HomeMy WebLinkAbout07-02-91 CCMDATE APPROVED: 7-16-91
/.'DATE ISSUE: 8-9-91
LAKE ELMO CITY COUNCIL MINUTES
JULY 2, 1991
Mayor Johnson called the City Council meeting to order at 7:02 p.i•., in.
the Council chambers. Present: Mayor Johnson, Hunt, Dick Johnson,
Mottaz, Williams, City Engineer Prew, City Attorney Filla and.
Administrator Kueffner.
1. AGENDA
Add: 7B. Grant Township Solid Waste Ordinance, 7C. Further scheduling
of ReAPP Report; 10C. Update from Maintenance Advisory Committee,
Update on Drainage from Olson Lake Estates into Olson Lake
M/S/P Hunt/Dick Johnson - to approve the July 2, 1R91 City Council.
agenda as amended. (Motion carried 5-0).
2. MINUTES: June 18, 1991
M/S/P Williams/Hunt - to approve the June 1'3, 1991 City Council
minutes as amended,. (Motiin carried 5-0).
3. CLAIMS
M/S/P Hunt/Dick Johnson - to approve the July 2, 1.991 Claims #19AR93
thru #9a937 as presented. (Motion carried 5-0).
The Finance Director distributed a budget update and pointed out the
expenses of City Attorney, City Planner and Newsletter are overhudoet.
The Council asked that there be proper co-ordination between the City
Administrator and Planner for his attendance at the PZ Pleetinas.
M/S/P Williams/Hunt - to direct the Planning Commission to recommend a.
way to reduce the unreimbursed cost of the Planner and report hack
with recommendation for July 22nd meeting. (Motion carried 5-0).
4. PUBLIC INQUIRIES
Gloria Knoblauch asked the status and cost of the storm sewer proposal
for the Old Village area. The Citv Engineer will address this
inquiry.
Jeff Stanway, 8455 Lake Jane Trail, expressed the following concerns
on the installation of the SW-1 Water System.
1. Installation not run professionally. He was shut out two
different times and could. not get to work.
2. "Road is Closed" is not proper terminolocxy for signs.
3. OSHA has been contacted regarding no fences placed around
open ditches.
LAKE ELMO CITY COUNCIL MINUTES JULY 2, 1991 PAGE 2
4. DNR has been contacted about the erosion runnina into the
pond across from his house.
5. As a taxpayer, he should not have to pay to upgrade the road
if needed after the 1-year warranty period.
The City Engineer will give an update at the July lath Council
meeting.
Kim Quayle, 1093 Laverne Avenue N., requested. signs, "Slow, Children
Playing", on the three streets leadina into Tartan Meadows
Development. Tom Huebsch, 4285 Ivy Ct., requested one sign, "Slow,
Children Playing" for his cul.-de-sac.
M/S/P Hunt/Dick Johnson - to purchase & install n signs, "Slow, Watch
for Children" at the appropriate locations in Tartan Meadows and Ivy
Court at a cost of $37 each to be taken out of Maintenance Funds.
(Motion carried 5-0).
5. PROCLAMATION FOR HUFF N'PUFF DAYS
Mayor Johnson readthe following proclamation.
PROCLAMATION:
WHEREAS, The Lake Elmo Jaycees have been a vital part of the
development of younq leaders of our community for the past 20 years;
and
WHEREAS, This organization of young people will again be
sponsoring Huff N'Puff on August R, 9, 10 & 11, 1991.
NOW, THEREFORE, I, Dave Johnson, Mayor of Lake Elmo, do hereby
proclaim the second week of August, 1991 to be:
HUFF N'PUFF DAYS
in Lake Elmo, and urae all citizens of our community to give full
regard to the past and continuing services of. the Lake Elmo Jaycees.
6. Non -Intoxicating Malt Liquor License for Huff N'Puff Days:
Lake Elmo Jaycees
Elizabeth Johnson, Chair of the 15th Annual Huff N'Puff Days,
requested the City of Lake Elmo waive the fees for Lions and VFV
ballfields during Huff N'Puff Days, August Ath thru llth, 1991.
M/S/P Hunt/Dick Johnson - to grant a non-intoxicatinq malt liquor
licence to the Lake Elmo Jaycees for Huff N'Puff Days, August 2-11,
1991, at Lions Park to waive the license fee of $10.00 and waive the
provisions of 1203.010 of the code in connection with this event.
(Motion carried n-1: Mottaz).
LAKE ELMO CITY COUNCIL MINUTES JULY 2, 1991 PAGE 3
7. REAPP REPORT
A. Resolution of Appreciation
The Council reviewed the resolution of appreciation to REAPP for its
dedication to the fight against the siting of a landfill in the Lake
Elmo Regional Park Reserve.
MIS/ Hunt/Dick Johnson - to adopt Resolution No. 91-22, Resolution of
Appreciation to Recycle and Preserve Parks for its dedication to the
fight against the siting of a landfill in the Lake Elmo Regional Park
Reserve.
M/S/P Mottaz/Williams - to amend the first paragraph in Resolution No
91-22 to read as follows: WHEREAS, the Washington County Board of
Commissioners selected an area within the Lake Elmo Regional Park as a
candidate site for a mixed municipal solid waste landfill, and (Motion
carried 5-0).
M/S/P Hunt/Dick Johnson - to adopt Resolution No. 91-22, as amended, A
Resolution of Appreciation to Recycle and Preserve Parks for its
dedication to the fight against the siting of a landfill in the Lake
Elmo Regional Park Reserve. (Motion carried 5-0).
B. Other
Margaret Carlson informed the Council REAPP has received a letter from
Senator Gary Laidig and a telephone call from the Governor's office
thanking REAPP for their participation in helping with the bill
signing ceremony.
Councilman Williams received a copy of the Grant Township_ Solid Waste
Ordinance which regulate solid waste disposal facilities within that
township and asked the Council to review this ordinance and comment at
a later meeting. City Attorney Filla offered to review and comment on
this ordinance without cost to the City.
Councilman Williams announced. that the REAPP Report will be removed
from future Council agendas until Re.APP requests it be reinstated.
Margaret Carlson asked what the status of Ellen Sampson's role in
monitoring upcoming legislation. The Council accepted ReAPP's
recommendation (referred to 6/4/91 minutes) to retain Ellen Sampson to
monitor the progress and. content of a new landfill siting process that
is to be developed and report to the City. The City has an on -going
contract and the Administrator will work with Ellen in the interim.
Once the process has been developed the Administrator will request a
cost estimate for her (Ellen Sampson) services.
LAKE ELMO CITY COUNCIL MINUTES JULY 2, 1991 PAGE 4
8. PLANNING/LAND USE & ZONING:
A. Linder Greenhouse - CUP Expansion (Continuation)
The City Attorney researched whether this application required an
Environmental Assessment Worksheet (EAW) and/or an Environmental
Impact Statement. For the purposes of making this determination, the
Attorney assumed that the Linder Greenhouse project is a commercial
enterprise and will result in the construction of structures
containing 400,000 to 500,000 sq.ft. of gross floor space. (See Report
to City Administrator dated June 24, 1991).
M/S/P flottaz/Williams - to determine that pursuant to the wording of
the Aq Zoning regulations of the City of Lake Elmo which indicate that
the proposed use is a commercial greenhouse, and pursuant to the
application which indicates that the proposed total area is 460,000
sq.ft., the provisions of Section 4410.1000 Subpart 2 of the Rules of
the Environmental Quality Board apply and an Environmental Assessment
Worksheet is required. (Motion carried 5-0).
Rob Linder responded he would talk to his Attorney and. the State and
if everything fits within the law, he will start an EAW. However, if
there is a reason for appeal, he would appeal the City's decision.
M/S/P Mottaz/Williams - to instruct the City Administrator at the
earliest possible date to publish the notice (the City determined an
EAW is necessary from Linder Greenhouse for the construction of
expansion of greenhouses) in the Environmental Quality Board Monitor.
(Motion carried 5-0).
B. Shoreland Permit: Nancy Leighton, 3012 Lake Elmo Avenue
M/S/P Dick Johnson/Williams - to grant a Shoreland Permit to Nancy
Leighton, 3012 Lake Elmo Avenue N., for the construction of an
addition to an existing structure based on no variances are required
and the DNR had no objections to the request; contingent upon the
applicant bringing the septic system into compliance with the City
Code. (Motion carried 5-0).
C. Shoreland Permit: Dorcas Gersmeyer, 9429 Jane Road N.
Dorcas Gersmeyer, 942.9 Jane Road N., is requesting a shoreland permit
so he may construct two decks on the lakeside of his house. The decks
will not interfere with his septic system and are well away from the
side property lines.
M/S/P Hunt/Williams - to grant a Shoreland Permit to Dorcas Gersmeyer,
9429 Jane Road N., for the construction of two decks to an existing
structure based on the favorable report for this project was received
by the City Engineer, no variances are necessary, and the DNR had no
objections to the request. (Motion carried. 5-0).
LAKE ELMO CITY COUNCIL MINUTES JULY 2, 1991 PAGE 5
D. Septic Ordinance (Continuation)
This proposed ordinance was postponed from the 5/1R/91 Council meeting
and you asked the city attorney to comment on the ordinance. The
ordinance has been revised and offered for Council review.
M/S/P Mottaz/Williams - to amend the previous motion (6/I.8/97.) to
adopt Ordinance 8053 amending Section 701.040 of the Lake Elmo code
relating to pumping of septic system by removal of the manhole cover,
as presented by the City Attorney to the Council at the 7/2/91
meeting. (Motion carried 5-0).
P4/S/P Williams/Dick Johnson - to amend the motion to adopt Ordinance
8053 amending Sections 701.040(D)(3)(k)(1), 701.040(D)(�i)(c); and
adding Sections 701.040(D)(3)(k)(1)(a) and 701.040(D)(3)(k)(1)(b) to
the Lake Elmo Municipal Code relating to Septic Tanks as presented to
the Council at 7/2/91 meeting with a further amendment to the revised
wording in the last paragraph, "Any septic tank with a manhole must be
pumped thru the manhole access by removing the manhole over. Pumpinq_
is not to be done thru an inspection pipe for any septic tank which
has a manhole." (Motion carried 5-0).
The Building Official will make a list of properties which had septic
tanks installed after 1/l/84. This list will be provided, along with
a copy of Ordinance R053, to every licensed pumper in the City.
Councilman Johnson noted for the record he voted in favor of the
motion because he felt the ordinance regulation was important for new
septic tanks, but was not in favor of residents with exisiting tanks
be required to retroactively upgrade.
The Council gave Councilman Williams permission to work with the city
staff to develop a system whereby a number of homeowners can sign up
to make a group purchase of extension rings for their septic systems
so they can be purchased thru the city at a reduced rate.
9. CITY ENGINEER'S REPORT:
A. Fire Hydrant at Station #2 (Continuation)
At the June 18th meeting, the City Council tabled approval of this
item until the Finance Director could find money in the budget
($2,000) for this hydrant. The Maintenance Foreman informed the staff
the City does have an extra fire hydrant as the result of a hyrdant
that was damaged in an accident in front of Lake Elmo Oil. This
hydrant was replaced by his insurance company and the damaged hydrant
"given" to the City. The hydrant has been repaired and repainted and
would serve the purpose of providing a hydrant at Station #2..
M/S/P Dick_Johnson/Williams - to approve expenditures up to $600.00
(to be taken out of the Fire Dept's Capitol Outlay) to provide valves
and piping for a fire hydrant (currently owned by the City) at Station
#2 in conjunction with the SW1 Watermain installation. (Motion
carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES JULY 2, 1991 PAGE F
B. SW-1 Easements
Earlier this year the Council hired Bill Schwab, Penfield., Inc., to
appraise two parcels of land for which the City needed to acquire
easements for the installation of the S611 Watermain. Both of these
easement costs will be conveyed under our agreement with Washington
County.
M/S/P Hunt/Dick Johnson - to direct the City Staff to offer Irvin
Friedrich a blacktop driveway.valued at $2240 and $2760 in cash for
watermain easement across his property located at 9454 Stillwater
Blvd. N. and to direct the city attorney to prepare said easement.
(Motion carried 5-0).
M/S/P Mottaz/Dick Johnson - to offer 3M Company $1975 in cash for a
utility easement over property located at corner of Ideal Avenue and
40th St. in Oakdale and to direct the City Attorney to prepare said.
easement. (Motion carried 5-0).
C. Other
In regard to Gloria Knoblauch's inquiry, Tom Prew noted he is
currently working on an alternative for the storm water drainage
system that will be discussed at the council workshop on Tuesday, July
loth.
10. CITY COUNCIL REPORTS:
A. Mayor Johnson
Mayor Johnson received a letter from the new owner of Gene Seidow's
building inCicating he has pumped 4400 gallons from the septic system
and only used 1100 gallons of water..
M/S/P Hunt/Williams - to direct the City Staff to identify the problem
areas and investigate if these properties could connect to the City
owned 201 system. (Motion carried 5-0).
B. Councilman Lee Hunt - No Report
C. Councilman Dick Johnson
The Maintenance Advisory Committee met and voiced their concern of the
Council by-passing this Committee and authorizing an expenditure up to
$8000 for purchase of a pick-up truck for the Parks Dept. The
Committee felt this Council action defeated the purpose of the
Committee. The Committee will be able to review this purchase as it
has not been made.
In regard to the concern on the runoff from Olson Lake Estates into
Lake Olson, Councilman Johnson informed the Council that Al Dornfeld,
VBWD, is trying to set up a meeting for July loth at 2:00 p.m. The
City of Oakdale has appointed two .people from their Council to
represent Oakdale and Dick asked if the Council wished to select two
reps from Lake Elmo. Mayor Johnson volunteered to be the other rep
from Lake Elmo.
LAKE ELMO CITY COUNCIL MINUTES JULY 2, 1991 PAGE 7
D. Councilman Jess Mottaz
E. Councilman Todd Williams
11. CITY ADMINISTRATOR'S REPORT:
A. Request from David Johnson for reconsideration of
tax abatement
The City Council supported their motion of 2/5/91 recommending the
market value of 7500 Hudson Blvd (37032-3R52) be set at One Million
Four Hundred and Fifty Thousand Dollars.
B. Compost Agreement
M/S/P Dick Johnson/Hunt - to enter into an agreement with Washington
County for yard waste for 1991, as amended (Section 3e. Add: subject
to limitations contained in Minnesota Statute 466.04), and to direct
the Mayor and City Administrator to execute said. agreement. (Motion
carried 5-0).
C. Other
M/S/P Mott.':z./F,unt - to adjourn the City Council meeting at 10:10 p.m.
and convene the Executive Session. (Motion carried 5-0).
------------
Resolution No. 91-22, A Resolution of. Appreciation to Recycle and
Preserve Par:;s for its dedication to the fight against the siting of a
landfill in the Lake Elmo Regional Park Reserve.
Ordinance 8053 amending sections 701.040(D) of the Lake Elmo Municipal
code relating to septic tanks
PROCLA-M(;TI -N
WHEREAS: The _ake Elmo Jaycees have been a vI tal part of the
de e 1 opment of-1voung 1 eaders of our commun i ty for the past 20
•e a = : an d
WHEREAS : Th i s organ i z a t i on of oun-. peon 1 e w i l l af-aai n be _ponsc_r i ng
Huff n' Puff on August 3, 9, 113 & 1I, 1991.
NOW, THEREFORE, I, Gave Johnson, Mayor of Lake E1Mo, do hereby procI -a.im
the second week of AuQust 1991 to be:
H U F F N' P U F F D A 'Y S
i n Lake Ei mo, and urge a1 1 c i t i zens of our commun i tY to gi ve fi11 1 re,]ard
to the ,a=t and _on C i nu i nQ services :t the Lake Elmo .Jaycee=.
Sinned this 2nd
day ,pt JUL"
�� ',
Mayor - C i of Lake E1 ►o DAVID JOHNSON
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 meetinc!s. 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
IR�.1_�aJ��k[�ZN1�4fi'ZK�III�[N ill
JULY 2, 1991
7:00 p.m. MEETING CONVENES
1. AGENDA
2. MINUTES: June 3.8, 1991
3. CLAIMS
4. PUBLIC INQUIRIES
5. PROCLAMA.TION FOR HUFF N'PUFF DAYS
6. Non-Intoxicatinq Malt Liquor License f.or
Huff N'Puff Days: Lake Elmo Jaycees
7. REAPP REPORT
A. Resolutions of Appreciation
B. Other
8. PLANNING/LA7T) UST, &
A. Linder Greenhouse - CUP Expansion (Continuation)
B. Shoreland. Permit: Nancy Leighton
3012 Lake Elmo Avenue
C. Shorela.nd Pemit: Dorcas Gersmeyer
9429 Jane Road. N.
D. Septic Ordinance (Continuation)
E. Other (Over)
9.
CITY ENGINEER'S REPORT:
i �1
A. Fire Hydrant at Station #2 (Continuation)
R. SW-1 Easements
C. Other
10.
CITY COUNCIL REPORTS:
A. Mayor Johnson
B. Councilman Lee Hunt
C. Councilman Dick Johnson
D. Councilman Jess Mottaz
E. Councilman Todd Williams
11.
CITY ADMINISTRATOR'S REPORT:
A. Request from David Johnson for reconsideration
of tax abatement.
B. Compost Agreement
C. Other
12.
ADJOURN
13.
CONVENE EXECUTIVE SESSION:
A. Discussion on Leonard. and LuAnn Hanson
Litigation
14.
ADJOURN