HomeMy WebLinkAbout04-20-76 CCMCITY OF LAKE FLMO
APRIL CALENDAR 1976
Council Meeting ---- Tues. May 4, 1976 -- City Hall
Public Hearing—
Waste Control Comm., on
Development Program
for yr.1977-1981---- Thurs., May 6, 1976-- Council Chambers --
at 1.30 p.m. Metro Square Bldg.
St. Paul, Minn.
Public Hearing—
Minn. Energy Agency-Mon.,May 10, 1976
at 16:60 a.m.
Planning -Zoning
Commission ----Tues., May 11,1976
23 State Office Pida.
qt. Capitol Complex
Wabasha St.;St: Paul
City Hall
Park Study Comm.--- We&.,
May
12,
1976
City
Hall
Jaycees
--- Thurs.
May
6,
1976
City
Hall
VDPZH
--- Thurs.
May
13,1976
City
Hall
City Council
--- Tues.,
May
18,
1976
City
Hall
Plash. Cty.
Immunization
clinic --Wed.,
May
19,
1976
City
Hall.
8:30a.m.-1.2:00
noon
Jaycees
---Thurs.,
May
20,
1976
city
Hall
Planning -Toning
Commission
---nonday,
May
24,
1976
City
Hall
VBWS
---Thurs.,
May
27,
1976
City
Hall
Park Study
Commission
---Wed.,
May
26,
1976
City
Hall
AGENDA --CITY CnUNCIL
City of Lake Flmo, Minn. 55042
MEETING TO BF HELD TUFSDAY, APP.II, 20, 1.976.
5:00 P.M. -- Meeting convenes.
Barbara Senness
David Licht------rJidV7est Planning
Review PZC recommended response to
Metro Council regar_dina Comprehensive
Plan revisions.
Planner Services
5:30 P.M. -- Park Study Committee
6:00-6:30 P.M. -- Items for discussion:
Correspondence
Payment of bills
Reauest by metro Council to
extend time for Plan Review--D. Raleiah
Fencing for Sunfish Lake Park-L.Shervheim
Assessments concerning Wone sewer.
assessments.
6 : 30-7 : 30P . "% --Dinner_ Hour --Pen' s I?lmo Inn
7.30 P.M. -- Meeting reconvenes
Park _Awards
8:00 P.M. -- Public Hearing on Improvements
(Interim emeraencv numnina)
LATE ADDITIONS TO AGENDA-- recruested by J. Mueller, P1dg.INspector
6:00 P.M...-- include Mrs. �'-'_nger--9161 Jane Road Nn.
Variance --relating to moving house in flood area
7:3e P.M.-- ?,7m. III elmaren--1.0899-32nd. Gt. No. --Variance for
building permit to construct garage at above address/
Confirmation of Clean -Up Days: Citv Fall --April 24, 1976
Pebble Park --May 8, 1976
Items to think about: Voter precincts for 1976 election.
MINUTES OF THE LAKE ELMO CITY COUNCIL MEETING APRIL 20, 1976 na.l
Meeting called to order at 5:00 pm by Mayor Fder.
Present:Mayor Eder, Councilmen Abercrombie and Shervheim and Councilwoman
Lyons.
Absent: Councilman Pott.
Also Present:Buildina_ Inspector Mueller, Counsel Raleigh, Enaineer Noves
and Planners Licht & Senness.
Demontreville Highlands:Planner Seness advised that no FIS was .required
per letter from the Minnesota Depart?gent of Natural Resources.
Physical Development Committee:Metropolitan Council:Aaenda of April 22,
1976 meeting showed a. number of items of vital interest to the
City of Lake Elmo. Counsel Raleigh advi.seci that he nlanned to
attend. "".eetinc7 at 1:30 Metro Council Chambers.
Lake Elmo Comprehensive Plan : "lotion by Mayor Eder second by Councilman
Shervheim that a letter_ he sent to the Metro Council reaa_rdi.ng the
Lake Flmo Comprehensive Plan Preliminary Review - 'File 3306.
Carried 4-0.
Planner. Services: Technical Assistance - "'lotion by Councilman Abercrombie
second by Councilman Shervheim to extend the. contract with r4id-
west Planting thru 1976on a retainer fee of $600/month. The
written contract to clearly define the extent W. full scope of
the wort: to be covered. Carried 4-0. Councilman Pott absent.
motion by Councilman Abercrombie second. by Councilman Gher_vhtin
for planner to start immediately to take action on zoninc7, nt?T),
etc_—r_elativfl to legal an-d p_1_ann_i�nr phases on. a. time basis_-ith _
cost for completion not to exceed 57,500. A written agreement
must be submitted covering the full scope of what will he covered..
Carried 4-0.
Part: Advisory Board:Clerk advised that city has finally been successful
in receiving bids for Advance Refunding of the Park Ponds.
Bid 1 First National Pank of St. Paul 6.n83q°.
First national Bank of Minneapolis
State Pank of Lal_e rlmo
Bid 2 Allison --Williams 5.Qr7,
Dain-Kalman and nuail.
Councilman Abercrombie offered resolution R76-3 authorizing the.
sale of Advance Refunding Ponds to Allison-Tilliams and. Dain
Kalman and nuailInc. at a net interest rate of 5.9573%. Carried 4-0.
Juran & Moody, Fiscal Agents for the city advised that the sale
of the Advance Refunding Bonds will save the citizens of. Lake
Flmo $120,000 over the 20 vears of the bond issue.
Ed 'Neilsen advised that he had obtained bids for the fencing
required in the nark area. Total is approximately 6,820 feet. Lori
bid was from South St. Paul Feeds, Inc. at $3,168.89. Because of
impending price increase Councilman Shervheim gave Park Committee
authority to purchase the materials.
Potion by Councilman Shervheim second by Councilman Abercrombie
to ratify action taken awarding bid to low hid.der at $3,16P.69
subject to slight adjustment for variation in the actual amount
used. Carried 4-0.
MINUTES OF TIIE LAKE FTaP'ro CITY COUT.ICIL MEFTINr, APPLY_, 20, 1976 pa. 2.
Park Advisory Beard:Diane Trudeau showed plans for lan_dscanina the
entrance to the park area. Fstimat-ed cost !2,500.
Motion by Councilma_a Thercromhie Second by Councilman Fhervheim
to approve landscaping proposal at a cost of 1`2.,500. Carried 4-0.
The 682nd Ena. Battalion plans to return for additional trainina
at Pebble Park the weekend of ray 1-2.
Motion by Councilman Shervheim second by Councilwoman Lyons auth-_
orizina mayor and clerk to enter into the necessary contract
with the 6R2nd Ena. Battalion for the, Mav 1-2 tr_ai.nina session.
Carried 4-n.
Committee advised that they had checked into installation of
baseball field including black dirt, sod, base lines and seedina
for proposed, football f_ield.. Fstimated cost $R,000. Counsel
advised that sincethe amount was over 55,000 formal publication
of bids was required.
Motion by Councilman Shervheim second by Councilwoman Lyons
approving pr_oceedina with development n__lans for basehal.l-foot
hell athletic field and suhT^itting for bids. Also council
went on record commending Park Advisory Poardfor the efforts
they have put forth. Carried 4-0.
Councilman Shervheim presented Resolution R76-10 authori-ina
Counsel to file application for grant with Minnesota Office of
Local & Urban Affairs to cover part of the cost of purchasina
Demontreville Park. Second by Councilman l\hercrombi_e. Carried 4-0.
Councilman Abercrombie offered Resolution R76-10A authorizi.na
mavor to file five year park plan with the *linnesota Office of
Local & Urban Affairs. Second by Councilman Shervheim. Carriers 4-0.
Entrance to park will have to be resta};ed. because it was not
done properly last year.
Motion by Councilman Abercr_omhie second by Councilwoman Lyons
directing that necessary excavating be completed as soon as
possible so landscaping previously approved can he orderers.
Carried 4-0.
Counsel Raleigh directed to draft letter to A. Reed relative
to possible purchase of property - suacTestin`t that since mart
of property is being tresnassed on now it might he well to
proceedwith plans now so she can have plans c?esigneO to her
liking.
Singer Variance -Mr. & Mrs . Singer 91.61. Jane Road North rectuestecd a
variance to move their septic system anrd house on their rne-
ent lot to cope with the present flood problems.
Motion l-v Councilman Abercrombie second by Coi.incil.man Phervheim
approving variance to place septic system within 5 feet of the
front and side lot lines and also move the house within 12 ft.
of the front property line and with basement at 9A2 level.
subject to concurrence of the neighhor_s in writina and con-
firmation by the PZC. Carrier! 4-0.
MINUTES OF THE LAKE ELMO CITY COUNCIL MEETING APRIL 20 1976 pg.3
Meeting recessed at 6:30 for supper; reconvened at 7:30 pm.
William Hjelmgren Variance: 10899 32nd St. N. John Mueller asked council to consider
a variance to place garage on street side. Presently most homes in area
have garages along the street.
Motion by Councilman Shervheim second by Councilwoman Lyons to approve
variance subject to confirmation of PZC and written permission from
adjacent property owners. Carried 4-0.
Flood Control Assessment:Motion by Mayor Eder second by Councilman Shervheim to
accept the recommendation of the Assessment Committee except to increase
amount. of assessment to $28,000 and modify the weighting procedure so that
homes on Lake Jane -and Ponds below 928 elevation use a factor of six
rather than four. The assessment hearing should be scheduled for 5/18/76.
Meeting recessed at 5:10 pm to go to Lake Elmo Elementary School for hegrixig
on pumping project. Council meeting to be reconvened at 6:00 PM April 21,1976.
See separate report for minutes of hearing.
Mayor Eder reconvened the city council meeting of April 20, 1976 which had been re—
cessed until 6:00 pm on April 21, 1976.
Present:Mayor Eder, Councilmen Abercrombie and Shervheim and Councilwoman Lyons.
Absent: Councilman Pott. Also present:Counsel Raleigh & Engineer Noyes.
Claims: Motion by Councilman Abercrombie second by Councilman Shervheim to approve
payment of claims 76165 thru 76229. Carried 4-0.
Minutes: Motion by Councilman Abercrombie second by Councilman Shervheim to approve
minutes of the council meeting of March 16, 1976 as submitted. Carried 4-0.
Motion by Mayor Eder second by Councilwoman Lyons to approve the minutes
of the April 1, 1976 Special Meeting of the city council as submitted.
carried 4-0.
Communications and special items:
Clean—up Days:Trash boxes will be located at the Lake Elmo Fire Department Parking
Lot on Saturday April 24, 1976 from 8:00 am thru 12:00 noon. Equipment
will be at Pebble Park on Saturday May g, 1976 from 8:00 am thru noon.
Wone Sewer:Council reviewed, at the request of the auditor, the Wone Assessment. City
counsel and Mr. Maynard Wood of Ernst and Ernst agreed that the city can
continue to assess for the full term of the original assessment.
Planner: Motion by Councilman Shervheim second by Councilman Abercrombie that clerk
send formal notification to new planners, who were approached, advising
them that the City of Lake Elmo has satisfied its planner needs for 1976
and are not soliciting new planners. Carried 4-0.
Board of Review:Notification from Washington County Assessor that the Lake Elmo Board
of Review will meet in the Lake Elmo City Hall on Friday May 21, 1976 from
9:00 am to 3:00 pmfor the purpose of reviewing and correcting assessments
of real estate for the year 1976.
Flood Control:Counsel and Engineer instructed to solicit whatever aid may be available
to assist Flood Control Project.
MINUTES OF THE LAKE EIM0 CITY COUNCIL MEETING APRIL 20, 1976 pg.4
Recess: Motion by Councilman Abercrombie second by Councilman Shervheim to re—
cess council meeting at 7:40 pm and reconvene on Friday April 23, 1976
at 5:30 pm to make a final determination on flood control action.
Carried 4-0.
Meeting reconvened on April 23, 1976 at 5:30 pm by Mayor Eder.
Present: Mayor Eder, Councilmen Abercrombie and Shervheim and Councilwoman Lyons.
Absent: Councilman Pott. Also present:Counsel Raleigh & Engineer Noyes.
Flood Control:City counsel explained the draft of resolutions he was instructed to
prepare on April 21, 1976. Draft called for 150 acre feet to be pumped.
Mr. Armstrong, counsel for three residents on Sunfish Lake, advised that
his clients deemed this too risky and would only approve 75 acre feet.
Counsel Raleigh advised that the DNR estimated flood level of Sunfish
Lake was 895.5. If we proceed per draft we could face a law suit.
Council has to weigh the decision. Engineer Noyes stated that 370 acre
feet raised the level of Sunfish 1.41. If full amount had gone direct
to Sunfish the increase would have been 7t. Owner E. Beaubien maintains
lake rose 34". Mr. Armstrong claimed his clients can only tolerate a
6" additional rise.
Flood Control:Councilman Abercrombie presented Resolution R76-11 A Resolution Order—
ing Improvements — Surface Water Control Project II (1976) andResolution
R76-12 A Resolution Relating to Planning for Temporary and Permanent
Flood Water Control in the City of Lake Elmo and requested council to
approve.Second by Councilman Shervheim. A poll of the council showed
all in favor none against. Resolutions passes 4-0. Ctman Pott absent.
Motion by Councilman Shervheim second by Councilman Abercrombie that
Engineer Noyes be appointed the coordinator of the project and that
pumping proceed as quickly as possible. Carried 4-0.
Adjournment: Motion by Councilman Abercrombie second by Councilman Shervheim that
meeting be adjourned at 6:40 pm. Carried 4-0.
HEARING ON PRPOSED 1976 PUMPING APRIL 20, 1976 pg.l
Mayor Eder opened the hearing at 8:15 pm.
Tom Noyes, Engineer from Bonestroo and Associates explained the scope of the
project. Advised that total anticipated cost of the complete project was $38,000.
There are several alternatives however some are more feasible and available to us
than others.
Mayor opened meeting to a question and answer period. Who is going to be spec—
ifically benefited by this pumping? This is a determination that has to be made.
Does the $38,000 include the salaries of the city employees: Yes. Since Legion
is connected to Lake Elmo why are you going to pump Legion Pond? Engineer advised
it was included so the cost sould be covered by assessment if we did end up
pumping Legion Pond. Asked engineer what plan he would recommend. Engineer ex—
plainedthe options but no clear cut recommendation. Where is Legion Pond? Location
defined. How many homes are flooded, and how many would be flooded? Engineer
referred to the report on Interim Flood Project and gave detail.What is the level
of the lakes? Engineer reported on readings as of April 16, 1976. How much did you
lower the lakes in 1975 by pumping? Removed 378 acre feet which amounts to 2.3'
of water but water continued to run into lake and did not allow for this amount.
Is 1976 an emergency year? This year the city has more information and engineer
would not call it an emergency. What do you propose level of Lake Jane to be?
Possible removal of 600 acre feet. Is this the last year of pumping? VBWD advises
this could be with us for a number of years. What about floodproofing? Cost
information seems to vary. Does the cost of floodproofing include the cost of
changing sanitary systems at each home? Negative. Presently do not meet code and'
would have to be maved anyway —owner problem.
Mayor advised that question and answer period was over and he would allow each of
the people who signed up to speak for 2 minutes to make their presentation.
1.Tom Keller -r Submitted petition signed by approximately 400 residents opposing
any assessment for pumping. He supported the petition with additional comments
against pumping. Inferred that if any assessment made against him as a benefited
property owner we would have a date with him in district court.
2.Thomas Arstrong — Represented himself and 3 residents on Sunfish Lake. Recom—
mended council turn down proposal and look for permanent solution . Threatened
law suit if any pumping effects Sunfish Lake.
3.Hugh Madson — Genreal comments opposed to any assessment against anyone not
directly benefited.
4-Grace Colosimo — Pumped last year without a permit from DNR. Temporary pipes
were put in. Are tehy not illegal? Mayor advised that the question period was
over and allowed that we would not take the time now to answer.
5.Donald Moris — Stated he was opposed and if Moris property was assessed Lake
Elmo would have problems getting the permit extended or renewed.
6.Peter Werner — Although he was not personally affected he felt the residents
of Lake Elmo had an obligation to share in the expense of solving the problem.
7.Kirby Kennedy — Drainage into the lake area increased by ten times from 370
acres to over 3,000 acres and had a great part in creating the Lake Jane problem.
Suggested that council approve pumping.
$.Todd Williams — Related Lake Elmo Water to the proposed pumping problem as toy
who benefits and who should pay. Opposed to pumping. Proposed permanent dyking
and assess only those benefited.
9.Tom Meyer — Related how improvements in whole of VBWDcontribute to problem.
Hoped that Lake Elmo would support their neighbors and approve pumping.
1O.Conrad Adams — Advised that he directed letter -to governor and other agencies
requesting support to offset cost of Flood Control in Lake Elmo.
ll.Gary Gunderson — Raised two questions and asked everyone to think them over.
Who benefits? and What is criteria for determining who benefits,
12_.:Qhna_Finch — Opposed to pumping. Failed to see how he or anyone in his area
could benefit from pumping.
HEARING ON PROPOSED 1976 PUMPING APRIL 20, 1976 pg.2
13.Ken Sovereign — Related pumping values to fire department and police department
where all contribute but do no actually gain the same value from the service.
Advised how VBWD was set up nine years ago to resolve these types of problems and
failed to see where they had taken adequate actixon. Suggested that the city take
legal action against the VBWD.
Motion by Councilman Shervheim 2nd by Councilman Abercrombie that the hearing be
recessed for tonight and reconvene again on April 21, 1976 at 6:00 pm in the city hall.
Carried 4-0.
Hearing reconvened at 6:00 pm on Wednesday April 21, 1976.
Motion by Councilman Abercrombie that we pump into park area only. Max. 150 acre ft.
with constant monitoring to determine effects downstream and if any damage occurs
to cease pumping immediately. Rate of pumping 10 acre ft./day. Pumping would also
cease if Lake Jane went below 922 elevation. Action wpuld be taken under MSA 429
with cost of flood control assessed. Motion failed for want of a second.
Councilman Abercrombie offered motion 2nd by Mayor Eder for counsel to prepare
Resolutions R76-11 and R76-12 to be acted on by the council within 48 hours.
Resolution to include the following:Pump from Lake Jane into city park at the rate
of 2200 gals./minute for 15 days or a maximum of 150 acre feet then reevaluate.
Pumping on Lake Jane would stop if the elevation of ]Lake Jane fell to 922 elevation.
Sunfish Lake would be monitored and pumping would cease if elevation reached 894
(1.51 below 895.5 estimate of DNR). Acquire all necessary easements to enable pumping.
Erosion be controlled — extend south from Lake Jane Trail to keep water flow on Slinde
and Berschens Property. Extend pipe by one additional length beyond pipe limit in 1975•
Enforce correction of individual systems in violation of code in or neat the flood
plain with a completion date of, July 1, 1976. Abide by all the conditions of issued
permits from DNR and VBWD. Abide by all the conditions of ,the easements received.
Control noise pollution as best possible. Request DNR to proceed with proper pro—
cesses to estafialish high water level on Lake Jane, Sunfish Lake, Horseshoe Lake,
Eagle Point Lake and ponds between Olson and Jane. Request VBWD to proceed with
plan to pump water from Long Lake to White Bear Lake and undertake as an improvement
project. Request VBWD to complete overall plan revision by July 1, 1976. Establish
date for assessment hearing and limit assessment to properties below flood plain
in area between Olson and Jane (9281). Embark on a program to encourage permanent
solutions to correction of building locations and individual systems through sale
of bonds and with assessment to property receiving benefit where financing not
otherwise available. Carried 4-0 Councilman Pott absent.
Hearing was adjourned and council agreed torconvene the council meeting recessed
April 21, 1976. Council will reconvene at 5:30 pm on Friday April 23, 1976 at the
Lake Elmo City Hall to review the resolutions and make a final determination of the
action to be taken