HomeMy WebLinkAbout05-23-79 CCMMinutes of the Lake Elmo City Council, May 230 1979
Mayor Armstrong convened. the meeting at 5132 with the following Councilors
answering the rolls Johnson, Morgan (5s38), Mottaz, and. Pott. Administrator
Whittaker, Attorney Raleigh, and Engineer Bohrer were also present,
FIRE HALL ADDITIONS Mottaz moved, seconded by Pott, that the City accept the
lowest responsible bidfor construction of the Fire Hall Addition
on Laverne Avenue; and authorize the Mayor and Administrator to
enter into a contract with George Siegfried to construct the Fire
Hall addition at a cost of $50,450.00 plus $3,000.00 for construction
of a septid tankaaad drainfield•. Motion carried 5-0.
MOTTAZ DEEDS Attorney Raleigh advised the Council that Mr. Mottaz would have
to subdivide the property under the current City Ordinance. He said
the County Recorder was obligated under law to accept the dosed for
reoording; but the City still had the right to require subdivisipav
Under City Ordinance, Mr. Mottaz is required to apply for a small!
lot subdivision: for a parcel over five acres with the required frontage
on a;public road.
The Council- a'Jso dvtsed,Ar. Mottaz that he would first have to appeal
from the moratorium before the subdivision could be processed.
DEPUTY, VALI-HI DRIVE-IN's The Council agreed that the Special Use rarmit granted
the Vali<+Hi Drive-in was reasonable in requiring the owner to have
deputized personnel working there whenever the theater is open.
They agreed this person should be deputized under the City's contract
with Washington County; that they had assigned, the responsibility for
deputizing officers to the Qtb:unty through that contract; and, that
the City did not want to assume the liability for deputizing someone
not approved by the County Sheriff.
PIERRE'S PIER, SI[0I3ELxiD MANAG1QMbNT=.ICIOLATOAF.t.,•.:.The:.Council.:agreEd..tha:.Dgn Durand,
owner of Pierre's Pier, must obtain a Special Use Permit as,required
by -the City's Shoreland, Management Ordinance, to pave the access to
Lake Elmo off Lake Elmo Avenue. Mr. Durand will. be referred to the
Planning Commission for hearing on the permit.
RICHARD CONNORS® EMERGENCY FILL.PERMITs Mr. Connors had obtained a permit from
the DNR (Minnesota Department of Natural Resources) to place 1700 cu.
,yards of fill on his lot above elevation 924; and had been advised
that he must hgy.o/ a Valley Branch Watershed. Listrict Permit for same.
The Council advised him that he would. need a Special. Use Permit from
the City to fill. within 1000 feet of the 924 elevation under the City's
Shoreland Management Ordinance.
Mr. Connors said, some of his buildings were in danger of flooding; and,
he needed to fill now to prevent futher damage. Raleigh said the City
could probably give some temporary approval for the fill subject -to
removal. Armstrong suggested a bond for removal should the permit
not be granted.
Pott moved, seconded by Morgan, that Mr. Connors be granted a temporary
permit for 1700 cubic yards of fill above elevation 924 on Lake Jane
subject to a letter agreement requiring him to apply for a Special Use
Permit, a stipulation that he would remove the fill if the permit is
not granted, and that he post a bond in favor of the City for $360.00
to remove the fill should he not get the permit and/or .refuse to remove
the fill. Motion carried 5-0.
Minutes, Lake Elmo City Council, May 23,1979 -2-
PEPIN ENGINEERING; Mr.. Don Pepin presented a site planfor construction of
a new metal working plant between 35th and 36th streets west of
Lake Elmo Avenue. The Council listed the following concernsi and
said the City could not approve the plans until the questions raised
had been satisfactorily answered,
1. Would his use of the streets impair access to •those already using
it; and if so, how would his platy address this?
2. There are two drainage -ways through •the parcel. Both would have
have to appear on and be handled by the plhn - one from the southwest,
one crossing east -west.
3. He would have to assure the City Attorney that the property is pro-
perly subdivided.
4, The building would have to be located high enough to 'avoid erosion
of the foundation and, in the right place so as to avoid damming up
water in either of the drainage -ways.
5. There must be sufficient suitable land for two septic drainfields=.
6. If necessary in the opinion of the City Engineer, Mr. Pepin may
have to provide addition storage for surface water run-off.
HAZARDOUS BUILDING, IVY AND 28ths Actiondelayed.for clarification of ownership.
PUBLIC ACCESS, LAKE DEMONTREVILLEs Morgan said people were using private property
and a public easement not intended for access to get to Lake Demontre-
ville. He said he thought the City should develop a public access
on the Qity-owned property to the southwest. Morgan moved, seconded
by Pott, thats 1) the City sign the creek area "No Public Access",
2) the City ask the County to widen the shoulder on Demontreville
Trail near the City acess to permit safer parking, ad. 3) the City
Improve the road access in the SW area for public access to the lake.
Motion carried 5-0-
MOWER TRAILERS Morgan moved, seconded by Armstrong, that the City authorize
•the purchase of the Toro trailer for the mower at a cost of $ W09.00t
including the surge brakes,a spare tire and wheel. Motis�h ::carried
4-1 with Johnson voting against.
LAKE JANE PUMPINGs Mr. and Mrs. Phil Tschumperlin approached the Council to com-
plain about the noise the pump on Lake Jane was makings said they were
opposed to the pumping, and. argued that it was a nuisance and decrased
their property values, The Council agreed to limit pumping to daylight
hours (7s00 a,m, to 8100 p,m.) as long as that maintained the level
of the lake and/or. until May 29, 1979, when they would meet to discuss
the status of the pumping and the provision of sound barriers on the
pumps
Several alterntalves for sound barriers were discussed. The final re-
solution would be left to the Maintenance Department and, the Council
on May 29, 1979.
The Council agreed. that evening shut-off of the pump on regular working
days would be scheduled. overtime for employees; and. would be paid at
time -and -a -half for non -salaried personnel. 'foreman Wier would still
be paid straight time for overtime, as was agreed when he wRaas promoted,
The men would be paid two-hour call -out on Saturdays and. Sundays, as
provided in the personnel policy.
The Council asked VBWD to monitor Sunfish Lake at least weekly during
the pumpingl and more often If we have significant rainfall.
Minutes, Lake Elmo City Council., May 23, 1979
—3—
FIRE TRUCK INSICNIAs Morgan moved., seconded by Armstrong, to authorize up to
U50,00 to repaint the lettering and, insignia on the City Fire Trucks.
Motion carried 5•-0.
DIESLE PUMP, MAINTENANCE DEPARTMENT was referred to the Maintenance Committee.
SIGN POSTSs Pott moved, seconded by Mottaz, that the City buy 50 sign posts
out of the Emergency Street Repair reserve. Motion carried 5-0.
SPARE HYDRANTS Armstrong movedw seoonaed by Mottaz, that the City purchase a
*€ire-tn�#�tve�see�Prae3�-repairs, out of the
Water enterprise fund. Motion carried 5-0.* a fire hydrant and install
a gate valve to have in reserve for emergency repairs. Approved 6/19/79•
SURFACE WATER ENGINEERING: The Administrator expressed his firm belief that
the {Sty should employ the City Engineer to determine the size, loca-
tion, and extent of the dam on Eagle 'Point Lake because he believes
the County, DNR, Army Corp of Engineers, and the Valley Branch Water-
shed District will not permit -the City to construct a dam without
some detailed engineering data about lake levels, run-off, and
the effect on the lake. The Council disagreed.; and instructed the
Administrator to get copies of the forms the City would have to
complete and, all available data from City files and VBWD files; and
present this to the Council..
201 FACILITIES PLANNINGs The Council again expressed its concern that current
Metropolitan plans ignored evidence that there are not on -site dis-
--posal problems -in the Tri Lakes area; -in response-, to an inquiry from
Lyle Doerr at Washington County. The Council said it did not want
to add any other areas in the City for consideration under 201 planning.
PROJECT 10051 The Council agreed to send a letter Councillor Johnson had drafted
encouraging the City's neighboring communities to support Project 1005,
The Council discussed alternatives to Project 1005 should it fail to
be approved. They instructed the City Attorney to study the City's
recourse if VBWD failed to approve the project.
The Council instructed the Administrator to write a letter to Valley
Branch advising the Board of Managers that the City Council will. be
in session June 5, 1979, if the Managers want to meet on Project 1005;
that the City will stop pumping June 5, 1979, as we started pumping
to handle the emergency until the Managers were empowered to act by
-their hearing a June 4, 1979; and that we were pumping only to prevent
a odsis during the interim between the emergency and the hearing.
The meeting adjourned at 8s28 p.m.