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06-12-2000 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 12, 2000 Members Present: Mayor Klinzing, Councilmembers Dietz, Thompson, Farber, and Motin Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Peine, City Clerk; Terry Maurer, City Engineer; Steve Rohlf, Building and Zoning Administrator; Tom Zerwas, Chief of Police 1. Call Meetin.q To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:05 p.m. by Mayor Klinzing. 2. Consider A.qenda The following item was removed from the agenda: 3.4. Request for Transient Merchant License by CW Marketing The following items were added to the agenda: 6.1. City Flag 7.2. Finance Department Intern COUNCILMEMBER THOMPSON MOVED TO APPROVE THE 6/12/00 COUNCIL AGENDA AS AMENDED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Dietz requested that a discussion of the transient merchant requirements be placed on a future council agenda. 3. Consider Consent A.qenda COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1. 3.2. 3.3. 3.4. 3.5. 5/22/00 CITY COUNCIL MINUTES - APPROVED CHECK REGISTER - APPROVED REQUEST BY FIRE CHIEF TO Al'rEND NATIONAL FIRE CHIEF'S CONFERENCE - APPROVED REQUEST FOR TRANSIENT MERCHANT LICENSE BY CW MARKETING - REMOVED FROM AGENDA REQUEST FOR APPLICATION FOR EXEMPT GAMBLING PERMIT BY CHURCH OF ST. ANDREW TO HOLD BINGO AND RAFFLE DURING THE PARISH FESTIVAL ON SEPTEMBER 17, 2000 - APPROVED Elk River City Council Minutes June 12~ 2000 Page 2 3.6. 3.7. 3.8. 3.9. 3.10. 3.11. TEMPORARY 3.2 PERCENT ON SALE BEER LICENSE FOR CHURCH OF ST. ANDREW, 566 FOURTH STREET, FOR SEPTEMBER 17, 2000, DURING PARISH FESTIVAL - APPROVED TEMPORARY 3.2 PERCENT BEER LICENSE FOR CHAMBER OF COMMERCE FOR FOURTH OF JULY FESTIVAL TO BE HELD AT ORONO PARK - APPROVED TOBACCO LICENSE FOR SNYDER DRUG STORE #5093 AT 804 FREEPORT AVENUE - APPROVED REQUEST BY THE SAFETY COMMII'I'EE TO PURCHASE AN INDUSTRIAL WORK PLATFORM FROM UNITED RENTALS AT $5,947.13 - APPROVED ROBERT NICKERSON'S RESIGNATION FROM THE HERITAGE PRESERVATION COMMISSION - ACCEPTED REQUEST BY STAFF AND LAKE ORONO WATER QUALITY TASK FORCE TO HIRE DOCTOR COOPER TO TRAP GEESE AT LIONS PARK AND LAKE ORONO SWIMMING BEACH THIS SUMMER AT AN ESTIMATED COST OF $2,500 TO $3,000 - APPROVED COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike Hi.qhway 169 Pedestrian Brid.qe Councilmember Motin expressed his apology to the Twaddle family and city of Elk River for a comment he made during a Channel 4 Dimension Report. Nancy Krasean requested the council to reconsider its motion to allow the plaque to be installed on both ends of the pedestrian bridge. She presented the council with a petition of 800 signatures also requesting that plaques in memory of John Twaddle be installed at both ends of the bridge over Highway 169. She further indicated that if the council is not certain about the wording on the plaque, the people are willing to work together to find the appropriate words. Mayor Klinzing indicated that she is in favor of revisiting the issue. She indicated that she would be willing to seek a compromise and suggested a plaque to honor all people who have lost their life on the highways and to dedicate the bridge to future generations who will be safer because the bridge was installed. Councilmember Farber indicated that the people in the community are speaking loudly to this issue and he felt that the plaque should be installed as requested by the people. Councilmember Thompson indicated that the council should be looking at the accomplishment of the Twaddle family for the installation of the lighting, bridge, and fencing. He indicated that these improvements should have been done a long time ago, but were not done until the Twaddle family pursued the issue. Linda Twaddle indicated that the focus should be placed on the bridge, the fence, and the lighting and not on her son. She indicated that the issue is about the efforts of her husband and the community pulling together to achieve the accomplishment. Elk River City Council Minutes June 12, 2000 Page 3 Larry Thompson questioned why School Street did not run entirely through Elk Hills Drive and to County Road 13 to improve public safety. Mayor Klinzing noted that the original language requested to be placed on the plaque will not occur unless two members of the council request to reconsider the motion. She further noted that the councilmembers requesting reconsideration must be on the prevailing side of the motion. MAYOR KLINZING MOVED TO ALLOW A PLAQUE THAT MEMORIALIZES ALL PEOPLE WHO HAVE LOST THEIR LIVES ON HIGHWAYS 169 AND 10 AND TO DEDICATE THE BRIDGE TO FUTURE GENERATIONS WHO WILL BE SAFER BECAUSE OF THE BRIDGE. COUNCILMEMBER DIETZ SECONDED THE MOTION. Councilmember Farber indicated he did not feel the council is listening to the community. Cecilia Scheel, 10271 213th Avenue NW, spoke in favor of allowing the plaque as requested by the people. Jennifer Twaddle indicated that the community needed the lights, fencing, and bridge prior to her brother being killed. She stated that it is important that the plaques be placed on the bridge. Sue Hasskamp, Dodge Street, indicated that the community owes a great deal of thanks to the Twaddle family. She stated that the issue is not about memorializing deaths on the highway but about the community pulling together. She indicated that the Twaddle's did what they did because they cared about other kids in the area and did not want to see another tragic accident. Tom Warner stated that thanks to the efforts of the Twaddle's, the city has the bridge. He also indicated he would like to see the plaque placed on the bridge as originally presented. Councilmember Thompson suggested that a group of people get together to come up with verbiage for the plaque. He further indicated he felt that plaques should be placed on the bridge. COUNCILMEMBER MOTIN MOVED TO TABLE THE MOTION ON THE FLOOR. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION TO TABLE CARRIED 5-0. County Road 13 Jeannine Bernard questioned whether the closing or rerouting of County Road 13 was a final decision. City Engineer Terry Maurer reviewed a map with the audience and explained that a portion of County Road 13 will be turned back to the city and a new County Road 13 section connecting to County Road 12 has been accepted by Elk River City Council Minutes June 12, 2000 Page 4 Sherburne County once it is completed. The plan calls for the part of County Road 13 that is given to the city to be made into a cul-de-sac. Jerry Ganz, Twin Lakes Road, indicated he was opposed to the cul-de-sac on County Road 13. Jerry Becker, 18741 Twin Lakes Road, indicated he was opposed to the cul-de- sac. Ron Alstad, 11301 198th Avenue, questioned the traffic route from Tyler Street to Highway 169. He also questioned whether there were any considerations for more east/west corridors. He suggested placing restrictions for semi-trucks and heavy equipment on the road. City Engineer Terry Maurer indicated that placing restrictions on the road would not be possible as the road is an MSA road. Carol Rehling, 11015 197th Avenue, indicated that there has been an increase in traffic and stated that people are finding shortcuts to get to Highway 169. She requested that the city put in summer time speed bumps and indicated that she was opposed to the cul-de-sac. Jim Gardiepy, 19751 Tyler, indicated that he has noticed an increase in traffic and in the speed of the traffic. He also indicated that he would like to see restrictions placed on the road for heavy equipment and semis. Ronny Kostreba, County Road 13, indicated his concern about where stoplights will be placed. Bonnie Gardiepy, 19751 Tyler, indicated her opposition to the cul-de-sac. Laurel Thompson questioned if 193rd would be built to specific standards. He indicated that there is no east/west route and stated he would like to see School Street extended. Gall Trushenski questioned where her driveway would be placed in relation to the road. Mayor Klinzing indicated her concern regarding the lack of east/west routes in the city. She further noted that she has a concern regarding the Highway 169 and County Road 33 intersection, especially if traffic increases from County Road 33. Following council discussion it was the consensus to direct the city engineer to further research the issue and bring information to the City Council at a future meeting. The City Council recessed at 8:35 and reconvened at 8:45. Elk River City Council Minutes June 12, 2000 Page 5 5,1, 5,2. 5,3. Ordinance Amendment to Section 404.12, Huntin.q and Shootin.q, Permission by Landowner Building and Zoning Administrator Steve Rohlf indicated that the city is requesting an ordinance amendment to address bow hunting in city parks to control the deer population and hunting geese to control the goose population within the city. He indicated that the proposed changes to the hunting ordinance allow hunting in city parks with council authorization and allows owners of large, undeveloped parcels located in no hunting zones to receive permission to hunt from the chief of police. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 00-10, AMENDING SECTION 404.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ENTITLED "HUNTING AND SHOOTING, PERMISSION BY LANDOWNER." COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Tax Forfeited Properties City Administrator Pat Klaers reviewed a list of five tax-forfeited properties, He indicated that Building and Zoning Administrator Steve Rohlf recommended that the city pursue Parcels A and C. The council discussed the possibility of also pursuing Parcel E. COUNCILMEMBER MOTIN MOVED TO ADVISE SHERBURNE COUNTY THAT THE CITY DESIRES TO PURSUE TAX FORFEITED PROPERTIES PARCELS A, C, AND E. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Liquor License Renewals City Clerk Sandra Peine presented the council with a list of liquor establishments requesting renewal for the 2000-2001 licensing year. She indicated that China House Buffet and Tally Ho Restaurant should be deleted from the list. She stated that Tally Ho Restaurant has indicated they will not be renewing the wine and 3.2 beer license and China House Buffet has not responded to the request for renewal, COUNCILMEMBER DIETZ MOVED TO APPROVE THE 2000-2001 LIQUOR LICENSE RENEWALS AS LISTED ON THE A1TACHMENT TO THE COUNCIL MEMO DATED JUNE 12, 2000, WITH THE EXCEPTION OF CHINA HOUSE BUFFET AND TALLY HO RESTAURANT. COUNClLMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. In a related issue, the city clerk reviewed with the council the number of liquor licenses available to the City of Elk River. She indicated that the city has three licenses available and can only increase that number when the city population reaches 20,000, which is determined by the federal census. The council discussed the fact that the city will not reach a population of 20,000 during the 2000 census and, therefore, no increase would take place until after the 2010 census. The council indicated its concern about running out of liquor licenses, which would affect development in the city of Elk River in relation to restaurants, hotels, conference centers, etc. Discussion was held regarding placing a moratorium on Elk River City Council Minutes June 12, 2000 Page 6 two of the licenses to allow the council to issue the licenses at their option, however, it was felt that this would preclude developers from building in the city. The City Council discussed the possibility of increasing the number of on sale liquor licenses to 18 with a question to the voters during the general election. Following a discussion it was the consensus of the council to direct the city clerk to contact the legislators to see if there is any possibility of passing special legislation to increase the number of liquor licenses for the City of Elk River prior to making a decision to go to the voters during the general election. 5.4. Resolution Approving County State Aid Highway 12 Plans City Engineer Terry Maurer indicated that plans are moving ahead on the Sherburne County State Aid Highway 12 upgrade. He reviewed the proposed resolution to approve the final plans for the upgrade. The council reviewed the city's cost for the project, which is derived from the county cost sharing policy for public improvement projects. The city's cost is $198,000 plus overhead. The City Council indicated that it would pay the cost because it does not want to interfere with the upgrade of the road, however they would be paying the cost in protest. COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 00-39 APPROVING SHERBURNE COUNTY'S PLAN FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY #12 FROM COUNTY STATE AID HIGHWAY #13 TO THE EAST CITY LIMITS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO SEND A LEI'rER TO THE COUNTY INDICATING THAT THE CITY AGREES TO PAY THEIR PART FOR THIS PROJECT, HOWEVER, THIS IS NOT AN INDICATION THAT THE CITY AGREES WITH THE COST PARTICIPATION POLICY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5. Update on East Elk River Proiect City Engineer Terry Maurer informed the council that work has been completed on the final plans and specifications for the Main Street improvement in the area of the Elk River Crossing subdivision and improvements to the Main Street/Trunk Highway 169 intersection. Terry reviewed the project plans, including the water and overlay improvements, with the council. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 00-40 APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE MAIN STREET/HIGHWAY 169 IMPROVEMENTS OF 2000. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. The city administrator distributed to the City Council a letter to Terry Maurer from Susan Kay Tisdale regarding driveway access issues. In review of the letter with the chief of police and the fire chief, it was indicated that emergency vehicles could make the turns on Tyler Street to access this property. The City Council directed the city engineer to respond to the letter. Elk River City Council Minutes June 12, 2000 Page 7 5.6. 5.7. Update on Deschenes Relocation City Administrator Pat Klaers updated the council on the eminent domain process to obtain the Deschenes property in relation to the east Elk River improvement project. He noted that a settlement agreement has been reached in the amount or $76.000 for the moving and relocation expenses for the Deschenes businesses and tenants. COUNCILMEMBER DIETZ MOVED TO ACCEPT THE SETTLEMENT OF $76,000 FOR THE DESCHENES RELOCATION. COUNClLMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The city administrator informed the council that two different private parties have shown interest in the Deschenes house and shed. He stated that the city would be happy to give the house and shed away if they are removed at no cost to the city. The city administrator indicated that a notice would be put in the Star News to see if there is any other interest in the house and shed. It was further noted that the party interested in the shed (Quonset hut) is an employee of Elk River Utilities. Update on Proposals for Financial Consultants City Administrator Pat Klaers informed the council that the city will be considering financial consultant proposals from Springsted and Ehlers, He noted that Ehlers is scheduled for the July 10 council meeting and Springsted is scheduled for the July 24 meeting. The City Council concurred with this presentation approach and schedule. Other Business 6.1. City Fla.q Councilmember Dietz suggested that the city donate a city flag to be placed at the memorial located on Highway 10 by the Dairy Queen. Staff Updates 7,1. Special Meetin.q for Bud.qet Worksession COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL FOR AUGUST 7, 2000, 6 PM, AT CITY HALL, FOR THE PURPOSE OF HOLDING A BUDGET WORKSESSION. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7,2. Finance Department Intern The city administrator informed the council that the finance director is requesting to hire an intern to inventory the city's fixed assets for a four to six week period. He stated she is recommending that the city hire Brian Connoy at $9.50 per hour. Elk River City Council Minutes June 12~ 2000 Page 8 COUNClLMEMBER MOTON MOVED TO HIRE BRIAN CONNOY FOR APPROXIMATELY FIVE WEEKS AS AN INTERN TO INVENTORY THE CITY'S FIXED ASSETS AT $9.50 PER HOUR. COUNCILMEMBER THOMPSON SECONDED TIlE MOTION. THE MOTION CARRIED 5-0. 8. Adiournment There being no further business, Mayor Klinzing adjourned the meeting at 9:38 p.m. Sandra Peine City Clerk