4.3. SR 08-18-1997City of
TO:
FROM:
DATE:
SUBJECT:
Item # 6.3.
MEMORANDUM
Mayor & City Council
Pat Klaers, City Administrator
August 18, 1997
Utilities Commission Update
Councilmember John Dietz is our city representative on the Elk River
Municipal Utilities Commission. At this August 18, 1997, Council meeting,
John is scheduled to provide the Council with an update on July and August
Utilities activities. Attached for your review are the draft minutes from the
August 12, 1997, Utilities Commission meeting. The next regular
Commission meeting is scheduled for Tuesday, September 9, 1997, at 3:30
p.m., at the Utilities office.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
ITEM NUMBER
ELK RIVER MUNICIPAL UTILITIES
REGULAR MEETING OF THE
UTILITIES COMMISSION
AGENDA
AUGUST 12, 1997
Elk River Utilities Offices
1. Call meeting to order at 3:30 P.M. August 12, 1997
ACTION TAKEN
2. Consider Utilities Agenda
3. *Approval of previous meeting minutes
4. *Check Register
OLD BUSINESS
5.1 Review 2"d Quarter Financial Reports
5.2 Update Westwood Water Services Connection Policy
5.3 Up-date Letter of Intent for Electric Generation with landfill methane gas
5.4 Update on Issue of Electric Deregulation
5.5 Review and consider Employee Recognition Policy
5.6 Up-date July 1, 1997 Storm
5.7 Up-date Highland Koad Water Bond
NEW BUSINESS
6.1 Review and consider ERMU Mission Statement
6.2 Review Disconnection Notice Policy
6.3 Review request for Street Lights
6.4 Review need for Part-time Office Position
6.5 SAC & WAC Calculation Formula
Travel Reports
Other Business
*Consent Agenda items are considered to be routine and will be approved by one motion.
REGULAR MEETING OF THE ELK RIVER
MUNICIPAL UTILITIES COMMISSION
AT THE ELK RIVER MUNICIPAL UTILITIES OFFICES
AUGUST 12, 1997
Members Present: President, John Dietz; Vice Chairman, George Zabee; Trustee, James
Tralle
Staff Present: Bryan Adams, General Manager; Glenn Sundeen, Line Superintendent;
Patricia Hemza, Office Manager
Others Present: Pat Klaers, City Manager
1. Call meeting to order at 3:30 P.M. August 12, 1997
2. Consider Utilities Agenda
Mr. Tralle moved to approve the 8-12-97 Agenda. Mr. Zabee seconded the motion.
Motion carried 3-0.
3. *Consider Consent Agenda
Mr. Tralle moved to approve the Consent Agenda as follows:
3. 7-9-97 Minutes
4. Check Register
5.1 Review 2nd Quarter Financial Reports
Financial reports, including Summary Balance Sheet, Income Statements, Statements
of Cash Flow, Donated Electricity, Purchased Power, Comparative Sales, Customers
billed and detailed line item statements were presented and discussed. Several new
reports have been given to the Commission, and Staff asked the question if the
Commission was satisfied with format and content. It was the consensus that
the reports were very adequate, andto receive all reports monthly, and to receive
quarterly reports as a separate line item on the Agenda.
Mr. Tralle moved to receive and file the quarterly financial statements. Mr. Zabee
seconded the motion. Motion carded 3-0.
5.2 Up-date Westwood Water Services Connection Policy
Bryan Adams reviewed the Westwood Water Services Connection Policy, with
supporting Minutes of previous meetings as well as information from the records of
the City Clerk of the City of Elk River. To reiterate: All Westwood residential
buildings with one or two residential units shall not be required to connect to the water
Regular meeting of the Elk River Utilities Commission
Page 2
August12,1997
utility unless and until the City Council determines on a case by case basis that
connection to the water utility is necessary to protect the public health, safety and
and welfare or to otherwise comply with applicable law.
5.3 Up-date Letter of Intent for Electric Generation with landfill methane gas
Bryan Adams discussed the proposal letter, dated 7-28-97, between Elk River
Municipal Utilities and Power Strategies Energy, which initiates discussions to
construct an electric generation facility at the Elk River Landfill. Commission was
advised that the proposal was reviewed by Ron Black, Attorney and is currently being
reviewed by AEC and UPA.
5.4 Up-date on Issue of Electric Deregulation
Bryan Adams presented the Commission with several informational articles
conceming Electric Deregulation. A video titled, "Power Switch" was viewed.
5.5 Review and consider Employee Recognition Policy
Staff was asked to recommend an annual employee recognition policy. Several
options were presented, along with comparisons to the City and other companies.
Mr. Tralle moved to adopt a policy similar to the City of Elk River, recognizing the
5-10-20-retirement anniversary dates of employment, with a coffee cup & lapel pin
for 5 years, a pin with stone for 10 years, and on the 20* year and upon retirement to
personalize the item appropriate to the employee's interests. Mr. Zabee seconded the
motion. Motion carried 3-0.
5.6 Up-date July 1, 1997 Storm
Commission was up-dated on the lessons learned in the response to the storm damage
incurred on July 1, 1997. Because of what was learned in the emergency, the Utilities
have improved and up-dated emergency procedures. It was noted that lack of visible
house numbering hindered Utilities crews in finding problem addresses. Elk River
Utilities incurred costs in excess of $21,000.00 due to the storm. Sherbume County is
applying for monies from FEMA to help cover the cost of damage.
5.7 Up-date Highland Road Water Bond
Bryan Adams up-dated the Commission on the progress of the Highland Road water
main project, which is now physically complete. The remaining portion of this water
main project through Cottages of Elk River Development will be completed by their
Regular meeting of the Elk River Utilities Commission
Page 3
August12,1997
contractor within the next two weeks. Upon final completion of the project
this month, the two booster stations at Lafayette Woods and Nordic Woods will not
be required and will be used for stand-by only.
A chart displaying cash requirements for Debt Service was scrutinized and discussion
of WAC charges took place.
Mr. Tralle moved to adopt a lateral fee of $3,000.00 per lot for immediate customers
on Highland Road and Proctor Avenue for charges and payable when the lot connects
to the main plus the current WAC charges in effect at the time the application is made.
Mr. Zabee seconded the motion. Motion carried 3-0.
6.1 Review and consider ERMU Mission Statement
Staff questioned Commission as to their interest in the possibility of adopting a
Mission Statement to focus upon goals and future plans. Commission discussed the
policy and reviewed the presented possibilities. It was decided at this time to not
pursue the Mission Statement.
6.2 Review Disconnection Notice Policy
Commission and staff reviewed our current timing regarding billing, delinquency
statements and timing of disconnects. It was decided at this time that the constraints
of our present policies are timely and satisfactory.
6.3 Review request for Street Lights
A petition for a street light at the Northeast quadrant of intersection 193~d Avenue and
Highland Road was presented, along with a request from Tom Zerwas on behalf of the
Lighting Committee for additional street lights.
Mr. Tralle moved to approve the seven lights presented, as well as approximately
3 additional lights on Jackson Avenue between School St. and Hwy 169, as well as
the 3 lights on 182nd Avenue at Denver and Fresno, and to take over the street light at
187"' Avenue and Albany Avenue. Mr. Zabee seconded the motion. Motion carded
3-0. Attached: List of approved lights.
Mr. Tralle, in response to the petition, moved to restore the location of the pole
to its original position. Mr. Zabee seconded the motion. Motion carded 3-0.
6.4 Review need for Part-time Office Position
Regular meeting of the Elk River Utilities Commission
Page 4
August 12, 1997
The need for a permanent, flexible part-time position in the Office was discussed,
with supporting information supplied by Staff.
Mr. Zabee moved to authorize Staff to first post the Position Opening, then advertise
for the hiring of a permanent part-time office person. Mr. Tralle seconded the motion.
Motion carried 3-0.
6.5 SAC & WAC Calculation Formula
The City Council has recently approved a new method of calculating SAC units
for restaurant uses within a specified geographic boundary. Commission discussed
the merits of the calculation.
Mr. Tralle moved to support the City in their approval of the SAC calculation,
from 8 seats per unit to 22 seats per unit, for restaurants only, and to change the WAC
calculation for a specified geographic boundary: Main Street (both sides) from the
Parrish Avenue bridge to Lowell Avenue; Jackson Avenue (both sides) from
Highway 10 to Main Street; and King Avenue (both sides) from Highway 10 to Main
Street. Mr. Zabee seconded the motion. Motion carded 3-0.
Other Business
Mr. Dietz questioned our policy in the straightening of a transformer on private
property. Glenn Sundeen indicated that it is done by the Utilities.
Bryan Adams advised the Commission on the success of the Open House at the Plant
in honor of our 50'h Anniversary, which was held in conjunction with Heritage Days.
Mr. Zabee requested that Staff return to a future Commission meeting with
information regarding Security Systems.
The next scheduled meeting of the Elk River Municipal Utilities will be September 9,
1997 at 3:30 P.M.
With no further business to be discussed, Mr. Tralle moved to adjourn. Mr. Zabee
seconded the motion. Motion carded 3-0.
The meeting of the Elk River Utilities Commission adjourned at 5:15 P.M.
Respectfully submitted,
Patricia Hemza ~
Office Manager
Westwood Water/Sewer Connection
6/27/97
Completed by City Clerk
At the June 4, 1997, Utilities Commission meeting water services to
Westwood were discussed.
City staff was requested to research general requirements of water/sewer
connection for Westwood (i.e., exemption for Westwood regarding water
connection).
11/26/91 -
11/23/92 -
9~20/93 -
2/21/94 -
11/14/94 -
12/19/94 -
1/23/95 -
Westwood residents informed that there is no requirement for
water hook up in city ordinance.
WAC charge increased - Utilities voted to not charge Westwood
WAC increase charges for four years.
Sewer connection for Westwood
Two year extension - total of four years - Policy - no ordinance
Water ordinance discussed - Bill Birrenkott suggested
grandfathering Westwood and Simonet Drive residents.
Ordinance considered for water hook-up.
Ordinance adopted to accommodate grandfathered projects who
have utilities existing.
John Dietz indicated that Westwood residents were informed
they would not be required to hook up to water. (Can't find
when this happened.
CONCULUSION
During the Westwood project there was no requirement for residents
to hook up to water. On January 23, 1995, an ordinance was adopted
to require connection to city water when available. This ordinance
grandfathers all projects which have utilities available but which
have not been assessed for water, i.e. exempting Westwood and
Simonet Drive.
ORDINANCE NO. 95 - 1
CITY OF ELK RIVER
VERSION 2
AN ORDINANCE AME~ING THE CODE OF ORDINANCES OF THE
CITY OF ELK RIVER TO REQUIRE CONNECTION TO THE CITY
WATER UTILITY WHEN AVAILABLE, AND TO REQUIRE PAYMENT
OF DULY ADOPTED FEES AND CHARGES FOR CONNECTION TO AND
USE OF THE CITY WATER UTILITY
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. That the Code of Ordinances of the City of Elk
River is amended to add new Section 1304, entitled "Connection
Water Utility,,, as follows:
1304.00 - Connection to Water Utilit - Fees and Char es.
1304.00 - Connection to Water Utility Required.
The following buildings shall be required to be connected to
the City water utility:
(1)
(2)
(3)
to
Ail buildings connected to the water utility on the
date of adoption of this ordinance shall remain
connected to the water utility for so long as the
building is occupied or used for any purpose.
All buildings constructed in the future on property
to which water utility service is available at the
time a Certificate of Occupancy is issued for the
building shall be required to connect to the water
utility prior to occupancy.
All buildings constructed in the future on property
to which water utility service becomes available
following legal occupancy of the building shall be
required to connect to the water utility as follows:
(a) All residential buildings with one or two
residential units shall be required to connect
to the water utility within two (2) years from
the date water utility service becomes available
to the property or the date the property is
assessed for water utility improvements
whichever is later. ' '
(b)
Ail 'other buildings shall be required to connect
to the water utility within ninety (90) days
from the'date water utility service becomes
available to the property.
(4)
(5)
(6)
Ail buildings existing on the date of adoption of
this ordinance on property to which water utility
service becomes available in the future shall be
required to be connected to the water utility as
follows:
(a)
Ail residential buildings with one or two
residential units shall be required to connect
to the water utility within two (2) years from
the date water utility service becomes available
to the property or the date the property is
assessed for water utility improvements,
whichever is later.
(b)
Ail other buildings shall be required to connect
to the water utility within ninety (90) days
from the date water utility service becomes
available to the property.
Ail buildings existing on the date of adoption of
this ordinance on property to which water utility
service is available but which has not been assessed
for water utility improvements shall be required to
connect to the water utility as follows:
(a)
Ail residential buildings with one or two
residential units shall be required to connect
to the water utility within two (2) years from
the date water utility service becomes available
to the property or the property is assessed for
water utility improvements, whichever is later.
(b)
Ail other buildings shall be required to connect
to the water utility within ninety (90) days
from the date water utility service becomes
available to the property.
Ail buildings existing on the date of adoption of
this ordinance on property tc which water utility
service is available and which has been assessed for
water utility improvements, but which are not
connected to the water utility, shall be required to
connect to the water utility as follows:
(a)
Ail residential buildings with one or two
residential units shall not be required to
connect to the water utility unless and until
the City Council determines on a case by case
basis that connection to the water utility is
necessary to protect the public health, safety
and welfare or to otherwise comply with
applicable law;
(b)
Ail other buildings shall be required to connect
to the City water utility within two years of
the date of adoption of this ordinance.
o
1304.02 - Owner or City to make Required Connection.
'£he owner of any building required by Section 1304.00 to be
connected to the City water utility shall cause said building
to be connected to the water utility at the owner,s expense as
required. If connections to the water utility are not being
made pursuant to this paragraph, the City shall serve written
notice on the affected property owner stating that if
connection is not made within ninety (90) days after the date
of said notice, the connection will be made by the City at the
expense of the owner and that if unpaid, the charge for such
work will be made a special assessment against the property
concerned. Such assessment, including interest at the legal
rate for local improvements, shall be certified to the County
Auditor and collected and remitted to the City in the same
manner as assessments for local improvements. The rights of
the City under this paragraph shall be in addition to other
remedial or enforcement rights provided by the City Code of
Ordinances or other applicable law.
1304.04 - Fees and Charges.
There is established in the City of Elk River Water
Availability Charges, Water Connection Charges and water
utility user charges and rates. Water Availability Charges are
due and payable at the time property served by the Water
Utility is final platted into buildable lots. Water Connection
Charges are due and payable at the time of connection of a
building to the Water Utility, or at the time connection is
required to be made to the Water Utility pursuant to Section
1304.00. User charges and rates are due and payable in such
amounts and at such times as required by Elk River Municipal
Utilities. Each charge and/or rate shall be in the amount
established by duly adopted resolution of the Elk River City
Council or Elk River Municipal Utilities.
1304.06 Payment of Fees and Charges.
All properties connected to the City water utility shall abide
by the rules and regulations of the Elk River Municipal
Utilities, and skall pay all applicable Water Availability
Charges, Water Connection Charges, User Charges and rates
established by the City Council and/or Elk River Municipal
Utilities. Properties which are required to connect to the
Water Utility pursuant to Section 1304.00, but have not
connected within two (2) years of availability of water service
as required by Section 1304.00, shall be charged the applicable
Water Availability Charge, Water Connection Charge and a
monthly user charge in an amount established by Elk River
Municipal Utilities.
o
Section 2.
force from and after the date of its publication.
Passed and a,d, opted by.the City Council of the of
River, this ~--~day of /~L~-~-~_~/ , 1995. City
/! ~ .. ,.:'
, '/~..: ~?,/.! ..,.,:~_~ _
/en.~ A. Duitsman, Mayor
Sandra Thackeray, City
This ordinance shall take effect and be in full
Elk
PKB:JN9s2
ELK RIVER MUNICIPAL UTILITIES
... 322 King Avenue
Elk' River; Minfiesota'55330 ' .' '
......... : Ph'on~ (612)'a41-2020 · ' '
UTILITIES COMMISSION MINUTES
Present Were:
George Zabee
James Tralle
Others Present: Bill Birrenkott
Pat Klaers
Terry Maurer
Bob McCartney
Glenn Sundeen
John Bogart
1)
January 10, 1995
3:00 P.M.
Vice Chairman
Trustee
General Manager
City.Admi.'nistrator
Eity Engineer
Water Superintendent
Line Superintendent
Windsor Development
The meeting was called to order at 3:00 P.M. by Vice Chairman
Zabee.
2) }~otion by Mr. Tralle, seconded by Mr. Zabee to approve the
agenda as amended. The Motion carried.
3) Motion by Mr. Tralle, seconded by Mr. Zabee to approve the
minutes of the previous meeting as distributed. The motion
arried.
~ ~; /~otion by Mr. Tralle, seconded by Mr. Zabee to ask the City
~Council to draft the ordinance requiring water connection
within two years of when this service is made available to them
to include only those affected from this day forward. The
Motion carried.
5)
6I
The Line Superintendent reviewed the status of construction
.=projects and other.operating conditions.
The General Manager reported that we had a computer malfunction
and have been unable to prepare financial statements for the
last two months. 'He expected the problem to be fixed very
soon.
7)
Motion by Mr. Tralle, seconded by Mr. Zabee, to approve the
check register.
Elk River City Council
January 23, 1995
Page 4
5.8.
5.12.
5.13.
5.14.
Consider Request to MnDOT on Priorities for Hiqhway 10 Signals and Fundinq for
West Hiqhway 10 Frontaqe Road System
The Council reviewed the West Highway 10 frontage road concept submitted by
the City Engineer. Terry Maurer indicated that MnDOT has indicated their
willingness to participate in the funding of frontage rood construction if a benefit
to the trunk highway system can be proven. Terry Maurer also indicated that
MnDOT has programmed a signal for the intersection of Trunk Highway 10 and
Upland. He noted that these monies could be reprogrammed for a signal system
at Joplin Street and Trunk Highway 10 which would delay the signal al the
intersection of Trunk Highway 10 and Upland Avenue. After discussion regarding
this issue, il was lhe consensus of the Council that there would be a signal at the
intersection of Joplin Street and Trunk Highway 10.
COUNC:ILMEMBER SC:HEEL MOVED TO ADOPT RESOLUTION 95-4, A RESOLUTION
REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO ENTER INTO A
COOPERATIVE AGREEMENT FOR IMPROVEMENTS TO WEST TRUNK HIGHWAY 10
FRONTAGE ROADS AND ALSO REQUESTING FOR THE PROPOSED SIGNAL AT
HIGHWAY 10 AND UPLAND AVENUE TO BE CHANGED TO HIGHWAY 10 AND JOPLIN
STREET. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
Consider Ordinance Amendment Relatina to Water Utility Connection
City Attorney Peter Beck reviewed two alternative versions of the proposed water
connection ordinance. He indicated that, as requested by Council, the
proposed ordinance has been revised to grandfather in all projects which have
utilities available, but which have not been assessed for water. He furh
indicated that version two more clearly spells out the options available.
COUNClLMEMBER DIETZ MOVED TO ADOPT ORDINANC:E 95-1, AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF ELK RIVER TO REQUIRE
CONNECTION TO THE CITY WATER UTILITY WHEN AVAILABLE AND TO REQUIRE
PAYMENT OF DULY ADOPTED FEES AND CHARGES FOR CONNEC:TION TO AND USE
OF THE CITY WATER UTILITY. COUNClLMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
City Attorney Update - County Ditch 10
City Attorney Peter Beck briefly updated the City Council on the City's progress in
working with the County in relation to ditch improvements in the City of Elk River.
Consider Purchase of Used TruCk for Street Department
Street Superintendent Phil Hals requested permission to sell two of the Street
Department's older standby trucks and to use the money from the sale of the
trucks, along with the funds remaining from the purchase of the loader, to
purchase another used truck. He requested permission from the City Council to
advertise for bids for the purchase of a truck.
RiveF
olice Department
Thomas D. Zerwas
Chief of Police
SAFE BER
August 5, 1997
Elk River Municipal Utilities Commission
322 King Avenue Northwest
Elk River, Minnesota 55330
Dear Commissioners:
On February 20, 1997, the "Lighting Committee" which consists of Commissioner George Zabee,
Utilities Foreman Glen Sundeen, and I met to discuss the placement of additional street lights for
1997. As authorized by the Commission, we selected fffieen (15) locations for your consideration
as sites for the placement of new street lights.
After this meeting, residents of the Orono Lake Third Addition made it known that they were not
in favor of street lights in their development. At that point, I delayed making a recommendation
to you pertaining to the placement of new street lights.
I conducted a poll in the Orono Lake Third Addition and the results were that eighteen (18) of the
thirty-one (31) residents who responded wanted street lights installed. However, the two (2)
lights that were going to be recommended for 183rd Avenue at Denver Street and 183rd Avenue
at Fresno were not wanted by a large percemage of the people who live on 183rd Avenue. On
182nd Avenue at Denver and Fresno, a large percentage of the residents wanted street lights at
their comers. We, therefore, decided to change our recommendation fi.om 183rd Avenue to
182nd Avenue at the comers of Denver and Fresno streets respectively.
As a result of our experience in the Orono Lake Third Addition, the Lighting Committee feels that
we should not consider placing street lights in developments unless we receive a petition fi.om a
majority of the residents requesting lights.
13065 Orono Parkway · P.O. Box 723 * Elk River, Minnesota 55330 · (612) 441-2324 · Fax (612) 441-8937
Elk River Municipal Utilities Commission
Page 2
August 5, 1997
Below is a list of new street lights for major intersections not in residential developments: 1) Crates Avenue and Main Street
2) County Road 33 and Proctor Road
3) Fifth Street and Dodge Avenue
4) Fifth Street and Baldwin Avenue
5) County Road 35 and Meadowvale Road
6) Meadowvale Road and York Street
7) Jackson Avenue between School Street and Highway 169
Besides the seven (7) lights recommended above and the two (2) lights on 182nd Avenue at
Denver and Fresno, we also recommend that the Municipal Utilities take over responsibility for a
street light at 187th Avenue at Albany Street.
In conclusion, the Lighting Committee feels we should only meet when we either have requests,
traffic safety concerns relating to lighting, or a petition from a residential development, ffyou
have any questions, please do not hesitate to contact me.
Sincerely,
Thomas D. Zerwas
Chief of Police
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cc: Elk River City Council