Minutes - Public Works Committee - 01/21/2003

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Councilmember Strommen stated that she had a huge concern with discussing feasibility without looking at potential lead contamination on the gun club property. She noted that there is extensive case law regarding lead. Councilmember Zimmerman stated that he felt that a request of this magnitude at this time was premature. The zoning is not appropriate and there are to many unanswered questions. Principal City Engineer Olson stated that he would like to defer the question of it the request is premature or if the City can deny the request to the City Attorney since the City did receive a formal request in writing and the developers are paying the entire cost of the study. He noted that the lead contamination issue was not considered in the $8,500 not to exceed amount. Councilmember Cook inquired as to whom would be responsible for the sewer and water comprehensive plan being updated. Principal City Engineer Olson replied that the City has been talking for some time about the need to update the plan and the City did receive a recommendation from Bolten and Menk last year to update the study. Councilmember Kurak agreed that it was premature to extend such an extensive infrastructure through the City especially with the town center project soon starting. She noted that she did try and contact the City Attorney regarding this issue but was unable to do so. It was her assumption that if the developers are willing to pay for the feasibility study she did not think they could deny the request. She inquired if all of the item listed in the Bolten and Menk letter were included in the $8,500 cost. Principal City Engineer Olson replied yes. Councilmember Kurak stated that before she would be comfortable proceeding with the study she would require there to be an escrow fund in place with the City prior to letting the contract. She felt that the City should have some type of legal document stating the intentions o fboth parties including the cost of staff time. Councilmember Strommen stated that the potential lead contamination has to be part of the feasibility study. Principal City Engineer Olson stated that he would contact Bolten and Menk to see if lead contamination can be included in the study and what the additional cost would be. He would than contact the developers to see if they are willing to pay the additional cost. He also recommended that any action be contingent upon the development escrow being put in place with the City to cover all costs of the feasibility study included staff time. Councilmember Kurak requested verification that the City will not be required to put any pipes in the ground even if the feasibility comes back favorable. Public Works Committee/January 21, 2003 Page 7 of 11