05-12-1986 CC MIN
Regular weekly meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, May 12, 1986
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Members Present:
Mayor Hinkle, Councilmembers Schuldt, Engstrom,
Gunkel, and Williams
Members Absent:
None
Staff Present:
Patrick Klaers; City Administrator, Steve
Rohlf; Building and Zoning Administrator,
Darrell Mack; Sewer Superintendent,
Russ Anderson; Fire Chief, Lori Johnson;
Finance Director
1. The meeting of the Elk River City Council was called to order
at 7:30 p.m. by Mayor Hinkle.
2. Consideration of Aqenda
Items 17a. - Check Register, 17b. - St. Cloud State Intern
and 17c. - Big Lake Sewage into the Elk River were added to
the May 12th City Council agenda.
COUNCILMEMBER GUNKEL MOVED TO APPROVE THE MAY 12, 1986 CITY
COUNCIL AGENDA AS AMENDED. COUNCILMEMBER SCHULDT SECONDED
THE MOTION. THE MOTION PASSED 4-0.
tt 3. Minutes of the May 5. 1986 City Council Meetinq
COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE MINUTES OF THE
MAY 5, 1986 CITY COUNCIL MEETING. COUNCILMEMBER GUNKEL
SECONDED THE MOTION. THE MOTION PASSED 4-0.
4. Consideration of Small Business Week Proclamation
Mayor Hinkle and the Councilmembers indicated that they were
supportive of the Small Business Week Proclamation presented
for their signature by Jackie Schuelein of the Chamber of
Commerce, designating the week of May 18 - 24 as Small
Business Week in Elk River.
5. Library Heating and Cooling System Discussion
Mr. Bill Pollard, Librarian, representing the Elk River
Library Board, was present to discuss the Board's request to
transfer funds in the Library's budget for replacement of
carpeting in the main room, to the equipment maintenance
fund. Mr. Pollard explained that due to the deteriorating
condition of the Library's 11 year old heating and cooling
systems, extensive replacement and repairs were necessary.
Mr. Pollard further explained that two quotations had been
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May 12, 1986
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received; one, from Honeywell, Inc. of Golden Valley, MN,
for a cost between $40,000 - $50,000 and one from Elk River
Heating and Cooling for $25,000 for equipment plus
approximately $15,000 - $20,000 for installation including
tearing down a wall, masonary work and rebuilding of the
wall. Mr. Pollard indicated that $10,776 had been budgeted
for equipment repair and that even with a transfer of funds
for the carpet, they would be approximately $6,000 -$7,000
short, and they would need to explore other possibilities
for obtaining the needed funds.
Mr. Pollard indicated that upon inspection of the systems it
was determined that the complete outdoor section of the air
conditioner needed to be replaced at a cost of approximately
$8,146. Mr. Pollard explained that this was a high
priority, now that the warm weather season is fast
approaching. He further indicated that the heating system
could wait until closer to fall and by then, the necessary
funds would hopefully be secured.
Lori Johnson, Finance Director, explained that approximately
$17,313 would be available for the proposed work, taking
into account a $5,825 fund balance at the end of 1985,
transfer of $5,777 from the carpet replacement fund, and
$5,700 intended for the maintenance contract.
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COUNCILMEMBER ENGSTROM MOVED TO APPROVE THE TRANSFER OF
FUNDS BUDGETED FOR CARPET REPLACEMENT TO THE EQUIPMENT
REPAIR FUND. COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE
MOTION PASSED 4-0.
6.
Landfill Tax
Mr. Brian Benson, Sherburne County Zoning Administrator and
Sanitation Inspector, was present to review the County
Board's action on a request from operators of the Elk River
Landfill for a temporary reduction in landfill taxes
collected by the County and City. Mr. Benson explained that
the uncollected tax portion would be used to purchase and
install a 60 Mil. synthetic liner in an unfilled cell at the
landfill site. Mr. Benson indicated that the area is
approximately two and a half acres in size and is located in
the southwest part of the landfill site which is currently
being mined and nearing completion. Mr. Benson explained
that a 4 foot layer of clay would be placed under the liner
and in the slope area and that there would be a 3 foot layer
of sand to prevent puncture of the liner by sharp objects
dumped at the site. He further explained that a leachate
collection system would be installed which consisted of
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City Council Minutes
May 12, 1986
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perforated piping laid with work line drain tile to
intercept the acidy liquid formed as a result of rain water
working its way down through the various types of refuse,
before it could contaminate the ground water. Mr. Benson
cautioned that installation of the liner would not help any
existing potential ground water contamination problems in
other areas, only the specific area in which the liner was
installed.
Councilmember Schuldt asked
Mr. Benson indicated that
fall, upon completion of the
granting of the PCA permit.
when the project would be done.
it was proposed to be done this
necessary engineering work, and
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Discussion was carried on regarding controls to ensure
completion of the project if the tax reduction for the
construction of the project was granted. Mr. Benson
indicated that the County decided to require a written
commitment from the Elk River Landfill operators, Lawrence
and Chris Kreger, and the owner, Mr. Ernie Toth, that the
liner be installed within a specific time period. Also, he
stated that the commitment would become a condition of their
County landfill license and failure to complete the project
would be a violation and grounds for revocation of the
license. Further, it will be required that the lined cell
is to used for municipal solid waste and not for future ash
disposal.
Discussion of the State's standards for possible uses for
collected landfill taxes by the County and City followed.
Mr. Benson explained that the original request was for 100
percent funding of the project through reduced landfill
taxes. Mr. Benson indicated that the County proposed to
provide 50 percent of the funding. Cost of the project is
estimated to be $144,000 - $150,000, which includes the cost
of the liner itself, installation, earth work and piping.
He noted that by reducing the tax on the County's share of
the tax from $ .85 per cubic yard to $ .45, and the City's
share from $ .15 to $ .10 per cubic yard for a period of 4
months, approximately $72,000 would be generated
($16,000/mo. for the County, $2,000/mo. for the City from
June 1 through October 1,1986).
Councilmember Engstrom asked how long it would take to fill
the area of the landfill where the proposed line would be
placed. Mr. Benson indicated that it would take
approximately 8 to 10 years.
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tt Discussion was carried on regarding operation of the
landfill. Mr. Benson indicated that the Kregers leased the
landfill from Mr. Ernie Toth and paid him royalties from
monies collected from users of the landfill.
Mayor Hinkle indicated that he was not in favor of 100
percent funding of the project but that 50 percent would be
acceptable, and further, that he felt it was the
responsibility of the owner of the landfill to install the
liner.
Discussion followed regarding the possibility of the City
or County being responsible for the installation of the
liner to assure completion of the project, but Mr. Benson
explained that the County Attorney had advised against it,
due to possible legal implications if they were to become
involved in the operation of the landfill.
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COUNCILMEMBER GUNKEL MOVED TO JOIN THE COUNTY IN THEIR
PROPOSAL TO THE LANDFILL OWNER AND OPERATORS TO REDUCE THE
LANDFILL TAX FROM $.85 PER CUBIC YARD TO $.45 FOR THE COUNTY
AND FROM $.15 TO $.10 FOR THE CITY, FOR A PERIOD OF FOUR (4)
MONTHS, TO FINANCE THE PURCHASE AND INSTALLATION OF A
SYNTHETIC LINER AND LEACHATE COLLECTION SYSTEM, SUBJECT TO
THE TERMS AND CONDITIONS OUTLINED BY BRIAN BENSON IN HIS
LETTER TO MR. TOTH AND MR. LAWRENCE KREGER AND MR. CHRIS
KREGER DATED MAY 9, 1986. COUNCILMEMBER ENGSTROM SECONDED
THE MOTION. THE MOTION PASSED 4-0.
7.
Oak Meadows
Steve Rohlf, Building and Zoning Administrator, explained
that Mr. and Mrs. Gary (Jake) Jacobson, were present to
request an extension of the completion date for the roads in
the Oak Meadows subdivision to October 1, 1986, and to
request the building permits be issued upon completion of
the sub-base for the roads. Mr. Rohlf indicated that the
roads were to have been completed by November 1, 1985, but
due to bad weather in the 1985 construction season, they
were not. Mr. Rohlf indicated that since the original
letter of credit had expired January 10, 1986, a new letter
of credit with an expiration date of October 1, 1986 would
be necessary. Mi. Rohlf indicated that the purpose of the
letter of credit is to insure completion of the roads by a
specific date, so that if the work is not done, the City
could cash in the letter of credit to complete the
improvements themselves.
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City Council Minutes
May 12, 1986
tt Mrs. Darlene Jacobson indicated that they had a letter of
intent to issue the letter of credit from the bank, but that
the actual letter of credit would not be available to them
until after the Bank Board met the following evening. She
also indicated that she had a check to present to the City
Council for payment of the park dedication fees.
Discussion was carried on regarding fees to be paid prior to
issuance of building permits. Mrs. Jacobson indicated that
she had a receipt from the City of Elk River proving payment
of legal and engineering costs associated with the plat.
Mr. Rohlf further stated that no permits have been issued
for the plat because it has been the City's policy to issue
permits for a new development only if the sub-base has been
completed and it appears that completion of the roads is on
schedule. In this case, he stated, the sub-base is not yet
completed and road completion is not on schedule.
Mrs. Jacobson explained in detail the past history of the
project, her views on various conversations exchanged
between the Jacobsons and City staff, and reasons for delay
in the road project.
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COUNCILMEMBER
COMPLETION OF
THAT BUILDING
CONDITIONS:
GUNKEL MOVED TO EXTEND THE DEADLINE FOR
THE OAK MEADOWS ROADS TO OCTOBER 1, 1986 AND
PERMITS WILL BE GRANTED UPON THE FOLLOWING
1. THAT A LETTER OF CREDIT IN THE MOUNT OF $30,800 TO COVER
COSTS FOR CLASS 5 AND BLACKTOPPING OF THE ROADS BE
ISSUED TO THE CITY, IN THE EVENT THE DEVELOPER DID NOT
FULFILL HIS COMMITMENT;
2. THAT THE SUB-BASE BE COMPLETED AND APPROVED BY THE CITY
ENGINEER.
3. THAT THE CITY WILL NOT BE RESPONSIBLE FOR THE ROADS AND
WILL NEITHER ACCEPT NOR MAINTAIN THEM IF THEY ARE NOT
COMPLETED BY THE ESTABLISHED DATE.
COUNCILMEMBER WILLIAMS SECONDED THE MOTION.
PASSED 4-0.
THE MOTION
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Pat Klaers, City Administrator, indicated that he would
like the record to reflect the City Council's view of this
situation as an exception, rather than the rule; that the
City will only issue building permits when a project is
proceeding on schedule, and further, that it is up to the
developer to approach the City for an extension when
circumstances prohibit them from meeting a project
completion date.
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City Council Minutes
May 12, 1986
It 8.
Apartment Complex Project by Leonard Babinsky on School
Street
Steve Rohlf explained the request by Mr. Leonard Babinsky to
construct a second apartment building on property he owns on
School Street across from the Junior High School. Mr. Rohlf
indicated that the property in question is currently
recorded as being one large parcel and that the City's
ordinance allows only one principal use per lot. Therefore,
he stated, Mr. Babinsky must divide the parcel in order to
construct the second and third buildings he is proposing.
Mr. Rohlf indicated that the former Building and Zoning
Administrator, Rick Breezee, had signed the original site
plan for the first building and that Mr. Babinsky did not
recall or was not aware that the approval was only for the
first building and not the entire concept. Mr. Rohlf stated
that when Mr. Babinsky had approached him for a building
permit for the second building, he had to inform him that
some further steps must be taken to meet the City's zoning
Ordinance.
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Discussion was carried on regarding an administrative
subdivision to divide the property and the possibility of a
variance in the PUD ordinance to allow the three buildings
to be located on one parcel. Further discussion was carried
on regarding the project being hooked up to the proposed new
sewer line and problems with roads and proposed garage
locations for the apartment buildings.
It was the consensus of the City Council to make the
following determinations:
1. That the request be handled as an
SUbdivision.
administrative
2. That the access issue be addressed in reviewing the
administrative subdivision.
3. That the garages must be located on the same lot as the
corresponding apartment building.
4. That if sewer project is not completed when the
developer is ready to hook up to the sewer, the City
would not be liable for any delay.
5. That prior to issuance of building permits, all the
necessary paperwork must be completed and fees paid.
6. That no waste building materials are to be buried on the
site.
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7. Prior to building permit issuance, School Street should
be patched at the access entrances by Mr. Babinsky as
per Phil Hals' instructions.
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City Council Minutes
May 12, 1986
~ 9.
Access Change for Deerfield 3rd Addition
Mayor Hinkle indicated that Mr. Jerry Smith, developer of
the Deerfield 3rd Addition Subdivision, had contacted the
City to report he was having problems obtaining the access
onto Highway #169 in the northwest corner of his plat. Mayor
Hinkle further indicated that he had contacted Al Wille of
Mn/Dot and was directed to contact Mr. W.N. Yoerg. Mayor
Hinkle indicated that after speaking with representatives of
Mn/Dot, he felt there would be no problem in getting the
access, and that it was a matter of completing the proper
applications and going through the proper channels to obtain
the access.
Mayor Hinkle further indicated that he also spoke with Bud
McCulloch of Mn/Dot regarding the request by the City for a
semaphore at the intersection of Highway #169 and School
Street/Elk Hills Drive. Mr. McCulloch had indicated to him
that the cost would be approximately $120,000 and one-half
of the cost is proposed to be borne by the City of Elk
River, and that the project is proposed to be completed in
1987.
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Mayor Hinkle asked Steve Rohlf to contact the City Attorney
to request that the letter he was preparing to send to the
State be sent to the City first for their review.
It was the consensus of the City Council that no building
permits in Deerfield 3rd Addition would be issued before:
a. The completion of the sanitary sewer and water system;
and
b. Completion of the sub-base.
10. Georae Deschenes' Cul-de-sac
Steve Rohlf explained the situation leading to the City's
need for the easement for the cul-de-sac on Line Avenue from
Mr. Deschenes. Mr. Rohlf further explained that Mr.
Deschenes has requested $300.00 for the easement, and
further has requested payment of an invoice in the amount of
$935 for costs incurred by him to restore his property
disturbed by 1983 construction in the Barrington Place
development. Mr. Rohlf further explained how the situation
had developed and that the work Mr. Deschenes had taken upon
himself to complete should have been the responsibility of
the developer of Barrington Place.
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4It Discussion was carried on regarding the drainage problem in
the area, the street name irregularity, and the bill
presented by Mr. Deschenes, and work done on his property by
Howard Blumker.
Councilmember Schuldt indicated that Mr. Deschenes should
have come to the City with the problem rather than taking it
upon himself to do the work and then try to collect from the
City after the fact.
It was the general feeling expressed by the majority of the
City Council that payment of $300.00 for the easement and
one-half of the bill presented by Mr. Deschenes was
reasonable. It was the consensus of the City Council to
direct the City Administrator to contact Mr. Deschenes to
meet with the City Council at their June 2nd meeting to
discuss the matter further.
11.
City Park
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Pat Klaers, City Administrator, reviewed the memo from Phil
Hals, Street Superintendent, dated May 9, 1986, explaining
the offer from the State of Minnesota to turn over a small
piece of land adjacent to Highway #10 east of the Dairy
Queen to the City. Mr. Klaers indicated that Phil Hals was
receptive to the City's taking over the property so that it
could be better maintained and thus a more attractive site
than at present.
COUNCILMEMBER GUNKEL MOVED TO ACCEPT THE PIECE OF PROPERTY
FROM THE STATE OF MINNESOTA ADJACENT TO HIGHWAY #10 EAST OF
THE DAIRY QUEEN. COUNCILMEMBER WILLIAMS SECONDED THE
MOTION. THE MOTION PASSED 4-0.
12. Purchase of Tank Truck for Fire Department
Mr. Russ Anderson and Mr. Duane Mordal were present to
request permission from the City Council to spec out a 2,000
gallon water tank truck. Mr. Anderson explained that the
undercarriage of the tank truck currently in use by the fire
department is rusting out. He explained that they have had
the truck for five years and was purchased as a used model.
Mr. Anderson explained that the tank truck is used to
transport water to fight fires in the outlying areas of the
City not served by. City water hydrants. Mr. Anderson
further explained that if a new truck was purchased, the
fire department would use the old truck as a backup and that
possibly they could budget for repairs next year. Mr.
Anderson outlined the various specifications he had in mind
for the new truck. Mr. Anderson stated that after checking
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May 12, 1986
4It with tank and truck dealers, the cost of the truck would be
approximatley $50,000. He further indicated that the cost
could be somewhat lower in reality, as the bidding process
usually brought in lower prices than simple verbal quotes
do.
Discussion was carried on regarding the number of fire calls
received so far for 1986, the number of gallons of water
typically used in fighting a fire, and discussion of the
fire contracts and fees collected from them.
Finance Director Lori Johnson, indicated that the issuance
of equipment certificates could be used as a method of
payment for the truck, since no monies have been budgeted
for 1986.
It was the consensus of the City Council that the Fire Chief
be directed to go ahead with preparation of specifications
for the 2,000 gallon water tank truck.
13.
504 Handicap Accessibliity Proqram
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COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE 504 GRIEVANCE
PROCEDURE AND TO APPOINT CITY ADMINISTRATOR, PATRICK KLAERS
AS 504 COORDINATOR COUNCILMEMBER GUNKEL SECONDED THE MOTION.
THE MOTION PASSED 4-0.
14.
Sewer Rates
Discussion of the Finance Director's memo to the Mayor and
City Council dated May 9, 1986 was carried on.
COUNCILMEMBER WILLIAMS MOVED TO APPROVE THE RECOMMENDATION OF
THE FINANCE DIRECTOR AS STATED IN HER MEMO TO THE MAYOR AND
CITY COUNCIL DATED MAY 9, 1986, INCLUDING THE ESTABLISHMENT
OF A MAINTENANCE FUND FOR REPAIRS OF THE WASTEWATER TREATMENT
FACILITY AND LIFT STATIONS AND, ALSO TO INCREASE THE SEWER
RATES AS FOLLOWS:
Proposed 30%
Increase
Minimum Monthly Charge
(7,000 gallons per quarter)
5.95
Flat Rate Monthly Charge
(non-metered customers)
12.25
Rate per 1000/gal. per quarter
2.55
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COUNCILMEMBER ENGSTROM SECONDED THE MOTION.
PASSED 4-0.
THE MOTION
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May 12, 1986
4It 15. Pay Plan for City Department Heads
Finance Director Lori Johnson indicated that in attempting
to establish a step system within the department head salary
ranges, she had encountered problems due to the varying
length on ranges adopted by the City Council.
It was noted that there were errors in the City
Administrator's and Finance Director's ranges and that the
City Council would amend the minutes of the meeting at which
the ranges were adopted to reflect the necessary changes at
their next regular meeting.
16. Resolution Excluding the City Administrator from PERA
COUNCILMEMBER SCHULDT MOVED TO APPROVE RESOLUTION 86-31 A
RESOLUTION APPROVING THE ELECTION OF PATRICK D. KLAERS TO BE
EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.
COUNCILMEMBER GUNKEL SECONDED THE MOTION. THE MOTION PASSED
4-0.
17. Other Business
A.
Check Register
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COUNCILMEMBER SCHULDT MOVED TO APPROVE THE MAY 6, 1986
CHECK REGISTER. COUNCILMEMBER WILLIAMS SECONDED THE
MOTION. THE MOTION PASSED 4-0.
B.
St. Cloud State Intern
The City Administrator requested permission to allow an
intern from St. Cloud State to perform services for the
City for credit toward his degree. The City
Administrator proposed to enter into a contract with the
intern, (providing he found the candidate acceptable
during the interview process), for a 2 month period at
40 hours per week and to pay the intern a total of
$1,000 for his services. Mr. Klaers stated that the
intern would work on recertification of the Star City
Program (for the Economic Development Commission) and
also planning and zoning duties.
COUNCILMEMBER GUNKEL MOVED TO AUTHORIZE THE CITY
ADMINISTRATOR TO PROCEED WITH HIRING AN INTERN FROM ST.
CLOUD STATE WITH THE FOLLOWING CONDITIONS:
1. THAT THE CANDIDATE IS FOUND ACCEPTABLE TO THE CITY
ADMINISTRATOR DURING THE INTERVIEW PROCESS.
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2. THAT THE CITY ADMINISTRATOR CONSULT THE CITY ATTORNEY
REGARDING THE CITY'S LIABILITY FOR AN EMPLOYEE HIRED
UNDER THESE CIRCUMSTANCES.
COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION
PASSED 4-0.
C. Big Lake Sewage into the Elk River
The City Council directed the City Administrator and
staff to contact the PCA regarding the pumping of raw
sewage through the storm sewer into the Elk River.
There being no further business, COUNCILMEMBER GUNKEL MOVED
THAT THE MEETING BE ADJOURNED. COUNCILMEMBER ENGSTROM
SECONDED THE MOTION. THE MOTION PASSED 4-0.
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Recording Secretary -~
Deborah Kleckner