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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 CLAIMS Claim #95852 TKDA: Preparation for Reappointment Letter $53.16 should be withdrawn.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