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<br />Joint Meeting of the City Council <br />April 18, 1995 <br /> <br />Page 2 <br /> <br />e <br /> <br />The City Administrator stated that staff is recommending denial to the request <br />based on the insurance issue, potential accidents, and legal concerns. <br /> <br />Coun<;:ilmember Scheel indicated that she did not feel the break in this median <br />was any different than the break in the median by Ron's Foods. <br /> <br />Jay Johnson, representing the developer, stated that the median design has <br />been over-engineered because the traffic will be heavier in the future. He stated <br />that the developer is willing to create whatever documentation is necessary to <br />indemnify the situation. The developer is also willing to escrow money to fill in the <br />break in the median in the future and is willing to make a recordable document <br />to run with the land informing all property owners that the break in the median <br />will be filled in the future. <br /> <br />Councilmember Holmgren indicated his support in allowing the break in the <br />median because there will be minimal traffic for the first couple of years. <br /> <br />City Attorney Peter Beck stated that he cannot recommend the break in the <br />median as it would be contrary to the engineering principals and designs <br />prepared by the City Staff. <br /> <br />Dan Richman, developer of the project, stated that if the curb cut does not go in <br />the project will not be completed this year. <br /> <br />e <br /> <br />Jim Hill of Total Petroleum indicated that the curb cut is essential to their business <br />and stated that the cut will be needed for 10 years. <br /> <br />COUNCILMEMBER HOLMGREN MOVED TO ALLOW THE CURB CUT IN THE MEDIAN <br />UNTil THE CITY ENGINEER RECOMMENDS CLOSING THE CURB CUT AND FURTHER <br />THAT LANGUAGE TO THIS EFFECT BE INCLUDED IN THE DEVELOPER'S AGREEMENT SO <br />THAT THERE IS A CLEAR UNDERSTANDING REGARDING THE FUTURE CLOSING OF THE <br />CURB CUT TO BOTH THE LEASEES AND TENANTS. COUNCILMEMBER SCHEEL <br />SECONDED THE MOTION. MOTION FAILED 2-2. COUNCllMEMBER DIETZ AND <br />MA VOR DUITSMAN OPPOSED. <br /> <br />It was the consensus of the Council to authorize the city staff to work with the <br />developers for a possible alternative to the situation and to review the issue on <br />April 25. <br /> <br />3. Discuss The Orono Road! Joolin Street Intersection <br /> <br />Kathy Heaney, Assistant County Attorney, reviewed the memorandum of <br />agreement, which was drafted for the intent of the County selling 1.75 acres of <br />land to the City of Elk River to complete the intersection of Orono Road and <br />Joplin Street. <br /> <br />The City Council discussed the expenses that the City will be incurring from this <br />transaction. <br /> <br />e <br />