HomeMy WebLinkAbout02-18-92 CCMSEPTIC SYSTEM MAINTENANCE
INFORMATIONAL MEET ING
February 18, 1992
6:00 p.m.
Dave Gustafson, the on -site sewage treatment
specialist with the Agricultural Engineering
Department at the University of Minnesota will make
a presentation to the public on the importance of
proper maintenance of septic systems.
MINUTES APPROVED: 3-2-92
MINUTES ISSUED: 3-13-92
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 18, 1992
Mayor Johnson called the City Council meeting to order at
7:15 p.m. in the Council chambers. Present: Mayor Johnson,
Hunt, Dick Johnson, Mottaz, Williams, City Attorney Filla,
City Engineer Prew and Administrator Kueffner.
1. AGENDA
Add: 7C. Joe Rogers' property, 9C. Cover sheet provided for
Maintenance Dept. request for Brother's Computer, 9D.
Request by Lake Elmo Jaycees for "On -Sale" retail liquor
license.
M/S/P Williams/Hunt - to approve the February 18, 1992 City
Council agenda. (Motion carried 5-0).
2. MINUTES: February 4, 1992
M/S/P Hunt/Dick Johnson - to approve the February 4, 1992
City Council minutes as presented. (Motion carried 5-0).
3. CLAIMS
Claim #95852 TKDA: Preparation for Reappointment Letter
$53.16 should be withdrawn.
M/S/P Williams/Hunt - to approve the February 18, 1992
Claims #95824 thru $95888 as presented with a noted
reduction of $53.16 for Claim #95852. (Motion carried 5-0).
4. OLD BUSINESS:
A. Compost Site
At a recent workshop, the Council discussed the feasibility
of running the compost site ourselves now that we have lost
our County subsidy. The Council asked that the
Administrator put together some figures as to how many
people used the site. This information was provided in the
cover sheet along with a cost estimate for running the
compost site for one year.
Because we are cooperating with Pine Springs and Grant
Township with the recycling pickup, Councilman Williams
asked if we should not solicit their participation in this.
Administrator Kueffner explained this will be presented at
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 1992 2
the annual joint meeting between the SWAC's communities
which is scheduled for the first Monday in March.
Since the Council agreed in principle with this program,
Councilman Johnson suggested putting together a Resolution
for Council review.
M/S/P Dick Johnson/Williams - to direct the City
Administrator to develop a Resolution for a Compost Program
for Council Review and to proceed with the mechanics of such
a program beginning with negotiations with outside parties
on the compost program, setting up purchase of stickers (two
colors), and to proceed on the basis that we will have a
composting program at a charge of $10 for Lake Elmo
residents and $15 for non -Lake Elmo residents, with Lake
Elmo residents having the additional privilege to
participate in Lake Elmo Clean Up days with this sticker.
(Motion carried 5-0).
B. "Landfill Park" Conversion
The City was notified sometime back that "Landfill Park" was
not being used for public outdoor recreation as proposed in
the grant it applied for and was granted in 1978 through the
Federal Land and Water Conservation Fund (LAWCON) Program.
The total amount of funds that the city received from LAWCON
was $8,280.00 which was 40% of the total cost of $20,700.00
to improve Pebble Park, Landfill Park, DeMontreville Park
and Sunfish Lake Park.
Councilman Mottaz asked if the City has presented any
official stand or argument that might save us a $5,000
appraisal or other land to replace this. He felt it was
worth asking our Attorney if there is some way we can argue
this for less than $5,000. Attorney Filla answered that the
argument would be because of the condition of the site it is
not safe to use for that purpose and therefore it cannot be
exempt. '
M/S/P Williams/Dick Johnson - to direct the City
Administrator to obtain at least three quotes for appraisals
of the Landfill Park Property and the Stonegate property.
(Motion carried 5-0).
C. Staff Cost of Living Increase
Based on the figures provided in the End -Of -Year Financial
Report by the Finance Director the money was available, and
on the basis there are fewer employees per capita than
cities this size and on the average employees get paid less
than other cities of corresponding sizes, Councilman Mottaz
made the following motion:
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 1992 3
MIS/ Mottaz/Mayor Johnson - to grant a 3% cost -of living pay
increase to all of the city employees retroactive to January
1, 1992
Councilman Williams explained he believes the employees
deserve a raise, however, feels a straight cost of living
raise is not appropriate. He felt it should be a
combination of a cost -of -living raise and a merit related
raise.
MIS/ Williams/Hunt - to amend the motion to grant a 2% cost
of living pay increase to all city employees retroactive to
January 1, 1992, and up to a 3% merit increase effective
upon completion of performance appraisals by our city
administrator, and further, that the Council shall meet as a
whole as the personnel committee to review the appraisals
and approve the increases.
Dick Johnson suggested an amendment to the motion to include
the Council acting as a personnel committee should also do a
merit review on the city administrator.
Discussion followed:
Dick Johnson: I called the Research Dept. of the League
of MN Cities to assist me on salary ranges for comparable
positions for comparable size cities. There is a service
available from the league to assist in setting up
evaluations. The survey done on the current staff salaries
indicated that this city is in the range in all categories
with other cities. In some cases female positions are in
the bottom of the range. In case of the Building Inspector
and the Maintenance Supervisor, they were well within the
range.
Mottaz: I think it is interesting that you stated it was
the female employees that were at the bottom of the scale. I
think a goal would be to bring that up to equal. I don't
think we should cut back on the cost of living increases
because we are going to evaluate the employees and give them
a merit increase because you are doing a good job. I don't
think a 3% cost of living increase is hardly even fair, much
less generous; therefore, amended the motion as followed:
M/S/F Mottaz/Mayor Johnson - to amend the motion to grant a
3% cost of living increase and proceed with the merit
process allowing up to an additional 3%. (Motion failed: 2-
3: Hunt: I think that a merit increase is a very important
part of a persons development and would like to give the
ability for a good performance to bring them up to at least
the cost of living. All too often people in jobs that get
cost of living raises count on it year after year and they
lose the work incentive. In today's dwindling budget, we are
not able to give an actual cost of living and a merit
increase, Dick Johnson, Williams:we should not be aiming to
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 1992 4
equal or exceed the total rate of inflation with our
increases. we have to worry about what the budget says. A 6%
increase would be $21,060, 5% increase $17,550.)
MIS/ Williams/Hunt - to grant a 2% Cost of Living increase
effective January 1, 1992 with up to a 3% merit increase
effective upon completion of performance appraisals and the
council shall meet as a personnel committee of the whole to
review the performance appraisals and approve the increases
and at the same time the city council will also review the
performance of the city administrator.
M/S/P Mayor Johnson/Hunt - to amend the motion to include
having the city administrator propose a merit evaluation
procedure for the Council's review and approval before
application. (Motion carried 5-0).
M/S/P Williams/Hunt - to grant a 2% cost -of -living increase
effective January 1, 1992 with up to a 3% merit increase
effective upon completion of performance appraisals and the
council shall meet as a personnel committee of the whole to
review the performance appraisals and approve the increases,
and at the same time the Council will review the performance
of the city administrator; and the city administrator is
directed to propose a merit evaluation procedure for the
Council's review and approval before application. (Motion
carried 3-2: Mayor Johnson, Mottaz: I think that the merit
increase should also be retroactive to January 1, 1992).
5. PLANNING/LAND USE & ZONING•
A. Recommendation from PZ on applying for grant funds
for surface and ground water study.
M/S/P Mottaz/Hunt the city council supports E&A
Environmental Consultants and its efforts to secure grant
monies for the purpose of preparing a surface and ground
water study for the region within and affecting Lake Elmo.
We support the concept of such a study, however, we realize
that many specifics need to be addressed. (Motion carried 5-
0).
Dick Johnson noted he didn't have any problem getting state
monies to secure information which decisions can be based
upon, but should check with the watershed district first and
try to coordinate something with them.
Administrator Kueffner indicated the overall proposal is
good, but there are many unknowns and more information is
needed. She was told the application would have to come
through the County.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 1992 5
The City Administrator will write a letter to Paul Brandt,
E&A, indicating at this time the Council supports the
concept.
B. Request from PZ for attorney opinion of rezoning
property South of 10th Street
The City Council supported the Planning Commission's request
for the City Attorney's opinion on rezoning property south
of 10th Street.
M/S/P Williams/Hunt - to amend the agenda to discuss Item 7B
Surface Water Utility Fund Ordinance at this time. (Motion
carried 5-0).
6. CITY ENGINEER'S REPORT:
The Council received a copy of a Surface Water Utility
Ordinance from the City of Shoreview.
Attorney Filla pointed out there is a big difference on
types of communities, Shoreview versus Lake Elmo, Lake Elmo
has a large amount of Agricultural land which the City
Engineer has to give some input as to how effective this
would be in raising revenues and has to analyze the property
type and drainage characteristics of land within the city.
Councilman Williams asked that the City Engineer makes sure
the ordinance defines how the numbers in the Utility Factor
Chart and Runoff Index Chart relate to each other.
Councilman Johnson voiced his concern on creating another
tax to people that still want to farm in this community or
conduct an agricultural business even though they may
contribute to a certain degree of runoff.
M/S/P Williams/Mottaz - to direct the city staff to prepare
a draft Surface Water Utility Ordinance. (Motion carried 5-
0).
In the classifications for #4 and #5 which include
apartments, industrial, office, business, commercial,
Councilman Williams asked the engineer to consider relating
the utility factor to the city's regulations regarding
percentage of impervious coverage relating to lot size.
Tom Prew asked if we needed a Surface Water Management Plan
in place before we adopt an utility ordinance? Attorney
Filla indicated there was a plan in place, which is Valley
Branch Watershed's plan, unless it was changed by the City.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 1992 6
Dick Johnson explained there are three watershed districts
in the City. His recollection was the City adopted the
Valley Branch Watershed Plan as the City's plan.
A memo addressing the status of the City's watershed plan
will be submitted in the next packet.
Attorney Filla added that a plan has to be in place before
the City undertakes any improvements to be funded by this
source.
M/S/P Dick Johnson/Williams - to direct the City
Administrator to review with the Chairman of the VBWD what
our requirements are for a Surface Water Management Plan and
report back at the next council meeting with what those
requirements are. (Motion carried 5-0).
7. CITY ATTORNEY'S REPORT:
A. Letter regarding Hammes Mining C.U.P.
Attorney Filla provided a list of options for enforcing its
regulations on the Hammes Mining Site.
Filla suggested an inventory be done of what is there and
where it is located as of a certain date. This could be
used as a base to start from so you can identify what has to
be done and what law you would need in order to accomplish
the Council's goal. There may be cases where it's not a
hazard, but simply exterior storage which could be resolved
by enforcing the city ordinances.
Dick Johnson suggested asking the court to appoint a referee
to determine which should be cleaned up and what shouldn't.
There is always the argument of equipment required for the
mining operation which gets extended to almost anything on
the property.
M/S/P Williams/Hunt - to direct the City Administrator to
write a letter to the Hammes explaining the April inspection
(by the City Council) must show dramatic progress toward
clean up of the property, including the property on the west
side of County Road 19, and if the April inspection does not
show sufficient clean-up progress has been done, then the
City intends to implement action in accordance to options
#3, #4, and #5 listed in the City Attorney's report.
(Motion carried 5-0).
B. Joe Rogers Property
Attorney Filla reported he received telephone calls from Tom
Radio, Joe Rogers' attorney, and from the attorney
representing the MN League of Cities Insurance Trust, who is
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 1992 7
defending the city in part of this case, hoping there was a
way this case could be resolved.
Attorney Radio felt because of the location of the site no
one will develop it for RR and felt some type of commercial
use would be appropriate. Filla explained no commercial use
can be undertaken without a rezoning.
Filla added that the General Business zoning, that we now
have, allows a wider range of options than may be acceptable
to the city. Consequently, even if the city wanted to
accommodate the property owner, we don't have a zoning
district that would allow us to do that.
Councilman Hunt noted there are no more exits allowed onto
the state highway. Due to the logistics of that location
and with increased traffic going in and out of that site
would impose an extreme hazard. The best thing would be a
moderate density such as residential estate density because
he was not willing to put the travelling public at risk by
having large commercial vehicles turning in and out.
If RE was reasonable in that area, Mayor Johnson indicated
we would have to come up with special arrangements because
the parcel is less than 20 acres. The Limited Business
zoning district may be applicable to areas such as this and
wished we had some options under this District that we could
tie into.
Filla recommended the city not rezone this property Limited
Business, if this is what the city wants, until we have the
regulations to go along with this zoning.
Because of the boundary of the railroad and that being a
narrow strip between the railroad and the highway,
Councilman Johnson didn't want a commercial strip
development as in Oak Park Heights which created a most
hazardous set of highway conditions. He voted in favor of
denial because of the safety aspect of trucks pulling in and
out at the proposed entrance of intersection Hwy 5 and
Stillwater road and the railroad overpass. At that time the
council was willing to consider reasonable commercial uses
other than rural residential development, but we still have
the safety concern on egress to the property. Could
arrangements be done with the Animal Inn or would the state
allow some other entrance onto Hwy 5?
Councilman Williams asked the following questions: Could
the City condemn part of the Animal Inn property in order to
provide access to Mr. Rogers' property? Would it make a
difference if there was a single office building or 4 or 5
housing units? Filla answered he was not prepared to answer
this now, but didn't think it would make a difference.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 1992 8
Councilman Mottaz asked if the city constructed a road on
the Rogers' property, could the Animal Inn be required to
use that rather than the access they have now? Filla
responded that depended upon the position of the state of MN
on one access available to serve all of that property. If
you could couple this with a turn lane on Hwy 5 to deal with
traffic safety which is beneficial to the Animal Inn and
this property, this would be close to public purpose.
The Council expressed interest in moving toward other uses
for the Joe Rogers' property and identified some concerns
such as access. The Council felt there is a possibility that
the access could be handled with the co-operation of the
Animal Inn.
8. CITY COUNCIL REPORTS: None
9. CITY ADMINISTRATOR'S REPORT:
A. Police Contract for 1992
The City received a contract for police services from
Washington County for 1992 in the amount of $102,823.21
which is 680 of the full cost of providing the service.
M/S/P Dick Johnson/Williams - to accept the police contract
for 1992 with Washington County in the amount of $102,823.21
and direct the mayor and city administrator to sign the
contract. (Motion carried 5-0).
B. Letter of Support - Ramsey/Washington Suburban Cable
The City received a letter from Moss & Barnett regarding the
proposed "Cable Consumer Protection Act of 1991". The
purpose of this legislation is to encourage competition in
the cable industry. Both of our local representatives from
the Ramsey/Washington Suburban Cable Commission support this
legislation.
M/S/P Mayor Johnson/Hunt - to direct the City Administrator
to draft a letter to Congressman Sikorski in support of the
Cable Consumer Protection Act of 1991. (Motion carried 5-
0).
C. Brother's Computer for Maintenance Dept.
The Maintenance Dept. has requested approval to purchase a
Model #75 Brother's Word Processor in the amount of $255.00.
The maintenance foreman feels it would assist his department
in keeping better and more accurate records.
M/S/P Mottaz/Williams - to approve the purchase by the
Maintenance Department for a Brothers Word Processor #75 at
a cost of $255. (Motion carried 4-1: Dick Johnson: This
purchase should be reviewed by the MAC).
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 1992 9
D. Liquor License by the Lake Elmo Jaycees
M/S/P Hunt/Dick Johnson - to grant a retail "on -sale" liquor
license to the Lake Elmo Jaycees for "Elmo on Ice" held on
February 21st at Lions Park; contingent upon the approval by
the Washington County Sheriff's Dept. (Motion carried 5-0:
Williams asked that the City Administrator inform the
Jaycees that in the future he will not vote in favor of a
liquor license if there is not advance notice).
M/S/P Mottaz/Hunt - to adjourn the City Council meeting at
9:55 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
FEBRUARY 18, 1992
***6:00 p.m. SEPTIC SYSTEM MAINTENANCE INFORMATIONAL MEETING***
7:00 P.M. MEETING CONVENES
1. AGENDA
2. MINUTES: February 4, 1992
3. CLAIMS
7:15 p.m. 4. OLD BUSINESS:
A. Compost Site
B. "Landfill Park" Conversion
C. Staff Cost of Living Increase
5. PLANNING/LAND USE & ZONING:
A. Recommendation from PZ on applying for
grant funds for surface and ground
water study.
B. Request from PZ for attorney opinion
of rezoning property South of 10th
Street.
C. Other
6. CITY ENGINEER'S REPORT:
7. CITY ATTORNEY'S REPORT:
A. Letter regarding Hammes Mining C.U.P.
B. Surface Water Utility Fund Ordinance
i' 8. CITY COUNCIL REPORTS:
Mayor Johnson
Councilman Hunt
Councilman Johnson
Councilman Mottaz
Councilman Williams
9. CITY ADMINISTRATOR'S REPORT•
A. Police Contract for 1992
B. Letter of Support - Ramsey/Washington
Suburban Cable
C. Brother's Computer for Maintenance Dept.
10. ADJOURN