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HomeMy WebLinkAbout07-05-78 CCMAGENDA --CITY COUNCIL City of Lake Elmo, Minn. MEETING TO BE HELD WEDNESDAY, JULYt 1grl$. I 5:00 P.M. -- Council Meeting convenes Agenda Approval Minutes of Last Meeting 5:15 P.M. -- Donald Raleigh, City Attorney 194 5:30 P.M. — Community Development 9fficer Job Descriptions Personal Plicies 6:30 - 7:30 P.M. -- Dinner Hour -- Ben's Elmo Inn 7:30 P.M. -- Meeting Reconvenes Bill Park ---City Asswssor Layman abatement 7240 P.M. — Mike Ahrends--Cimarron Speed Zones 7:50 P.M. — Dean Beutel---8866 Stillwater Blvd. N. Re: development of 38 acres adjoinngi5 Kenridge Add.--J amaca & Highway 212. 8:00 P.M. — Richard Bergmann-5$33 Lake Elmo Ave. Application for minor subdivision (S. 1/2 of the SW 1/4 of Section 25) 8:15 P.M. -- Donald Novak-8715-2'lth. St. N. Vacation of Street in Tablyn Park 8:30 P.M. -- Bruce Folz & Max Fowler Escrow for Improvement in Tablyn Park, 2nd. Add. 8.45 P.M. -- Engineer's Report Foxfire Storm Sewers Foxfire Access to Lake Jane Road Drainage --Lake Jane Trail Drainage --County Road 6 9:30 P.M. — Conrad Adams--8903 Jane Road N. Private road portion---JaneRoad N. High water on Lake Jane 9>'455PMhj.-- Clerks Report- PZC Appointment Sewer Survey Others Council Reports: Installation of a barricade at 11051-34th. St. N. Council action on $1200 of storage gravel 5 Bay Building ---- Fran Pott DISCUSSION ITEMS: County Park Subdivision Ordinance NOTICE OF SPECIAL MEETING: Monday, July 31,1978, the City Council and thePlanning Comm smon will meet with Planner, Gunnar Isberg. MINUTES OF REGULAR MEETING OF LAKE ELMO CITY COUNCIL HELD JULY 5, 1978 Meeting was called to order at 5:10 by Mayor Armstrong. Council members Shervheim, Pott, and Morgan were present, Clerk Mehsikomer was absent and City attorney Raleigh acted as Secretary. Engineer Noyes was also present. APPROVAL OF AGENDA. The agenda for the meeting was revised and approved. ENGINEER REPORT. Engineer Noyes reported that he and Larry Whittaker had met with representatives of the Minnesota Department of Transportation to discuss the I-94 Frontage Roads in the City of Lake Elmo. Councilman Shervheim reported that the owners of the Washington Central Plaza were interested in the possibility of locating the frontage road some distance to the North. Council- man Shervheim said that it was his intention to attempt to answer the questions of the owners on Friday, July 7th, and pass their comments, if any, on to the Minnesota Department of Transportation through the City Engineer. Engineer Noyes reported that the lakes in the City had reached the elevations indicated in the attached.Resolution R-78-20 as compared with the 1.975-1976 maximum elevations also set forth in the attached Resolution. He reported further that the Valley Branch Watershed District estimates that approximately 570 feet of flood waters have accumulated on Long Lake and Silver Lake and may be expected to flow into Lake Elmo and cause Lake Demontreville to overflow in about four weeks. Noyes reported that the situation is as critical or worse than it was in 1975• At the present time the lakes in Lake Elmo below Lake Demontreville are higher than they were in 1975. Moreover, in 1975 the City had the good fortune of having an unusually dry period after the heavy rainfall in the early part of July. A number of residents of the Jamaca Court area were present and reported that the flood waters had accumulated around their homes and caused septic tanks to back up and overflow polluting the flood waters standing around their homes. The council discussed these reports and considered the various courses of action which might be available to meet this emergency and reduce the health hazard represented by the flooding in the Jamaca Court area. City Attorney advised the council that the consent of the Valley Branch Watershed District and the Department of Natural Resources would probably be necessary if any action were to be taken to impede or alter the natural flow of water. After further discussion, councilman Shervheim moved the adoption of Resolution R-78-20, a copy of which is attached to these minutes. The motion was seconded by councilman Pott and after some further discussion it was passed by a vote of 5 to 0 (council member Lyons having arrived at 6:00 P.M. just prior to the report on flooding. The mayor declared a recess at 6:00 for the dinner hour. Res e�tfully submitted, 7 i Donald T. Raleigh, Acting Secretary - 2 - h RESOLUTION CITY OF LAKE ELMO WAS$INGTON COUNTY, MINNESOTA R-78-20 A RESOLUTION, URGING THE VALLEY BRANCH WATERSHED DISTRICT TO UNDERTAKE TEMPORARY AND PERMANENT FLOOD CONTROL MEASURES. WHEREAS, the City Council of'the City of Lake Elmo at its regular meeting herd July 5, 1978, received a report from the City Engineer indicating that there is present flooding and a threat of additional severe flooding in the City of Lake Elmo as a result of excessive run-off from recent rains and approximately 570 acre feet of water which has built up on Long Lake and Silver Lake,'.also as a result of the recent heavy rains. This situation, according to the report of the City Engineer, is as critical as or worse than the situation in 1975 when severe flood damage was experienced in the City of Lake Elmo. The Engineer further reported that the present lake levels in the City of Lake Elmo, as compared with the 1975-1976 levels are as follows: - July 1978 Elevations 1975-1976 Elevations Lake Elmo 887.6 886.2 Eagle Point 897.7 896.3 Lake Jane 922.6 923.3 Lake Olson- 928.6 929.9 Goose Lake 925.11 Sunfish Lake 892.7 892.9 WHEREAS, the City Council also received a report from its Engineer and numerous property owners describing severe flood conditions existing in the Jamaca Court area. The report of the property owners indicates that the flood conditions in ,the Jamaca Court area have flooded individual sewage disposal systems causing them to back up on the ground and in the homes. They further report that the contaminated water caused by said back-up is sitting on the ground around their homes; and WHEREAS, several homes, septic systems and access ways are submerged surrounding Lake Elmo; and Minutes of Lake Elmo City Council Meeting - July 5, 1978 Meeting reconvened after supper break, at 7:30 P.M. Present: Mayor Armstrong, Councilmen Shervheim, Pott and Morgan and Councilwoman Lyons. Cimarron Speed Zone: Letter received from Mike Ahrens, Cimarron, indicating that they had received notice from City relative to 25 MPH speed limit on perimeter road. He contacted Mr. Ashbrook of the Dept, of Health who advised that they had jurisdiction over speed zones in mobile home parks. Based on this they did not intend to install 25MPH signs as suggested by City. City Counsel advised that the attorney generals office had handed down the ruling on 25 MPH and this overrode the Dept. of Health regulation. Cimarron-Bldgs official. goiftp .4tpts regarding condition of part of prop- erty* Mr. -Ahrens advised that the old trailers had been re- moved and cleanup order has been given to either Hammes or E & H Barthmovers whoever does it first. Cimarron -Mobile 'Home Regulations - Bldg, Official Mueller advised that new regulations regarding mobile homes is now in effect and any now installation must be checked before and during instal- lation on -a lot, Gas and plumbing permits will be required. Extra copies will be forwarded to Mr. Ahrens so he can distri- bute to new owners. Lehmann Abatement: Motion by Councilman Shervheim, 2nd by Councilman Pott to set market value on Lehmann property at $374,425. Carried 4 0, Councilman Morgan not present when vote was taken. Dean Beutel Sub -division E Request to scab -divide approx. 16 acres into 4 lasts, 3 acre lots and the balance of 13 acres in a separate lot. Notion by Councilman Shervheim, 2nd by Councilman Morgan to delay any action on Beutel sub -division request until council has had an opportunity to resolve the drainage problem in the area, It should be placed on Agenda of .August 1, 1578 meeting for reconsideration, Carried 5 - 0. Don Novak vacation of Ridgeway Drive $304 easement) This request to be referred to PZC for recommendation, Petition received signed by all affected owners, Counsel to determine if easement contains any rights of reversion and who whuld receive property if vacated, Any vacation approval should include a drainage easement and the engineer was to determine just where that should be. Bergman, 5033 Lake Elmo Ave. - Minor subs -division (9. 1/2 of the SW 1/4 of Section 1). Wants to sell B Parcelf 5 acres --but had question relative to road easement and the possibility of the back:40 acres being landlocked, Council recommended that he reserve anosasement thru his property to allow for permanent access to all. of his property, Minutes of Lake Elmo City Council Meeting - �Uly 5, 1978 Tablyn Park-2nd Addition - Motion by Councilman Shervheim, 2nd by Councilwoman Lyons to aaacept"the proposal of Top -Twenty to supply, in lieu of a performance bond,, $73,000 interest bearing escrow account from Which progress payments are to be made for work completed and approved by City Engineer. Further that Top-Twetty Agrees to issue to the City, 1st mortgage agreement for 1.0 of the 20 lots in Tablyn Park 2nd addition in the amount of $7,300 per lot for a total of $73,000, 'The City agrees to release the mortgage rights upon deposit to they escrow account of $7,300 per lot. Finally the City agrees to accept, a park dedication of $3.,438.00, of which $1,3 2,00 will be cash and the balance of $2,125.00 for the asphalt walkway to the park area which will be paid for by Top -Twenty. Carried 5 - 0 Foxfiret Engineer reviewed Storpv.$oVot drainage Galan with council. Advised that the opetrat.ional cost of the proposed lift station would by $4,OOO, Engineer requested that his proposal be considered as the Master plan for Poaafire drainage, George ftedgeU anted if the plan had been discussed with VOWD engineer in- deyelopmont of plans. Counsel, instructed to prepare resolution. Foxfi.ro, emergency only road4 Vngineer recommended that emergency actress toad be a graveled street but marked for emergency use OAly, An amount should be not up in an escrow account for ;installatiou of a gate, if residents do not hood ftar, emergency use only sign. Cty, toad 6 ,. Drainage - See resolution relative to Resolution RVS-20 (Request to a BW0 for flood relief action)® VPWD meets July 6t'h at ` 00 P,M, council to wait to see what action the vowD vpill take, Engineer inatnuoted to determine cost$ for necessary equipment if City was to initiate any action. This in€otmattOn requested for continuation of July 5th aounctl meeting on July 7., 1978, at 'b P.Mo in City hall, Conrail Adams - Hsi Xraause Addition Lot 8a Represented by Dick# Advised that iKraaaaee addition platted in 2963, Lot 6 wag set up for a goad* Although road easement was dedicated it was not accepted by TawA of-gAst Oakdale because road was not brought up to Township standards, Mr. Adams advised that he and his affected neighbors 124d maintained the road since 1967, Requested a declaration that this is a private road;: ,__Counsel advised that itwwas a public mad but not maintained by City since it was not brought up to required standaart'i, Mr, Adams maintained that roal was maint4#10d by Township when he Moved there, Mr,, Adams'expressed an opinion that City had installed ditch to take mane and that the increase of 1' in water level on hake Jame was City reapdh hn itya Minutes of Lake Elmo City Council Meeting duly 5, 1.978 Stephen Gustafson - 11051 14th St. No, - Motion by Councilman Putt, 2nd by Councilman Morgan to permit installation of a barricade across the 30' easement in front of said property with the condition that it be accessable to City as„neaded, Carried 5 - 0, Minutesa notion by Councilman Potty 2nd by Councilman Shervheim to apprb e 4<inutes of City Council meeting of June 20, 1978 as submitted, Carried 5 - 0. Claims Motion by Councilman Morganf 2nd by Councilman Shervheim to approve payment of Claims 78191 thru 78431. Carried 5 - 0. P.2.C® appointment - Consider at duly 18m 1918 meeting. sewer Survey -r Clerk advised that of been returned. The results 1 no decision, 2701 notioes sent out only 98 had thus far show 36 in favor 62 against, Uemontreville Highlands - Clerk advised engineer that letter of credit 57562 for Uemontraville Highlands was due to expire August77$ 197Q, Engineer was to determinq amount of required bond and the extension necessary. waater Tank - Clerk and Adm,Ass°t were to review condition of pipes on water tanks and determine, through consultation what has to be done* Street bight - Layton Court North - City originally approved installation of overhead light at cul de sac on Layton Court. Sone oitizens are against installation of a light. Send Questionaire to affected residents to determine what the majority prefer. Censust Letter from Metro Council showing 1978 population estimates as of April 1. Estimate for Lake Elmo is 5440.. We will compare with the census when completed* takers Womens Club A check for $750, was received from the Laker$ womenb Club toward playground equipment installed at.Pabble: Park. Petition "No Parking" on Hill Trail N. - Received 6/26/78 - Council recommended that this be referred to local police officer to review and make a recommendation. Arent SUP - Letter from Mr. Arent advising that SUP no longer required since he has moved to California. Meeting recessed at 1Ot48 P.M. to be reconvened July 7, 1978 at 700 P.M. in Council chambers. Minutes of Lake Elmo City Council Meeting July �; 1978 Meeting reconvened at 6:07 P.M. - Jyly "lj, 1978 All council members present plus counsel and engineer. V.B.W.D. - Councilman Shervheim'reported on V.B.W.D. action relative to current and future flooding. Action was minimal. V.B.W.D. agreed to make available $1200jyear to assist in flood control projects. They did give their blessings to pump; -.oil Jamaca & Hwy. 212 and to raise the level of .Eagle Point Lake 'by means of a dike. , V.B.W.D. also approved increasing the size of the Lake Elmo outlet to 480 if 3M club approves. This carried 3 - 2. Costs - Estimated rental of pump to lower water at Jamaca & Hwy. 212 was $1200. Estimated cost of Eagle Point Dike would be $2 - 3000 if City furnished the labor. Pumping: Motion by Councilman Morgan:, 2nd by Councilman Shervheim to have City employees install pump and start pumping at Jamaca Court. The volume to be pumped is limited to 40 acre feet which would reduce water level by 21. Carried 5 � 6. Engineer reported that iron Harnack of DNR had given verbal approval to proposed action. He requested that City keep accurate records of action taken, When pumped, amount pumped, effect on the water level, etc.. He also requested a sketch show- ing the proposed dike on Eagle Point Lake. Dike: Motion by Councilman Shervheim, 2hd by Councilman Morgan to proceed with construction of the Eagle Point Dike with the final closure accomplished by means of sandbags which could be put in place or removed to control the flow of water from Eagle Point Lake into Lake Elmo, Carried 5 .. O, Lake Jane - Le4ion Pond: Motion by Counoilman shervheini, 2x:cl by Councilman Morgan to set a flood control project hearing for Lake Jane and Legion Ave. Pond for Tuesday July 25th : 7 00 P.M. in the Lake Elmo Vlementary School., A citizen suggested the possibility of an annual early spring meeting to map action in case of an emergerimy, Although it was agreed that this was a food idea counsel poii4ted out that it wouldn't fulfill the requirements of the statute., Rita Schiltgen: Miss 9chiltgen voiced a complaintthatchangpa in the run-off on 31st St. N. at the East and had caused flooding #o her garden. Even during the heavy rains of 1915 there was no ponding on her property. Mayor instructed the engineer to review this matter with Miss. Sohiltgen to determine cause of problem. Adjournment: Motion by Councilman Morgan, 2nd by Councilman Pott to adjourn at 7n06 P.M. ?rid, 7, 1978. Carried 5 0.