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<br />. <br /> <br />. <br /> <br />. <br /> <br />City Council :Minutes <br />June 5, 2006 <br /> <br />Page 3 <br /> <br />5.3. <br /> <br />Swear in Bryan Vita as Investigative Sergeant <br /> <br />Mayor Klinzing administered the oath of office to Bryan Vita as Investigative Sergeant. <br /> <br />5.4. Liberty Heights Estates Environmental Assessment Worksheet <br /> <br />Environmental Administrator Rebecca Haug reviewed the Environmental Assessment <br />Worksheet (EA W) for Liberty Heights Estates. Ms. Haug stated that the purpose of the <br />EA W is to describe and gather information to identify any potential environmental effects. <br />Ms. Haug reviewed the comments received on the EA Wand the responses to the comments <br />received. <br /> <br />Ms. Haug indicated that staff feels that the EA W accurately describes the project and the <br />potential environmental effects; therefore, staff is recommending a negative declaration on <br />the need for an Environmental Impact Statement (EIS) for the Liberty Heights Estates <br />request. <br /> <br />Councilmember Motin indicated that one of the comments from the Minnesota Department <br />of Natural Resources references needing a permit from the Army Corps of Engineers <br />(ACOE) for the proposed wedand fill. He questioned the response indicating the developer <br />has been unsuccessful in getting a formal response from the ACOE. Ms. Haug explained <br />that she received a letter today from the ACOE indicating the developer would need a <br />permit if they exceed a certain amount of wedand fill but that the ACOE has reviewed all <br />wedand applications for this project and come to the conclusion that the developer does not <br />need a separate permit. <br /> <br />Councilmember Motin questioned what the water appropriation permit is that will need to <br />be amended for this project. Ms. Haug stated that the water appropriation permit allows the <br />city to accommodate additional drinking water for this project. She stated that she has <br />spoken with Elk River Municipal Utilities Water Superintendent David Berg and there <br />should be no problem amending the city's water appropriation permit. <br /> <br />Councilmember Motin questioned under what circumstances would the Council approve a <br />positive declaration and move forward with an EIS. Ms. Haug explained that the <br />Environmental Quality Board (EQB) asks that the Council review the type, extent, and <br />irreversible environmental impact that the development would have and if it were to be in a <br />designated scientific or natural area, staff would recommend an EIS be completed to study <br />what impacts the development would have on such an area. <br /> <br />MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY <br />COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 06-78 <br />APPROVING A NEGATIVE DECLARATION ON THE NEED FOR AN <br />ENVIRONMENTAL IMPACT STATEMENT FOR THE LIBERTY HEIGHTS <br />ESTATES PROJECT. MOTION CARRIED 5-0. <br /> <br />5.5. <br /> <br />Resolution 06-79 Accepting Bid and Authorizing Execution of Contract for Highland Road <br />Improvement <br /> <br />Engineer Kristi Thompson presented the bids for the Highland Road reconstruction as <br />oudined in City Engineer Terry Maurer's staff report. Ms. Thompson stated that the low bid <br />received by Bauerly Brothers, Inc. was approximately 12.8 percent over the feasibility study <br />