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HomeMy WebLinkAbout06-18-91 CCMMINUTES APPROVED: 7-2-91 MINUTES ISSUED: 7-12-91 LAKE ELMO CITY COUNCIL MINUTES JUNE 18, 1991 Playor Johnson called the City Council meeting to order at 7:02 p.m. in the Council chambers. Present: Mayor Johnson, Hunt, Dick Johnson (arrived 7:05 p.m.), Mottaz (arrived 7:09 p.m.), Williams, City Attorney Jerry Filla, City Engineer Tom Prew and Administrator Diary Kueffner. 1. AGENDA. Add.: 4C. Contract with DPRA Disucss Agenda Item, Computer Report by CIP, before City Engineer's Report M/S/P Hunt/Williams - to approve the June 18, 1991 City Council agenda as amended. (Motion carried 3-0). 2. MINUTES: June 4, 1991 fl/S/P Hunt/Williams - to approve the June 4, 1991 City Council minutes as amended. (fiction carried 4-0). 3. CLAIMS M/S/P Dick Johnson/Hunt - to approve the June 18, 1991 Claims #94893 thru #94937 as presented. (f4otion carried 4-0). 4. REAPP REPORT Ellen Sampson, Leonard Street & Deinard, representing the City with regard to fighting the landfill in the Regional Park since January of 1988, clarified the sections amending the Waste Management Bill. Section 83: After January 1, 1992 the Metropolitan area may not send its garbage to landfills outside of the seven county area unless those landfills meet the MPCA requirements for landfills. After January 1, 1995 no landfill that doesn't meet those requirements can accept trash. Section 84: (1) Places a moratorium on the landfill siting process. (2) The office of Waste Management, the Piet Council, and the seven counties must create and report to the legislative commissioner of waste management by December 1, 1991 with an alternate siting process with the goal of finding two sites: one site for ash and a second site that would be for mixed municipal solid waste. (3) The legislative commissions of waste management has to do a study of the state wide siting process due January 1, 1992. (4) The legislative commission on waste management has to recommend to the legislature whether the siting process should be reinstated. This siting process will only restart again if the legislature makes an affirmative decision to do it. (5) The legislative commission on waste management should also work with the office of waste management, the Met Council, and the LAKE EL14O CITY COUNCIL MINUTES JUNE 18, 1991 PAGE 2 seven counties to help create this new siting process and make sure that it avoids negative impacts on aquifers. Section 8.5: Deals with the temporary development rights. The County bought temporary development rights on some of the sites and the owners may buy them back and this section sets up a scheme. (Section is not effective until August 1, 1992.) Section 86: Deals with what the Counties can use some of the levies for. Section 87: Counties can keep using the money to seal wells and to make the sites useable for other development. (Effective in 1992.) DPRA CONTRACT: REAPP recommended reinstating the DRPA contract for another year at the new rates that the Council just approved. However, ReAPP requests a separate letter be sent to DPRA by the City to stop all work until further notice. ReAPP has been assured that there will be no ongoing administration costs associated with this. If we need any information that DPRA has, they will mail it at no charge. DPRA will provide a summary report if we want it. If a line -by-line analysis of the impacts of the new rates on the remainder of the work is needed, DPRA will provide this, but there would be a charge. L1/S/P Williams/Dick Johnson - to authorize the City Administrator and Mayor to reinstate the contract with DPRA and at the same time have the city staff send a letter to DPRA telling them to stop all work until further notice. (Motion carried. 5-0). Margaret Carlson submitted to the Council a media report by Colle & McVoy. Colle & McVoy would like to stay onboard by not terminating the contract, but would do nothing until they received direct orders from the City. 5. PLANNING/LAND USE & ZONING: A. Recommendation on CUP Amendment: Linder Greenhouse Lind.er's Green.':.ouse Inc. has applied for an amendment to an existing Conditional Use Permit. The amendment to the Conditional Use Permit is to allow for the construction of 200,000 sq.ft. of greenhouses, Phase 2 of the Master Plan. Councilman Williams suggested adding a provision into the CUP that Linders will take responsibility of dust control on 15th Street. Councilman Johnson suggested the temporary structures on the property should be treated no differently than the greenhouses that are there now. These temporary structures should be included within the requested 200,000 sq.ft. of greenhouses. Mayor Johnson indicated a City can require an EIS on an application of this size. LAKE ELMO CITY COUNCIL MINUTES JUNE 18, 1991 PAGE 3 M/S/P Mottaz/Dick Johnson - to postpone consideration of Linder's Greenhouse request for a CUP amendment in order to assess the information received until the July 2, 1991 City Council meeting. (Motion carried 4-1: Hunt). B. Clean -Up Time Schedule for Hammes Property: Jim McNamara M/S/P Mottaz/Dick Johnson - to combine the first 2 phases (Phase 1: removal of all vehicles unlicensed and/or inoperable and. Phase 2: removal of all discarded and unusable tires) and extend this new phase to November 15, 1991, set a milestone of September 1, 1991 for removal of 50% of vehicles and tires and request an inventory of items that the owners would like to keep be supplied to the Building Official by July 15, 1991. (Motion carried 4-1: Dick Johnson: the extension is excessive due to the fact that he feels assistance can be obtained by the Hammes family such as services by a salvage operator to clean up the vehicles). C. Septic Ordinance Amendment: Jim McNamara At the request of Councilman Williams, Jim McNamara provided an amendment to the septic ordinance that would require all new septic tanks must have a 20" minimum dimension manhole extending to the surface. The septic tank must be pumped through the manhole access by removing the manhole cover. As part of the licensing procedures, septic pumpers will be required to follow this ordinance. The residents will also be informed of this ordinance by newsletter and the septic pumping card that is sent out. M/S/ Williams/Mottaz - to adopt Ordinance No. 8053 as printed with the exception, length of time in Item 2 should. be changed from one year to two years of adoption of said ordinance. M/S/F Dick Johnson/Dave Johnson - to amend the motion to exclude Item #2 of Ordinance 8053. (Motion failed 2-3: Hunt, Williams, Mottaz: Mottaz and Williams indicated this was a health and safety factor being this is the only way a septic tank can get a good cleaning which prevents systems having to be repaired). Attorney Filla pointed out in Section 701.040D3k there is a provision that applies to homeowners stating a manhole has to be within 12" below grade. This section would have to be amended if Ordinance 8053 is adopted. M/S/P Mottaz/Hunt - to postpone action on the motion until the July 2nd Council meeting and direct the city attorney for clarification of the discrepancey that was pointed out in Section 701.040D3k. (Motion carried 5-0).. LAKE ELMO CITY COUNCIL MINUTES JUNE 18, 1991 PAGE 4 D. Request for waiver of fees: (1) Zoning Amendment Application: Leonard & LuAnne Hanson \ Attorney Filla explained the Hansons cannot accomplish their goal unless the Council amends the Comp Plan in this area and rezones their property from RED to General Business. The Council should consider these two items before they obtain this type of application and collect the rezoning fee. The Hansons maintain they have documents to prove they already have General Business zoning for their .property. This matter of zoning is before the Court. M/S/P Williams/Mottaz - to postpone consideration of this matter and request that the City staff prepare information for the Council regarding possible settlement to this lawsuit out of court and deal with it at an executive session at the July 2nd Council fleeting. (Motion. carried 5-0). COMPUTER NEEDS: Councilman Williams reported Councilmen Hunt, Johnson and himself met with Rob Tautges and John Redpath of Voto, Tautges, & Redpath and staff to discuss the computer needs for the city office. The consensus was to purchase 3 IBM Compatible PC's with appropriate peripherals for this stage of computer upgrade. Williams contacted. PC Express who submitted a quote and additional sofjdare brought the total to $12,292.80. M/S/P Williams/Hunt - to approve the expenditures up to $12.,292.90 for computer equipment and additional software as shown in the attached. P.C. Express proposal. (Motion carried 5-0: Mottaz voted for this motion on the basis of the knowledge these three gentlemen have on computers.). 6. CITY ENGINEER'S REPORT: A. Supplemental Water Agreement with County (Continuation) Attorney Filla had been advised by Tom Prew and Doug Ryan, Washington County, that in our agreement the City has 50 days to make payment from the date of payment request. The payment request will be received on the 25th of the month. If the requests are reviewed and approved by the Council at their first meeting of the following month, and the county is advised of that, the county is set up to pay us within 30 days which gives us approx. 30 more days to pay the contractor. M/S/P Dick Johnson/Williams - to approve the contract amendment authorizing an increase in the total cost of the water system and direct the Mayor and City Administrator to sign such document. (fiction carried 5-0). LAKE ELMO CITY COUNCIL MINUTES JUNE 18, 1991 PAGE 5 B. Creation of a Surface Water Management Utility Tom Prew provided a report on North St. Paul's Financing Storm Water Projects Using a Surface Water Management Utility. The City Attorney suggested looking at the VBWD watershed sub drainage district map which shows 10 distinct areas in Lake Elmo that have peculiar water problems and to deal with subwatershed districts in terms of taxing districts. The City has not formally adopted the VBWD Plan, but a drainage plan has to be adopted by 1992. The Council indicated it would be useful to have a calculation as to how much money this type of assessment would bring if applied to the entire city. In addition to a city-wide district the City should look at sub-watetshed utility or taxing districts. Hunt suggested scheduling workshops for the second and fourth Tuesdays to discuss items at length and come back with direction to our professionals. M/S/P Hunt/Dick Johnson - to schedule a Council workshop for Tuesday, July 9th, at 7:00 p.m. with the topic of workshop being surface water management utility and other items to be determined by the Council or staff. (fiction carried 5-0). C. Uniform Street Assessment Policy Tom Prew provided a renort on different ways to create a more uniform method of assessment for street overlays and construction. (See Tom Prew's letter to City June 12, 1991). Councilmen Mottaz and Hunt met with the residents on Legion Avenue regarding the assessment for an overlay. As a result of this meeting, they recommended that nothing be done, but investigate and make a. recommendation relating to situations where there is large expanses of property on a given street with a project designated for it and, the project cost is paid for by only a small number of property owners. In other communities they assume that everyone in community benefit to some degree by keeping roads in good repair and everyone should help pay a percentage of the cost based on useage. The Auditors have suggested the City develop a uniform assessment policy. The Council should discuss options and determine which is the best way to go. The consensus of the Council was to add "Uniform Street Assessment Policy" as a workshop topic. D. 33rd Street N. & Laverne Avenue, Old Village Drainage As directed by the City Council., Tom Prew looked into the feasibility of reconstructing 33rd Street North and Laverne Avenue without doing the recommended trunk drainage improvements. LAKE ELMO CITY COUNCIL MINUTES JUNE 18, 1991 PAGE 5 i Councilman Williams indicated. he was in favor of this project and felt the project benefitted the entire City. The City should proceed with this project and look into alternate methods of financing this improvement. Mayor Johnson and Councilman Mottaz suggested. the City Engineer come up with an alternate project for a minimal solution and cost which the residents could agree to. M/S/P Williams/Mottaz - to postpone consideration of this matter. (Motion carried 5-0). E. Culvert Outlet Maintenance, Lot 2 of Berchen Shores Marilyn Benesch, a member of the association that owns Lot 2 of Berchen Shores, informed the City Engineer the association requests that the City perform maintenance on the outlet ditch between the end, of the culvert and Lake Jane. Currently the water follows an eroded channel to the Lake. If this problem is not repaired, soil will continue to erode into Lake Jane. Tom Prew recommended that a rip rap ditch be constructed for 50' past the culvert. A grass lined ditch would continue the last 100' to the lake.. The approximate cost of this maintenance is $600.00 for materials and two maintenance staff for one day. Currently, there is no easement for this outlet ditch. The City would. require that an easement be donated prior to maintenance work. M/S/P Hunt/Williams - to authorize the city staff to repair the outlet ditch between the end of the culvert and Lake Jane as outlined. in Tom Prew's letter of June 11, 1991; conditioned upon an easement to the city be attained from the owner of the property. (Motion carried 5-0). The City Attorney requested information verifying ownership. Marilyn Benesch will submit a copy of the abstract and information to the City Attorney. 7. CITY ATTORNEY'S REPORT: B. 1990 ANNUAL FIRE DEPARTMENT REPORT: Fire Chief Sachs made a formal presentation of the 1990 Annual Fire Department Report. The Council suggested projecting a date at the July 2nd Council meeting for the CIP Committee, Marilyn Banister, and officers of the Fire Dept. to discuss the Fire Department's needs and CIP. Tom Prow reported the Fire Department would like to add a hydrant to the watermain project at the Fire Station at an estimated cost of $2,000. The Council postponed a decision on adding a fire hydrant until the next meeting when they would be informed where this money would come from in the budget. 9. CITY COUNCIL REPORTS: LAKE ELMO CITY COUNCIL MINUTES JUNE 18, 1991 PAGE 7 Mayor Johnson Councilman Hunt i Councilman Johnson Councilman Mottaz Councilman Williams 10. CITY ADMINISTRATOR'S REPORT: A. Recommendation of Truck for Parks Department M/S/P Hunt/Williams - to authorize up to $8,000 for purchase of a truck for the Parks & Recreation Department. (Motion carried 5-0). B. Adopt -A -Street Information The Council will review the information, but asked about the City's risk coverage. M/S/P Hunt/Williams - to adjourn the City Council meeting at 11:00 p.m. (Motion carried 5-0). 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 JUNE 18, 1991 7:00 p.m. MEETING CONVENES 1. AGENDA 2. MINUTES: June 4, 1991 3. CLAIMS 7:15 p.m. 4. REAPP REPORT: A. Update by Ellen Sampson B. REAPP Resolutions of A-)preciation 7:45 p.m. 5. PLANNING/LAND US.F "- Zr"N :NG: A. Recommencl.ation\on CUP Amendment: .naer Greenhouse B. Clean -Up Time Schedule for Hammes Property Jim McNamara C. Septic Ordinance Amendment: Jim McNamara D. Request for waiver of fees: (1) Zoning Amendment Application: Leonard & LuAnne Hanson E. Other 6. CITY ENGINEER'S REPORT: A. Supplemental water Agreement with County (Continuation) B. Creation of a Surface water Management Utility C. Uniform Street Assessment Policy (over) 6. CTIY ENGINEER'S REPORT: (Continued) D. 33rd Street N. & Laverne Avenue Old Village Drainage E. Culvert Outlet Maintenance Lot 2 of Berchen Shores F. Other 7. CITY ATTORNEY'S REPORT: 8. 1990 ANNUAL FIRE DEPARTMENT REPORT: 9. CITY COUNCIL REPORTS: Mayor Johnson Councilman Hunt Councilman Johnson Councilman Mottaz Councilman Williams 10. CITY ADMINISTRATOR'S REPORT: A. Recommendation of Truck for Parks Department B. Adopt -A -Street Information C. Other 11. ADJOURN r