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HomeMy WebLinkAbout02-16-88 CCM1Ay4y�9i i�.�'MY;WAr+t .,a :;ti v. r 1�uFR1`�'9� o , LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1988 Acting -Mayor Armstrong called the City Council meeting to order at 7:05 p.m. in the City Council chambers. Present: Armstrong, Johnson, Moe, City Engineer Bohrer, City Attorney Knaak, Building Official Jim McNamara and Acting City Administrator Kueffner. 1. Agenda Add: 6A. Problem with 509 Culvert, James Palecek at 2798 Jamley M/S/P Graves/Armstrong - to approve the February 16, 1988 City Council Meeting agenda as amended. (Motion carried 3-0). 2. Minutes: February 2, 1988 M/S/P Graves/Johnson - to approve the Meeting minutes as amended. (See Page 5-F. Budget; Page 7-F. Acoustic Remedy carried 3-0). 3. Claims February 2, 1988 City Council 4-C. Engineer's Contract; Page for Council Chambers.) Motion M/S/P Johnson/Graves - to approve the February 16, 1988 Claims #89869 thru #89929 as presented; excluding Claim #89891 for further clarification. (Motion carried 3-0). 4. Landfill Update R.E.A.P.P. member Steve DeLapp gave the Council an update on the Wednesday, ;Februarvy 17th meeting with Senator Merriam to discuss legislation that might get through to support excluding the dump out of the park. Harriet McPherson and Gary Laidig are contacting the Chairman of the House and Senate Envirolyi+imt committees to press them to hear our case again. The amendment that was used before and failed cannot be reintroduced so aslip Uy, different amendment has to be proposed. Mayor Hudalla of Oakdale talked to Dan Novak and told him they would support and pass a resolution favoring elimination of the proposed dump site in the park. On April 8th, the Larkin Dancers will give a benefit concert to support R.E.A.P.P at the Tartan School at a charge of �5-per person. S6 (Amended 3-1-88) DeLapp asked Attorney Knaak if there was any information on him meeting with Chuck Dayton in regard to potential legal actions against the County Board and the Metropolitan Council. Knaak responded that he has meet withEllenSanmsorn of this firm and anticipates meeting with Chuck Dayton in the following week. Councilman Graves stated the Council had asked Mr. Dayton what would be the most advantageous course of action to be taken by the City, the probability of winning, LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1988 PAGE 2 when should this option be exercised, and what would the City expect in a bill for such legal action. Knaak will contact Ellen Samnsnn,or Chuck Dayton to write his response to these questions in a letter. Councilmembers Armstrong and Graves made it clear that they had no intentions of spending $100,000-$125,000 in legal costs because the budget does not permit it. R.E.A.P.P. is trying to get Marlene Johnson to add Lake Elmo Airport to her stop on her Environmental Pollution tour in a few weeks in order to discuss recycling. 5. PUBLIC HEARING: Ordinance amending Section 700 "Sewer Systems" of Lake Elmo Municipal Code. Acting Mayor Armstrong opened up the public hearing in the City Council chambers at 7:35 p.m. When the City received a federal grant for improving wastewater treatment facilities in the City, it also took on the obligation to develop a sewer use ordinance. A sewer use ordinance is required by the federal rules to effectively control the connections and the contributions of these new sewer systems. In Lake Elmo there are some existing ordinances that deal with sewer systems so we can comply with the federal requirements by amending two of our sewer sections of the code, Section 701 and 702. It is also required for the grant that a wastewater service charge ordinance be established. The purpose of this is to establish and collect a user fee so that there are sufficient funds available to operate and maintain these new systems that were constructed with federal funds. In this case, a new ordinance --Section 707, Wastewater Service Charge must be established. A fourth ordinance which needs to be adopted is the Sewer Service Charge System. This ordinance is the actual computation of what the user fee should be in 1988. This will be reviewed and updated each year. The recommended user fee for 1988 for the people on the off -site and collector septic systems is $30 per quarter for each residential equivalent unit. As Engineer Bohrer went through the amendment changes Armstrong asked a question on the last sentence (46 Unlawful Connections to Community Sewage Treatment System, which stated no new connections or flow increases will be permitted two years following startup of each public sewage treatment system) if this means at the two year year point there is no additions. Bohrer will look into this comment which was made by the PCA. Councilman Graves pointed out that a ph of 9.5 or above, conceivably a person would be in violation of this if they used Drano so it was suggested to add a quantity. Also suggested was to add the language of typical garden variety pesticides and herbicides instead of just stating toxic pollutants. Bohrer further explained 707-050 Regulations which define the type of maintenance program that is going to be established in the City. A passive maintenance program will be required for all those properties LAKE ELMO CITY COUNCIL MINUTES FEERUARY 16, 1988 PAGE 3 utilized in individual on -site sewage treatment systems. For those properties on the passive maintenance program the propertyowner will be responsible for the cost of operating, maintaining and replacing the system. This includes the periodic pumping. In order to keep track of who is maintaining their systems, the City will supply inspection cards to the pumpers within the City. When a septic tank is pumped, the tank will also be inspected by the pumper and the signed inspection card returned to the City. The City shall at regular intervals, at least bi-annually, determine which septic tanks have not been inspected and/or pumped. If those on the passive maintenance fails to maintain or pump their systems, the City will do it and charge the propertyowner. A fee of $5 per year will be charged for administrative costs for the report -card service. The Council debated whether such a small amount should be billed separately, included in property -tax billings, or simply taken out of the cit 's general fund. This discussion will continue at the Parch lst mee ing. All properties connected to community collection and treatment systems, cluster systems, or individual off -site systems shall be on the active maintenance program. For those properties on the active maintenance program, the City will be responsible for operating, maintaining and replacing the collection and final treatment and disposal system. The City will arrange for all repairs and maintenance on the sewers, lift stations, controls and drainfields. The property owners will still be responsible for all repairs and maintenance to septic tanks, including septic tank pumping, and to all individual pump stations and sewer pipes up to the collector sewer or up to final treatment and disposal system. If the owners on the active maintenance system fails to maintain improvements on their property, the City has the ability to have the maintenance done and charge them back. All users of the Wastewater treatment facility shall be charged annually for sewer service based on the number of equivalent residential units assigned to each and based on if the unit is seasonal or yeararound--which in our case is all year around. A single-family household averages about 250 gallons of sewage a day; that amount is called an "equivalent residential unit". The cost for service would depend on how many units of sewage a particular building is expected to produce. For each unit, the city's charge would be $30 a quarter or $120 a year. Of all of the residences, businesses connected to the off -site or collector systems, there are 27 residential connections, 3 commercial connections, and no industrial, institutional or governmental connections. Councilman Graves felt the 24 residents affected by these charged assessments should have been notified. M/S/P Johnson/Graves - to continue this public hearing until the March 1st meeting and direct the city staff to send a letter to the residents on the active maintenance program notifying that the hearing has been continued and they will be charged an "equiv�le t residential unit of $30 ner quarter or .?120 a year. (Motion carriec�3-0 . LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1988 PAGE 4 (MI01i.on carri-ed 3-0) Councilwoman Armstrong suggested that they start a city-wide computer card system. Councilman Johnson agreed with this suggestion because the problem the city has is the people that move into the city that have had municipal sewer does not know how to take care of their septic tanks. Steve Delapp explained that this card system where pumpers mail in the card when a system is pumped does work in Brooklyn Park. M/S/P Graves/Johnson - to call a public hearing for March 15, 1988 for an ordinance change to include the broadening of the reporting card septic system city-wide. (Motion carried 3-0). 6. A. James Palecek Jim Palecek, 2798 Jamley Avenue, reported that the water has backed up due to the freeze up of the new culvert on 28th and Ivy that the VBWD has put in for the 509 Plan. It has already surrounded approx. 70+ trees which are 22 years old on his property. calcium VBWD Engineer Nels Nelson was notified,/"and he was going to check with the County on a steamer because the chloride that was brought in was not working. Larry Bohrer stated he would call Nels Nelson in the morning. The Council asked Mr. Palecek to let the City know if the problem was resolved. B. Shoreland Permit --Richard and Diane Acree, 2986 Lake Elmo Ave. lei Richard and Diane Acree wish to construct two first floor additions and one second floor addition to the lakeside of the existing house at 2986 Lake Elmo Avenue. Since this property is along the northwest shore of Lake Elmo, Shoreland Regulations apply. In City Engineer Bohrer's report, dated February 11, 1988, he stated that this application meets all of the setback provisions of the Shoreland Ordinance. The house is well above the lake level and no variances are required. Since no additional bedrooms are being added, and evaluation of the septic system is not required. Bohrer pointed out that the existing septic tank is four feet from the existing house, where 10 feet is required. Since the addition does not increase this non -conformity, a variance is not required. This was pointed out so that the owners and contractors are aware of the close proximity of the tank when excavating for the new foundation. M/S/P Graves/Johnson - to grant a shoreland permit to Richard and Diane Acree at 2986 Lake Elmo Avenue for the renovation of the existing structure as on file in the city office. (Motion carried 3-0). 7. STAFF & COMMISSION REPORTS LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1988 PAGE 5 A. Building Department: Appendix E of State Building Code and Y Fee Schedule Building Official Jim McNamara explained that Appendix E, if adopted, would be be more restrictive and does not allow some of the tradeoffs that is allowed by the UBC code. (Tradeoffs such as a fire wall instead of sprinklers depending on the type of building, occupancy). In Appendix E it would state you have to spbinkle, there are no variances. Appendix E has to be for the entire city and not portions of the City. Once the building changes occupancy, the new type occupancy would possibly require sprinklers retrofitted to the existing building. Jim did recommend that the Council not adopt Appendix E at this time because he felt the provisions in the UBC code now governs every building except single-family dwellings. Jim added, that Lake Elmo a rural community, there are not many commercial buildings so he didn't see this was necessary to adopt. Also the City does not have city water supply which could be a problem with the proper operation of the sprinkler system. The Council asked if Jim would contact Fire Chief Fran Pott for his determination on the benefits of Appendix E, and asked,Jim to give scenarios where adoption of Appendix E would benefit the City more than the UBC codes now in effect, and asked for ctas-t2catrcn of the codes. classification (Amended 3-1-88) Jim felt the adoption of the 1985 fee schedules for the building permits were more than sufficient to cover the Building Official's expenses. Example given: $100,000 home --old schedule $433/new schedule $639. Also the Plan Review fee increased --old schedule $281.35/new schedule $415.67. B. Finance Department: Formal Adoption of 1988 Budget The 1988 budget will be mailed to the City Council for their review. Formal adoption of the 1988 budget will be on the March 1st City Council meeting. C. Administration I. City Administrator's Job Description is r2i A draft description for City Administrator was presented by Dick Johnson and Mary Kueffner for the Council's review. The Council felt it was a very good description and had two minor changes. This description and a letter will be sent to the 13 finalists to get an indication if they are still interested in the job by Friday, February 26th. A list of the interested applicants will be available for the March 1st meeting. M/S/P Johnson/Gravess - to adopt the City Administrator's job description as a policy of the City as revised; to include the two modifications (Insertion on Page 2, 2nd paragraph --individual departments and in 5th paragraph to decrease amount of purchase to LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1988 PAGE 6 $5000) and with the deletion of the salary range. (Motion carried 3-0). M/S/P Graves/Johnson - to call a public hearing for March 15, 1988 to amend our ordinance to include the City Administrator's job description as revised on February 16, 1988. (Motion carried 3-0). 2. Report from City Attorney on former City Administrator City Attorney Knaak presented his monthly active litigaion file report. Knaak will contact the Council, directly, to update them on the status of his negotiations with our former City Administrator's attorney regarding his separation from the City. 3. Purchasing Policy The City Council reviewed the purchasing policy and made a few revisions. The following motion was then made. See Exhibit A. M/S/P Graves/Johnson - to approve the purchasing policy for the City of Lake Elmo as revised on February 16, 1988 with a copy of this purchasing policy to be inserted in the policy book. (Motion carried 3-0). 4. Clerical Help for City Office It was suggested at the last council meeting for the staff to look at getting a high schooler in to help with our clerical workload. Mary has checked with S.H.S. and they do have a person that would be interested in the job. The student could not get here util 3:30 which would allow for one hour of work per day. The staff believes we need more than this. We need someone that could work 20-25 hours per week, based on need. The Council agreed help is needed, but they would like to discuss this position with Finance Director Banister in regard to where this would be paid out of the 1988 budget. 5. Deputy Clerks attendance at Clerk's Conference Deputy City Clerk Mary Kueffner asked permission to attend the MC&FO Conference in Alexandria on March 22-25. The conference fee is $95 and the hotel cost is $177. This will credit points toward her goal of earning a City Clerk's certification. M/S/P Graves/Johnson - to authorize expenditures of a conference fee of $95 and the hotel cost of $177 for Mary Kueffner to attend the Municipal Clerks and Finance Officers Annual Conference, March 22-25, 1988 at the Radisson Arrowwood Resort, Alexandria, MN. Motion carried 3-0). D. Parks Commission: Recommendation for donation to Stillwater Athletic Field. M/S/P Graves/Johnson - to table the consideration for a donation until LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1988 PAGE 7 the next city council meeting in order to discuss with Finance Director Marilyn Banister where in the 1988 budget this donation would come from. (Motion carried 3-0). E. Planning Commission: Report from staff on PZ involvement in the CIP City Attorney Knaak reported, as he reads the statutes, it is at the discretion of the City Council to involve the Planning Commission in the CIP's, there are no statutory requirements that expressly requires their involvement. M/S/P Johnson/Graves - to adjourn the City Council meeting at 10:10 p.m. (Motion carried 3-0). EXHIBIT A 1. Levels of control Expenses to $200 Expenses $200-$500 CITY OF LAKE ELMO PURCHASING POLICY Purchases within budget based on discretion of department head. Budgeted Administrator gets quotes where necessary. Unbudgeted Administrator takes request to Council Committee with price. Expenses $500-$1000 Budgeted Administrator gets quotes Unbudgeted Administrator takes quotes to Council Committee Expenses $1000-$5000 Budgeted Quotes mandatory to City Council; Council may require bid Unbudgeted Quotes and budget status to Council; Council may require bid. Expenses over $5000 Bids mandatory. Bid procedure and contracts followed. NOTE: If bids are not received, quotes may be obtained. 2. Petty cash funds will be established to handle small emergency purchases: Fire Department - $ 50.00 City Office - $ 50.00 .Maintenance - $100.00 3. City Council members will continue to have $100 authorization for emergency purchases. 4. All expenses will be approved with claims by City Council. 5. The City's purchasing policy will be amended as State Statutes are revised. Adopted: April 17, 1979 Revised: December 11, 1979 Confirmed: January 15, 1983 Revised: July 21, 1987 Revised/Adopted: February 16, 1988 4 i Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL FEBRUARY 16, 1988 7:00 p.m. Meeting Convenes 1. Agenda 2. Minutes: February 2, 1988 3. Claims 4. Landfill Update 7:30 p.m. 5. Public Hearing: Ordinance amending Section 700 "Sewer Systems" of L.E. Municipal Code 6. Shoreland Permit 2986 Lake Elmo Avenue N. 7. Staff & Commission Reports A. Building Department Appendix E of State Building Code and Fee Schedule B. Finance Department Formal Adoption of 1988 Budget C. Administratrion 1. City Administrator's job description 2. Report for City Attorney on former City Administrator 3. Purchasing Policy 4. Clerical help for City Office 5. Deputy Clerks attendance at Clerk's Conference D. Parks Commission Recommendation for donation to Stillwater Athletic Field E. Planning Commission Report from staff on PZ involvement in the CIP