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05-15-2006 CC MIN . Members Present: Members Absent: Staff Present: Also Present: MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 15, 2006 Mayor Klinzing, Councilmembers Dietz, Motin, Farber (left early due to family emergency), and Gumphrey None City Administrator Lori Johnson, Community Development Director Scott Clark, Planner Chris Leeseberg, City Engineer Terry Maurer, Parks and Recreation Director Bill Maertz, City Attorney Peter Beck, and Recording Secretary Tina Allard Planning Commissioner Brad Stevens Parks and Recreation Commissioner Michael Nizolek 1. Call Meeting To Order . 2. 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. Consider 5/15/2006 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. 3.4. 3.5. 3.6. . MINUTES. · 4/24/06 BOARD OF APPEAL AND EQUALIZATION. · 5/1/06 REGULAR. · 5/1/06 EXECUTIVE SESSION. · 5/8/06 WORKSESSION. CHECK REGISTER. PAY ESTIMATES (ACCORDING TO REVISED MEMO DISTRIBUTED AT MEETING). PAYMENT OF $20,661.12 FROM THE INSURANCE RESERVE TO LEAGUE OF MN CITIES INSURANCE TRUST FOR BUILDER'S ASSOCIATION OF TWIN CITIES LAWSUIT. TRANSIENT MERCHANT LICENSE TO GEORGE VANDERLOOP. TEMPORARY ON-SALE 3.2% MALT LIQUOR LICENSE FOR JULY 4, 2006 AT LAKE ORONO PARK TO ELK RIVER AREA CHAMBER OF City Council Minutes May 15, 2006 3.7. 3.8. 3.9.A. 3.9.B. 3.9.C. 3.9.D. 3.10. 3.11. 3.12. Page 2 COMMERCE CONTINGENT UPON RECEIVING LIABILITY AND DRAM SHOP INSURANCE. ANNUAL LIQUOR LICENSE RENEWALS AS OUTLINED IN THE STAFF REPORT. ADOPT RESOLUTION 06-62 APPOINTING ALTERNATE REPRESENTATIVES FOR THE CITY OF ELK RIVER TO THE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY. ADOPT AMENDED CITY BUSINESS SUBSIDY POLICY. ADOPT AMENDED TAX ABATEMENT POLICY. ADOPT AMENDED TAX INCREMENT FINANCING POLICY. ADOPT AMENDED ECONOMIC DEVELOPMENT MICRO LOAN FUND POLICY. CONDITIONAL USE PERMIT FOR WILLIAM MATTHEWS FOR AUTO SALES/RESTORATION, CASE NO. CU 06-11 POSTPONED TO JUNE 13, 2006. RESOLUTION 06-63 GRANTING FINAL PLAT APPROVAL FOR JABEZ, CASE NO. P 06-06 WITH THE FOLLOWING CONDITIONS: 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE PROVIDED ALONG 171sT AVENUE IN THE AREA OF THE EXISTING HOUSE. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PARK DEDICATION FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR 8.05 ACRES PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 5. SURFACE WATER MANAGEMENT FEE, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 7. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL. RESOLUTION 06-64 GRANTING FINAL PLAT APPROVAL FOR PRESTIGIOUS WOODLAND HILLS SECOND ADDITION, CASE NO P 06-09 WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS SHALL BE IN PLACE . . . City Council I\1inutes May 15, 2006 Page 3 . OVER THE WETLAND AND THE WETLAND MITIGATION AREAS. 4. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND MITIGATION AREAS. 5. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 6. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 7. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 8. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 9. 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 THE PERIOD OF ONE YEAR. 10. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 11. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. ALL MAILBOXES BE CLUSTERED. 15. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 16. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. IF APPLICABLE, THE DEVELOPER SHALL WORK WITH THE CITY ON AN OAK WILT SUPPREESION PROGRAM. THIS PROGRAM SHALL BE APPROVED AND IN PLACE PRIOR TO ANY TREE REMOVAL. . MOTION CARRIED 5-0. 4. Open Mike . Marcia Moen, 19227 Tyler Street-Requested the city purchase her property due to the proposed 193rd Avenue corridor that may impact her property. City Council Minutes May 15, 2006 Page 4 Councilmember Dietz stated it may be premature for the city to consider buying the Moen property because the final layout of the corridor hasn't been determined. . Steve Rohlf, 12821 188th Avenue-Stated it was a privilege and an honor to work with Joan Frick, who will be retiring after 20 years of service to the city. 5.1. Proclamation-May 19. 2006 as Joan Frick Day Ms. Johnson stated Joan Frick is a loyal, dedicated, and ethical employee and it is difficult to see her retire after providing 21 years of service to the city. She introduced Mechell Turok who would be taking over Joan's position as Senior Accounting Clerk. Mayor Klinzing read a proclamation in which May 19, 2006 is proclaimed as Joan Frick Day. She handed Ms. Frick the proclamation and thanked her for her years of service. Ms. Frick stated it was a pleasure and a challenge working for the city. 6.1. Highland Road Improvement-Assessment Hearing Mr. Maurer discussed the assessments for the Highland Road Improvement project. He reviewed the property owner's rights regarding the MN Statute 429 appeal process. Mr. Maurer reviewed the estimated project cost, financing, proposed assessment schedule, and timeline of the project. Mr. Maurer stated there was one unit that was assessed incorrecdy. He stated the property at 11847 Highland Road (75-428-0610) was assessed as a duplex but should be assessed as a single unit. . Mr. Maurer further stated there has been some confusion regarding installation of sanitary sewer on the western portion of Highland Road. He stated this section of road would not receive sanitary sewer in this project because it would not be feasible due to the depth of sewer coming from the east. He stated sanitary services for this area would have to come from the west side of Proctor Road in the Cherrywood Hills Addition. Due to the cost of opening a good street (194th Avenue) and crossing under Proctor Road, this portion of sanitary sewer was not included in the feasibility report. Mayor Klinzing opened the public hearing. Michael Medin, 12125 Highland Road-Stated he is disappointed that the sanitary sewer would not be coming to the west end of Highland Road at this time. There being no one else to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-65 ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE HIGHLAND ROAD IMPROVEMENT OF 2006 WITH THE FOLLOWING CONDITION: 1. THE PROPERTY AT 11847 HIGHLAND ROAD (75-428-0610) BE ASSESSED AS A SINGLE UNIT ($6,500). . . . . 6.3. City Council Minutes May 15, 2006 Page 5 MOTION CARRIED 5-0. Councihnember Farber stated he had to leave due to a family emergency. He requested staff complete a cost analysis for including sanitary sewer for the west end of Highland Road in this improvement project and report back when construction bids are considered. 6.2. Simple Plat (Shores of Briarwood Second Addition) by Dynamics Design & Land Company, Case No. P 06-08 Mr. Leeseberg stated the applicant is requesting to create a single lot from an outlot in the Shores of Briarwood. Councihnember Motin expressed concerns about the lot being near an old dump. He questioned if annual testing is being done at the dump. Mr. Maurer stated he doesn't believe there is a dump in the area. He stated there is a Department of Transportation (DOT) site that is used as a storage area and for gravel tn11llng. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-66 GRANTING FINAL PLAT APPROVAL FOR SHORES OF BRIARWOOD SECOND ADDITION, CASE NO. P 06-08 WITH THE FOLLOWING CONDITIONS: 1. ALL REQUIRED SUBDIVISION/PARK INFORMATION SHALL BE PROVIDED IN AN ELECTRONIC FORMAT (.DWG FILE) AS REQUIRED BY THE CITY ORDINANCE AND LAND USE APPLICATION PRIOR TO RECORDING OF THE PLAT. 2. SURFACE WATER MANAGEMENT IMPACT FEE SHALL BE PAID AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. 3. TRUNK SANITARY SEWER AND WATER ASSESSMENT SHALL BE PAID AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. 4. PARK DEDICATION SHALL BE IN THE FORM OF CASH, FOR ONE (1) LOT, AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT APPROVAL. 5. LOT 1, BLOCK 1 WILL BE REQUIRED TO HOOK UP TO CITY SEWER AND WATER. 6. THE PROPERTY MUST BE ACCESSED FROM POLK STREET. MOTION CARRIED 4-0. Kevin/Kyleen Reiners for Conditional Use Permit to Allow Additional Horses. Public Hearing-Case No. CU 06-08 Mr. Leeseberg stated the applicant is requesting a conditional use permit to allow 15 horses on a 10 acre site. He provided an overview of the request as outlined in his staff report. City Council Minutes May 15, 2006 Page 6 Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT CU 06-08 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE ENVIRONMENTAL ADMINISTRATOR SHALL BE ADDRESSED. 2. NO MORE THAN 15 HORSES SHALL BE ALLOWED ON THE PROPERTY. 3. ONE-HALF ACRE OF FENCED PASTURE LAND PER HORSE SHALL BE PROVIDED AND INDICATED ON A SITE PLAN TO BE SUBMITTED TO THE CITY OF ELK RIVER. 4. NO MORE THAN 15 HORSES AT A TIME SHALL BE PASTURED. 5. MANURE SHALL BE STOCKPILED ON AN IMPERVIOUS SURFACE, COVERED, WITH SIDE WALLS AS TO CONTAIN LIQUID AND PREVENT RUN OFF. 6. MANURE SHALL NOT BE STOCKPILED OUTDOORS FOR MORE THAN 7 DAYS. . 7. ALL MANURE (SOLID OR LIQUID) SHALL BE DISPOSED OF OFF- SITE IN ACCORDANCE WITH MPCA REGULATIONS. 8. IF THE CITY FINDS THAT THE MANURE AND OTHER WASTE MATERIALS CREATE A NUISANCE BY ATTRACTING FLIES, OTHER INSECTS, RODENTS, OR BY CREATING OFFENSIVE ODORS, THE CITY MAY ORDER THAT THE MANURE AND OTHER WASTE MATERIALS BE REMOVED ON A MORE FREQUENT SCHEDULE. MOTION CARRIED 4-0. 6.4. River of Life Church Extension ofInterim Use Permit and Additional Temporary Classrooms. Public Hearing-Case No. CU 06-09 Mr. Leeseberg stated the applicant is requesting an interim use permit to place two portable classrooms on the north side of their existing building valid until 2010. He stated they are also requesting an extension of their existing interim use permit to 2010. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz expressed concern with the length of time for the interim use permit. He questioned if the city had a standard timeframe for these permits and how long the interim use permit was given for the Elk River High School. He would like to see these . City Council Minutes May 15, 2006 Page 7 . permits have a consistent length of time and stated the applicant can always come back to the city for an extension. Arthur Swanson, Facilities Administrator for the church-Stated they requested four years on the permit because it would take at least two years to complete the planning/drafting stages for the church addition. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE CONDITIONAL USE PERMIT CU 06-09 WITH THE FOLLOWING CONDITIONS: 1. ALL THREE PORTABLE OFFICE/CLASSROOMS SHALL BE REMOVED BY SEPTEMBER 1, 2008. 2. IF AN EXTENSION TO THE SEPTEMBER 1, 2008 DATE IS REQUIRED, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE INTERIM USE PERMIT. 3. THE TOTAL SQUARE FOOTAGE OF ALL THREE PORTABLE OFFICES SHALL NOT EXCEED 2,750 SQUARE FEET. 4. IF THE LOCATION OF ANY OF THE PORTABLE OFFICE/CLASSROOMS IS CHANGED, THE APPLICANT SHALL APPLY FORAN AMENDMENT TO THE INTERIM USE PERMIT. . 5. ALL COMMENTS FROM THE FIRE CHIEF SHALL BE ADDRESSED. 6. ALL THREE PORTABLE OFFICE/CLASSROOMS SHALL MEET ALL BUILDING AND FIRE CODES. MOTION CARRIED 4-0. Councilmember Dietz requested staff complete research on timeframes for past interim use permits and come back to Council with an update. 6.5. Michael Elzufon for a Conditional Use Permit to Amend the Planned Unit Development for Jackson Street Villas. Public Hearing-Case No CD 06-10 Mr. Leeseberg stated the applicant is requesting a conditional use permit to remove brick from the ends of all the buildings in his planned unit development, Jackson Street Villas, which was approved in January 2005. He stated the applicant would like to remove the bricks in order to make the units more affordable. Mr. Leeseberg stated that at the Planning Commission meeting the applicant suggested a compromise of wrapping the brick two feet around the edges of all the units. Mr. Leeseberg stated staff recommends that eight of the end units with public exposure maintain the originally required brick treatment, resulting in only one-quarter of the end units requiring brick. Mayor Klinzing opened the public hearing. . Michael Elzufon, applicant, provided a handout of other developments in Elk River. He stated he needed to reduce his costs in order to make the townhome units more affordable. City Council Minutes May 15, 2006 Page 8 There being no on else to speak to this issue, Mayor Klinzing closed the public hearing. . The applicant stated he is not in agreement with condition #1 in staffs recommendations. Mr. Clark discussed four possible options for Council to consider: 1. Keep the brick according to the original conditional use permit approved in 2005; 2. follow the Planning Commission and staffs recommendation to brick about 25 percent, which is eight ends of eight units of the total 32 that are publicly exposed; or 3. follow the applicant's suggestion to have two foot of brick wraparound the ends of all the units; or 4. create a new option. Councilmember Dietz stated he concurs with staffs recommendation because the townhomes would be highly visible in the downtown area. He stated the city is already compromising quite a bit by conceding to only eight units having brick installed on the sides. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT, CD 06-10 WITH THE FOLLOWING CONDITIONS 1. THE END OF UNITS 1, 30, 31, 38, 39, 64, 65, AND 76 SHALL MAINTAIN THE ORIGINALLY REQUIRED BRICK TREATMENTS. 2. THE DECKS MAY BE UP TO TWO (2) FEET WIDER AND TWO (2) FEET DEEPER THAN THE ORIGINALLY APPROVED PLANS. . 3. ALL OTHER REQUIREMENTS OF THE ORIGINAL CONDITIONAL USE PERMIT, EXCEPT #21, SHALL REMAIN THE SAME. MOTION CARRIED 4-0. 6.6. Wilkus Architects on Behalf of Caribou Coffee for a Conditional Use Permit to Allow Drive-thru Facility at Coborn's. Public Hearing-Case No. CD 06-13 Mr. Leeseberg stated the applicant is requesting a conditional use permit for a drive lane for a drive thru window that was already approved with a previous conditional use permit. He discussed the layout and Planning Commission's recommendation. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councilmember Dietz questioned if the proposed medical facility adjacent to the drive thru would be affected. Mr. Leeseberg stated no. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE CONDITIONAL USE PERMIT CU 06-13 WITH THE FOLLOWING CONDITIONS: . City Council Minutes May 15,2006 . Page 9 2. TWO WALL SIGNS, AS SHOWN ON THE DRAWING A2.0 DATED 3/27/2006, SHALL BE ALLOWED AND SHALL NOT EXCEED 40 SQUARE FEET EACH. 3. SIGN PERMITS ARE REQUIRED PRIOR TO THE SIGNS BEING INSTALLED. 4. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 5. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. MOTION CARRIED 4-0. 6.7. Barton C. Wells. LLC for Conditional Use Permit for Auto Repair/Sales. Public Hearing- Case No. CU 06-12 Mr. Leeseberg stated the applicant is requesting a conditional use permit to operate a shop for specialty cars. He discussed building layou't, parking, landscaping, and the Planning Commission's recommendation. Mr. Leeseberg stated the septic system is non-compliant and would have to be brought up to code. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. . MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE CONDITIONAL USE PERMIT CU 06-12 WITH THE FOLLOWING CONDITIONS: 1. 2. 3. 4. 5. 6. 7. . 8. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. THERE SHALL BE NO OVERNIGHT OUTSIDE STORAGE OF VEHICLES. THERE SHALL BE NO REPAIR OR MAINTENANCE OF VEHICLES OUTSIDE OF THE BUILDING. A CITY APPROVED SEPTIC MONITORING SYSTEM SHALL BE DESIGNED AND INSTALLED WITH THE NEW SEPTIC SYSTEM. ALL DOORS OF THE FACILITY SHALL BE KEPT CLOSED AT ALL TIMES EXCEPT FOR THE PASSAGE OF PEOPLE OR VEHICLES. THE LEVEL OF NOISE FROM THE BUILDING SHALL NOT EXCEED CITY ORDINANCE LEVELS. IF THE FURTHEST EAST STALLS ARE NOT NEEDED FOR THE FACILITY THAT THEY SHOULD BE REMOVED. City Council Minutes May 15, 2006 Page 10 MOTION CARRIED 4-0. . 6.8. Resolution to Vacate Certain Drainage & Utility Easements in Kingdom Estates. as Requested by James/Stephanie Zaczkowski, Public Hearing-Case No. EV 06-03 Mayor Klinzing is the applicant and stated that the Acting Mayor had to leave the meeting early due to a family emergency. She questioned the Council if they had any objections to her running this item but not making comment as the Mayor and not voting on this item. There were no objections. Mr. Leeseberg stated the applicant is requesting to vacate drainage and utility easements. Mr. Leeseberg stated this is a simply housekeeping issue. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-67 FOR VACATING A DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 06-03. MOTION CARRIED 3-0. 6.9. 2006 Bituminous Overlay Improvement (Consider Additional Areas) Pending Motion (from Mqy 8. 2006 Council Meeting) for the Engineer to Cancel the Hiring ~f an Appraiser to Determine Maximum Assessments for Sanitary Sewer. Water. and Permanent Streets for Naples Street/ 186th Avenue and to Include that Area in the 2006 Overlay Prqiect Mr. Maurer stated the Council is considering adding the Naples Street/186th Avenue area to the 2006 Bituminous Overlay project. He stated the Street Department would also like to include a portion of 1911/2 Avenue in this improvement project. He stated the addition of these two projects would not have a significant effect on the proposed assessment rate. . MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO RESCIND THE PENDING MOTION BUT TO INCLUDE THE AREA OF NAPLES STREET /186TH AVENUE AND A PORTION OF 1911/2 AVENUE IN THE 2006 OVERLAY PROJECT. MOTION CARRIED 4-0. A. Resolution Ordering Preliminary Feasibility Report Amendment MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-68 ORDERING A PRELIMINARY FEASIBILITY REPORT AMENDMENT IN THE MATTER OF THE BITUMINOUS OVERLAY IMPROVEMENT OF 2006. MOTION CARRIED 4-0. B. Resolution Receiving the Feasibility Report Amendment and Ordering a Public Hearing MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-69 RECEIVING THE FEASIBILITY REPORT AMENDMENT AND ORDERING . . . . City Council Minutes May 15, 2006 Page 11 RECEIVING THE FEASIBILITY REPORT AMENDMENT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE BITUMINOUS OVERLAY IMPROVEMENT OF 2006. MOTION CARRIED 4-0. c. Resolution Ordering the Preparation of Plans and Specifications MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-70 ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE BITUMINOUS OVERLAY AMENDMENT IMPROVEMENT OF 2006. MOTION CARRIED 4-0 D. Resolution Determining Assessed Cost and Ordering Preparation of Proposed Assessment Roll MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-71 DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF THE BITUMINOUS OVERLAY AMENDMENT IMPROVEMENT OF 2006. MOTION CARRIED 4-0. E. Resolution Establishing the Date for the Assessment Hearing MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-72 ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE BITUMINOUS OVERLAY AMENDMENT IMPROVEMENT OF 2006. MOTION CARRIED 4-0. Councilmember Gumphrey stated he would like to see the potholes addressed on these streets prior to the start of this project. Mr. Maurer indicated that the Street Department crew would be doing that. 7.1. Nominations for Sherburne County Economic Development Entity Committee Ms. Johnson stated Sherburne County is looking for committee members for reviewing the type of entity appropriate for a county economic development service provider to guide the county's recently adopted economic development strategic plan. She reviewed the nominees who expressed interest as outlined in the staff report and further stated Jeff Gongoll would be interested in serving on the committee. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO SUGGEST THE FOLLOWING NOMINEES FOR THE SHERBURNE COUNTY ECONOMIC DEVELOPMENT ENTITY COMMITTEE: · JERRY GUMPHREY · STEWART WILSON · PAT DWYER · CATHERINE MEHELICH · JEFF GONGOLL City Council Minutes May 15, 2006 Page 12 MOTION CARRIED 4-0. . 7.2. Babcock Park Maintenance Agreement with Mn/DOT Mr. Maertz stated Mn/DOT would no longer be maintaining Babcock Park. He stated the city would be interested in maintaining the park due to its amenities and historical significance. He discussed the financial impact to the city. He stated approval should be contingent upon attorney review. Councilmember Dietz questioned why Mn/DOT won't deed the park to the city. Mr. Maertz stated Mn/DOT would like to keep the park so it can be used as a staging area for future work on TH 169. Councilmember Motin questioned the city's ability to replace structures when they don't own the park. Mr. Maertz stated language could be worked out in the maintenance agreement. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO AUTHORIZE THE CITY TO ENTER AN MAINTENANCE AGREEMENT WITH MN/DOT FOR BABCOCK MEMORIAL PARK SUBJECT TO CITY ATTORNEY APPROVAL. MOTION CARRIED 4-0. 7.3. Rivers Edge Commons Update . Mr. Maertz stated the low bid for construction of Rivers Edge Commons Park is $1,058,047, which is much higher then the city's original estimate of $793,000. He requested direction from Council on where to proceed with funding on this project. Mr. Maertz discussed options for the Council to consider as outlined in his staff report. He stated the concrete work came in high on all the bids received. He stated another option is to phase in the project but this may cost more in the long-term. Councilmember Dietz stated staff needs to come as close as possible to the original $793,000 estimate. He stated a million dollars is too much to spend for this project. Councilmember Motin concurred. Mayor Klinzing agreed with getting the main structures installed first and adding the amenities as a later date. Mr. Maertz stated he would work with the contractor on change orders to reduce costs. He suggested getting sponsors to build the gazebo. 7.4. Consider Adoption of Credit Card Policy Ms. Johnson reviewed a proposed credit card policy. She stated the city is required to adopt a credit card policy before obtaining credit cards. . . . . City Council :Minutes May 15,2006 Page 13 MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT THE CREDIT CARD POLICY OUTLINED IN THE STAFF REPORT. MOTION CARRIED 4-0. 7.5. Prosecuting Attorney Committee Verbal Update Councilmember Motin stated the committee has met and decided something needs to be done with regards to the Prosecuting Attorney's office. He stated the issues are that fines are not being collected and revenue projections were overestimated. He stated the city needs to complete a cost analysis to determine if they should eliminate the department and contract out to an independent law firm. He further stated the committee is open to considering any other options. 7.6. July 3. 2006 City Council Meeting MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO CANCEL THE JULY 3,2006 REGULAR CITY COUNCIL MEETING. MOTION CARRIED 4-0. 8. Other Business There was no Other Business. 9. Council Updates Councilmember Gumphrey stated the YMCA and city staff are working on options for a referendum. Councilmember Motin questioned when the public would be able to vote on this referendum. Councilmember Gumphrey stated they are hoping to get the referendum on the Primary Election ballot but will have to move quickly due to election deadlines. Councilmember Dietz provided an update of the Library Board meeting held April 25, 2006. 10. Staff Updates There were no Staff Updates. Councilmember Gumphrey questioned the status of $2 million dollars in funds available at the county and when the city would be able to access it. Ms. Johnson stated the city has not heard anything from the county regarding these funds. She stated the county is most likely still working on setting up the program. City Council Minutes May 15, 2006 Page 14 11. Adjournment There being no further business, Mayor I<Jinzing adjourned the meeting of the Elk River City Council at 8:15 p.m. Minutes prepared by Tina Allard lr:!ft~ J, n. chrnidt qrylClerk . . .