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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.