUTES B. 1/27/03 MINUTES CHECK REGISTER RESOLUTION 03-09 ENTERING INTO A MAINTENANCE AGREEMENT BETWEEN WRIGHT COUNTY AND THE CITY OF ELK RIVER FOR BRIDGE #86515 PROMOTION OF JEFF BEAHEN TO CHIEF OF POLICE EFFECTIVE MAY 1, 2003, ACCORDING TO TERMS AND CONDITIONS MASSAGE THERAPIST LICENSE FOR DEBRA BRUNKO TO PRACTICE THERAPEUTIC MASSAGE AT SIMONSON'S SALON AND DAY SPA COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Open Mike No one appeared for open mike. City Council Minutes February 10, 2003 ............................. Page 2 5.2. 5.3. 5.4. Administration Harvest Evangelism, dba Love Elk River Transitional Housing Program Update Mayor Klinzing provided an update on the house owned by the city located near Woodland Trails Park which is being used as a transitional house. She indicated that there is a family living in the home and stated that the program is working very well. Mayor I~inzing indicated that the City will has purchased another house near the Library and will be requesting that the Council consider this house for transitional housing also. Elk River Area Arts Alliance Presentation Regarding 2003 ArtSoup Festival and Request for Budgeted City Contribution Tony Darkenwald, treasurer of Elk River Area Arts Alliance, provided an update on current programs and services. She thanked the Council for its ongoing support and requested the Council to release the $10,000 that was requested by the Arts Alliance for 2003. Councilmember Dietz stated that he would prefer to release $5,000 now and wait to see what affect the legislature will have on the budget before releasing the next $5,000. Councilmembers Motin and Tveite concurred. COUNCILMEMBER DIETZ MOVED TO RELEASE $5,000 TO THE ELK RIVER AREA ARTS ALLIANCE WITH THE PROVISION THAT THE REMAINING $5,000 BE CONSIDERED WHEN A DECISION IS MADE BY LEGISLATURE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Update on Fecal Coliform Contamination at Lake Orono Rebecca Haug, Environmental Technician, updated the Council on the fecal coliform contamination at Lake Orono. Rebecca provided a document provided by Liesch companies entitled "Preliminary Assessment Report of Fecal coliform Contamination at Lake Orono City Beach. Consider Boston and Concord Street Improvements City Engineer Terry Maurer presented the feasibility study for the Boston Street and Concord Street Improvements. Terry reviewed the scope of the project. He noted that the total project cost is $459,500 and that there are 21 assessable units. He indicated that the estimated assessment cost is $17,500 per parcel. Terry Maurer talked about additional costs that the property owners would realize including sewer availability charge (SAC) of $1,500, and water availability charge (WAC) of $1,500 and costs associated with running lines from the street to the home and connecting to house. The City Engineer mentioned that there were three situations where one house is located on two lots. He stated that if the property owner combines the lots, the property will be assessed for only one lot, but if the property owner does not combine the lots, the property would be assessed for two lots. A. Public Hearing City Council Minutes February 10, 2003 ............................. Mayor Klinzing opened the public hearing. Page 3 Mr. Gunderson, 18284 Concord Street - Raised concerns about the structure of the assessment specifically relating to cost break down per lot. Peter Nielson 18299 Concord - Stated that many of the residents thought the project should be broken down into two separate projects; Boston vs. Concord. He also indicated that he thought a more accurate cost would be provided before the project began moving ahead to this point. He indicated that this is a hard time for people to consider a project of this amount. He indicated his opposition to the project. Kevin Novotny 18782 Concord - Indicated he was opposed to the project. Bob Stuefen, 12903 Mississippi Road - Indicated he was already hooked up to water and questioned if he would be assessed for sewer. Pam Daugherty, 18306 Concord Street NW - Questioned why the project was petitioned and indicated she was opposed to the project. Jack Longie, 12925 Mississippi Rd. - Questioned how long it would be before sewer and water is mandated in the area. Isabelle Sawyer Smith, 18252 Concord St. - Indicated that her septic is failing and would want a guarantee that sewer and water would not be mandated by the City if she repaired her current system. She stated she is in favor of the project but not in favor of curb and gutter. Mayor Klinzing polled the audience regarding their preference for the project. She requested that there be only one vote per household. There were 7 votes in favor of the project and 5 votes against the project. Mayor Klinzing closed the public hearing. Councilmember Dietz questioned whether there were any other sewer and water projects that could be bid with this project so as to try to lower the cost of the project. Terry Maurer indicated that there were no projects at this time. Discussion was held regarding moving the project forward at this time by bidding out the project so a more firm price could be determined. Councilmember Motin indicated that he wouldn't mind delaying the project but that the project would eventually happen and those residents whose septic systems have failed prior to the project being done would end up paying to repair their existing system and again for the new project. Mayor Klinzing indicated that due to the number of failing septic systems in the area, it would be best to bid the project out at this time. Resolution Ordering the Improvement and Authorizing the Preparation of Plans and Specifications COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-10 ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND City Council Minutes Page 4 February 10, 2003 ............................. SPECIFICATIONS IN THE MATTER OF THE BOSTON STREET AND CONCORD STREET IMPROVEMENT OF 2003. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. The Council recessed at 7:55 p.m. and reconvened at 8:00 p.m. 5.5. Roadside Trimming Program Approved on December 16, 2002 City Administrator Pat I<laers reviewed the memo from Phil Hals dated February 7, 2003 in regard to the right-of-way vegetation management procedure. The memo referenced procedures for right-of-way vegetation management that were revised from the January 27, 2003, Council meeting. COUNCILMEMBER DIETZ MOVED TO FOLLOW THE PROCEDURES FOR THE ROADSIDE TREE TRIMMING PROGRAM AS INDICATED IN THE FEBRUARY 7, 2003 MEMO FROM PHIL HALS AND TO DIRECT STAFF TO CONSIDER DRAFTING A WRITTEN POLICY IN THE FUTURE. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.6. Consider Ordinance Amendments Relating to Board/Commission Terms The City Clerk indicated that at the January 21, 2003 Council meeting, the Council discussed the issue of residency requirements as it relates to city boards and commissions. She indicated that staff was directed to change the language in ordinances pertaining to the Heritage Preservation Commission, Ice Arena Commission and Park and Recreation Commission to reflect the issue of residency. The Clerk indicated that the following language has been included in the proposed ordinances: "It is expected that a preference be given to Elk River residents, but residency by itself shall not be a disqualification." She also noted that the Council requested that the number of members on the Park and Recreation Commission be reduced from 8 to 7. The City Clerk presented three ordinances reflecting these amendments. A. Heritage Preservation Commission COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 03- 001 AMENDING SECTION 2-212 OF THE CITY CODE OF ORDINANCES RELATING TO HERITAGE PRESERVATION COMMISSION MEMBERSHIP. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1. MAYOR KLINZING OPPOSED. B. Ice Arena Commission COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 03-002 AMENDING SECTION 2-251(A) OF THE CITY CODE OF ORDINANCES RELATING TO ICE ARENA COMMISSION MEMBERSHIP. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 3-1. MAYOR KLINZING OPPOSED. City Council Minutes February 10, 2003 ............................. C. Park and Recreation Commission Page 5 COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 03-003 AMENDING SECTION 2-232(A) OF THE CITY CODE OF ORDINANCES RELATING TO PARK AND RECREATION COMMISSION MEMBERSHIP. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1. MAYOR KLINZING OPPOSED. 6. Other Business Councilmember Dietz questioned whether the Council had talked to their appointed department heads in regard to the City Administrator performance review process. He also questioned whether there was a need to hold a closed meeting to discuss information that was received. The Mayor indicated she had not yet met with her appointed department heads but that she would do so within the next week. The Mayor indicated that the issue could be brought up at the next Council meeting. 7. Staff Updates 7.1. Board of Review Meeting The City Clerk indicated that the County Assessor has requested that the Council consider a date for the Board of Review Meeting. The City Clerk suggested April 28, 2003, at 6:30 p.m. The Council consented. The Clerk indicated she would relay the information to the County Assessor. 7.2. Volunteer Recognition The City Clerk informed the Council that the Volunteer Recognition Program has been scheduled for May 1 at Blackwood in Otsego. 7.3. The City Administrator distributed information pertaining to information from the Governor regarding budget cuts (unallotments). He indicated that the there are no direct impacts to the City with the unallotments. 8. Adjournment There being no further business, Mayor I~inzing adjourned the meeting of the Elk River City Council at 8:15 p.m. Sandra Peine City Clerk