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02-22-2005 CC MIN . . . Members Present: Members Absent: Staff Present: Also Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 22, 2005 Acting Mayor Dietz, Councilmembers Motin, Farber, and Gumphrey Mayor Klinzing City Administrator Pat Klaers, Director of Finance and Administrative Services Lori Johnson, Director of Planning TvIichele McPherson, Senior Planner Scott Harlicker, Planner Chris Leeseberg, City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, Streets Superintendent Phil Hals, City Attorney Charlie Wilson, and Recording Secretary Tina Allard Planning Commissioner Dana Anderson 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 Acting Mayor Dietz. 2. Consider 2/22/2005 Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA. MOTION CARRIED 4-0. 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. CHECK REGISTER GENERAL PLANNING PERMIT TO PLANT PLACE, INC. FOR A TEMPORARY GARDEN CENTER-COBORN'S, CASE NO. GP 05-02 GENERAL PLANNING PERMIT TO WAL-MART FOR TEMPORARY GARDEN CENTER, CASE NO. GP 05-02 CHANGE ORDERS PAY ESTIMATES R.J. RYAN CONSTRUCTION REQUEST FOR CONDITIONAL USE PERMIT TO MAXSUN FURNITURE STORE, PUBLIC HEARING- CASE NO. CU 04-39-POSTPONED TO MARCH 21, 2005 REQUEST BY JOEL LARSON FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN TO INCLUDE CERTAIN PROPERTY IN THE URBAN SERVICE AREA, PUBLIC HEARING-CASE NO. LU 04-06- POSTPONED TO MARCH 7, 2005 REQUEST BY JOEL LARSON FOR REZONING FROM RlA (SINGLE FAMILY RESIDENTIAL) TO R3 (TOWNHOUSE/MULTIPLE FAMILY 3.4. 3.5. 3.6. 3.7. 3.8. . . . City Council Minutes February 22, 2005 Page 2 RESIDENTIAL), PUBLIC HEARING-CASE NO. ZC 04-11-POSTPONED TO MARCH 7, 2005 3.9. SCISSORS LIFT AND POWER DECK TRAILER WITH $9,705 OF THE PURCHASE FINANCED WITH THE INSURANCE RESERVE 3.10 AUTHORIZATION TO ADVERTISE FOR PARKS MAINTENANCE POSITION 3.11. AUTHORIZATION TO SEND OUT REQUESTS FOR PROPOSALS FOR THE 2005 PARKS CAPITAL IMPROVEMENT PROJECTS MOTION CARRIED 4-0. 4. Open "Mike Noone appeared for Open "Mike. 5.1. Discuss Sidewalk on 185th Avenue Director of Planning "Michele McPherson stated that residents near the proposed Westbound Liquor store are requesting that the City Council consider installing a sidewalk along 185th Avenue for safe access to a nearby park. She requested Council direction regarding this request. Dale Dhooge, 18647 Lander Street-Stated safety concerns due to the increased traffic that will be created by the new liquor store. He requested the city install a sidewalk for safety reasons and for access to a nearby park. Acting Mayor Dietz stated the liquor store should not increase traffic on 185th Avenue as most of the traffic will be going back to Highway 10. He asked Mr. Dhooge if he and his neighbors are willing to be assessed to have the sidewalk installed. He stated cost concerns about installing the sidewalk now when the road may be rebuilt in a few years and the sidewalk would have to be ripped up and reinstalled. Councilmember Motin questioned if a temporary off-street trail could be installed. Ms. McPherson stated the city would need to review the right-of-way width in the area. Councilmember Gumphrey suggested the staff review the right-of-w~y and cost issues and then to bring this item back at the March 14 workshop meeting. The Council concurred. 5.2. 2005 Pavement Management Program (Street Reconstruction Project)-Public Hearing Consider Resolution Ordering the Improvement and Preparation of Plans and Specifications City Engineer Terry Maurer provided information on the 2005 Street Reconstruction Project. He presented the proposed improvement and assessments and project schedule. Acting Mayor Dietz opened the public hearing. . . . City CouncillVIinutes February 22, 2005 Page 3 John Norgren, 14575 Ranch Road, Big Lake-Speaking on behalf of Emmanuel Lutheran Church, questioned how many residential units the church would be assessed. Mr. Maurer stated the church should have three residential units based on the size of the parcel but he would recommend assessing them for two units as they were assessed $2,400 back in 1988 for the Main Street project. Sture Forsell, 1232 5th Street-Stated a sidewalk is not needed on the north side of 5th Street as d1ere is already one on the opposite side. He stated concerns about maintenance of the sidewalk and liability issues if someone were to slip and fall on the sidewalk. Kenneth Millslagle, 1417 5th Street-Stated he didn't want a sidewalk installed on his street. He is concerned about losing part of his front yard and some trees due to the addition of a sidewalk. Daryl Hartman, 1302 5th Street-Asked what residents needed to do in order to request d1at no sidewalk be installed. Mr. Maurer stated that it has been city policy that new developments put in sidewalks to create pedestrian friendly facilities and when there are street reconstruction projects it has been policy to include the addition of sidewalks in the project for the same reason. Acting Mayor Dietz stated residents could submit a petition or speak at tonight's meeting or the assessment public hearing scheduled for April 18, 2005. Cindy Ege 1730 5th Street-Stated she and three other residents spent some of their own funds to pave a portion of a private road that they access and connects to 5th Street. She questioned how the residents would be affected by the in1provement project. Mr. Maurer recommended that these four residents be assessed for use of 5th Street. He stated the city would repair and pave the road up to the private drive. He stated it is possible that the city could take over the private road, along with the utilities, and include it in the 2005 pavement management project if all the residents were willing to give the necessary easements. Acting Mayor Dietz suggested that Mr. Maurer meet with the four residents regarding the private road to inform them of what the city needs and what options are available to them in order for the city to take over the private road. Wayne Becklin, 1516 5th Street-Stated he would not like a sidewalk installed on his street. He further stated he did not want the Highway 10 access to Seymour Street dosed because he needs it to access the back of his property. Mr. Maurer stated that property owners would still have access to the backs of their properties. Acting Mayor Dietz closed the public hearing. Councilmember Farber questioned what Mn/DOT's timeframe is for closing d1e access points from Highway 10. . . . City Council lvUnutes February 22, 2005 Page 4 Mr. Maurer stated it is Mn/DOT's policy to close off as many access points on the highways as possible and have traffic enter the highways at controlled intersections. He further stated he could not give a timeframe for when Mn/DOT would close the access points. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-14 ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE 2005 STREET RECONSTRUCTION IMPROVEMENT OF 2005. MOTION CARRIED 4-0. Acting Mayor Dietz stated that the Council will likely decide the access and sidewalk issues when the bids are received and when the assessment hearing is held. 5.3. Request by Fisher Sand & Aggregate. LLD for Final Plat (Elk River Crossing 6th Addition). Case No. P 04-22 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated the applicant is requesting final plat approval of Elk River Crossing 6th Addition. She provided an overview of the project. Acting Mayor Dietz questioned why it is recommended that the applicant pay $15,000 for the restriping of Zane Street and 179th Avenue. He stated all business on Zane Street should have to share in the cost. Councilmember Farber concurred. He questioned if the city could assess the businesses on Zane Street. Mr. Maurer stated that due to the property being rezoned and this plat causing additional traffic, he believed that all of Zane Street needed to be restriped. He stated if this site did not develop then there would be no need to restripe Zane Street. Mr. Maurer stated it would not be economically feasible to go through the assessment process for the small amount the project would cost in order to assess all the businesses. Councilmember Motin stated Zane Street should be restriped and the city should cover $7,500. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-15 GRANTING FINAL PLAT APPROVAL FOR ELK RIVER CROSSING 6TH ADDITION, CASE NO. P 04-22 WITH THE FOLLOWING CONDITIONS: 1. THE DESIGN STANDARDS FOR ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT SHALL BE APPLIED TO THE BUILDINGS WITHIN THE PLAT. 2. TEN FEET OF RIGHT-OF-WAY SHALL BE DEDICATED ALONG THE NORTH LINE OF THE PLAT. 3. THE PLAT SHALL HAVE RESTRICTED ACCESS ALONG TWIN LAKES ROAD. . . . City Councill\1inutes February 22, 2005 Page 5 4. THE APPLICANT SHALL PAY $7,500 TOWARDS THE RESTRIPING OF ZANE STREET AND 179TH AVENUE. 5. THE APPLICANT SHALL PROVIDE A 10-FOOT SIDEWALK EASEMENT ALONG THE WEST LINE OF LOT 2, BLOCK 1, ELK RIVER CROSSING 6TH ADDITION. 6. THE APPLICANT SHALL PAY PARK DEDICATION ON THAT PART OF THE PLAT PREVIOUSLY KNOWN AS LOT 1, BLOCK 1, ELK RIVER BUSINESS PARK. SAID DEDICATION SHALL BE PAID AT THE COMMERCIAL RATE AT THE TIME OF THE PLAT RECORDING. 7. CROSS ACCESS EASEMENTS SHALL BE GRANTED BETWEEN THE TWO LOTS FOR THE SHARED ENTRANCE/EXIT FROM 179TH AVENUE FOR CUSTOMER VEHICLES ONLY. 8. CROSS ACCESS EASEMENT SHALL BE GRANTED BETWEEN THE TWO LOTS FOR SERVICE AND DELIVERY VEHICLES FROM INDUSTRIAL CIRCLE. MOTION CARRIED 4-0. 5.4. Request by D.R. Horton for Final Plat (Trott Brook Farms 11 th Addition). Case No. P 05-01 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting final plat approval for Trott Brook Farms 11 th addition. He provided an overview of the project. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 05-16 GRANTING FINAL PLAT APPROVAL FOR TROTT BROOK FARMS 11TH ADDITION, CASE NO. P 05-01 WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . . . City Council IvIinutes February 22, 2005 Page 6 5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 9. GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES. 12. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. MOTION CARRIED 4-0. 5.5. Angie Westermeyer Request for Conditional Use Permit for Home Occupation (Hair Salon). Public Hearing-Case No. CU 04-41 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting a conditional use permit to operate a hair salon at 13808 213'h Avenue. He discussed site layout, hours of operation and the Planning Commission's recommendation. Mr. Leeseberg stated that this home is located in a cluster development that has a shared septic system. Staff is concerned with the impact that chemicals used in the salon may have on this sys tern. Acting Mayor Dietz opened the public hearing. Angie Westermeyer, 13808 213'h Avenue-Stated that it has not been made clear to her by city staff as to whether she could put in holding tanks or a drainfield. She stated that the homeowners association has sent her a letter denying permission to use the shared septic system for her business. Mr. Maurer stated that the Building Department (per building code) does not allow alternative septic systems in Elk River except as a last resort application. . . . City Council Minutes February 22, 2005 Page 7 Councilmember Farber stated the city should look into whether the holding tank or drain field would be viable options for the applicant. Acting Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE CONDITIONAL USE PERMIT FOR A HOME OCCUPATION BASED ON THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL PROVIDE THE CITY OF ELK RIVER WRITTEN PERMISSION FROM THE WINDSOR PARK THIRD HOME OWNERS ASSOCIATION ALLOWING THE USE OF THE SHARED SEPTIC SYSTEM IN REGARDS TO THE REQUEST. 2. THE SALON SHALL COMPLY WITH ALL BUILDING CODE REQUIREMENTS. 3. THE APPLICANT SHALL MEET ALL STATE LICENSING REQUIREMENTS. 4. IF ADDITIONAL WORK STATIONS OR EQUIPMENT ARE TO BE ADDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 5. THERE SHALL BE NO PARKING FOR THE BUSINESS ALLOWED ON THE STREET. MOTION CARRIED 4-0. 5.6. St. Andrew's Catholic Church Request for Conditional Use Permit for Expansion of Existing Facility Public Hearing-Case No. CU 04-38 Senior Planner Scott Harlicker submitted the staff report. Nlr. Harlicker stated the applicant is requesting to remove a structure and construct a new addition to St. Andrew's Church. He discussed the site plan, parking, access, landscaping, and the Planning Commission's recommendation. Acting Mayor Dietz opened the public hearing. Tom Kaempffer, on behalf of St. Andrews-Stated he is concerned about making construction traffic head north to School Street to Highway 169 (toward the Landfill). He stated the church hasn't hired a demolition contractor yet and the contractor may need to go west to Big Lake or possibly another location. He would like the flexibility to discuss the construction traffic route with staff at a later date. Mr. Maurer stated he is concerned with the significant construction traffic in the residential areas near the church. Acting Mayor Dietz closed the public hearing. . . . City Council NIinutes February 22, 2005 Page 8 MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A CONDITIONAL USE PERMIT TO ST. ANDREW'S CHURCH WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE TRAFFIC ROUTE OUTLINED IN THE CITY ENGINEER'S MEMO INCLUDE BOTH DEMOLITION AND CONSTRUCTION TRAFFIC. 3. THE CITY ENGINEER SHALL WORK WITH THE CHURCH ON DETERMINING THE CONSTRUCTION TRAFFIC ROUTE. MOTION CARRIED 4-0. 5.7. Request by William Matthews for Conditional Use Permit for Auto Sales Facility Public Hearing-Case No. CU 04-42 Planner Chris Leeseberg submitted the staff report. Mr. Leeseberg stated the applicant is requesting a conditional use permit for an auto sales business at 950 Highway 10. He discussed site layout, hours of operation, and the Planning Commission's recommendation. Acting Mayor Dietz opened the public hearing. There being no one to speak to this issue, Acting Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITIONS: 1. NO MORE THAN TEN (10) RETAIL AUTOMOBILES SHALL BE ON SITE. 2. IF MORE THAN TEN (10) RETAIL AUTOMOBILES ARE TO BE ON SITE, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. THE DISPLAY AREA FOR TEN (10) RETAIL CARS SHALL BE CLEARLY DESIGNATED IN THE LOCATION AS SHOWN ON THE SUBMITTED SITE SKETCH. 4. IF THE DISPLAY AREA IS TO BE RELOCATED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 5. THE DISPLAY AREA SHALL MAINTAIN A 10-FOOT SETBACK FROM ALL PROPERTY LINES. MOTION CARRIED 4-0. . . . City Council &1inutes February 22, 2005 Page 9 5.8. Request by Commonweal Development for Preliminary Plat Approval (Carson Business Park). Public Hearing-Case No. P 04-11 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting preliminary plat approval to subdivide 10.59 acres (at Highway 169 and Main Street) into 5 lots and 1 outlot. He discussed site conditions, access issues, traffic impacts, and the Planning Commission's recommendation. Acting Mayor Dietz opened the public hearing. Dan Clumpner, Commonweal Development-Stated he has done a great deal in compromising with the city on this project. He stated he was willing to do more in order to address the concerns of the city. He stated he has revised his proposal and provided the Council with a handout comparing the trip generations for p.m. peak hours that compares the difference between his original proposal and his two revised proposals. Mr. Clumpner stated he was willing to look at other uses for the site but would like to keep a retail component. He suggested the city consider a Centerpoint Diamond interchange option for the Main Street/Highway 169 intersection. He further stated he would be willing to consider a sunset provision limiting the uses on the site until the traffic issues for the area have been resolved. Councilmember Farber questioned the city engineer as to what improvements are needed on Main Street. Mr. Maurer stated that improvements can't be made without involving the highway and Mn/DOT. He stated all other issues are close to being resolved for this plat with the exception of traffic. Discussion was held on how to control the left turns in and out of this site. It was agreed by all parties that there is not a good solution for limiting the traffic impact on Main Street from Highway 169 to Carson Street. Dana Anderson, Planning Commissioner-Stated the Commission also had concerns about affecting the existing businesses on the north side of Main Street. He questioned if the Council were to limit the level of the traffic generation development from this site, how they would monitor the traffic in and out of the site. Aravind Gottemukula, Benshoof and Associates-Stated the speeds in the area were low. He discussed the short queues and long queues at Main Street and Carson Street. He stated blockage at this intersection would be short queues most of the time. He stated there may be a 15 minute period during the peak a.m. and p.m. hours where tl1e queues would be lengthier. City Attorney Charlie Wilson stated that if this plat is denied the Council should bring it back at another meeting in order for staff to provide written findings. Acting Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO TABLE THIS ITEM TO THE APRIL 4, 2005 CITY COUNCIL MEETING IN ORDER FOR THE PLANNING COMMISSION TO REVIEW THE REVISED TRIP GENERATIONS FOR THIS SITE, THE IMPACT OF THE TRIP GENERATIONS, AND WHAT IMPROVEMENTS CAN BE MADE TO ADDRESS THE TRAFFIC ISSUES. MOTION CARRIED 4-0. . . . City Council IvUnutes February 22, 2005 Page 10 5.9. Consider Proposals to Complete Master Grading Plan for Public \Vorks Site Director of Planning Michele McPherson stated proposals have been received for preparation of the master grading plan for the Public \Vorks site. The bids ranged from $15,620 to $33,754. Councilmember Farber stated he would be fIne with the $15,620 bid from John Oliver and Associates as long as no change orders were allowed. Acting Mayor Dietz stated he is concerned about accepting a bid that was less than half compared to the other bids. Councilmember Farber and Gumphrey concurred. Streets Superintendent Phil Hals stated he contacted John Oliver to discuss their low bid and to make sure they understood what was expected of them. He stated he gave them the opportunity to withdraw their bid before it was awarded but John Oliver stated they understood what was expected and declined to withdraw. Acting Mayor Dietz questioned Mr. Maurer as to why Howard R. Green didn't submit a bid for the project. Mr. Maurer stated he did not bid on the project but submitted a quote to the city administrator of what Howard R. Green would have bid on the project. He stated he did not bid on the project because of a concern that the estimate prepared in fall of 2004 for project budget purposes was mistaken as a quote and how it would be perceived if he now submitted a quote substantially lower. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ACCEPT THE BID FROM JOHN OLIVER AND ASSOCIATES IN THE AMOUNT OF $15,620 WITH NO CHANGE ORDERS ALLOWED FROM THE CONTRACTOR. MOTION CARRIED 3-1. Acting Mayor Dietz opposed. Acting Mayor Dietz stated he hoped everyone learned a lesson from this situation and that it would not happen again. Councilmembers Farber and Gumphrey concurred. Councilmember Motin disagreed. He stated that since he has been on the Council there has never been a review of comparable engineering quotes from other fIrms. He stated that this exercise did not necessarily meet the objective either. 5.10. Consider Zane Avenue Right of\Vay Easement-Wal-Mart Expansion Proposal Mr. Maurer stated he has been working with Wal-Mart on obtaining right-of-way so the city can complete a 3-lane confIguration on Zane Street. He stated if the city takes any right-of way, then the Wal-Mart parking lot would be non-conforming. He stated the city could request a 10' sidewalk easement onto Wal-Mart's property, which would allow the city to expand Zane Street for the 3-lane striping. . . . City Council NIinutes February 22, 2005 Page 11 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE CITY OBTAINING A 10' SIDEWALK EASEMENT FROM WAL-MART. MOTION CARRIED 4-0. 5.11. Consider Quotes for Environmental Abatement at the ERlvfU Building Mr. Maurer stated he has received two quotes for the abatement of hazardous materials from the former Elk River Municipal Utilities building at 322 King Avenue prior to its demolition. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ACCEPT THE QUOTE FROM VEIT ENVIRONMENTAL, INC. IN THE AMOUNT OF $7,840. MOTION CARRIED 4-0. 6.1. Consider Temporary Tobacco License for Majdi Almadien Director of Finance and Administrative Services Lori Johnson stated the Majdi Almadien, who is leasing space for his store Jackson's Shop, is delinquent in paying $3,950 in property taxes. She stated that Mr. Almadien was issued a temporary tobacco license until February 24,2005, in order to give him time to pay the taxes. Mr. Almadien is requesting another extension on the tobacco license so that he can work with the owner of the building to get the taxes paid. Acting Mayor Dietz questioned why Mr. Almadien needs to wait for the building owner in order to pay for the taxes as it clearly stated in his lease agreement that he is responsible for the tax payment. MOVED BY ACTING MAYOR DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO EXTEND THE TEMPORARY TOBACCO LICENSE TO JACKSON'S SHOP TO APRIL 15, 2005 AND IF THE $3,950 PROPERTY TAXES ARE NOT PAID BY THIS DATE, THEN THE TOBACCO LICENSE WILL BE REVOKED. MOTION CARRIED 3-1. Councilmember Morin opposed. 6.2. Consider Proposal for a Private School Facility Project Pursuant to MN Law. Public Hearing Ms. Johnson stated the Church of St. Andrew's is requesting city financing in tax exempt bonds for the construction of non-religious portions of the St. Andrew's school. She stated a public hearing is scheduled tonight for $1.5 million in bonds but that the church has since requested to increase the amount to $2.5 million. She stated another public hearing will need to be held for the increased bond amount. Acting Mayor Dietz opened the public hearing. Tom Kaempffer, Church ofSt. Andrews-Stated the church asked their contractor for a project cost estimate but then when the church finalized the project more, they went back to their contractor for a more firm cost estimate and the project came out at $2.5 million. Acting Mayor Dietz closed the public hearing. . . . City Council Minutes February 22, 2005 Page 12 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-17 GIVING PRELIMINARY APPROVAL TO A PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 469.154, AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT AND THE PREPARATION OF NECESSARY DOCUMENTS (ST. ANDREW SCHOOL PROJECT). MOTION CARRIED 4-0. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 05-18 CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A PRIVATE SCHOOL FACILITY PROJECT PURSUANT TO MINNESOTA LAW, AND AUTHORIZING PREPARATION AND PUBLICATION OF A NOTICE OF THE HEARING. MOTION CARRIED 4-0 6.3. Parks & Recreation Update Parks and Recreation Director Bill Maertz provided an update of activities for the past month as outlined in his staff report. 6.5. YMCA Update-Mayor Klinzing Mayor Klinzing was not at the YMCA meeting so Parks and Recreation Director Bill Maertz provided an update. Mr. Maertz stated the YMCA is working with the Boys & Girls Club and with Sherburne County Social Services on programming. Acting Mayor Dietz questioned if the city has been approached by anyone regarding the purchase of the Elk River Country Club and whether it would be a good revenue source. Mr. Maertz stated it is difficult to determine if the golf course would be a good revenue source without looking at its financials. 6.4. Utilities Update. Acting Mayor Dietz Acting Mayor Dietz provided an update of the Elk River Municipal Utilities meeting held on February 8, 2005. 7. Other Business 7.1. Set Board of Equalization Meeting and Discuss Who Will Attend Mandatory Training Ms. Johnson stated it is now mandatory to have at least one voting Councilmember attend training for the Board of Appeal and Equalization process. She stated the City of Elk River Board of Appeal and Equalization meeting should also be scheduled. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO CALL A SPECIAL BOARD OF APPEAL AND EQUALIZATION MEETING TO BE HELD AT THE SHERBURNE COUNTY GOVERNMENT CENTER ON MONDAY, APRIL 25, 2005. MOTION CARRIED 4-0. . . . City CouncillYfinutes February 22, 2005 Page 13 MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO CALL A SPECIAL MEETING FOR MONDAY, FEBRUARY 28, 2005, AT THE SHERBURNE COUNTY GOVERNMENT CENTER FOR THE PURPOSE OF ATTENDING BOARD OF APPEAL AND EQUALIZATION TRAINING. MOTION CARRIED 4-0. MOVED BY ACTING MAYOR DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO HAVE COUNCILMEMBER FARBER AND COUNCILMEMBER GUMPHREY AND POSSIBLY OTHER COUNCILMEMBERS ATTEND BOARD OF APPEAL AND EQUALIZATION TRAINING ON FEBRUARY 28,2005 AT 6:30 P.M. MOTION CARRIED 4-0. 8. Staff Updates City Administrator Pat Klaers asked for clarification on whether work on a total trip generation cap agreement was included in the motion for Commonweal Development. The Council concurred that it was included. 9. Adjournment There being no further business, Acting Mayor Dietz adjourned the meeting of the Elk River City Council at 10:20 p.m. 1vfinutes prepared by Tina Allard .fk> I /:I?.d, -/j / (/ pv:1l/ / -.~ Joan Schmidt i , City Clerk