06-29-1992 CC MIN - JOINT
.
.
.
JOINT MEETING OF THE ELK RIVER CITY COUNCIL AND THE
ELK RIVER MUNICIPAL UTILITIES COMMISSION
HELD AT THE ELK RIVER CITY HALL
MONDAY, JUNE 29, 1992
CITY COUNCIL PRESENT: Mayor Tralle, Councilmembers Schuldt, Dietz,
Kropuenske and Holmgren
UTILITIES COMMISSION MEMBERS PRESENT: President George Zabee, Trustee Jim
Simpson, and Trustee (and Mayor) Jim Tralle
UTILITIES STAFF PRESENT: General Manager Bill Birrenkott and Bob McCartney
CITY STAFF PRESENT: Pat Klaers, City Administrator; Lori Johnson, Finance
Director; Sandra Thackeray, City Clerk; Terry Maurer,
City Engineer; Peter Beck, City Attorney
1. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River
City Council was called to order at 7:00 p.m. by Mayor Tralle.
2.
Consider 6/29/92 City Council Agenda
Item 6.1, Lake Orono Silting Problem, was added to the agenda.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE 6/29/92 AGENDA AS AMENDED.
COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
3.1. Ms. Elk River Proclamation
COUNCILMEMBER SCHULDT MOVED TO ADOPT A PROCLAMATION PROCLAIMING MS. ELK
RIVER WEEK JUNE 22-26, 1992. COUNCILMEMBER KROPUENSKE SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
4. Joint City Council/Utilities Commission Meeting
Bill Birrenkott distributed a report from himself which was an update
of the Elk River Utilities activities.
4.1. Water Towers and Wells
Terry Maurer explained that the issues
relating to water towers and wells is how to
that w~ll be needed in the western area of
need for a water tower and well near the
Avenue and Highway 169.
that need to
finance the
the City, and
intersection
be reviewed
water tower
the potential
and Jackson
Discussion was held regarding the need for a water tower and well near
the intersection of Jackson Avenue and Highway 169. Terry Maurer
indicated that a feasibility study has been completed for the area.
The report recommended that for total commercial and residential
Elk River City Council Minutes
June 29, 1992
Page 2
.
development of the area, a new well and a minimum of a one-half million
gallon water tower needs to be constructed in that site. Discussion
was held as to whether or not it was appropriate to have taxpayers pay
for the utilities in this area. Possible financing methods of the
improvements were discussed. Some suggested financing methods included
payment by the developers, an area-wide assessment policy which would
assess old and new development in the area, City contributions,
increase in water connection fees, a possible two tier water rate
structure, and an assessment for the entire City (for water that is
used as fire protection).
The Council discussed the differences between the western area water
tower and the Jackson Avenue water tower. It was indicated that the
Municipal Utilities will be paying for the wells in the western area.
Discussion was held regarding whether the Utilities had previously
agreed to pay for one well or all three wells. Terry Maurer indicated
that three wells will be needed eventually in the area and it was the
City's understanding that the utilities committed to paying for all
three wells. The total cost for the wells (and treatment) was
estimated at one million dollars in 1989 when this was discussed by the
Utilities Commission. Commission members recalled this amount being
discussed.
.
The City Administrator stated that the City also has RDF TIF money that
has been designated for expansion of the utilities in the western
area. He indicated that this money may be used for the water tower in
the western area. The City Council is currently evaluating now to
spend these funds. The City Administrator indicated that the City and
Utilities will also have to look at other methods of financing the
western area water tower.
It was the consensus of the Council that the City's assessment policy
be revised to more clearly state that water tower assessments for
commercial property be assessed more than residential property. The
Council directed City staff to begin working on a method to finance the
one-half million dollar water tower and well near Highway 169 and
Jackson.
4.2. Electric Utility Update
Bill Birrenkott explained that the Elk River Municipal Utilities have
reached an equitable solution regarding the Anoka Utilities territory
acquisition. He indicated that the Elk River Municipal Utilities plan
on beginning the actual assumption of some of the Anoka Electric
Cooperative properties on August 1, 1992. He further stated that the
entire process will take up to six years and could cost the Municipal
utilities between $1,500,000 and $2,000,000.
.
Bill Birrenkott indicated that the Elk River Municipal Utilities are in
the process of creating a new substation on the site of the present
west substation in order to bring in more power to serve future loads
and back up existing loads.
~lk River City Council Minutes
June 29, 1992
Page 3
.
Bill Birrenkott reviewed some of the operating conditions of the
Utilities including tree trimming and meter reading. He also reviewed
the rate structure of the electrical service in comparison to other
utility companies. He indicated that the Elk River Municipal Utility
residential rates are significantly lower than other surrounding
utility companies. He further stated that the Elk River Municipal
utilities has not had a general rate increase for the last ten years.
Bill
home
this
Birrenkott infOrmed the Council
protection security systems
for two years.
that the Utilities is offering
to customers and have been offering
Bill Birrenkott discussed the water utility operation with the
Council. He indicated that the water utility operates with one half of
an operating person (Bob McCartney).
4.3. utilities Contribution to City
.
The Utilities yearly contribution to the City was discussed. Mayor
Tralle indicated that the Utilities Commission annually pays the City
$72,000 in lieu of taxes. He further stated that in addition to the
$72,000, the Utilities Commission make several other donations to the
City such as payment for street lights, electricity and other
miscellaneous payments. He indicated that in 1991, adding all the
other donations to the City together with the $72,000, an amount of
$171,349 was donated to the City by the Utilities. Mayor Tralle
indicated that he did not feel it would be a good idea for the
utilities to make payments to the City on a percentage of usage basis,
especially at this time, because of the amount of money required for
the AEC territory purchase, the substation addition and payment for the
wells in the western area.
Pat Klaers indicated he
partners in the City
City a share in the
Utilities. Pat also
the utilities report
District donations and
would like the City and the Utilities to be
growth. A percentage commitment would allow the
growth of the electric revenues with the
noted that some of the city donations listed in
are actually Chamber of Commerce or School
not City items.
It was the consensus of the Council and Utilities to continue payments
to the City in a lump sum and to continue the current miscellaneous
contributions the utilities are providing the City.
4.4. Street Lights
.
Bill Birrenkott indicated that the Utilities Commission has appointed a
street Light Committee consisting of Glenn Sundeen, George Zabee and
Tom Zerwas. He indicated that the Committee will be meeting shortly to
determine certain areas in the City in which street lights should be
provided. The Council requested that the Westwood improvement project
area be considered for lights as outlined in a previous City Engineer
letter to the Utilities General Manager.
.
.
.
Elk River City Council Minutes
June 29, 1992
Page 4
and style of lights for the area and that the City and Utilities will
pay for the lights.
4.5. New State Laws
Lori Johnson, Finance Director, reviewed the new State Law regarding
payment of sales tax for electrical and water utilities. She requested
the Utilities Commission to consider a special government rate for the
City which would allow the elimination of sales tax. It was the
consensus of the Council and Utilities Commission to set a government
rate for the City of Elk River for payment of utilities.
4.6. Water Master Plan
Terry Maurer, City Engineer, indicated that the City has a 1982 Water
Utilities Comprehensive Plan. He indicated that this plan is in the
process of being updated. Mayor Tralle suggested that a joint meeting
between Utilities and City Council be held prior to formal approval of
the new plan.
4.7. Building Improvement Projects
Bill Birrenkott informed the City Council that the utilities Commission
will be undertaking two building construction activities this summer.
One is a facelift of the existing Utilities building and the other is
the reconstruction of the well house at the old creamery site. He
stated that a clean up of the downtown parking area should be done in
conjunction with the facelift of the utilities building. Trustee
Simpson requested the City to consider overlaying the parking lot and
to look at the drainage in that area.
John Weicht was present and questioned what the City Council decision
was regarding the proposed water tower for the Jackson Avenue/Highway
169 area. Mayor Tralle explained that the Council discussed this issue
at the beginning of the meeting and explained that staff will be
looking at assessing the benefitted areas for the water tower in
conjunction with other sources of funding for the water tower.
The Council recessed at 9:00 and reconvened at 9:10 p.m.
5.1. Resolution of Summary Publication for Utilities Ordinance
The City Clerk indicated that the City Council adopted an ordinance
amending Chapter 1300 pertaining to sanitary sewer connections at the
June l~ Council meeting. She stated that staff is requesting to
publish a summary of the ordinance which must be done by resolution.
COUNCILMEMBER SCHULDT MOVED TO ADOPT RESOLUTION 92-57,
APPROVING NOTICE OF PUBLICATION OF ORDINANCE 92-17.
KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
A RESOLUTION
COUNCILMEMBER
.
.
.
~lk River City Council Minutes
June 29, 1992
Page 5
5.2. Consideration of Liquor License Renewals
Sandy Thackeray, City Clerk, informed the Council that liquor licenses
expire on July 1. She indicated that all liquor license establishments
have submitted the required applications, liquor liability insurance or
waiver forms and license fees.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE RENEWAL OF ALL OF THE LIQUOR
LICENSES LISTED ON THE COUNCIL AGENDA MEMO FROM SANDY THACKERAY, CITY
CLERK, DATED JUNE 24, 1992. COUNCILMEMBER KROPUENSKE SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
5.3. Health Insurance Approval
Lori Johnson, Finance Director, informed the Council that the City's
present insurance group, Medica, has increased the City's rates by 15%
effective August I, 1992. She indicated that Group Health has agreed
to accept the City as a group without health history information. Lori
Johnson requested to advertise for bids for health insurance providers
and to accept the bids on July 29.
COUNCILMEMBER KROPUENSKE MOVED TO GO OUT FOR BIDS FOR HEALTH INSURANCE
PROVIDERS FOR THE CITY OF ELK RIVER AND TO RUN THE BID PERIOD FROM JULY
8 TO JULY 29. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
Councilmember Holmgren indicated his concern regarding the high cost of
health insurance for the City and employees. He indicated that the
City is receiving the cadillac of health insurances and stated that the
City should consider an 80/20 plan which would lower the cost to both
the City and the employee.
MOTION CARRIED 5-0.
COUNCILMEMBER DIETZ MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER
CITY COUNCIL ON JULY 29, 1992, AT 5:00 P.M. TO BE HELD AT THE ELK RIVER
CITY HALL FOR THE PURPOSE OF CONSIDERING HEALTH INSURANCE BIDS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
5.4. Review Highway 169/Main Street Appraisals
The City Administrator indicated that the City has had appraisals
completed by Panger and Benson for property on the south side of Main
Street at Highway 169. The City Administrator indicated that the
property purchases will be funded through MSA Funds. He indicated that
there are two property owners, Doctor Howard Johnson and Mr. Earl
Hohlen. He stated that Doctor Johnson has agreed to accept the
apprais~l dollar amount for his property, however, an agreement on the
purchase price for Mr. Hohlen's property has not been reached.
COUNCILMEMBER HOLMGREN MOVED TO OFFER DOCTOR JOHNSON $19,909 FOR 3,872
SQUARE FEET OF HIS PROPERTY TO BE USED FOR RIGHT-OF-WAY. COUNCILMEMBER
KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
~lk River City Council Minutes
June 29, 1992
Page 6
.
COUNCILMEMBER HOLMGREN MOVED TO OFFER EARL HOHLEN THE APPRAISED VALUE
OF $125,823 FOR HIS TWO PARCELS OF PROPERTY FOR RIGHT-OF-WAY PURPOSES.
COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
It was the consensus of the Council to continue working with Mr. Hohlen
in negotiations for his property and a right of entrance to his
property so that construction of the project can take place in 1992.
5.5. Consider Traffic Signs
The City Administrator indicated that at a previous Council meeting,
the Council authorized the installation of a crosswalk south of
Jefferson Lane. He stated that the Street Superintendent has since
further evaluated the crosswalk and is requesting the Council to
authorize the installation north of Jefferson Lane.
COUNCILMEMBER HOLMGREN MOVED TO MOVE THE LOCATION OF THE CROSSWALK FROM
THE SOUTH SIDE OF JEFFERSON LANE TO THE NORTH SIDE OF JEFFERSON LANE AT
FREEPORT AVENUE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
.
COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE THE PLACEMENT OF A STOP SIGN
AT AUBURN PLACE AND 5TH STREET AND ALSO TO AUTHORIZE A WARNING SIGN
INDICATING A WHEEL CHAIR AT BALDWIN AVENUE AND 5TH STREET AND TWIN
LAKES ROAD AND 5TH STREET. COUNCILMEMBER KROPUENSKE SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
5.6. Landfill Update
The City Attorney distributed a memo from himself to the City Council
regarding Elk River Landfill. Peter Beck reviewed the situation with
the City Council. He indicated that the first conditional use permit
for the Elk River Landfill was issued in 1988 and a renewal was
authorized in 1990. He stated that the Elk River Landfill never signed
the conditional use permit renewal. He further indicated that there is
a bonding provision in the conditional use permit requiring the
Landfill to furnish a surety bond in the amount of $300,000 to ensure
compliance with terms and conditions of the conditional use permit and
license and to protect the City in the event the City has to expend
monies for Landfill clean up activities as a result of the Landfill's
failure to do so. Elk River Landfill requested that the City allow an
escrow account option in lieu of the bonding requirement. He further
indicated that the bonding requirement and escrow option were both in
the Landfill's original conditional use permit.
.
The City Attorney stated that a bond has never been posted by the Elk
River Landfill and the escrow account was never funded until late 1991
when $2,453.14 was deposited in the escrow fund. He further indicated
that since the deposit into the escrow fund, the City has received a
letter from the Landfill's attorney requesting that the conditions be
deleted from the conditional use permit and license. He further stated
that the City has not received any further payment into the escrow fund
since the late 1991 payment and also that the Landfill has not paid
past due City license fees and other City Landfill related expenses.
.
.
.
~lk River City Council Minutes
June 29, 1992
Page 7
The Council discussed different options which the City could take in
order to receive payment from the Elk River Landfill.
COUNCILMEMBER HOLMGREN MOVED TO START LEGAL ACTION AGAINST THE ELK
RIVER LANDFILL TO RECOVER THE DELINQUENT FEES OWED TO THE CITY WITH THE
STIPULATION THAT THE LEGAL ACTION BE STARTED WITHIN 30 DAYS AFTER
CONTACT WITH THE ELK RIVER LANDFILL AND THAT PAYMENT BE MADE TO THE
CITY WITHIN 90 DAYS FROM THE DATE OF ANY AGREEMENT MADE BETWEEN THE
CITY AND ELK RIVER LANDFILL. COUNCILMEMBER KROPUENSKE SECONDED THE
MOTION. THE MOTION CARRIED 5-0.
6.1. Lake Orono Silt Conditions
Terry Maurer informed the Council that he has been in contact with Lake
Orono's Homeowner's Association. He stated that he has informed the
homeowners that no action has been taken regarding the study of the
silt in Lake Orono. He indicated that the City will be looking at the
situation some time in the fall and that he would update the homeowners
at that time.
7. City Administrator Update
Roads
The City Administrator updated the Council regarding the Orono Road
status for the 4th of July and also updated the Council regarding the
parade route.
Towing
The City Administrator informed the Council that it is
the City of Elk River and Boelter's Towing will
regarding payment for a vehicle which was towed by
indicated that the court decision will help
responsibility of Boelter's Towing versus the City's
The Council discussed the City's option to hire out its
very likely that
be going to court
Boelter's. He
to clarify the
responsibility.
own towing.
Westwood Project
The City Administrator informed the Council that he has received a
letter from Mr. Ken Case regarding the Westwood Subdivision. He
indicated that Mr. Case is unhappy with the placement of the water and
sewer lateral pipes. He indicated he would like both pipes to extend
farther down along the front footage of his home. The City
Administrator indicated that Terry Maurer has responded to Mr. Ken
Case, however, Mr. Case is not satisfied with the City Engineer'S
response. Terry Maurer explained that he feels Mr. Case has bean
treated no differently that any other property owner involved in the
project and also indicated that he has worked with Mr. Case in the
location of the water and sewer pipes.
Elk River City Council Minutes
June 29, 1992
Page 8
.
It was the consensus of the City Council that no action be taken and if
Mr. Case is still unhappy, he should appear before the City Council and
make his request in person.
The City Administrator informed the City Council that there were three
property owners involved in the l89th Avenue change order to the
Westwood Project regarding the replacement of the street. He indicated
that two of the owners have signed a waiver to the assessment, however,
the third owner has requested that the street not be replaced and
informed the city that he would not sign the waiver. It was the
consensus of the Council to continue with the change order in the
replacement of the street.
8. Adjournment
There being no further business, COUNCILMEMBER HOLMGREN MOVED TO
ADJOURN THE MEETING. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
The meeting of the Elk River City Council adjourned at 10:25 p.m.
Respectfully submitted,
.
).~4 :::II-; Ci..-CJce/L4-f
Sandra Thackeray (~)
city Clerk
.