3.1. 05-17-2010 DRAFT MINUTES REGULARDRAFT
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, MAY 17, 2010
Members Present: Mayor Klinzing, Councilmembers Zerwas, Motin, Westgaard, and
Gumphrey
Members Absent: None
Staff Present: City Administrator Lori Johnson, Planning Manager Jeremy Barnhart,
Environmental Administrator Rebecca Haug, City Attorney Peter Beck,
Police Chief Jeff Beahen, Finance Director Tim Simon, Parks and
Recreation Director Bill Maertz, Recreation Manager Steve Benoit, Street
Superintendent Phi Hals, and City Clerk Tina Allard
Also Present: Consulting Engineer John Anderson and Planning Commissioner Paul Bell
Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at 7:10 p.m. by Mayor Klinzing.
2. Consider 5/14/2010 Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION
CARRIED 5-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING
CONSENT AGENDA:
3.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
3.2.A. SPECIAL EVENT PERMIT AND TEMPORARY ON-SALE LIQUOR
LICENSE TO AMERICAN LEGION FOR JULY 3, 2010 WITH THE
FOLLOWING CONDITIONS:
1. THE LIQUOR LICENSE IS NOT VALID UNTIL APPROVED BY
THE COMMISSIONER OF PUBLIC SAFETY.
2. EVENT MUST BE HELD IN AN AREA THAT IS FENCED IN
WITH SECURED AND CONTROLLED ACCESS AND BE
COMPACT AND CONTIGUOUS TO THE LICENSED
ESTABLISHMENT.
3. NEIGHBORING PROPERTY OWNERS MUST BE NOTIFIED OF
THIS EVENT.
4. PERMISSION TO USE PRIVATE PROPERTY FOR PARKING
MUST BE OBTAINED PRIOR TO EVENT.
5. TENT(S) MUST BE INSPECTED BY THE FIRE MARSHAL PRIOR
TO THE EVENT. APPLICANT MUST CONTACT CLIFF
ANDERSON AT 763.635.1110 TO SCHEDULE AN INSPECTION.
City Council Minutes
May 17, 2010
Page 2
6. LIVE MUSIC SHALL BE LOCATED AS FAR INTO PROPERTY AS
POSSIBLE TO ALLEVIATE NOISE AND EGRESS ISSUES. NOT
NEAR ENTRANCES.
7. ADEQUATE FIRE LANE ACCESS MUST BE MAINTAINED AT
ALL TIMES ON ALL SIDES OF THE BUILDING. GATE ACCESS
FOR EMERGENCY VEHICLES SHALL BE PROVIDED AT THE
WEST FENCE LINE.
8. TWO POLICE RESERVES ARE REQUIRED TO BE ON DUTY
FROM 6 P.M. UNTIL MIDNIGHT. CONTACT POLICE CAPTAIN
BRAD ROLFE AT 763.635.1202 AT LEAST 3 WEEKS IN ADVANCE
TO SCHEDULE.
9. BUILDING OCCUPANCY LEVELS SHALL NOT BE EXCEEDED.
10. THE EAST FENCE LINE SHOULD BE RELOCATED AS SHOWN
ON ATTACHED MAP AS REQUESTED BY THE FIRE CHIEF.
11. CERTIFICATE OF INSURANCE SHALL BE FILED WITH THE
CITY LISTING THE CITY AS AN ADDITIONAL INSURED.
3.2.B. SPECIAL EVENT PERMIT AND TEMPORARY ON-SALE LIQUOR
LICENSE TO EAGLES CLUB FOR JUNE 4, 2010 WITH THE
FOLLOWING CONDITIONS:
1. THE LIQUOR LICENSE IS NOT VALID UNTIL APPROVED BY
THE COMMISSIONER OF PUBLIC SAFETY.
2. EVENT MUST BE HELD IN AN AREA THAT IS FENCED IN
WITH SECURED AND CONTROLLED ACCESS AND BE
COMPACT AND CONTIGUOUS TO THE LICENSED
ESTABLISHMENT.
3. CERTIFICATE OF INSURANCE SHALL BE FILED WITH THE
CITY LISTING THE CITY AS AN ADDITIONAL INSURED.
3.2.C SPECIAL EVENT PERMIT TO CENTRAL LUTHERAN CHURCH FOR
SEPTEMBER 18, 2010 WITH THE FOLLOWING CONDITIONS:
1. CERTIFICATE OF INSURANCE SHALL BE FILED WITH THE
CITY LISTING THE CITY AS ADDITIONAL INSURED.
2. APPLICANT MUST CONTACT POLICE CAPTAIN BRADLEY
ROLFE (763.635.1260) AT LEAST THREE WEEKS PRIOR TO
EVENT TO ARRANGE POLICE RESERVES.
3. THERE IS A PORTABLE TOILET LOCATED IN THE
WOODLAND TRAILS PARKING LOT FOR GENERAL USE. IF
ADDITIONAL PORTABLE TOILETS ARE DESIRED, APPLICANT
SHALL PROVIDE PORTABLE TOILET SERVICES THROUGH
PRIVATE CONTRACTOR.
4. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN-
UP IMMEDIATELY FOLLOWING THE EVENT.
3.3. 2010 INDEPENDENCE DAY COMMITTEE TO USE LIONS PARK
WITH THE FOLLOWING CONDITIONS:
1. NOTICE OF THE EVENT SHALL BE GIVEN TO AREA
RESIDENTS AND BUSINESSES.
2. COMMITTEE SHALL PROVIDE GARBAGE AND RECYCLING
THROUGH A PRIVATE CONTRACTOR. ANY DEBRIS IN THE
PARK SHALL BE CLEANED UP IMMEDIATELY FOLLOWING
THE EVENT.
3. THE COMMITTEE SHALL PROVIDE ENOUGH PORTABLE
TOILET FACILITIES THROUGH A PRIVATE CONTRACTOR TO
ACCOMMODATE THE EXPECTED ATTENDANCE. THE
City Council Minutes
May 17, 2010
Page 3
COMMITTEE WILL COORDINATE LOCATIONS FOR THE
TOILET FACILITIES THROUGH THE PARKS MAINTENANCE
SUPERVISOR.
4. PROOF OF INSURANCE WITH MINIMUM COVERAGE LIMITS
OF ONE MILLION DOLLARS AND THE CITY NAMED AS AN
ADDITIONAL INSURED SHALL BE REQUIRED.
3.4. AMEND APRIL 28, 2010 BOARD OF APPEAL AND EQUALIZATION
MINUTES AS OUTLINED IN THE STAFF REPORT.
3.5. AMEND ADVISORY BOARD AND COMMISISON POLICY AS
OUTLINED IN THE STAFF REPORT.
3.6. INSTALL A NEW FLAG POLE AT THE KOREAN WAR MEMORIAL IN
LIONS PARK IN AN AMOUNT NOT TO EXCEED $2,116.13.
MOTION CARRIED 5-0.
4. Open Mike
No one appeared for Open Mike.
5.1. Request by Learning Blocks Childcare, Inc. for Conditional Use Permit. Case No. CU 10-11
- Public Heating
Mr. Barnhart presented Mr. Leeseberg's staff report.
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 WESTGAARD TO APPROVE CONDITIONAL USE
PERMIT, CASE NO. CU 10-11 AS ILLUSTRATED ON DRAWINGS DATED
3/31/10 WITH THE FOLLOWING CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE
APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS.
2. SIGN PERMITS WILL BE REQUIRED FOR ANY SIGNAGE.
3. THE APPLICANT SHALL OBTAIN ALL REQUIRED LICENSING FROM
THE STATE OF MINNESOTA PRIOR TO OPERATION.
MOTION CARRIED 5-0.
5.2.A. Reauest by St~rint for Ordinance Amendment to Rezone a Portion of Property Owned b
Elk River Sportsman's Club to Antenna Overlay District, Case No. ZC 10-04 -Public
Hearin
5.2.B. Request by Sprint Conditional Use Permit for Antenna Tower, Case No. CU 10-10 -Public
Hearin
Mr. Barnhart presented the staff report.
Mayor I~linzing opened the public hearing for both of these items. There being no one to
speak to this issue, Mayor Klinzing closed the public hearing.
City Council Minutes
May 17, 2010
Page 4
Steve Truman, representing Sprint-Stated fall zones are designed as a safety mechanism in
order to protect neighboring properties or nearby structures and the Sprint tower would be
less than twice the distance from either of these so a fall zone plan shouldn't be needed. He
stated Sprint designs their equipment around outdoor cabinets and doesn't use shelters and
further noted no one will see the equipment due to the tower location.
Mr. Beck stated the city ordinance was written when the existing carriers used to have
shelter buildings. He stated the shelters shouldn't be needed as long as there is adequate
screening. Mr. Beck noted the towers are designed to be located closer than their height
from a property line and that this is when a fall zone analysis is requested in order to
confirm that the design will fold over onto itself and stay within the property line. He stated
this applicant shouldn't need to submit a fall zone report.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ADOPT ORDINANCE 10-06
AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE
CERTAIN PROPERTIES TO AT (ANTENNAE OVERLAY), CASE NO. ZC 10-04
AS ILLUSTRATED ON DRAWINGS DATED APRIL 15, 2010. MOTION
CARRIED 5-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE CONDITIONAL USE
PERMIT, CASE NO. CU 10-10 AS ILLUSTRATED ON DRAWINGS DATED
MARCH 22, 2010 WITH THE FOLLOWING CONDITIONS:
PRIOR TO BUILDING PERMIT:
1. THE TOWER MUST BE DESIGNED TO ACCOMMODATE TWO
ADDITIONAL USERS. 30-1837 D-(2).
2. TOWERS AND THEIR ANTENNAS SHALL BE CERTIFIED BY A
QUALIFIED AND LICENSED PROFESSIONAL ENGINEER TO
CONFORM TO THE LATEST STRUCTURAL STANDARDS AND
WIND LOADING REQUIREMENTS OF THE UNIFORM BUILDING
CODE AND THE ELECTRONICS INDUSTRY ASSOCIATION AND
ALL OTHER APPLICABLE REVIEWING AGENCIES. 30-1837 E-(2).
3. ALL SIGNAL AND REMOTE CONTROL CONDUCTORS OF LOW
ENERGY EXTENDING SUBSTANTIALLY HORIZONTALLY ABOVE
THE GROUND BETWEEN A TOWER OR ANTENNA AND A
STRUCTURE, OR BETWEEN TOWERS, SHALL BE AT LEAST EIGHT
FEET ABOVE THE GROUND AT ALL POINTS, UNLESS BURIED
UNDERGROUND. 30-1837 E-(5).
4. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,
THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS.
5. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE
CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL
FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS
NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE
RESIDENTS.
ONGOING:
6. ALL TOWERS SHALL BE PROTECTED AGAINST UNAUTHORIZED
CLIMBING. THE BOTTOM OF THE TOWER (MEASURED FROM
GROUND LEVEL TO 12 FEET ABOVE GROUND LEVEL) SHALL BE
City Council Minutes
May 17, 2010
Page 5
CONSTRUCTED IN SUCH A MANNER TO PRECLUDE
UNAUTHORIZED CLIMBING. THE TOWER, ANTENNA AND
SUPPORTING EQUIPMENT SHALL BE ENCLOSED BY AN EIGHT-
FOOT-HIGH CHAIN LINK FENCE WITH A LOCKED GATE. 30-1837
E-(6).
7. METAL TOWERS SHALL BE CONSTRUCTED OF, OR TREATED
WITH, CORROSIVE RESISTANT MATERIAL. 30-1837 E-(7).
8. ONLY ONE TOWER SHALL EXIST AT ANY ONE TIME ON ANY LOT
OR PARCEL. THE MINIMUM LOT SIZE REQUIREMENT SHALL BE
ONE ACRE. 30-1837 E-(8).
9. TOWERS AND ANTENNAS SHALL BE DESIGNED TO BLEND INTO
THE SURROUNDING ENVIRONMENT THROUGH THE USE OF
BUILDING MATERIALS, COLOR, TEXTURES, CAMOUFLAGING
ARCHITECTURAL TREATMENT, SCREENING AND LANDSCAPING,
EXCEPT IN INSTANCES WHERE THE COLOR IS DICTATED BY
FEDERAL OR STATE AUTHORITIES SUCH AS THE FEDERAL
AVIATION ADMINISTRATION. 30-1837 F-(1).
10. NO ADVERTISING, LOGOS OR IDENTIFICATION OF ANY KIND IS
PERMITTED, EXCEPT AS MAY BE REQUIRED BY FEDERAL AND
STATE AUTHORITIES. 30-1837 G.
MOTION CARRIED 5-0.
5.3. Request by City of Elk River for Land Use MaP Amendment to Change Existing Land Use
from Agricultural to Landfill. Case No. LU 10-01 -Public Hearine
Ms. Haug presented her staff report.
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 WESTGAARD TO ADOPT RESOLUTION 10-17 OF THE
CITY COUNCIL OF THE CITY OF ELK RIVER AMENDING THE LAND USE
MAP ELEMENT OF THE CITY OF ELK RIVER 2004 COMPREHENSIVE
PLAN TO DESIGNATE CERTAIN PROPERTY WITHIN THE CITY AS
~~LANDFILL." MOTION CARRIED 5-0.
5.4. Request by Waste Management for Conditional Use Permit for Expansion -Elk River
Landfill, Case No. CU 10-08 -Public Hearin
Ms. Haug presented her staff report.
Mayor Klinzing opened the public hearing.
Jack Perry, attorney representing Waste Management -Distributed three handouts: Mr.
Perry's memo, email to Deb Walters from Stephanie Stolz, and photographs taken by Ms.
Walters. He introduced Stephanie Stolz who addressed Item # 5 in his memo.
Stephanie, Stolz, an engineer for the landfill -Reviewed the email. She reviewed the
alternative expansion options mentioned by Mr. Ledvina in his report and stated these
City Council Minutes Page 6
May 17, 2010
options could be done but would be very costly. She further reviewed the other two
alternatives that Mr. Ledvina discussed as noted in her email.
Mr. Perry stated the landfill doesn't see the three alternatives as possible. He stated Item # 1
in his memo isn't completed yet because the landfill would like city approval prior to
proceeding with costly engineering work and the city could add a condition to the approval
requiring MPCA permits.
Mr. Perry introduced landfill employee Deb Walters who reviewed Item # 3 in his memo.
Deb Walters, landfill employee -Reviewed the photographs handout. She stated there is a
slight view of the existing landfill in photo #3. She stated you can't see the landfill until you
get to photo #20 at the Tiller mining operation entrance.
Mr. Perry reviewed Item # 2 in his memo. He stated the city has never raised issue in the
past with regards to property interest being obtained. He stated purchase agreements aren't
typically given out and wanted the city to provide some sort of protection to the parties of
the agreement if its submission is required.
Mr. Perry discussed Item # 2b in his memo. He stated the landfill had to submit this
application for a conditional use permit because the city would argue that the subject 13
acres weren't in the original application. He stated the landfill isn't sure which way the court
will rule and the landfill also has timeline issues.
He stated the city still has time under the 60 day rule to table this application until the court
rules on its decision and it may also help the city avoid additional litigation. He stated the
only issue the city should consider is the 200 ft buffer, which he believed could be approved
with a condition that Item 2.b. (1) or (2) {from his memo} occurs.
Mayor Klinzing closed the public hearing.
Mr. Beck stated that whether the landfill has other expansion alternatives is not one of the
criteria for approving or denying this conditional use permit, but that this is only an
observation in the staff report. He stated Mr. Ledvina noted there are alternatives for
expansion on existing landfill property in his report. Mr. Beck stated the landfill keeps saying
there are no alternatives but Ms. Stolz stated tonight that the alternatives could be done but
would be costly.
Mr. Beck stated Mr. Perry's statement that whenever any conditions can be conceived they
are required to be attached to the conditional use permit and the Council is obligated to
approve the permit (based on the two cases cited in Mr. Perry's memo) is incorrect. Mr.
Beck stated these two cases don't mandate a City Council to issue a conditional use permit
for violations of state regulations or city ordinance. He stated that a fording that an
application doesn't comply with existing law is a legally sufficient reason for denial of a
conditional use permit.
Mr. Beck stated the landfill, in their original application, agreed to maintain the 200 foot
buffer. He stated in this application the landfill is proposing to push waste up to a property
line and there is no evidence that this property line has been moved; therefore this
application does not comply with state regulation. He noted the city hasn't received any
requests to consolidate the parcels or to move the property line 200 feet.
City Council Minutes
May 17, 2010
Page 7
Mr. Beck stated the application does not comply with the Elk River City Code which is a
legally sufficient basis for denial. He stated there are many scenarios that could play out in
the litigation but making a decision on this application based on what may or may not
happen in the litigation is not the Council's responsibility under law. He stated this
application should be evaluated and acted on based on its merits and it should be acted on
within the timeframe state law requires. Mr. Beck stated the Council's duty is to apply the
standards that are required for issuance of a conditional use permit.
Matt Ledvina, Landmark Environmental -Stated if this expansion is authorized,
excavation would occur and the current screening plan would be lost. He stated all
operations of the landfill would be seen from the southern area. He stated the submitted
photos are not representative of what the future conditions may be and the time period that
it will last. His understanding is that Tiller's mining operation will come within 50 feet of the
southern property boundary.
Mr. Beck stated the property between 2215Y Avenue and the existing south boundary is
anticipated to be mined and a lot of the landscape in the photos will disappear. He noted
staffs concern is the last 200 feet on the landfill property which could go away and create a
clear site line on the south boundary.
Councilmember Motin noted that Judge Varco in the litigation has said the landfill lawsuit
isn't subject to mandamus. He stated the Court of Appeals ruled there is no injunction and
Judge Varco's order is not a final order and the city is not compelled to rely on it.
Councilmember Moon stated the city has been cooperative over the years with the landfill
and noted many past expansions. He stated it doesn't mean the city is uncooperative because
it wants the landfill to remain within the Solid Waste Facility District.
Councilmember Motin noted the landfill engineer comments regarding the 9 acres of landfill
property which he believed could be excavated and would be profitable.
Councilmember Moon stated the court did not require the city to rezone the property.
Councilmember Motin expressed the following additional concerns with the expansion
(including the concerns mentioned for the 109 acre application):
^ Environmental issues for residents: you can state something is safe but it doesn't make
it safe. He cited the current oil leak issue in the gulf. The liner is not permanent forever
and no one can say it won't ever have any environmental issues. He stated if they were
100% safe the city wouldn't need monitoring wells.
^ Pollution: Odor and garbage. The landfill tries to mitigate these factors but they don't
ever go away. He noted Highway 169 is routinely strewn with litter.
Mayor Klixizing stated the landfill is making this request based on the assumption they will
be allowed to expand onto the 109 acre site. She stated the 200 foot buffer is in the best
interest of the residents for the reasons noted tonight and to protect the property owners
next to the landfill.
MOVED BY COUNCILMEMBER GUMPHREY TO DENY THE REQUEST BY
WASTE MANAGEMENT FOR AN AMENDMENT TO THEIR EXISTING
City Council Minutes
May 17, 2010
Page 8
CONDITIONAL USE PERMIT AND SOLID WASTE FACILITY LICENSE FOR
THE ELK RIVER LANDFILL, CASE NO. CU 10-08.
Mr. Beck stated he drafted a proposed resolution with some findings for the denial if the
Council would like to recommend denial. He asked the Council to review it for any changes.
He gave copies of the resolution to Council and the public.
COUNCILMEMBER GUMPHREY WITHDREW HIS MOTION.
Mr. Beck reviewed the draft resolution and the proposed findings of fact with Council. He
stated "and SWFL" needs to be stricken from #18.
Counciltnember Motin stated # 24 should be changed to state that the landfill has
alternative expansion opportunities within the solid waste facility district. He stated he
would also like to add the comments of Ms. Stolz, the landfill engineer who stated that the
expansion on the landfill property could be a challenge and costly but would be possible.
Mr. Beck made the changes requested by Council and read them back to the Council.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 10-18, WITH THE
CHANGES MADE BY COUNCIL, DENYING THE APPLICATION OF ELK
RIVER LANDFILL, INC. TO AMEND ITS EXISTING CONDITIONAL USE
PERMIT AND SOLID WASTE FACILITIES LICENSE TO ALLOW
EXPANSION OF THE ELK RIVER LANDFILL BY DEVELOPING THE
EXISTING 200-FOOT BUFFER ZONE ON THE SOUTH SIDE OF THE
LANDFILL FOR THE DEPOSIT OF SOLID WASTE. MOTION CARRIED 5-0.
5.5. Request by City of Elk River for Potential Ordinance Amendment for Elk River Plaza PUD.
Case No. ZC 10-02
Mr. Barnhart presented Mr. Leeseberg's staff report.
Council concurred with striking the outdoor commercial recreational uses.
This item will come back for Council consideration at a later date.
5.6. Request by Ken Beaudry/M Garg for Conditional Use Permit for Fast Cash Business. 356
Jackson Avenue, Case No. CU 10-04 -Public Heating
Mr. Barnhart presented Mr. Leeseberg's staff report.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER MOTIN TO DENY CONDITIONAL USE PERMIT, CASE
NO. CU 10-04 BASED ON THE FOLLOWING FINDING:
1. ALL OF THE REQUESTED INFORMATION WAS NOT RECEIVED BY
MAY 3, 2010.
MOTION CARRIED 5-0.
City Council Minutes
May 17, 2010
6.1. 193r4 Avenue Traffic Counts
John Stewart, of BDM presented Mr. Anderson's staff report. He noted the petition
submitted by area residents asked for the following:
^ 4-way stop at 1931 Avenue and Tyler Street.
^ 4-way stop at 1931 and Xavier Street.
^ Establishment of a 30 mph speed limit.
Page 9
Mr. Stewart stated the Mn/DOT Speed Study would allow fora 30 mph speed limit but the
warrants for establishing 4-way stops at the two intersections noted above are not met based
on existing traffic volumes, speed, and accident data.
Mr. Stewart stated it would be appropriate to put in the following pedestrian walkways at an
approximate cost of $2,500:
^ A north south crosswalk crossing 193r4 Avenue on the west side.
^ A crosswalk on the north side of the intersection running east/west.
^ A crosswalk on the south side of the intersection.
It was noted a crosswalk on the south side didn't have a destination.
Councilmember Gumphrey questioned how often these studies should be completed. He
further questioned if this project could be done in-house.
Mr. Stewart noted it would depend on development but suggested two years.
Staff stated it could be done in-house.
Aaron Rasmus, 19298 Xavier Street -Stated the 4-way stops should be installed despite the
studies that were conducted. He expressed concern for the safety of his family.
Mayor Klinzing stated she is in favor of the 4-way stop signs based on the design of the
street.
Councilmember Zerwas stated he would need more information from the police department
before he could support the 4-way stop signs. He stated the design of the road makes it
difficult to speed and that traffic being too fast may be based on perception of the residents
as seen in other neighborhoods.
Councilmembers Gumphrey, Westgaard, and Motin concurred with Councilmember Zerwas
that the 4-way stop signs are not needed at this time but that the city should revisit the
counts in the future.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO INSTALL THE CROSSWALKS AND
SIGNAGE, NOT TO PROCEED WITH THE 4-WAY STOPS, AND TO
CONTINUE TO MONITOR THE COUNTS ON 193RD AVENUE. MOTION
CARRIED 4-1. Mayor Klinzing opposed.
City Council Minutes Page 10
May 17, 2010
6.2. Premises Permit for Zimmerman Fire Relief Association
Ms. Allard presented the staff report.
Mayor Klinzing noted how difficult it is to find local organizations to operate premises
permits in the city due to them not being as profitable as they were at one time.
Council agreed they would like to see an ordinance amendment that would allow any
organization in the city's current trade area to be able to operate in the city.
Councilmember Motin stated he would like to see preferential treatment given to an
organization. that is located in Elk River before it goes to the trade area. He also expressed
concerns with the violations that occurred by the Zimmerman Fire Relief.
Mayor Klinzing stated the violations were minor and asked staff to provide this data for
current organizations operating in Elk River.
Councilmember Motin asked what the city's rights are for denying permits once they are
approved as they run perpetually under the new law.
Ms. Allard stated she would check to see what right the city has for denying these
applications.
MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 10-19 DENYING
A PREMISES PERMIT TO THE ZIMMERMAN FIRE RELIEF ASSOCIATION.
MOTION CARRIED 5-0.
Dan Plude, Zimmerman Fire Relief Association -Stated the violations were minor. He
further stated the Zimmerman Fire Relief Association would contribute funds to support
the Elk River community.
6.3. Consumption and Disblay Permit Renewal -Wapiti Park Campground Inc
Ms. Allard presented the staff report.
Mayor Klinzing asked if anyone from the audience had a comment on this item. No one
came forward.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 10-20
DENYING A CONSUMPTION AND DISPLAY PERMIT TO WAPITI PARK
CAMPGROUND, INC. DBA/WAPITI PARK CAMPGROUND. MOTION
CARRIED 5-0.
6.4. Police Department Award
Chief Beahen presented his staff report and displayed the award received.
Councilmember Zerwas thanked the chief for his work on this ordinance.
Councihnember Gumphrey stated the chief did a good job on this ordinance.
City Council Minutes Page 11
May 17, 2010
6.5. COPS Funding
Chief Beahen presented the staff report.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER ZERWAS TO AUTHORIZE STAFF TO PROCEED WITH
THE COMMUNITY ORIENTED POLICING SERVICES GRANT. MOTION
CARRIED 5-0.
6.6. Tobacco Free Parks Policy
Mr. Benoit presented the staff report.
Councilmember Zerwas expressed concern with applying this policy to the entire park
system and provided the example of golfers wanting to smoke a cigar on the municipal golf
course. He further noted that he understands that the course offers a large youth golf
program and the need to set an example to youth. Councilmember Zerwas also noted it
would difficult to split parks out of the policy and for citizens to know which parks allow or
disallow tobacco.
Mr. Maertz stated the department wouldn't be enforcing the policy in mass but that the
polity would provide support for those who don't like the use of tobacco around them to at
least have the opportunity to mention it.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ADOPT THE TOBACCO FREE PARKS
POLICY AS OUTLINED IN THE STAFF REPORT. MOTION CARRIED 5-0.
Councilmember Motin stated he supports the polity but noted concerns with adopting
policies or ordinances that have no mechanism in place for enforcement.
6.7. 2010 Overlay Improvement Project
A. Award Consulting Engineer Contract
B. Resolution Ordering Feasibility Study
Ms. Johnson presented the staff report. She stated two companies came in as low bidders:
Bolton and Menk and SEH. She stated both firms were interviewed and staff recommends
Bolton and Menk as the consulting engineer for this project.
Mr. Hals reviewed the four overlay areas.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER MOTIN TO AWARD THE CONSULTING
ENGINEERING CONTRACT FOR THE 2010 OVERLAY IMPROVEMENT
PROJECT TO BOLTON AND MENK IN AN AMOUNT NOT TO EXCEED
$35,105. MOTION CARRIED 5-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 10-21 ORDERING
THE PREPARATION OF A FEASIBILITY REPORT FOR THE 2010 OVERLAY
IMPROVEMENT PROJECT. MOTION CARRIED 5-0.
City Council Minutes Page 12
May 17, 2010
7. Other Business
There was no Other Business.
8. Council Updates
Mn/DOT Freight Study Meeting
Mayor Klinzing stated she attended a Mn/DOT meeting regarding a freight study. She
explained that the meeting was about trucks, trains, air, and gas line freight and that
Mn/DOT wanted to identify concerns raised by cities. She noted that she mentioned grade
separations for railroads and how costly they are for cities to implement.
9. Staff Updates
City Engineer Update
Ms. Johnson stated 5-7 candidates would be interviewed for the city engineer position and
that this item would be on the June 7 Council agenda for consideration of a candidate.
Maert~ l~erignation
Ms. Johnson noted Parks and Recreation Director Bill Maertz submitted a letter of
resignation because he accepted a position in California.
10. State of the City/2009 Annual Report
Mayor Klinzing noted this was delayed due to the long agenda and late night.
Ms. Johnson questioned when Council would like to reschedule the presentation.
Council concurred with June 21, 2010.
11. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 10:10 p.m.
Tina Allard, City Clerk
Stephanie Klinzing, Mayor