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