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HomeMy WebLinkAbout05-03-88 CCMSince 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 v 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 MAY 3, 1988 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: April 19, 1988 3. Claims 4. Public Inquiries 5. Landfill Committee Report 6. Downs Lake Estates - Final Plat 7. PUBLIC HEARING - Reporting Card System 8. One Percent Ordinance 9. 1988 Sealcoat Project 10. Variance Appeal - Williams/Mastro ----------- Break -----------_ 11. Residential Estates (Planning Commission) 12. Board of Review (continuation) 13. Charitable Gambling Permit Request 14. Bid specifications for pickup truck 15. Request from Parks Commission for ordinance prohibitting glass containers in city parks. 16. Washington County Law Enforcement Contract 17. Bonestroo/Johnston parking dispute 18. Adjourn APr °�6P LAKE ELMO CITY COUNCIL MINUTES MAY 3, 1988 Acting -Mayor Armstrong called the City Council meeting to order at 7:02 p.m. in the City Council chambers. Present: Armstrong, Johnson, Graves, Moe, City Engineer Bohrer, City Attorney Knaak and Acting City Administrator Kueffner. Absent: Christ 1. Agenda Delete: 10. Variance Appeal-Williams/Mastro, 11. Residential Estates. Add: 17. Solid Waste Advisory Board M/S/P Graves/Johnson - to approve the May 3, 1988 City Council agenda as amended. (Motion carried 4-0). 2. Minutes: April 19, 1988 M/S/P Johnson/Graves - to approve the April 19, 1988 City Council minutes as amended. (Motion carried 4-0). 3. Claims Change Claim #90210 to Rauenhorst, Carlson & Knaak for $3,012.85 M/S/P Graves/Johnson - to approve the May 3, 1988 Claims #90163 thru #90222 as amended. (Motion carried 4-0). 4. Public Inquiries Hugh Madson, 11060 32nd St. N., stated the streets are in the worse condition he has ever seen. Yet the VBWD was given approval for our city's maintenance crew to work on their project before they repaired the streets. City Engineer Bohrer agreed with Mr. Madson has not started. On Monday Bohrer went with Olinger around the City marking out patching starting shortly. 5. Landfill Committee Report that the blacktop patching Maintenance Foreman Dan areas. This work will be Between the City and REAPP, the reduction of Mr. Dayton's bill has been successfully negotiated --he has reduced his bill 40 percent. .The City has an oustanding balance of $1800. Dan Novak presented a check from REAPP for the $1800 balance. Now that the legislation has failed, REAPP requested the City ask Mr. Dayton to identify what options we pursue next and when, our chances of winning, and an estimated cost associated with those. When Dan talked to Dayton he mentioned a cost of $800-$1000 associated with this third action. REAPP would pay a portion of this bill depending on the amount, The City Council thought this was an excessive amount. The Council did not want to get involved with a retainer. They requested the following specific information from Attorney Dayton: (1) what steps should now be taken in the fight against the pxlandfill siting at the Labe Arno Regional,Paxk,Resgrve-and,*,hen they should be acted upon; (k w at the'nrobat lity of succeSs-is'goin`g`"totbe; and (3) estimate how much each might cost. (Amended 5-3-88) City Attorney Knaak contacted Dayton's office and they have told the City what the options are in a letter. They have not addressed the cost, but are aware of our concerns. Knaak's understanding is Dayton is suggesting waiting until the EIS is completed and then attacking it. Knaak feels this is very sound. Knaak suggested asking Dayton if he would wish to continue representing the City in this matter and the nature and amount of any retainer he would require to continue to serve as the City's counselor. M/S/P Graves/Johnson - to direct the City Attorney to write a letter to Attorney Charles Dayton requesting a short proposal for workl'that is necessary to maintain the City's position in this matter at this time through the scoping process and if Mr. Dayton would wish to continue representing the City on this matter, in particular, the nature and amount of any retainer he would require to continue serving as the City's counselor during this period. (Motion carried 4-0). 6. Downs Lake Estates - Final Plat Bruce Folz presented the Final Plat for Downs Lake Estates and explained the proposed plat was in accordance with the preliminary plat that was approved by the City Council and with the City Code requirements for final platting. No variances were required and the barn and shed have been removed. M/S/P Graves/Johnson - to adopt Resolution 88-19 approving the final plat of Downs Lake Estates contingent upon the following: (1) that applicant pay a park dedication fee of $250 for the newly created lot; (2) that the applicant pay all costs incurred in reviewing this plat; (3) that the applicant record this final plat within 120 days of approval. (Motion carried 4-0). 7. PUBLIC HEARING - Reporting Card System Acting Mayor Rose Armstrong opened up the public hearing at 7::33 p.m. in the City Council chambers. Planning Commission Chairman Steve DeLapp stated the Reporting Card System was a good idea and this would teach septic system owners the proper methods of taking care of their systems. Harry Besch, 9521 Stillwater Blvd N., asked if the City Council believed the entire city should be pumped because he agreed they should be pumped. Armstrong closed the public hearing at 7:40 p.m. Councilman Graves stated it was unfortunate the City had to become involved, but because of the health and welfare of the community being endangered because of failing septic systems he would support this. Councilman Johnson stated, based on his experience of being a realtor, he has found people are uneducated about maintaining their septic LAKE ELMO CITY COUNCIL MINUTES MAY 3, 1988 PAGE 3 systems so he was in support of a Reporting Card System. If our records showed that a homeowner hasn't had their system pumped, Johnson suggested it should be added on the card that if they have proof to show otherwise to please send it in. The Staff will soon have an inventory of who has or hasn't pumped in the last two years. As soon as this information is available as to who hasn't pumped, the City would implement the program. City Engineer Bohrer suggested that the first batch of the 201 reminders will go out this fall. This would be an appropriate time, because all the names with the septic tank pumpers records will be logged in, to send the notices stating that the City has adopted this program, the reasons, what it is (a preventative maintenance program), literature on how your septic system works and why it is important to do this. Lastly, according to our records your system has not been pumped within the last few years, please arrange to have this done within the next 30 days. Reporting cards would be available to pumpers within 6 weeks and the first mailing of the informational packet would be the Fall of 1988. The Council agreed on a change to the proposed ordinance on Item 8(b) when municipal facilities are not available, at a land disposal site approved by the County's Zoning Administrator. The Council did not want to empower our City's zoning administrator to say that people can dump septage in certain farm fields, but felt the disposal site should be approved by the County's Zoning Administrator. M/S/P Graves/Johnson - to adopt Ordinance 8017, amending the 1979 Lake Elmo Municipal Code; an ordinance mandating a minimum biennial pumping of individual on -site septic systems, with this program implemented through a reporting card system based on the time period recommended by Larry Bohrer (Reporting cards will be available and distributed to licensed pumpers in the City within 6 weeks, the first mailing of the informational packet the Fall of 1988. This will be the start of the Mandatory Pumping Program). (Motion carried 4-0). B. One Percent Ordinance The Planning Commission held a public hearing on March 28, 1988 to consider adoption of the "One Percent Ordinance". The commission discussed this at several meetings and on April 25th made a recommendation that the City Council adopt the ordinance as amended if the intent of the City Engineer had not been changed. City Engineer Bohrer did not agree with the Planning Commission's proposed wording: To restrict the runoff leaving a site so that on the average over 100 years, the increase in rate or volume of runoff due to new development shall not exceed one percent" because the limitation of one percent refers to the probability of occurence, not one percent of a rate or volume over an allowable limit. The One Percent Rule deals with the probability of occurence rather than a rate or volume. The probability is based on the`100 year historical records. However, this storm may not be the storm that produces the greatest amount of runoff from the site. LAKE ELMO CITY COUNCIL MINUTES MAY 3, 1988 PAGE 4 Councilman Moe asked the City Attorney if this One Percent Rule would be defensable? Knaak answered it depends on what its purpose is perceived to be. If it is perceived to be merely a restriction on development, yes it can be carefully drafted to actually achieve this purpose. The clearer you are in your purpose and in volume, the better off you will be. Councilwoman Armstrong explained that Oakdale's One Percent Rule was not defeated, they never chose to use it. The watershed's rule was defeated because they did not go through the proper processes to adopt it --they did not hold a public hearing, did not go through scientific data to determine if it was a valid rule. The City of Lake Elmo does not have to go through scientific data to adopt this into our ordinances. City Attorney Knaak stated you have to have a reasonable basis. City Engineer Bohrer stated the City has used this One Percent Rule for many years, but have relied on the Watershed District to do the enforcing. The City uses the same rules that were being required by the Watershed District; therefore, there were two bodies that had authority over a development. Bohrer explained this ordinance is for engineers, by engineers. Engineers are going to interpret that phrase for a developer and he or an engineer is going to review that submittal on the basis of this ordinance. That is why it seems unclear to someone who does not calculate runoff. M/S/P Johnson/Graves - to direct the City Engineer and City Attorney to prepare a One Percent Ordinance and forward this ordinance to the Planning Commission for their review. (Motion carried 4-0). 9. 1988 Sealcoat Project City Engineer Bohrer explained the history behind the Sealcoat Project. He passed out a map of the street inventory for the 1988 Seal Coat Program. Bohrer recommended the streets that needed sealcoating were colored in red and would be part of the County's Sealcoating progam. The streets colored in green were recommended for an overlay and would require a public hearing to consider a bituminous overlay project. Bohrer stated that the County is interested in knowing what streets we want sealcoated and they would like us to provide a map to them because the program would start the latter part of July. Total Estimated Cost for the 1988 Sealcoat Program Estimated Construction Cost $129,786 SY @ $0.36 $46,723 City Engineering $ 1,287 Total Estimated Cost $48,000 Proposed Financing:. Sealcoat Fund $40,000 Patch and Overlay Fund $ 8,000 r LAKE ELMO CITY COUNCIL MINUTES MAY 3, 1988 PAGE 5 For those streets that he is recommending go to a public hearing for an overlay, Bohrer recommends that this improvement be assessed. These streets are all at least 10 years old since the last bituminous surface. Bohrer explained that when a complete overlay is needed it is no longer a maintenance function, but a reconstruction function. An example given was a new subdivision, 1 1/2 acre lots with 125 foot frontage would be assessed $500 a lot. This would vary by subdivision. Councilman Graves had no objections to sealcoating the streets that were recommended or hold a public hearing on the streets designated in green on the map. He did hesitate to proceed with a financing recommendation-. until we have the public hearing on the overlay areas. He did not want to take the $8000 out of the Patch and Overlay Fund until it has been decided how to fund this overlay. Councilman Graves asked for more information regarding this fund --how much do we normally use every year out of that fund just for patching streets, what will the impact be on the fund if this $8000 is taken out, would it be better to allocate a certain percentage of that fund towards paying for that overlay. Bohrer explained that the Patch and Overlay Fund is used to do the interim street repair between the 6 year sealcoat intervals and gave figures of the fund in past years. M/S/P Graves/Moe - to submit to Washington County the 1988 sealcoating progrm map which Larry Bohrer has defined these streets in red. (Motion carried 4-0). M/S/P Graves/Moe - to hold a public hearing on the streets colored in green which are designated for an overlay per Larry Bohrer's map and to consider the financing after a public hearing has been held on the overlay. (Motion carried 4-0). 10. Variance Appeal--Williams/Mastro Frank Mastro from Mastro Construction asked that this variance appeal be delayed until there was a full Council and he was waiting for some new information. Frank Wald respresented the Orloffs at 5071 Hilltop, objected to the variance request because this new home would be much higher than the ramblers on each side and would look out of place in this neighborhood. Also the Orloff's would no longer be able to see the lake. The Council asked that the Orloff's write their objections/comments in a letter for the May 17th Council meeting. 11. Residential Estates (Planning Commission) A sub -committee of the Planning Commission had a special workshop on Monday, May 2nd, for review of this proposed zoning district. This ( proposal will be brought before the Planning Commission at their May 9th meeting for a recommendation. LAKE ELMO CITY COUNCIL MINUTES MAY 3, 1988 PAGE 6 12. Board of Review (continuation) The City Council requested some clarification from the City Attorney as to the appropriate procedure the City should follow in conducting its Board of Review. In the City Attorney's letter dated April 25, 1988, Knaak stated that the City Council could appoint a non -Council member to sit on the Board of Review provided for in Minnesota Statutes, and a if a non-Councilmember is appointed to -the Board Of Review, the Board can act with the non -Council member as party of the majority. Because there should be a majority of the Council attending this review, the Council discussed looking for a citizen that would be interested and had expertise in appraisal or real estate values to sit on the Board of Review. Councilman Johnson felt there was some way the Council could handle this without asking the public to do it. A suggestion was made for one of the City clerks to sit on the review --they did not have to live in the City. The consensus of the Council was that sitting on the Board of Review was part of their job and would bring this up at the next meeting. 13. Charitable Gambling"Permit Request The Heart of Minnesota Great Dane Club, Inc., 8989 42nd Street N., Lake Elmo have applied for a charitable gambling permit because they proposed to have a raffle to benefit itself, the Morris Animal Foundation and the Humane Society. The City Council had no objections to this request. 14. Bid specifications for pickup truck The Council reviewed the revised bid specification for a 1988 7200 G.V.W. 4 x 4 Extended Cab Pickup and eliminated the FM radio. The Maintenance Foreman had recommended that their old truck be given to the Building Official or the Parks Department for their use. The Council felt the vehicle the Building Official has now is very appropriate. The Council would like to see the old truck, which is 6 years old, go as a trade-in so they requested that the bid include with or without a trade in value of our present truck. M/S/P Graves/Johnson - to approve the submittal of the bid specifications for a 1988 7200't .V.W. 4 x 4 Extended Cab Pickup as modified and according to our purchasing policy. (Motion carried 4-0). 15. Request from Parks Commission for ordinance prohibitting glass containers in city parks At the last Parks Commission meeting, there was discussion on the broken glass in our parks (particularly Tablyn and Pebble Parks). The Maintenance Dept. is spending a great deal of time cleaning up this fall and the Commission felt that it may be appropriate for the Council to adopt an ordinance prohibiting all glass containers from our parks. They realize that this will not be the easiest ordinance LAKE ELMO CITY COUNCIL MINUTES MAY 3, 1988 PAGE 7 to enforce as-arm-are-nbvions3y-not-ab3e- ta- en�axc2- tile-"'hb"i�bhall� beerag�-a33owecl"-ordinance, but feel that it would be somewhat of a stronger determent. If this ordinance is passed, the Commission would proceed with the placement of signs in each park which states all of the rules of the park. The staff will look into the Regional Park's policy on glass containers for the May 17th meeting. M/S/P Johnson/Graves - to direct the City staff to draft an ordinance prohibiting glass beverage containers in City parks and scheduled a public hearing for this ordinace on June 7th. (Motion carried 4-0). 16. Washington County Law Enforcement Contract The City Council reviewed the 1988 Law Enforcement Contract with Washington County. Because there was an increase of $6000, the Council asked how this would be paid out of the budget. The Council requested that Finance Director attend the next council meeting to discuss how to adjust the balance $or the remaining of the year to compensate for the extra $6000. M/S/P Graves/Moe - to authorize the mayor and city administrator to sign the Agreement for Law Enforcement Services with Washington County for 1988. (Motion carried 4-0). 17. Bonestroo/Johnston Parking Dispute David Bonestroo, 8199 N. Hill Trail claimed that Dean and Karen Johnston at 8200 N. Hill Trail were driving and parking their car within the mandatory five-foot setback from adjoining property and provided pictures showing that fact. h4RrQd in.;_therefore.,_he_ mug t_apply_fer_a_setback_f�r_this_parkittg_ar�a, Bonestroo stated that his driveway is not a parking area --it is a driveway and this driveway was grandfathered in long before Johnston built his house. Bonestroo stated these are code violations and asked the City to enforce their code and if he were to violate the code he would expect the City to enforce them. Code Enforcment Officer Jim McNamara did not feel that it was an issue that the City needed to render an opinion other than what is taking place now is in compliance with the City ordinances. Attorney Carl Blondin rendered an opinion that the City's position in this matter was defensable and did not need to get any further involved in this. Councillor's Armstrong and Graves agreed that the alleged violation was not that serious and the dispute should be conducted elsewhere. Councilman Moe suggested a privacy fence, but Bonestroo answered there were too many trees in the way. Moe measured the parking setback on the Johnston vehicle and found it to be 9 feet from the front and 10-12 feet in the back. Johnston countered with accusations of a "frustrating" six year history of petty harassment by the city and neighbors since he and his wife have come to Lake Elmo. He gave an example of a sheriff's report LAKE ELMO CITY COUNCIL MINUTES MAY 3, 1988 PAGE 8 of stating Mr. Johnston was assaulted by snow when he asked Mr. Bonestroo to stop clearing off his driveway with his snowblower because the snow was being blown into his driveway. Johnston stated that David Bonestroo has broken city code on a number of occasions himself. He was granted variances through public inquiries where Johnston had to go through public hearings for their three variance requests. Bonestroo built a deck without a building permit 2 feet from his property line. Johnston was amazed that the City was considering being part of the (parking/driving) harassment and called it a petty, hypocritical neighborhood dispute for reasons completely unknown to him. City Attorney Knaak stated that it has been the Council's recommendation that the propertyowners should settle the matter on their own rather than an enforcement issue. If during a routine police patrol, a violation is found with the parking setbacks, Mr. Johnston will be sited and the code will be enforced. Knaak strongly suggested that discussing this at a City Council meeting was not the proper forum for this kind of dispute. 18. Solid Waste Advisory Board The following nominations were made to the Solid Waste Advisory Board: Solid Waste Advisory Committee Bruce Dunn, Chairman Nancy Prince (Fox Fire) Carl and Deloras Tacke (Old Village) Mr. & Mrs. Reichow (Tablyn Park) Margaret and Gary Carlson (Tablyn Park) Dan Krawczyk (Cimarron) Dick Johnson (City Council) Councilman Graves stated that he appreciated the fact the people are concerned and want to participate. M/S/P Graves/Moe - to appoint the nominations to the Solid Waste Advisory Committee to serve as long as they wish to stay on. (Motion carried 3-0-1<Johnson>). M/S/P Moe/Graves - to adjourn the City Council meeting at 9:35 p.m. (Motion carried 4-0). 1 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 MAY 3, 1988 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: April 19, 1988 3. Claims 4. Public Inquiries 5. Landfill Committee Report 6. Downs Lake Estates - Final Plat 7. PUBLIC HEARING - Reporting Card System 8. One Percent Ordinance 9. 1988 Sealcoat Project >D Vari^ -i tlilliams/'MaGtrn -_ ------------- Break ---------------------- 11. Residential Fctates.__(-RyaWUI g Commissio_ _- _-- 12. Board of Review (continuation) 13. Charitable Gambling Permit Request 14. Bid specifications for pickup truck 15. Request from Parks Commission for ordinance prohibitting glass containers in city parks. 16. Washington County Law Enforcement Contract 17. Bonestroo/Johnston parking dispute 18. Adjourn