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07-06-1992 CC MIN . . . MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 6, 1992 Members Present: Mayor Tralle, Councilmembers Schuldt, Dietz and Holmgren Members Absent: Councilmember Kropuenske Staff Present: Sandra Thackeray, City Clerk; Terry Maurer, City Engineer 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 7:00 p.m. by Mayor Tralle. 2. Consider 7/6/92 City Council Agenda The following items were added to the agenda: 5.10. Highway 169/Main Street Bids 5.11. Summary Publication for Transient Merchant Ordinance 5.12. Call Public Hearing for Department of Trade and Economic Development Grant Application 5.13. Fireworks Funding/American Legion 7.1. US Representative Oberstar COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 7/6/92 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 6/15/92 City Council Minutes COUNCILMEMBER HOLMGREN MINUTES. COUNCILMEMBER 3-0-1. Councilmember meeting. MOVED TO APPROVE THE 6/15/92 CITY COUNCIL DIETZ SECONDED THE MOTION. THE MOTION CARRIED Schuldt abstained as he was absent from that 4. Open Mike Leroy Kennedy addressed the Council. He indicated he would like the Council to consider Elk River having a Farmers Market one to two days per week. The Council concurred and suggested that Mr. Kennedy contact Mr. Rorr Pouliot who is in charge of the Sherburne County Fair. It was the Council's suggestion that if a Farmers Market were held that it be held at the Fairgrounds. The Council indicated its support of a Farmers Market in Elk River. Phil Johnson, 19440 Holt Avenue, informed the Council that a concerned citizen's group has been formed which call themselves "Citizens Who . . . Elk River City Council Minutes July 6, 1992 Page 2 Care". He indicated that this group is development that will be occurring development will have on issues such safety of children and property values. concerned about the commercial in Elk River and the impact that as retail business, traffic, Eleanor Todahl appeared before the Council and stated that she had several complaints regarding the Westwood Project. The complaints consisted of a piece of metal she found in the road, the dust in the area and also the fact that her driveway is uneven. Terry Maurer, City Engineer, addressed Ms. Todahl's concerns. 5.1. Hillside Estates Phase Improvement Project I Award Construction Bids and Order Terry Maurer, City Engineer, indicated tabulated for the Hillside Estates Phase the City received a total of five bids with R.L. Larson Excavating, Inc., at $435,068.38. that the bids I Improvement. the lowest have been He indicated bidder being COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 92-58, A RESOLUTION ACCEPTING BIDS AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE HILLSIDE ESTATES PHASE I OF 1992. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.2. Resolution Authorizing Issuance of $560,000 Temporary G.O. Improvement Bonds Mayor Tralle indicated that the Finance Director is recommending that the City Council authorize the issuance and sale of $560,000 General Obligation Temporary Improvement Bonds for the Hillside Estates Improvement. He stated that the improvement bonds are being issued specifically for the Hillside Estates improvements and because the special assessments will be paid within three years, the City was able to issue temporary improvement bonds with a maturity of three years. COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-59, A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $560,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS SERIES 1992C. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Western Area Improvements Change Order No.1 Terry Maurer reviewed the items described in Change Order No. 1 for the Western Area Improvement. He stated that the Change Order adds a total of $8,678 to the contract and that the two major items contained in the Change order are electrical issues and sanitary sewer drop inverts. COUNCILMEMBER SCHULDT MOVED TO WESTERN AREA IMPROVEMENT PROJECT. MOTION. THE MOTION CARRIED 4-0. ACCEPT CHANGE ORDER COUNCILMEMBER HOLMGREN NO. 1 FOR THE SECONDED THE . . . Elk River City Council Minutes July 6, 1992 Page 3 5.4. 165th Avenue Seal Coat Improvements Terry Maurer requested the Council to consider holding the public hearing and the assessment hearing for the 165th Avenue Seal Coat Improvement on July 20. He indicated this will eliminate the need for representatives of the RDF Plant to appear at two Council meetings. He also indicated that the bids for the project will be available for Council consideration at that date. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 92-60, A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE SEAL COAT IMPROVEMENT OF 1992. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 92-61, A RESOLUTION DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF SEAL COAT IMPROVEMENT OF 1992. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.5. Traffic Study Jackson Avenue/Highway 169 Terry Maurer stated that based on a Planning Commission recommendation and City Council concurrence, a traffic study is required to analyze the impacts of traffic generated by the John Weicht proposed development between Jackson Avenue and Trunk Highway 169 north of the School District property. Terry Maurer submitted a scope of services for the traffic study to the Council. John Weicht indicated that as the developer, he is prepared to issue a Letter of Credit for the traffic study. John Weicht also indicated he did not think an environmental study would be necessary for the first phase of the development project which included only the Cub Store. He indicated that after that is complete, the second phase would begin which would include other major stores and at that time the environmental study would be necessary. Mr. Weicht requested the City Engineer to do the traffic study in a format the could be used if the environmental study is necessary to eliminate duplicate costs. A neighboring resident questioned whether the traffic study would take the full concept into consideration. Terry Maurer indicated that the full development concept would be considered while conducting the traffic study. Rolfe Anderson questioned whether the traffic study would include Highway 10 and Jackson, the School District Office on School Street and Highway 169 along with the Highway 169 and Jackson Avenue. Terry Maurer indicated that all these areas would be included in the study. COUNCILMEMBER DIETZ MOVED TO HIRE MAIER STEWART TO CONDUCT THE TRAFFIC STUDY AT A COST NOT TO EXCEED $10,000 WITH THE STUDY TO INCLUDE THE COMPONENTS LISTED IN THE LETTER FROM TERRY MAURER TO THE MAYOR & CITY COUNCIL DATED JULY 1, 1992. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Minutes July 6, 1992 Page 4 . 5.6. Fillmore Right-of-Way Plat Terry Maurer indicated that during City acquired right-of-way and it Attorney to plat this right-of-way. the Fillmore Avenue Project, the was the recommendation of the COUNCI LMEMBER HOLMGREN MOVED RIGHT-OF-WAY PLAT. COUNCILMEMBER MOTION CARRIED 4-0. TO APPROVE THE FILLMORE DIETZ SECONDED THE MOTION. STREET THE 5.7. Ducks Unlimited Mayor Tralle indicated that Ducks Unlimited have requested approval to operate a raffle at Elk River Bowl. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE FROM LAWFUL GAMBLING FOR DUCKS UNLIMITED. THE MOTION. THE MOTION CARRIED 4-0. APPLICATION FOR EXEMPTION COUNCILMEMBER DIETZ SECONDED 5.8. New China Inn Beer On Sale License COUNCILMEMBER SCHULDT MOVED TO APPROVE THE BEER ON SALE LICENSE FOR NEW CHINA INN CONTINGENT UPON PAYMENT OF THE LICENSE FEE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. . 5.9. Transient Merchant Ordinance Amendment The City Clerk indicated that the newly revised transient merchant ordinance more clearly defines the terms of canvasser, peddler, solicitor and transient merchant. She further stated that the new ordinance addresses other issues that were not addressed in the current ordinance. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 92-20, AN ORDINANCE AMENDING SECTION 722 RELATING TO THE REGULATION OF TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS AND CANVASSERS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.10. Highway 169/Main Street Intersection Improvement Terry Maurer stated that the City has received a total of six bids for the Main Street/Highway 169 Intersection Improvements. He stated that the low bid was from GMH Asphalt Corporation at $390,134.11. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 92-62, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF TRUNK HIGHWAY 169/MAIN STREET INTERSECTION IMPROVEMENT OF 1992. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.11. Summary Publication Transient Merchant Ordinance . The City Clerk indicated that due to the length of the transient merchant ordinance, a summary publication would be required. . . . Elk River City Council Minutes July 6, 1992 Page 5 COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 92-63, A RESOLUTION APPROVING NOTICE OF PUBLICATION OF ORDINANCE 92-20, A SUMMARY OF THE TRANSIENT MERCHANT, SOLICITOR, PEDDLER AND CANVASSER ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.12. Call Public Hearing for DTED Grant Application The City Clerk indicated that in June the EDA authorized an application for a grant to the Department of Trade and Economic Development. She indicated that Bill Rubin, Economic Development Coordinator has met with DTED and has been informed that a requirement of the DTED is to hold a public hearing as part of the application process. She further indicated that Bill Rubin is requesting the City Council to authorize a public hearing for July 27. COUNCILMEMBER SCHULDT MOVED TO AUTHORIZE A PUBLIC HEARING FOR THE DTED GRANT APPLICATION PROCESS TO BE HELD ON JULY 27, 1992. COUNCI LMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.13. Fireworks Funding American Legion Councilmember Schuldt informed the Council that at a previous Council meeting, the Council discussed problems the Chamber is having in obtaining donations for the 4th of July Celebration. He stated that the State of Minnesota no longer allows charitable gambling funds to be donated to Chambers of Commerce. Councilmember Schuldt indicated that in order for the Legion to donate money for the 4th of July fireworks, a request must be made from the City of Elk River to the Legion. COUNCILMEMBER SCHULDT MOVED TO REQUEST FUNDS FROM THE ELK RIVER AMERICAN LEGION FOR THE PURCHASE OF FIREWORKS IN THE AMOUNT OF $2000. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Check Register COUNCILMEMBER HOLMGREN MOVED TO COUNCILMEMBER DIETZ SECONDED THE MOTION. APPROVE THE CHECK REGISTER. THE MOTION CARRIED 4-0. 7. Other Business 7.1. U.S. Representative Oberstar The City Clerk informed the Council that Jim Oberstar's Office Representatives will be visiting Elk River on July 14 in the morning and that the City Council is welcome to attend. 8. Adjournment There being no further business, COUNCILMEMBER DIETZ MOVED THE MEETING. COUNCI LMEMBER SCHULDT SECONDED THE MOTION. CARRIED 4-0. TO ADJOURN THE MOTION . . . Elk River City Council Minutes July 6, 1992 The meeting of the Elk River City Council adjourned at 8:55 p.m. Respectfully submitted, 9wnMa- mcu:~~e.t, Sandra Thackeray City Clerk Page 6