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07-17-2006 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 17, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz, Motin, Farber, and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart, Planner Chris Leeseberg, Street Superintendent Phil Hals, City Clerk Joan Schmidt, City Attorney Peter Beck, and Recording Secretary Tina Allard Also Present: Planning Commissioner Kevin Scott 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 6:45 p.m. by Mayor Klinzing. 2. Consider 7/17/2006 Agenda Councilmember Motin added prosecutor's office update to Staff Updates. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. 3. . Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. CHECK REGISTER 3.2. PAY ESTIMATES 3.3. REQUEST BY WILLIAM MATTHEWS FOR CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES, PUBLIC HEARING-CASE NO. CU 06-11, CONTINUED TO AUGUST 21, 2006 3.4. RESOLUTION 06-90 ACKNOWLEDGING CONTRIBUTIONS TO THE CITY OF ELK RIVER [ARCHAEOLOGICAL DIG] 3.5. CONDITIONAL USE PERMIT FOR ABRA AUTO BODY & GLASS, CASE NO. CU 04-19 EXTENDED TO AUGUST 16, 2007 MOTION CARRIED 5-0. Councilmember Dietz stated he was informed by an employee at the post office that the post office will not be moving to the intersection of Line Avenue and County Road 12. H~ stated they are considering a regional post office in another location for surrounding communities. City Council :Minutes July 17,2006 Page 2 4. Open Mike . Dan Tveite, 13275 192 !j2 Avenue-Representing the Sherburne County Fairboard thanked the city along with the police and fire departments for all their work at the Sherburne County Fair. He stated attendance was low due to the extreme heat. Mr. Tveite thanked Bob Ruprecht in the building department for his assistance with making a structure on the fairgrounds safe. He asked the Council to waive the building permit fee of $302. Councilmember Farber questioned why the parade was changed to Thursday and stated he preferred it be held on Friday. Mr. Tveite stated they will consider moving the parade back to Friday. He stated typically fair attendance on Thursday is low and the board was hoping the parade would draw more people. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO WAIVE THE BUILDING PERMIT FEE OF $302 FOR THE SHERBURNE COUNTY FAIR. MOTION CARRIED 5-0. Jennifer Mueller 18306 Tyler Street-Stated she is opposed to the YMCA referendum. She stated it would be in competition with businesses in Elk River and those businesses would further have to pay property taxes for the YMCA. Mayor Klinzing stated residents will be deciding the issue. . 5.1. Resolution Calling for an Election on $12.000.000 General Obligation Bonds (YMCA Referendum) Ms. Johnson stated the city has been working with the YMCA on refining a structure to have a YMCA facility in Elk River if approved by voters. She stated she has also been working with the city's bond counsel on the financing terms for the project. Mr. Beck stated the city has looked at different options for fInancing the project. He stated the best way to ffiance this project is through the Economic Development Authority, (EDA) because it gives the city more flexibility with the lease. Steve Bubul, Kennedy & Graven, Stated the goal of the city is to have long-term city ownership with long term leasing to the YMCA. He stated the best way to achieve this goal by issuing bonds through the EDA. He discussed the time constraints for getting the referenduni on the primary ballot. Casey Scott, YMCA representative-Presented a conceptual rendering of a YMCA facility and discussed amenities. Councilmember Motin stated he has many concerns with this project. He stated he has no issues with the YMCA and believes it is a good program. He stated the following concerns: . Increased project costs from $3 million to $12 million Affect on city's bond rating '. . . . . City Council J\.finutes July 17, 2006 Page 3 . Cost to residents/businesses through a tax levy ($100 per year on a $200,000 home) and residents would still have to pay membership fees ($6,000-$9,000 a year) to use the facility Memorandum of Understanding (MOO) hasn't been reviewed by the YMCA Location of YMCA (not in an area where there are lots of kids) The process used to pass this item through the EDA (concern intent of EDA statutes being stretched) . . . Councilmember Dietz questioned if the tax levy for the YMCA would decrease as the population increases. He stated bringing a YMCA to Elk River has been in the planning stages for years and the city needs to put an end to it once and for all by allowing residents to vote on this issue at the next election. He stated the city may never be able to afford this project otherwise. Ms. Johnson stated the levy amount to each taxpayer would go down if the population increases. She further stated if the YMCA defaults on their lease the city will be responsible for those costs. Councilmember Gumphrey concurred with Councilmember Dietz. He stated having a YMCA will be an outstanding marketing tool to attract businesses. He stated it will offer many programs for seniors and kids. Councilmember Farber agreed with both Councilmember Motin and Councilmember Dietz. He stated he doesn't like the process of how this project came before the EDA. He stated he is concerned with the increased project costs. Ms. Johnson explained that the Council made a previous motion to approve the YMCA referendum with the city picking up two-thirds of the cost. The YMCA has increased its project cost estimate to $12 million. She stated city staff met with Council at the last worksession meeting to confirm they were comfortable with moving forward on this project. Mayor Klinzing stated the f111ancing was never set for this project during initial discussions. She stated Sherburne County may be willing to participate through the use of landfill abatement funds if the city uses green products. She stated residents have been requesting a community center for years. She stated taxpayers do not want to pay for a community center because they end up paying for the facility through taxes, membership fees, and subsidizing (because community centers do not cash flow in many cities). She stated the YMCA facility would act as the community center for Elk River and also provide programming and outreach needs and act as a community builder. She stated residents will make the decision whether they want a YMCA. She stated this is on the Primary Election ballot because there is momentum for the project and the city does not want this project to be associated with the school district levies that will be on the General Election ballot. Mayor Klinzing stated state statutes prohibited the city from partnering with the YMCA and the EDA was the best alternative for moving this project forward. She stated the YMCA has reviewed the MOD. Ms. Johnson clarified that YMCA staff reviewed the MOU but not the YMCA Board. Mr. Beck stated the MOU was originally prepared by the YMCA. Councilmember Motin stated citizens are not typically charged to use a community center and they will be charged membership fees to use the YMCA facility. He stated the city just City Council Minutes July 17, 2006 Page 4 approved spending approximately $1 million on fixing up the library facility for senior programming. He is concerned about the competition the YMCA will create for the city recreation department, senior services, and local businesses. He stated the YMCA will be in direct competition with the Boys & Girls Club, who right now can't make ends meet. He stated he is not happy with the costs associated with the project and how it came before the EDA and Council. . Mayor I<Jinzing stated there will not be competition between the YMCA and the Boys & Girls Club because they serve different demographics of the population. She stated the YMCA will be able to partner with different groups such as Sherburne County Social Services. Mr. Beck stated he wants to make it clear that the city is not circumventing any laws. He stated they are well within the intent of the law and are utilizing a different approach to finance this project. Councilmember Motin stated he didn't imply there was anything unlawful happening but that the city is working over the intent of the law. He stated economic development is the primary purpose for bonds to be issued through the EDA and this project is not for economic development purposes. Councilmember Farber stated he would like the word "Community" removed from the ballot language. He stated this will not be a community facility but rather a recreational facility leased by the YMCA. Councilmember Gumphrey concurred. . MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-91 CALLING FOR AN ELECTION ON PLEDGING THE CITYtS FULL FAITH AND CREDIT AND RESOURCES TO $12,000,000 OF BONDS TO BE ISSUED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ELK RIVER AND THAT THE TERM "COMMUNTY CENTERn ON THE RESOLUTION AND PROPOSED BALLOT BE REPLACED WITH THE TERM "RECREATIONAL FACILITY.n MOTION CARRIED 4-1. Councilmember Motin opposed. 6.1. Resolution to Vacate a Portion of a Drainage and Utility Easement. Requested by Catherine Stein. Public Hearing- Case No. BV 06-04 Mr. Leeseberg stated this item was advertised as a public hearing so the public hearing must be opened to the public. He stated the public hearing and the item should be continued to August 21,2006. Mr. Leeseberg stated the applicant needs to complete an engineering study to prove that the drainage and utility easements are not needed on their property. Mayor I<Jinzing opened the public hearing. There being no one to speak to this issue, Mayor I<Jinzing continued the public hearing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO CONTINUE THIS ITEM UNTIL AUGUST 21,2006 IN ORDER TO ALLOW THE APPLICANT TO COMPLETE AN ENGINEERING STUDY. MOTION CARRIED 5-0. . City Council Minutes July 17, 2006 Page 5 . 6.2. Request by Guardian Angels Care Center for a Conditional Use Permit for a Building Expansion. Public Hearing-Case No. CU 06-16 Planning Manager Jeremy Barnhart stated Guardian Angels Care Center is requesting a conditional use permit for the construction of a 28,800 sq. ft. expansion to their existing nursing home facility. He discussed fire hydrants, parking, landscaping, drainage, and the Planning Commission's recommendation. He stated there will be no additional beds added to their state licensure. Mayor Klinzing opened the public hearing. Mark Pederson, Guardian Angels Administrator-Stated the Guardian Angels Care Center is restructuring their facility. He stated the Center has an enclosed courtyard area that will need some type of drainage. He stated they are proposing a concrete pipe underneath a slab on grade building that has a minimal basement with mechanical utilities in it. Mayor Klinzing closed the public hearing. Councilmember Gumphrey questioned if additional screening would be installed on the north end of the property. Mr. Barnhart stated staff didn't feel it was necessary to screen the building on that side due to the aesthetics of the building. . Councilmember Dietz noted there was a condition in Utility Superintendent Bryan Adams memo stating, "Electric service must be consolidated to one service." He questioned why this condition is not part of the conditional use permit. Mr. Barnhart stated the Council allowed Guardian Angels to have more than one service a few years back and Mr. Adams was okay with eliminating this condition. Mr. Pederson stated having,more than one service has been a help to them during power failures. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 06-16 WITH THE FOLLOWING CONDITIONS: 1. 2. 3. 4. 5. . STORM SEWER ROUTING UNDER THE BUILDING BE REMOVED. FIRE HYDRANTS AND WATER MAIN EXTENDED TO CREATE LOOP. PARKING LOT BE ADJUSTED TO ADD THREE ISLANDS AS SHOWN ON REVISED PARKING LAYOUT. OVER STORY TREES BE ADDED TO THE THREE NEW ISLANDS. LETTER OF CREDIT BE PROVIDED IN THE AMOUNT OF $50,000 AS SECURITY FOR PUBLIC IMPROVEMENTS. City Council Minutes July 17, 2006 Page 6 MOTION CARRIED 5-0. . 6.3. Ordinance to Approve Rezoning of Certain Property from R3 to R4. as Requested by Cr.ystal/Timothy Thomsen. Public Hearing-Case No. ZC 06-04 Planning Manager Jeremy Barnhart stated the applicant is requesting to rezone property to build two-four unit apartment buildings. He stated the parcel is currently zoned R3 with a Comprehensive Plan guidance of Industrial. He stated multi family units are a permitted use in R4 but not R3. He stated townhomes are allowed in the R3 zoning district. Mr. Barnhart stated he received three letters opposing the zone change request. Mayor Klinzing opened the public hearing. Jeff Collins, 1917 Vale Avenue-Stated he is opposed to the rezoning. He expressed further concerns about a wetland behind the subject parcel, which is slowly being filled in and used as a dumping site for junk. He stated the neighbors are opposed to the rezoning. Councilmember Gumphrey questioned Mr. Collins if he thought of putting together a petition with his neighbors. Mr. Collins stated he did not receive notice of this pubic hearing. He stated the neighbors discussed it but didn't have time before the Planning Commission and Council meetings. Mayor Klinzing closed the public hearing. There was discussion on whether there was another request a few years ago in this same area to rezone from industrial to residential but staff could not recall anything. . Councilmember Motin questioned how many townhomes could be built if the parcel were to remain with the R3 zoning. He stated concerns with landscaping and snow removal upkeep and apartment management. Mr. Barnhart stated about 12 townhome units could be built. Mayor Klinzing stated she is opposed to the zone change. She stated area residents are not in favor of seeing the property rezoned. She stated concerns with traffic on Meadowvale Road but that if they don't rezone the property it could have more traffic on it due to the number of units that could be allowed under the R3 zoning. Councilmembers Farber and Gumphrey concurred. Councilmember Motin stated if the property is not rezoned more units can be built under the R3 zoning. He questioned if disallowing the apartment building would be better than allowing the townhouses. Mr. Beck stated if the Council decides to deny this item they need to base their denial on findings. He suggested this item be continued in order for staff to prepare a resolution of denial. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO CONTINUE CASE NO. ZC 06-04 TO . . . . City Council Minutes July 17, 2006 Page 7 AUGUST 7, 2006, AND DIRECTED STAFF TO PREPARE FINDINGS FOR DENIAL OF THE REQUEST. MOTION CARRIED 5-0. Mayor Klinzing stated the denial is based on the zoning being inconsistent with the development of the surrounding area. Mr. Beck stated the denial could also be based upon their being no change in circumstances. 6.4. Request by Nature's Dry Cleaning for Conditional Use Permit for Dry Cleaning Operation, Public Hearing-Case No. CU 06-17 Planning Manager Jeremy Barnhart stated the applicant is requesting a conditional use permit to construct a dry cleaning operation. He provided an overview of the project and discussed parking, landscaping, drainage, and the Planning Commission's recommendation. Mr. Barnhart stated the applicant will be doing the dry cleaning on site using a European dry cleaning concept that is supposed to be more environmentally friendly. 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 DIETZ TO APPROVE CONDITIONAL USE PERMIT CU 06-17 WITH THE FOLLOWING CONDITIONS: 1. NO NOISE, ODORS, OR VIBRATIONS SHALL BE EVIDENT OUTSIDE THE PROPERTY LINE. 2. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES. 3. WASTES SHALL BE DISPOSED OF IN AN ENVIRONMENTALLY RESPONSIBLE MANNER, AND APPLICABLE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. 4. NO OUTSIDE STORAGE. 5. REMOVAL OF CHEMICAL/FILTERS BE HANDLED BY PROFESSIONAL CONTRACTOR. MOTION CARRIED 5-0. 6.5. Ordinance to Approve Amendment to Land Use Regulations Section 30-796 Regarding Pool Fences Requested by the City of Elk River. Public Hearing- Case No. OA 06-05 Planner Chris Leeseberg reviewed language changes for the Council to consider to an ordinance regarding when or if fences should be required for above ground pools. He outlined three possible options staff considered and the pros and cons of each. He noted that staff recommended Option C which states a misdemeanor could be issued if there is not controlled access to the pool and requires no fencing. Mr. Leeseberg stated staff tried to create a balance between accidental falls and safety but noted that if someone really wants to get into a pool they can usually gain access. Mr. Leeseberg stated it was difficult to balance the costs of installing a fence around pools that are temporary and there was concern about City Council Minutes July 17, 2006 Page 8 the type of fences that should be installed and their aesthetics. He stated the intent of the ordinance is to prevent accidental falls into pools. . Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councihnember Morin expressed concerns with enforcement of this ordinance utilizing a controlled access. He questioned if the ordinance would be enforced only when there is a tragedy. Mr. Leeseberg stated he is unsure how it would be enforced. He stated there is no easy way to enforce pool safety and noted that a pool owner needs to take responsibility for their pool and parents need to be responsible with kids around pools. He stated even if the city required fencing around these pools, who's to say someone won't leave the fence gate open. He stated staff tried to find a balance that can be enforced at staff level. He stated if the city required fences around these structures there would be issues with the type of fence needed around these structures, especially since the pools are temporary. Councilmember Farber stated having pools automatically draws people to it. He stated all pools should have fences around them. He stated if the ordinance is passed tonight he would like to see enforcement of it. He stated the ordinance is too all-inclusive. He stated the pool walls are not a deterrent to access. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 06-09 AMENDING SECTION 30-796 "FENCES; VISIBILITY AT INTERSECTIONS AND DRIVEWAYS" OF THE CITY CODE OF ORDINANCES, CASE NO. OA 06-05. MOTION CARRIED 5-0. . Council directed staff to inform local retailers about the ordinance change and to ask them to post the notice in the pool sales area to inform customers. 6.6. Ordinance to Approve an Amendment to the Land Use Regulations Section 30-860 & 30- 866 Regarding Signs. Requested by the City of Elk River. Public Hearing- Case No. OA 06- 06 Planner Chris Leeseberg reviewed proposed language changes to the use of temporary signs in Elk River. He stated many signs in Elk River have been non-conforming and signs that do have permits are not meeting some of the ordinance requirements such as setbacks. He reviewed signage for surrounding communities. Mr. Leeseberg recommended a limit of three signs not to exceed 30 days in a calendar year. He reviewed other minor changes with construction signs and fees for obtaining a sign permit. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. Councihnember Motin stated that many of the signs are not meeting the intent of the ordinance and questioned why the city should change it and how it can be enforced. Councilmember Dietz stated he would like to see a total ban on temporary signs. He stated he contacted the City of Maple Grove and they do not allow temporary signs and they don't . . . . 7.1. 7.2. City Council Minutes July 17, 2006 Page 9 get any complaints about it. He stated even if the ordinance is changed there would still be an enforcement issue for staff. Councilmember Gumphrey stated he would like to phase in the ban and suggested it take effect January 1, 2007. Councilmember Farber stated he would like to hear from business owners. Councilmember Dietz suggested a letter be sent to current applicants with temporary signs. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO DIRECT STAFF TO: · DRAFT AN ORDINANCE BANNING TEMPORARY SIGNS · REVIEW POSSIBLE EXCEPTIONS FOR ALLOWING TEMPORARY SIGNS · PHASE IN THE BAN · GIVE NOTICE TO THE COMMUNITY THROUGH THE CHAMBER NEWSLETTER. MOTION CARRIED 5-0. Authorization to Advertise for Bids for Rivers Edge Commons Mr. Leeseberg discussed funding sources for the Rivers Edge Commons Park. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE RIVERS EDGE COMMONS PARK. MOTION CARRIED 5-0. Consider Fire Relief Association Benefit Level for 2007 Ms. Johnson stated the Elk River Fire Relief Association is requesting an increase in the benefit level for 2007 to $4,450. Councilmember Dietz questioned how this contribution compares to surrounding community fire departments. Fire Relief President Rob Dreissig stated the amount is based on the size of the fire departments. He stated the Anoka Fire Department benefit level is at $6,000. Councilmember Gumphrey questioned the assumed rate of return on this fund for each year for the next 20 years. Ms. Johnson stated it is 3% for 2006. She stated the Association is very conservative in their estimate. She stated when the Association does the project for each year they are using a state formula whereby they put in an estimated return on their investment and this number is used to determine their funded ratio. Councilmember Gumphrey stated every defined benefit program he has seen is oased on investments with a 20 year assumption of what the fund is going to return each year. He City Council :Minutes July 17,2006 Page 10 stated if the fund it is ludicrous for the fund to only allow 3%. He stated if the fund is 105% funded the Association should be spending the extra 5% and not ask for any money from the city. He stated it is not right for the Association to ask for money when they are over 100% funded. . Bob Pearson, Association member-Stated the funds are a voluntary contribution from the city which the Fire Relief Association greatly appreciates. Councilmember Dietz stated this was a tradition started back in the 80's in order to give firefighters more than the small wage they receive. He stated the amount is determined by the wage increase city employees receive each year. Ms. ] ohnson stated the Association is intentionally conservative because they don't want to come back to Council to require them to give a mandatory contribution from a tax levy. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO INCREASE THE FIRE RELIEF FUND PER YEAR OF SERVICE BENEFIT LEVEL TO $4,450 FOR 2007 AND TO . AUTHORIZE PAYMENT OF THE BUDGETED 2006 PENSION CONTRIBUTION TO THE ASSOCIATION IN THE AMOUNT OF $28,950. MOTION CARRIED 5-0. 7.3. 2006 Sealcoat Improvement Bids Mr. Hals reviewed the bids received for the 2006 sealcoating project. He stated that due to the high increase in petroleum based products the sealcoat budget will come up short. He stated it may be necessary to do a fund transfer at the end of the year from street reserves . Councilmember Dietz questioned why there is a wide disparity among the three bids. Mr. Hals stated the low bidder locked into a lower price on asphalt earlier in the year. Councilmember Motin questioned if the asphalt chips come in different sizes and if the city could use a smaller size to make it easier to utilize the roads for recreation and to create less mess. Mr. Hals stated they will be experimenting with different size chips and can report back to Council next spring. He stated there are pros and cons to the use of the different sizes. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE BID BY ALLIED BLACKTOP IN THE AMOUNT OF $78,988. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO AUTHORIZE ADVERTISING FOR BIDS (NOT TO EXCEED $14,000 WITH FUNDS TO COME FROM THE STREET RESERVE BUDGET) FOR THE BITUMINOUS OVERLAY AND PAINT STRIPING. MOTION CARRIED 5-0. . City Council Minutes July 17, 2006 Page 11 . 7.4. Motion Calling for Public Hearing to Discuss the Capital Improvement Plan for the Purpose of Issuing Bonds for the Library Expansion Ms. Johnson stated the city must hold a public hearing when issuing bonds on its Capital Improvement Plan. She stated the hearing would be held at the August 21, 2006 City Council meeting. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-92 CALLING FOR A PUBLIC HEARING ON A CAPITAL IMPROVEMENT PLAN AND THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS. MOTION CARRIED 5-0. 7.5. Consider Funding Trunk Water Improvements for County Road 40 Project Ms. Johnson stated Sherburne County is improving County Road 40 and Elk River Municipal Utilities (ERMU) needs to install water utility along the road. She stated ERMU does not have the funds to pay for this improvement and that the city could use the funds from the sewer and water reserve fund. Ms. Johnson stated ERMU has agreed that the city will receive all future assessments collected for this project. She stated in the future ERMU needs to bond for these types of projects or establish a fund because the city's fund is not meant for this type of project and ERMU needs to stand on their own as a separate entity. . Councilmember Dietz stated ERMU should be funding these types of projects on their own. He stated Utility Superintendent Bryan Adams believes because the city has a sewer and water fund they should have to pay for it. Ms. Johnson stated it is unknown when the funds could be paid back to the city. She stated the first assessments are scheduled to come in 2008 when Liberty Heights can develop their property but because of the housing market they may push this project to a later date. Councilmember Motin questioned how the excess assessment fees would be spent. Ms. Johnson stated she is unsure the amount of excess fees, if any. She stated if they could be used to help the utility fund. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER FARBER TO APPROVE FUNDING TRUNK WATER IMPROVEMENTS ALONG COUNTY ROAD 40 AT A COST OF APPROXIMATELY $800,000 WITH ALL TRUNK ASSESSEMENTS LEVIED TO PROPERTIES BENEFITING FROM THE INSTALLATION OF THIS LINE TO BE RETAINED BY THE CITY. MOTION CARRIED 5-0. 8. Other Business Councilmember Gumphrey stated he will not be at the August 14, 2006 Council meeting. 9. Council Updates There were no Council Updates. . City Council Minutes July 17, 2006 Page 12 10. Staff Updates . Councilmember Motin provided an update on the status of the city prosecution office. He stated City Prosecuting Attorney Chris Johnson is willing to cut his hours. Councilmember Motin stated there is not enough information for the Council to make a determination on the course of action to take regarding the prosecution office. He stated the city could possibly hire another firm to pick up the slack or, have the county attorney's office handle some of the case load during Mr. Johnson's shortened hours with the city. He suggested the city send a Request for Proposal for services to other law firms. Councilmember Farber stated Mr. Johnson acknowledges that the office is not working out the way it is currendy set up. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER FARBER TO OBTAIN REQUEST FOR PROPOSALS FOR LEGAL SERVICES WITH DIFFERENT LEVELS OF SERVICE OFFERED AS BID ALTERNATES. MOTION CARRIED 5-0. Ms. Johnson asked the Council if recendy retired Senior Accounting Clerk Joan Frick could come back to work on a temporary part time basis. She stated there are funds in the budget to cover the costs and since her retirement the finance department has been struggling with trying to keep up with the workload because the department is still one person short. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY COUNCILMEMBER MOTIN TO HIRE JOAN FRICK ON A PART TIME TEMPORARY BASIS. MOTION CARRIED 5-0. . 11. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:20 p.m. Minutes prepared by Tina Allard J /' ~./ _~ J /iYt:!~ .