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07-23-1990 CC MIN - e e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JULY 23, 1990 Members Present: Mayor Tralle, Councilmembers Schuldt, Kropuenske, Dobel and "Holmgren (7:15) Members Absent: None Staff Present: 4.1 Pat Klaers, City Administrator; Tim Keane, City Attorney; Sandy Thackeray, City Clerk; Lori Johnson, Finance Director; Russ Anderson, Fire Chief; Jim Nystrom, Assistant Fire Chief; Steve Rohlf, Building and Zoning Administrator; Darrell Mack, Wastewater Treatment Plant Superintendent 1. C~ll Meeting 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. 2. .consider 7/23/90 City Council Al'!enda Item 4.5, Sewer Sludge Update, was added to the agenda. COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Open Mike No one appeared for this item. Discussion on Elk River Community Float The City Administrator indicated that at a previous Council meeting, discussions had taken place regarding the responsibilities of the community float. He indicated that the communi ty float is a joint proj ect between the Chamber, the Jaycees and the Ci ty. Mr. Klaers indicated that since the last Council meeting regarding the float, the City has contacted other communities regarding responsibilities of owning a float. He stated that the majority of the communities indicated that the cities are not the owners or insurers of the floats, but that they do help in the maintenance and funding of the float. Jackie Shuelein, Executive Director of the Chamber of Commerce, indicated that she had also called several communities and concurred with the findings of the City Administrator. She stated her concerns of the float are funding for necessary repairs, ongoing maintenance and also for storage. Discussion was held regarding the storage location of the float under the watertower. Ms. Shuelein indicated that the storage facility is sufficient; however, the road leading to the facility is not and that something would have to be done to the road in order for the float to continue to be stored at the watertower. City Council Minutes July 23, 1990 Page 2 e Discussion was also held regarding the modifications necessary so that the float can be entered into parades. Jackie Shuelein requested authorization to rewrite the agreement for the float between the City, Chamber and Jaycees and include a paragraph stating the City's intention to fund the upkeep and general maintenance of the float and to assist in float repairs. The Council concurred to this request. The City Administrator indicated that the City would be adding $500 to their budget for maintenance of the float and further indicated to the Council that the City should expect additional bills for the completion of the float. It was the consensus of the City Council to authorize the Street Superintendent to upgrade the easement/road leading to the watertower and further that the City will cover part of the cost for the completion of the float and also for the maintenance and upkeep of the float. 4.2 Garba~e Billin~ Software e The City Administrator indicated that at the July 2, Council meeting, the Council voted to allow the City to do its own billing for garbage services. He indicated that the Finance Director has been researching software for utility billing and that she is recommending approval of the purchase of a utility billing system from Business Records Corporation at a price of $4,800. He indicated that the Finance Director is also requesting authorization to purchase an additional computer screen for the Recycling Coordinator's office and also authorization to purchase a burster which is approximately $1,200. Mayor Tralle indicated that Elk River Utilities have just purchased a burster for their utility bills. He recommended that the City check with Elk River Utilities to see if it would be possible to use their burster. Councilmember Holmgren and Finance Director, Lori Johnson, arrived at this time. COUNCILMEMBER DOBEL MOVED TO AUTHORIZE THE PURCHASE OF A UTILITY BILLING SYSTEM FROM BUSINESS RECORDS CORPORATION AT A COST OF $4,800 AND AN ADDITIONAL COMPUTER SCREEN FOR THE RECYCLING COORDINATOR'S OFFICE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.3 Fire Relief Association Benefit Amount e Lori Johnson, Finance Director, indicated that last September the City Council approved a benefit of $1,550 per year of service as a retirement benefit for all firefighters. She indicated that the Fire Relief Association is requesting the Council to approve a benefit in the amount of $1,850 per year of service for 1991. Ms. Johnson indicated that once the Council approves a certain level of benefit, the City is responsible for providing sufficient funds to support that benefit. City Council Minutes July 23, 1990 Page 3 . Jim Nystrom, president of the Fire Relief Board, indicated that the Fire Relief Board is recommending a benefit level of $1,850. He indicated that this has not been approved on an official vote, however, it will be acted on at the Association's July 26, meeting. Discussion was held regarding the City's liability in providing these funds for retirement. Russ Anderson, Fire Chief, indicated that half of the firemen have less than ten years of service in the Fire Department and in order to collect any benefit, the firemen must serve ten years. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PENSION LEVEL FOR FIREMEN RETIREMENT TO $1,850 PER YEAR OF ACTIVE SERVICE. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.4 Plannin~ Commission Applicants Mayor Tralle indicated that the resignations of Commissioners Fuchs and Morton created two openings on the Planning Commission. He stated that the City has advertised for these positions and has received three applicants. It was the consensus of the City Council to call a special meeting on July 30, for the main purpose of interviewing the Planning Commission applicants. e COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING ON JULY 30, AT 7:00 P.M. AT THE ELK RIVER CITY HALL. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.5 Wastewater Treatment Plant Slud~e Mayor Tralle stated that allegations have been made against the City, the Wastewater 'rreatment Plant Operator and the landowner regarding inappropriate acts made by the City regarding the disposal of sewer sludge in regard to heavy metals and PCB's in the sludge. The City Administrator informed the Council that the City test the sludge applications and the test results are sent to the Minnesota Pollution Control Agency (MPCA) on an annual basis. Darrell Mack, Wastewater Treatment Plant Superintendent, stated that MPCA notifies the City if there are any unusual amounts of metals detected. He further indicated that the City is allowed to use land for dumping of sludge until an accumulative total of metal has been reached. Mayor Tralle stated that in order to alleviate possible concerns of landowners in the area where the sludge is being dumped, it would be appropriate for the City to order tests on the property. Councilmember Dobel indicated that he is not aware of any problems caused by the dumping of sludge on his property, and further stated that he felt he was doing the City a service by not charging the City to dump the sludge, thus not costing the taxpayers any money. e COUNCILMEMBER KROPUENSKE MOVED TO HAVE SOIL SAMPLES TESTED FOR HEAVY METALS AND PCB'S ON COUNCILMEMBER DOBEL'S PROPERTY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes July 23, 1990 Page 4 e Discussion was held by the Council regarding whether or not Councilmember Dobel' s crops should be tested. Wastewater Treatment Plant Superintendent, Darrell Mack, indicated that this was not a requirement of the MPCA. It was the consensus of the City Council that the crops be tested in order to alleviate the concerns of neighboring citizens. COUNCILMEMBER KROPUENSKE MOVED TO TEST THE CROPS TO INCLUDE BOTH THE GRAIN AND THE PLANT TISSUE FOR PRESENCE OF HEAVY METALS OR PCB'S. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Dobel indicated that these tests could not be done until September or October. 5.1 Conditional Use Permit and Solid Waste License by Conteck Environment Service. Inc./P.H. Steve Rohlf indicqted that Conteck Environmental Services is contracting with the Elk River Landfill to thermally treat petroleum contaminated soil. e Mary Eberley, Planning Commission representative, indicated that the Planning Commission recommended approval with one nay vote. She stated that the nay vote was based on the standards set by the MPCA and not due to the fact that the Commissioner was opposed to the facility. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR CONTECK ENVIRONMENTAL SERVICES TO ALLOW A SOLID WASTE FACILITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DOBEL MOVED TO APPROVE THE SOLID WASTE LICENSE FOR CONTECK ENVIRONMENTAL SERVICES, INC. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2 Discussion with Chris Kre~er of the Elk River Landfill Re~ardin~ the Landfill Surchar~e Steve Rohlf, Building and Zoning Administrator, indicated that Chris Kreger of the Elk River Landfill, has requested a 50% reduction in the landfill tax from both the City and the County. e Chris Kreger of the Elk River Landfill, stated that the landfill would no longer be receiving the processed residue from Hennepin County because of a joint powers agreement that was signed between Anoka and Hennepin Counties. He indicated that the agreement provides Anoka County to share with Hennepin County any of the landfill tax which Anoka County receives as a result of Hennepin County's waste being deposited in the Anoka Landfill. Mr. Kreger stated that the Elk River Landfill is losing 160 tons of waste per day which is now going to Anoka County. He stated that he feels that with a 50% reduction in the City and County landfill taxes, that Hennepin County will come back to City Council Minutes July 23, 1990 Page 5 e the Elk River Landfill. Mr. Kreger informed the City Council that as a resul t of losing Hennepin County's waste, he had to close down the recycling center. He stated that if the City and the County refused to lower the taxes, he will be forced into keeping the recycling center closed and laying off thirteen employees. Discussion was held by the Council regarding the joint powers agreement between Anoka and Hennepin County and whether or not it was legal to enter into such an agreement. The Council reviewed the financial statement provided by Chris Kreger of the Elk River Landfill. Councilmember Kropuenske stated that it was impossible to analyze the financial statement without a detailed cost of sales. The Ci ty Administrator questioned Mr. Kreger as to how long he would require the reduction in landfill tax. Mr. Kreger indicated that a maximum of two months would give him enough time to investigate other options. e Mayor Tralle stated that if the City does not cut taxes, the community will lose 13 jobs and the recycling center will remain closed. He stated that the recycling center is not subsidized by the County or Ci ty and that a lot of other recycling centers have some type of subsidy. Pat Klaers stated that the County has in excess of $2,000,000 of landfill tax and further that the County has the responsibility for waste abatement. He indicated that if Chris Kreger closes the landfill, the County has to deal with the concern of what to do with the waste. Mr. Klaers further indicated that the City receives about $20,000 per month in landfill tax and that only 25% of that money goes to waste abatement purposes. He indicated that the City has in excess of $300,000 in the waste abatement fund. The other $.75 received from landfill tax can go for any General Fund purpose. He indicated that this is about $160,000 per year. Mr. Klaers explained that this money is divided up into the Library expansion fund and the future City Hall Fund. He stated that some of the money goes directly into the General Operating Budget and a percentage goes into Street Replacement Fund. He indicated that for the City to forgive 50% of the landfill tax would be giving up $10,000 per month. Chris Kreger indicated that the City is already losing 1/2 of the $20,000 per month with the loss of Hennepin County. He indicated that if they can get the tax break, they can add business which would potentially raise the monthly City income. e COUNCILMEMBER HOLMGREN MOVED TO ALLOW A 50% REDUCTION IN THE LANDFILL TAX TO ELK RIVER LANDFILL FOR TWO MONTHS SO THAT THE CITY WOULD HAVE TIME TO STUDY THE SITUATION. COUNCILMEMBER KROPUENSKE SECOND THE MOTION. e e e City Council Minutes July 23, 1990 Page 6 Discussion was held regarding not putting on a time limit. Councilmember Holmgren indicated that it was okay with him as maker of the motion to remove the time limit. Councilmember Kropuenske, the second of the motion, stated that he did not want to remove the timeframe. He indicated that when the timeframe was removed, the urgency in the matter is reduced. Discussion was held by the Council regarding the fact that if the timeframe is removed, the City can request Elk River Landfill to come back to the Council in two months to review the matter. Councilmember Kropuenske concurred with this. COUNCILMEMBER HOLMGREN MOVED TO AMEND THE MOTION BY REMOVING THE TIMEFRAME AND ADDING THE REQUIREMENT THAT THE ELK RIVER LANDFILL APPEAR BEFORE THE CITY COUNCIL AT THE SEPTEMBER 17, 1990, MEETING SO THAT THE ITEM CAN BE REVIEWED BY THE COUNCIL. COUNCILMEMBER KROPUENSKE SECONDED THE AMENDMENT. THE AMENDMENT CARRIED 5-0. THE MOTION AS AMENDED CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO TABLE ITEMS 5.5, 5.6, AND 5.9 UNTIL THE JULY 30, 1990, CITY COUNCIL MEETING. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Elk River City Council recessed at 9:30 p.m. and reconvened at 9:40 p.m. 5.3 NSP/UPA Temporary Extension of License and CUP Steve Rohlf, Building and Zoning Administrator, indicated that staff had received letters from NSP and UPA indicating conditions they intend to accomplish in the interim period if granted a temporary extension to their licenses and conditional use permits until October 1, 1990. Mr. Glen Kaas and Cindy Axness were present representing NSP. Mr. Kaas reviewed with the Council the conditions during the interim period which NSP agrees to accomplish if granted a temporary extension. Council also discussed the letter from UPA. Steve Rohlf informed the Council that in regard to UPA' s fire suppression water if it is not retained, a diked area must be used to retain the water. COUNCILMEMBER DOBEL MOVED TO GRANT A TEMPORARY EXTENSION TO UPA AND NSP'S CONDITIONAL USE PERMIT AND SOLID WASTE LICENSES UNTIL OCTOBER 1, 1990, WITH THE FOLLOWING STIPULATIONS: YPA 1. THAT UPA COMPLY TO THE STIPULATIONS LISTED IN THEIR LETTER TO MAYOR TRALLE DATED JULY 6, 1990. 2. IF FIRE SUPPRESSION WATER IS NOT RETAINED ON THE BITUMINOUS AREA THAT WOULD BE SPECIFICALLY USED FOR SUCH FIRES, THAT THE AREA MUST BE DIKED TO RETAIN SAID WATER. City Council Minutes July 23, 1990 Page 7 e NSP 1. THAT NSP COMPLY TO THE CONDITIONS LISTED IN THE LETTER FROM NSP TO MAYOR TRALLE DATED JULY 2, 1990. 2. THAT VERBAL REPORTING WITHIN 24 HOURS OF WASTE FOUND DURING LOAD INSPECTIONS THAT POSE A DANGER TO THE FACILITY OR CITIZENS OF ELK RIVER BE TO STEVE ROHLF FIRST, AND IF STEVE IS NOT AVAILABLE THEN PAT KLAERS SHOULD BE CONTACTEDj IF PAT OR STEVE ARE NOT AVAILABLE THEN MAYOR TRALLE SHOULD BE CONTACTED. THIS VERBAL REPORTING MUST BE FOLLOWED UP IN WRITING WITHIN 4 WORKING DAYS. 3. ALL AREAS USED FOR PARKING, DRIVES AND LOADING SHOULD BE HARDSURFACED. 4. THAT AREAS USED FOR STORAGE CANNOT BE LEFT BARE DIRT OR CLASS 5, BUT CAN BE STABILIZED WITH ROCK, BITUMINOUS MILLINGS OR EQUIVALENT MATERIAL AND FURTHER THAT AREAS WHERE NATURAL VEGETATION IS INSUFFICIENT SHOULD BE STABILIZED BY SEEDING. e 5. THAT NSP SUBMIT A COUNTERPROPOSAL TO STAFF'S PROPOSAL ON WHAT WILL BE TESTED IN STORM WATER RUNOFF AND HOW OFTEN AND FURTHER IF NSP'S COUNTERPROPOSAL IS NOT TO STAFF'S SATISFACTION, THAT STAFF WILL DICTATE WHAT IS TO BE TESTED AND DIFFERENCES CAN BE RESOLVED BY THE COUNCIL ON OCTOBER 1, 1990. 6. ACCELERATION AND DECELERATION LANES ON HIGHWAY 10 MUST BE ACCOMPLISHED BY OCTOBER 1, 1990, AT NO EXPENSE TO THE CITY. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4 Ordinance Amendment Section 900.22 "Billboards"/City of Elk River/P.H. Titled Si~n Re~ulations Mayor Tralle stated that at the last Council meeting the sign companies stated their view of the proposed sign ordinance. Mayor Tralle opened the public hearing. Representati ves from Skoglund Sign and Franklin Sign were present at the meeting. Bill Dickenson stated that he would like to be able to put a sign on his property. The Building and Zoning Administrator indicated that if the proposed ordinance passes, he will be able to put up a billboard. e The Council discussed the portion of the ordinance pertaining to the distance between billboards. The proposed ordinance states 2,000 feet and the sign companies have recommended 1,000 lineal feet between signs on the same side of the right-of-way. It was the consensus of the Council to change the proposed ordinance to read 1,200 lineal feet. City Council Minutes July 23, 1990 Page 8 e The Council discussed the section of the ordinance which states that advertising signs shall be set back 300' from the intersection of Highway 10 or Highway 169 and any other right-of-way or private drive. The Council discussed whether or not any distance at all is required from a private drive, the City Attorney suggested that the Council consider a clear view triangle at every intersection, right-of-way or private drive. The Council discussed the sight triangle and questioned whether it should be used for private drives and intersections. After discussion it was the consensus of the Council that a clear view triangle be required at intersections, right-of-ways and private drives and that the distance of the triangle shall be determined by the City Engineer. Sign height and square footage was discussed by the Council. The proposed ordinance allows maximum sign area of 300 square feet and a maximum height of 25'. It was the consensus of the Council that advertising signs be allowed a maximum sign area of 300 square feet and maximum height of 25'. Discussion was held by the Council regarding whether or not signs should be allowed on platted lots. After discussion, it was the consensus that signs shall be on a platted lot but only as the principal use. e COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING ON THE SIGN ORDINANCE RELATING TO BILLBOARDS UNTIL THE AUGUST 6, 1990, CITY COUNCIL MEETING TO BE HELD AT THE ELK RIVER PUBLIC LIBRARY AT 7:00 P.M. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7 Ordinance Amendin~ 900.12(m) of the Elk River Code of Ordinances/P.H. Mary Eber ley, Planning Commission Representative, indicated that the Planning Commission has reviewed this ordinance amendment which allows the land area to be reduced in a PUD zoned area. Mary Eberley indicated that the Planning Commission recommended approval of this ordinance. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 90-20, AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF ELK RIVER SECTION 900.12, RELATING TO PLANNED UNIT DEVELOPMENT. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8 Ordinance Amendment - Moratorium on Adult Oriented Land Uses Attorney, Tim Keane, indicated that the City is proposing an ordinance which would impose a moratorium on adult oriented land uses. - COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-21, AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON ADULT ORIENTED LAND USES ON CERTAIN PROPERTY LOCATED IN THE CITY OF ELK RIVER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e e e City Council Minutes July 23, 1990 Page 9 5.10 Upcomin~ Meetin~s It was the consensus of the City Council to hold a joint Planning Commission meeting with no other items on the agenda. COUNCILMEMBER HOLMGREN MOVED TO CALL A BOARD OF CANVASS MEETING AND A JOINT PLANNING COMMISSION ON THURSDAY SEPTEMBER 13, 1990, TO BE HELD AT CITY HALL FROM 7:00 p.m. TO 9:00 P.M. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.11 SCORE Fund Update Steve Rohlf, Building and Zoning Administrator, informed the Council that the Sherburne County Board had agreed to grant the City of Elk Ri ver $10,000 of the 1990 SCORE Funds to help finance the recycling containers. Steve Rohlf, Building and Administrator, informed the Council that Sherburne County will be holding a tire collection day on October 20, 1990, and is requesting to use the City garage for the collection. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE SHERBURNE COUNTY TO USE THE CITY GARAGE FOR THE PURPOSE OF THE TIRE COLLECTION DAY ON OCTOBER 20, 1990. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.12 Other No business. 6. Other Business Councilmember Schuldt indicated that regarding the letter from the County Attorney, one of the two employees which the County Attorney has hired is hired on a permanent basis. 7.1 City Administrator Update Pat Klaers informed the Council that there will be a special meeting in August to review the budget. After discussion it was the consensus of the Council that August 16, 1990, will be a worksession for the budget. It was further noted that this could possibly be continued until August 27. The City Administrator informed the Council that the City is exploring other sites for the purpose of the dumping of wastewater treatment sludge. The City Administrator indicated that the City can expect School Board action on the tennis courts repair. He stated that the school had received a bid from five people and the lowest was $13,400. He further indicated that at a previous Council meeting the City Council had voted to pay half of this cost. e e e City Council Minutes July 23, 1990 Page 10 The City Administrator distributed a memorandum from John Lichter of Bruce Liesch Associates, Inc. regarding the potential petroleum release at the Jenne site. 8. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER KROPUENSKE SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 11:22 p.m. Respectfully submitted, 1 ./. ~~~~ 'Sandy Thackeray ;; City Clerk '