06-18-96 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES JUNE 18, 1996 3 D. Request by Peter Halden 8312 Deer Pond Trail N,. Peter Halden, 8312 Deer Pond Trail N., requested the City to put in a curb to resolve the runoff onto his property which is causing erosion. He was told by a staff member that he would be on this Council agenda. Mr. Halden was asked to contact the City Administrator in order for this request to be placed on the July 2 City Council meeting with a recommendation. E. Request by Rehbein Excavating The City received a request from Rehbein Excavating to work on Saturdays in the Washington County Landfill based upon the unusual amount of rain this year, as well as the mutual benefit to all in seeing that this project is completed as quickly as possible. The City Administrator drafted an amendment to the existing noise ordinance which would allow the contractors to workoorm 7 a.m. to 8 p.m, on weekdays and from 9 a.m. to 5 p.m. on weekends and state and federal holidays. Currently, a special permit can be requested if certain criterion is met (emergency situations or determination of a substantial economic loss). M/S/P Hunt/Johnston - to direct the staff to call a public hearing on ordinance amending Section 1507.030 expanding the permitted hours of operation of construction equipment between the hours of 7 a.m. and 8 p.m. on weekdays and from 9 a.m. to 5 p.m. on Saturdays, Sundays, and state and federal holidays and bulk mail notice to all residents. (Motion passed 5-0). M/S/F Hunt/John - to authorize the City Administrator to issue a permit for Saturday extended hours to work on the Washington County Landfill cleanup provided there is a showing of financial hardship. (Motion failed 2-3:Conlin, Johnston, DeLapp) Attorney Filla pointed out the Council asked Rehbein two weeks ago for information to be submitted demonstrating substantial economic loss. Council member Johnston felt the recommendation remains inconsistent with the ordinance and the direction received from the City Attorney --a special permit can be requested if there is an emergency situation or determination of a substantial economic loss and City has not received any information from Rehbein. Niles Fellows, MPCA, responded that in the agreement it states the City shall not allow others to take any action to interfere with the environmental response action. He will consider his option and contact his attorney. M/S/P Hunt/John - to reconsider motion. (Motion passed 4-1:Johnston) M/S/P Conlin/Hunt - to reconsider motion contingent upon information provided to the City Administrator by applicant which should include cost of increasing the workforce on the site during regular work hours and demonstrated that increasing the workforce is going to cost more than working overtime on Saturday. (Motion passed 3-2:DeLapp, Johnston) F. Agreement with SBA for Request for antenna on water tower Attorney Filla pointed out the City has to amend the code to accomplish a permitted antenna over 65' in height. There was discussion on if an antenna is an incidental use or could it be considered a normal accessory use to a water tower. If the City is going to require a 65' height limitation, an amendment is required to the code in order to place an antenna on the Cimarron water tower which is more than 65' in height. The City will have to treat the City water tower the same.