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05-18-1992 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY, MAY 18, 1992 Members Present: Vice Mayor Holmgren; Councilmembers Dietz, Kropuenske and Schuldt Members Absent: Mayor Tralle Staff Present: Pat Klaers, City Administrator; Bill Rubin, Economic Development Coordinator; Terry Maurer, City Engineer; Steve Rohlf, Building and Zoning Administrator; Peter Beck, City Attorney and Sandra Thackeray, City Clerk 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order by Vice Mayor Holmgren at 7:00 p.m. 2. Consider 5/18/92 City Council Agenda COUNCILMEMBER DIETZ MOVED TO APPROVE THE 5/18/92 CITY COUNCIL AGENDA. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. ~THE MOTION CARRIED 4-0. 3.1. Consider 5/4/92 City Council Minutes COUNCILMEMBER DIETZ MOVED TO APPROVE THE 5/4/92 CITY COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. 3-0-1. Councilmember Schuldt abstained due to meeting. COUNCIL MINUTES. THE MOTION CARRIED his absence at the 3.2. Consider 5/11/92 City Council Minutes COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 5/11/92 CITY MINUTES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION 4-0. COUNCIL CARRIED 4. Open Mike Al Nadeau, 724 Irving Avenue, explained that he has applied for a building permit to replace his roof at Nadeau's Clothing Center on Main Street. He stated that the City's current ordinance does not allow steel or baked enamel roofing in the zone his business is located in. He further stated that his current roof is a steel roof and he feels it is a unique situation because the structure cannot be trussed to be shingled. Al Nadeau stated he is requesting Council permission to replace his steel roof with a steel roof and further requested the Council to ask the Planning Commission to look into the City'S current ordinance regarding the repairing of roofs on older buildings within the City. . . . Elk River City Council Minutes May 18, 1992 Page 2 COUNCILMEMBER SCHULDT MOVED TO ALLOW THE STEEL ROOF TO REPLACED AT NADEAU'S CLOTHING CENTER AND ALSO REQUESTED COMMISSION TO REVIEW THE CITY'S EXISTING ORDINANCE ROOFS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE 4-0. BE REPAIRED OR THE PLANNING PERTAINING TO MOTION CARRIED 5.1. Discussion of Land Use between Highway 169 and Jackson Road North of School Street Pat Klaers stated that this issue was discussed by the City Council on 5/4/92. He stated that on 5/4/92, the City Council heard comments from local business owners regarding action taken by the Council on 4/6/92 which authorized a letter to be sent to Mr. Bill Dickenson indicating that the City would condemn his property in order to ensure the best development possible in the vicinity. He further stated that at the 5/4/92 City Council meeting, the local business owners requested the City Council to rescind the letter sent to Mr. Dickenson. Pat Klaers stated that staff is recommending that a letter be sent to Mr. Scott Ericson, developer of the project, clarifying the City's position on the project at this time. Roger Scherer indicated that the City Administrator is not addressing the condemnation issue. John Griese stated that the message the bus~ness owners are trying to convey to the Council is that the City should not help Mr. Dickenson any more than it helps anyone else. Gary Santwire questioned why the Council could not withdraw the letter and let the development process take its own course. Councilmember Kropuenske stated he did not feel it would benefit anybody to withdraw the letter and further that the development process will still move forward whether or not the letter is rescinded. Peter Beck, City Attorney, reiterated that the City has made no commitment to any project. Mr. Roy Friendshuh questioned whether the proposed utility improvements would affect his property. The City Administrator indicated that there has been a feasibility study presented for the area and that his property is not affected by the proposed utilities. After further discussion of this issue it was the consensus of the City Council not to rescind the 4/17/92 letter to Mr. Bill Dickenson, but that another letter be sent to Mr. Ericson clarifying the City's position that the City has not approved a development plan or proposal for the area, that the City does not anticipate providing financial assistance for any project in the vicinity and that the developer must go through the planning process for a development proposal. . . . Elk River City Council Minutes May 18, 1992 Page 3 5.2. Tescom Industrial Revenue Bonds/Public Hearing Bill Rubin stated that at the April 27, City Council meeting, the City Council adopted a resolution granting preliminary approval to Tescom for Industrial Revenue Bond (IRB) financing and authorizing a public hearing for May 18. Bill stated that Tescom Corporation is requesting a $1.5 million IRB from the City of Elk River to construct a new facility adjacent to their existing building. Mr. Ed Cunnington of Tescom was present to answer any questions from the Councilor the public. Vice Mayor Holmgren opened the public hearing. There being no one for or against the matter, Vice Mayor Holmgren closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 92-39, A RESOLUTION RECITING A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA STATUTE SECTION 469.154, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF THE PROJECT TO THE COMMISSIONER OF THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS IN CONNECTION WITH THE TESCOM CORPORATION PROJECT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Authorize Lease of Property at 20127 Elk Lake Road Bill Rubin explained that the City Council recently acquisition of the residence at 20127 Elk Lake Road, expansion to the Woodland Trails Park. He stated property is incorporated into the Woodland Trails Park proposing to rent the property as an interim use. Bill the Council with a 90 day lease agreement with Mr. Jeff authorized the which will be an that until the system, staff is Rubin presented Asfahl. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE 90 DAY LEASE AGREEMENT BETWEEN THE CITY OF ELK RIVER AND JEFF ASFAHL FOR PROPERTY LOCATED AT 20127 ELK LAKE ROAD. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. MnDOT Directional Signs on Eastbound and Westbound Hi9hway 10 at Gary Street Bill Rubin informed the Council that staff has received a request from Nationwide Group to have two MnDOT directional signs installed on eastbound and westbound Highway 10 at Gary Street. Bill Rubin explained that Nationwide Group is the property manager appointed by Resolution Trust Corporation for Orono Estates Apartments. He further indicated that Nationwide Group will pay for the signs. COUNCILMEMBER KROPUENSKE MOVED TO REQUEST MNDOT DIRECTIONAL SIGNS ON HIGHWAY 10 EASTBOUND AND STREET. COUNCILMEMBER SCHULDT SECONDED THE MOTION. 4-0. TO INSTALL TWO WESTBOUND AT GARY THE MOTION CARRIED Elk River City Council Minutes May 18, 1992 Page 4 ~ 5.5. Proposed Office Space for the Elk River Area Chamber of Commerce Jackie Schuelein, Executive Vice President of the Elk River Area Chamber of Commerce, stated that Valspar Corporation is prepared to donate an existing caboose to a civic based organization. She stated that the Chamber is interested in pursuing this donation for a new office/information center for the Chamber of Commerce. She further stated that the caboose would ultimately serve as a focal point in the community. Jackie Schuelein indicated that she has received approval from the Chamber Board of Directors to submit a proposal to Valspar by the May 31, deadline. Jackie Schuelein explained that the proposed location for the caboose is the corner of Jackson Avenue and Highway 10 intersection within Jackson Square Park. After discussion regarding this issue, Council that the caboose would serve as a Jackson Square Park. it was the consensus of the unique focal point to the COUNCILMEMBER KROPUENSKE OF SUPPORT FOR THE ELK OFFICE/INFORMATION CENTER. THE MOTION CARRIED 4-0. MOVED TO ADOPT RESOLUTION 92-40, A RESOLUTION RIVER AREA CHAMBER OF COMMERCE'S NEW COUNCILMEMBER DIETZ SECONDED THE MOTION. 5.6. Refuse Rate Adjustment ~ The City Administrator stated that each April the refuse haulers have the opportunity to negotiate their contract on the basis of increases or decreases in the landfill tipping fee and Consumer Price Index (CPI). He stated that on January 1, 1992, the landfill tipping fee for Sherburne County increased from $63.00 per ton to $69.00 per ton. Pat Klaers indicated that based on the increase in the landfill tipping fee and CPI, plus a $.30 additional charge for plastic recycling, the proposed rate adjustments amount to $.89 per month for the 90 gallon refuse container and $.83 per month for the 32 gallon refuse container. Councilmember Kropuenske commented on the recent article in the Elk River Star News which reported that the City made a profit from garbage collection. He indicated his concern regarding the fact that this was not correct. He explained that if all City expenses were billed, including staff time, the City would not make a profit. He indicated that the profit the City made was due to the number of late charges that were paid on the bills and that this so called profit would not cover the true City expenses. COUNCILMEMBER DIETZ MOVED TO RECOMMEND A RATE INCREASE OF $.89 PER MONTH ON THE 90 GALLON REFUSE CONTAINER AND $.83 PER MONTH ON THE 32 GALLON REFUSE CONTAINER. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 3-1. Councilmember Schuldt opposed. 6.1. Consider Ordinance Amendment to Sign Ordinance/Public Hearing (Tabled) ~ No discussion was held on this item as it was tabled. 6.2. Consider Administrative Subdivision/Lamm and Dehrer/Public Hearing . . . Elk River City Council Minutes May 18, 1992 Page 5 Steve Rohlf, Building and Zoning Administrator, indicated that the applicants, Jeff Lamm and Karen Dehrer, are requesting to subdivide a 90.71 acre parcel into two parcels. He explained that the request is to split off a 4.36 acre parcel which contains an existing house. Vice Mayor Holmgren opened the public hearing. There being no one for or against the matter, Vice Mayor Holmgren closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY JEFF LAMM AND KAREN DEHRER TO SUBDIVIDE A 90.71 ACRE PARCEL INTO TWO PARCELS WITH THE FOLLOWING CONDITIONS: 1. THAT THE APPLICANT PROVIDE THE CITY WITH THE LEGAL DESCRIPTION FOR THE RESIDUAL PARCEL (86.35 ACRES). 2. THAT THE PERMITS ARE OBTAINED FROM THE COUNTY FOR DRIVEWAYS OFF OF COUNTY ROAD 1. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.3. Consider Zone Change/Wapiti Park/R-1b to C-3/Public Hearing Steve Rohlf explained that Lorraine White of Wapiti Park Campground is requesting to rezone some property from R-1b/Single Family Residential to C-3/Highway Commercial. Steve Rohlf further stated that the Planning Commission reviewed this issue and recommended denial of the zone change request. He stated that Mrs. White has now requested to delay this item until June. Vice Mayor Holmgren opened the public hearing. Mike Klemz, 1854 Troy Street, informed the Council that he had sent a letter to the Council requesting that the Council deny the zone change to C-3/Highway Commercial. He stated that the City's long range plan for the area is to phase out existing commercial property in that area. Steve Rohlf Campground conditional attention conditional explained that the property directly is zoned industrial and operates use permit. He indicated that it has that the junkyard is not fenced use permit. east of Wapiti Park a junkyard through a been brought to his as required by the Carol Buschick, Mrs. White's realtor, stated that the unsightly condition of the junkyard is affecting Mrs. White's property. She indicated that Mrs. White has not been able to sell her property due to the blight of the junkyard. The Council discussed possible action to require the junkyard to come into compliance with the terms of the conditional use permit. COUNCILMEMBER KROPUENSKE MOVED TO INSTRUCT THE BUILDING AND ZONING DEPARTMENT TO ISSUE DIRECTION TO THE JUNKYARD TO COME INTO COMPLIANCE BY INSTALLING AN OPAQUE FENCE WITHIN 60 DAYS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. . . . Elk River City Council Minutes May 18, 1992 Page 6 Councilmember Schuldt suggested that the Planning Commission consider rezoning the area from industrial zoning to residential zoning. COUNCILMEMBER KROPUENSKE MOVED WAPITI PARK BACK TO THE PLANNING PRESENTATION BY THE PROPERTY CONTINUE THE PUBLIC HEARING WHEN BY THE PLANNING COMMISSION. MOTION. THE MOTION CARRIED 4-0. TO DIRECT THE ZONE CHANGE REQUEST BY COMMISSION FOR FURTHER REVIEW UPON OWNER OF NEW EVIDENCE AND FURTHER TO ADDITIONAL INFORMATION HAS BEEN HEARD COUNCILMEMBER SCHULDT SECONDED THE 6.4. Preliminary and Final Plat Review of Fairview Addition by Fairview Hospital and Health Care Services/Public Hearing Steve Rohlf, Building and Zoning Administrator, indicated that Fairview Hospital and Health Care Services are requesting to plat a number of parcels and portions of parcels by combining them into one platted lot. He stated the property lies in the northeast corner of the intersection of Evans Avenue and Main Street. Vice Mayor Holmgren opened the public hearing. Carol Mills of Guardian Angels informed the Council that Guardian Angels is providing the land for the clinic as they feel it is in the best interest of the community. She stated that Guardian Angels is requesting to preserve some of the trees in the area and indicated that the buffer of the trees is extremely important. Pat Hagen of Fairview Clinic indicated that Fairview Clinic recognizes the need to save the trees, and informed the Council that they are working with Guardian Angels on this matter. Bill Middlestadt indicated he is representing Clara Middlestadt of 230 Evans Avenue. He requested to be kept informed of any planning for utilities and assessments in the area. A property owner from 213 Evans Avenue expressed her concern about the trees and also questioned whether there has been a traffic study for Evans Avenue. Terry Maurer, City Engineer, indicated that Evans Avenue was recently improved and that the streets in the area were designed for this volume of traffic. There being no further comments, Vice Mayor Holmgren closed the public hearing. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT REVIEW OF FAIRVIEW ADDITION REQUESTED BY FAIRVIEW HOSPITAL AND HEALTH CARE SERVICES, INC., CONTINGENT UPON THE FOLLOWING: 1. THAT CONSENT OF THE OWNER OF THE PROPERTY BE GIVEN. . . . Elk River City Council Minutes May 18, 1992 Page 7 2. THAT THE PORTION OF THIS PROPERTY SOUTH OF THE NORTH LINE OF THE RIGHT-OF-WAY FOR MAIN STREET ADJACENT TO THE PLAT IS DEDICATED TO THE CITY AS RIGHT-OF-WAY. 3. THAT THE DEVELOPER IS RESPONSIBLE FOR THEIR OWN SEWER AND WATER STUB-INS TO THIS PROPERTY WITH CITY INSPECTION ON THE STUB-INS. 4. THAT NO REMNANT PARCELS REMAIN UNATTACHED. 5. THAT THE PETITIONER PAY $4,200 IN PARK DEDICATION FEES. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. The City Council recessed at 9:10 p.m. and reconvened at 9:24 p.m. 6.5. Final Plat Review of Hillside Estates Phase I by Rick Foster Steve Rohlf, Building and Zoning Administrator, stated that the first phase of Hillside Estates plat consists of 50 single family residential lots. Steve Rohlf further explained that the developer is requesting to have model homes in the plat prior to improvements being completed. Steve Rohlf indicated that the policy of the City requires utilities to be installed and Class 5 on the roads prior to building permits being issued. After discussion by the Council, it was the consensus that building permits for three model homes be- allowed, but occupancy permits are not to be granted prior to sewer and water and Class 5. COUNCILMEMBER DIETZ MOVED TO APPROVE THE FINAL PLAT REVIEW OF PHASE I OF HILLSIDE ESTATES BY RICK FOSTER WITH THE FOLLOWING CONDITIONS: 1. DRAINAGE - THAT THE DEVELOPER PROVIDE THE NECESSARY STORM DRAINAGE CALCULATIONS FOR THE PROPER SIZING OF STORM PIPES AND/OR HOLDING PONDS. FURTHER, THAT IF OUTLETS ARE NEEDED FOR HOLDING PONDS, THE DEVELOPER MUST SECURE THE EASEMENTS. ALSO, SWALES ARE NEEDED FOR DRAINAGE AND THEY ARE TO BE ACCOMPLISHED BY THE DEVELOPER DURING ROAD GRADING. LASTLY, THAT STORM DRAINAGE PLANS ARE FINALIZED AND ACCEPTABLE TO CITY STAFF PRIOR TO FILING THE PLAT. 2. STREETS - THAT THE DEVELOPER PROVIDE SIGNAGE WITHIN THE PLAT. THE DEVELOPER MUST ALSO PROVIDE THE NECESSARY TEMPORARY EASEMENT FOR THE TEMPORARY CUL-DE-SAC WITHIN THE PLAT PRIOR TO FILING IT. LASTLY, THAT ALL LOTS UTILIZING 193RD AVENUE FOR ACCESS HAVE A TURN AROUND WITHIN THE LOT TO AVOID BACKING INTO THE STREET. THIS REQUIREMENT MUST BE IDENTIFIED BY THE DEVELOPER IN THE PURCHASE AGREEMENTS FOR THE LOTS. 3. STREET LIGHTS - IN THE FIRST PHASE, STREET LIGHTS ARE REQUIRED IN THE FOLLOWING LOCATIONS: A. B. AT THE INTERSECTION OF DODGE STREET AND 193RD AVENUE. AT THE INTERSECTION OF CARSON CIRCLE AND 193RD AVENUE. ON THE NORTH END OF CARSON CIRCLE. AT THE INTERSECTION OF 193RD AVENUE AND BALDWIN STREET. C. D. . . . Elk River City Council Minutes May 18, 1992 Page 8 4. PARK DEDICATION THAT THE DEVELOPER PAY $350 PER LOT FOR PARK DEDICATION FEES PRIOR TO RECORDING THE PLAT (A TOTAL OF $17,150 FOR THE 49 ADDITIONAL LOTS PROPOSED IN THIS FIRST PHASE). 5. STUMP BURYING THAT THE LOCATIONS OF STUMP BURYING SITES ARE IDENTIFIED AND APPROVED BY STAFF AND PROTECTED BY EASEMENTS WHEN FUTURE PHASES ARE PLATTED. 6. TREE PROTECTION THAT, AS PROPOSED BY THE DEVELOPER, THE SERVICES OF A FORESTER ARE RETAINED TO DETERMINE WHAT TREES MUST BE REMOVED FOR ROAD AND HOUSE CONSTRUCTION. ALSO, THAT TREES THAT ARE TO BE SAVED ARE PROTECTED DURING CONSTRUCTION. LASTLY, THAT THE AUTHORITY OF THE FORESTER TO MAKE DECISIONS ON TREES DURING HOUSE CONSTRUCTION IS ESTABLISHED IN THE PURCHASE AGREEMENTS ON THE LOTS AND THE COVENANTS FOR THE PLAT. 7. SETBACKS THAT SETBACKS FOR THIS PLAT ARE 30 FEET FROM THE FRONT PROPERTY LINE AND 10 FEET FROM THE SIDE AND REAR PROPERTY LINES AND A SIX FOOT SIDE YARD SETBACK BE ALLOWED FOR GARAGES. 8. DEVELOPMENT PLAN THAT THE DEVELOPMENT PLAN FOR HOUSE SITES IS CONTINGENT UPON SOIL BORINGS VERIFYING ELEVATIONS FOR THE PROPOSED HOUSE PADS (APPROVED BY STAFF). 9. SEWER AND WATER THAT THE FIRST PHASE OF THIS DEVELOPMENT PAY ITS SHARE OF THE COST FOR THE LONG-RANGE TRUNK SEWER AND WATER LINES. THE COST OF THESE LONG-RANGE FACILITIES WILL BE ESTIMATED AND PAYMENTS WILL BE MADE AS LOTS SELL. THE MONEY WILL BE PLACED IN AN ESCROW ACCOUNT. THE DEVELOPER WILL BE SOLELY RESPONSIBLE FOR THESE PAYMENTS. THE ESTIMATED COST MAY BE ADJUSTED UP OR DOWN WHEN THE ACTUAL ASSESSMENT AMOUNT IS KNOWN. THIS WILL BE AGREED TO THROUGH THE DEVELOPER AGREEMENT. THAT THE FIRST PHASE OF THIS PLAT BE ALLOWED TO TEMPORARILY CONNECT TO SEWER AND WATER THROUGH DEERFIELD 3RD ADDITION. FURTHER, THAT THE DEVELOPER IS RESPONSIBLE FOR ALL COSTS FOR THIS TEMPORARY CONNECTION AND HOOKING UP TO THE PERMANENT LINES IN THE FUTURE (AS PART OF PHASE TWO). LASTLY, THAT NO CREDIT IS GIVEN AGAINST THE ASSESSMENT FOR LONG-RANGE TRUNK FACILITIES FOR TEMPORARY IMPROVEMENTS THAT DO NOT FIT IN WITH THE LONG-RANGE PLAN. 10. LETTER OF CREDIT THAT A LETTER OF CREDIT IN AN AMOUNT ESTIMATED BY STAFF IS ESTABLISHED FOR THE IMPROVEMENTS IN THIS FIRST PHASE PRIOR TO RECORDING THE PLAT. THE LETTER OF CREDIT AMOUNT MAY BE ADJUSTED TO THE ACTUAL AMOUNT OF THE BID FOR THE PROJECT AND ALSO QUARTERLY AS LOTS SELL AND ASSESSMENTS ARE PAID. THE DEVELOPER WILL NOT NEED TO POST A WARRANTY BOND AFTER IMPROVEMENTS ARE ACCEPTED BECAUSE IT IS A CITY PROJECT. 12. SEAL COATING THAT THE DEVELOPER PAY $6,200 FOR THE SEAL COATING ON ROADS PRIOR TO RECORDING THE PLAT. . . . Elk River City Council Minutes May 18, 1992 Page 9 13. COMPLETION DATE THAT THE DEVELOPER HAS ONE YEAR FROM FINAL PLAT APPROVAL OR MAY 18, 1993, TO COMPLETE THE IMPROVEMENTS WITHIN THE PROJECT. 14. DEVELOPER AGREEMENT THAT A DEVELOPER'S AGREEMENT AND PUD AGREEMENT IS ENTERED INTO PRIOR TO RECORDING THIS PLAT REFLECTING THE ABOVE LISTED STIPULATIONS. 15. THAT THREE MODEL HOMES BE PERMITTED WITH A CONDITION THAT NO OCCUPANCY BE GRANTED UNTIL SEWER AND WATER IS INSTALLED AND CLASS 5 IN ON THE ROADS. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.6. Hillside Estates Feasibility Study Terry Maurer, City Engineer, informed the Council that the feasibility study for Hillside Estates plat was authorized based on a petition submitted by Mr. Rick Foster, the developer. He indicated that the City Council minutes showed that the feasibility study was authorized by motion of the City Council and that to legally comply with state law, the feasibility must be ordered by resolution. COUNCILMEMBER SCHULDT MOVED TO DECLARING THE ADEQUACY OF THE PRELIMINARY FEASIBILITY REPORT PHASE I IMPROVEMENT ON 1992. THE MOTION CARRIED 4-0. ADOPT RESOLUTION 92-41, A RESOLUTION PETITION FOR IMPROVEMENT AND ORDERING THE IN THE MATTER OF THE HILLSIDE ESTATES COUNCILMEMBER DIETZ SECONDED THE MOTION. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-42, A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE HILLSIDE ESTATES PHASE I IMPROVEMENT ON 1992. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. Terry Maurer, City Engineer, indicated that number 2 of this resolution should be left blank as the petitioner, Rick Foster, has waived his rights to a public hearing. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-43, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE HILLSIDE ESTATES PHASE I IMPROVEMENT ON 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.7. Other Steve Rohlf indicated he has received complaints from the Council regarding illegal billboards within the City. He indicated he has researched the billboards in the City and found there are several that are out of compliance with the City's sign ordinance. After discussion by the Council, it was the consensus that the Building and Zoning Department enforce the billboard regulations. . . . Elk River City Council Minutes May 18, 1992 Page 10 steve Rohlf indicated he had also received complaints regarding selling of used cars at Boelter's on Highway 10 and Main street. It was the consensus of the Council to authorize the Building and Zoning staff to follow through with bringing this issue into compliance. steve Rohlf brought several other issues of complaint to the Council including Snyder Used Auto sales; Landmark Motel and the sale of black dirt at the Alliance Church. Vice Mayor Holmgren distributed a photo he had taken of high school students parking their vehicles at the Lion's Park. He indicated this is dangerous because the students have to cross the traffic on School Street to get to their vehicles, plus they are trespassing on private property. Vice Mayor Holmgren requested staff to look into this matter. 7.1. Consider Resolution Accepting Bid for Western Area Production Well Terry Maurer indicated the City received six bids for the construction of the Western Area Production Well. He stated the low bidder was Bergerson Caswell, Inc. at $71,475.50. He informed the Council the estimated cost of the well was $80,000, therefore, the low bid came in at approximately 11% under the estimate. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 92-44, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE WESTERN AREA PHASE I PRODUCTION WELL IMPROVEMENT OF 1992. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.2. Cigarette Sales Sandy Thackeray, City Clerk, informed the Council that at the January 6, 1992, City Council meeting, staff was directed to research the possibility of restricting or limiting the sale of cigarettes in Elk River. Sandy Thackeray explained that she researched the subject and found that some cities dealt with this issue by a partial ban or total cigarette vending machine ban. She further indicated that some cities also called for a self service merchandising ban. She noted that the City of Elk River had seven licensed cigarette vending machines in the City. She further indicated that she was not looking for a decision on this issue, but an indication as to whether or not the Council will be considering some type of cigarette ban and to what extent. Councilmember Kropuenske indicated he was one of the Councilmembers responsible for requesting that this subject be reviewed. He indicated that he is concerned with the number of underaged youth smoking in the community. The Council discussed the matter and concluded that because there are only seven cigarette vending machines in the City this issue would be put on hold at this time and if the problem of the number of youth smoking continued to grow, the matter could be brought back to the Council. . . . Elk River City Council Minutes May 18, 1992 Page 11 Also discussed at this time was the issue of youth loitering around the mall. The Council discussed the possibility of increasing police patrol in that area. 7.3. Traffic Regulatory Signs According to a memo from Phil Hals, Street/Park Superintendent, the Street Department has completed an annual survey of all street signs and is recommending replacement of the damaged signs or those with low reflectivity. Mr. Hals submitted a list of proposed regulatory signs for installation. Councilmember Schuldt indicated he would like to add a sign at the nursing home driveway at Evans Avenue. The City Administrator indicated that he would inform the Street Superintendent to add this sign to the list if the sign is not located on private property. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE INSTALLATION OF THE SIGNS REQUESTED BY THE STREET/PARK SUPERINTENDENT IN HIS MAY 4, 1992, MEMO TO THE MAYOR AND CITY COUNCIL WITH THE ADDITION OF THE SIGN AT EVANS AVENUE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.4. Freeport Avenue Crosswalk The City Administrator indicated that the~ Street Superintendent is requesting authorization to install crosswalk signs and a painted crosswalk on Freeport Avenue, south of the intersection with Jefferson Lane. Vice Mayor Holmgren indicated that this is not a good location for the crosswalk because the traffic moves too fast around the curve. He indicated he felt the best locations would be either across from the movie theater or across from County Market. COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE THE INSTALLATION OF THE CROSSWALK AT FREEPORT AVENUE JUST SOUTH OF THE INTERSECTION OF JEFFERSON LANE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.5. Consider Westwood Area Project Change Order The City Administrator informed the Council that staff has received requests from property owners in the Westwood Area to add back into the project, 189th Avenue between Albany and Boston Streets. He indicated that the street was originally eliminated from the project in order to keep project costs to a minimum. He further stated that four property owners have stated that each would accept an additional $800 cost for the street. He stated the City's share of the cost would be $1,300. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHANGE ORDER IN THE WESTWOOD AREA PROJECT TO ADD 189TH AVENUE BACK INTO THE PROJECT BETWEEN ALBANY AND BOSTON STREETS AS OUTLINED IN THE 5/14/92 CITY ADMINISTRATOR MEMO. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.6. Partial Pay Estimate '1 Westwood Improvement Project . . . Elk River City Council Minutes May 18, 1992 Page 12 COUNCILMEMBER KROPUENSKE MOVED TO AUTHORIZE PARTIAL PAY ESTIMATE #1 TO NORTHDALE CONSTRUCTION FOR WORK COMPLETED ON THE WESTWOOD IMPROVEMENT PROJECT IN THE AMOUNT OF $64,460.34. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Check Register COUNCILMEMBER DIETZ MOVED TO APPROVE THE CHECK REGISTER. SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCI LMEMBER 9. Other Business There was no other business. 10. City Administrator Update The City Administrator updated the City Council on several issues. No trees in Orono Park are being removed as part of the Western Area Improvement Main Street and Highway 169 Project is moving forward The Liquor Store will be open on July 4 from 8:00 to 4:00 The School District has decided to cut the funds for one of the police officers Locally sponsored golf tournaments tbat are fundraisers for nonprofit groups 11. Adjournment There being no further business, COUNCILMEMBER DIETZ MOVED THE MEETING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. CARRIED 4-0. TO ADJOURN THE MOTION The meeting of the Elk River City Council was adjourned at 10:45 p.m. Respectfully submitted, ~ Sandra Thackeray City Clerk