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HomeMy WebLinkAbout07-03-79 CCMMinutes, Lake Elmo City Council; July 3, 1979 page one Mayor Afmstrong convened the meeting at 7:36 p.m. with the following Councillors l answering the rolls Johnson, Mottaz and Pott. Mayor ARmstrong excused himself at 7:40 p.m, to attend to some personal business. Acting Mayor Pott assumed the chair. AGENDA.- Pott moved, seconded by Johnson, to approve the Agenda with the fol- lowing additions: Add MSA five-year plan and Hardy's driveway under Engineer's Report; and Tri-Star construction plans after that. Motion carried 3-0. MINUTES.- Johnson moved, seconded by Mottaz, to amend the minutes of the June 5, 1979, meeting; page 2; to reflect that all the information on bids for buildings referred to the Park Shelter. None refer to the Fire Hall Addition. And, add the following phrase to the second paragraph on page 3, in the discussion of compensation for damages on Sunfish Lake; 1%hat are a proven result of that pumping.,, Motion carried 3-0. Johnson moved, seconded by Mottaz, to approve the minutes of the June 12, 1979, meeting as written. Motion carried 3-0. Pott moved, seconded by Mottaz, to approve the minutes of the June 26, 1979, meeting as written. Votes Pott, Aye; Mottaz, Aye; Johnson, Abstain ( asihe was absent for the meeting). Motion,carried. CLAIMS; Johnson moved, seconded by Pott, to approve Claims # 79386 to #79523. Motion carried .4-0. (Armstrong returned for a few minutes; and, also voted Aye on the Claims.) CIMAR,RON - SEWAGE TREATMENT; SURFACE WATER PLANNING; Mr. Steven Taylor, a partner in the Cimarron development, appeared before the Council and expressed his desire that the City pursue a surface water con- trol project for Tartan Park and Horseshoe Lake; so that the seepage ponds and over -flows therefrom would work better. He also daid Sunfish Lake rises as Horseshoe Lake rises; and that, when high, the Cimarron seepage ponds have no place to flow into. Pott explained that the City would have to petition the Watershed District to solve this problem; and that the City is unwilling to do so unless the costs are reduced -significantly from prevabous Dis- trict -a0tii;satesfor that project. Whittaker explained that the City is encouraging the District to review the 3M proposal for solving this problem; and would petition the District for the 3M project if the costs are reasonable; and if 3M agrees to pay some significant part of the cost. Pott said he felt the City might agree to petition for the project if 3M is willing to guarantee they will pay the costs of the Preliminary Fund for such a project. This would eliminate the risk the City assumes by petitioning. Mr. Taylor also mentioned that he believes the water is being held back by an old read bed; and the same roadbed is causing Heinz's property to flood. AUDIT REVIEW - 1978 Annual Audit, Robert Veto-. Robert Veto, of DeLaHunt, Vote and Co., presented the annual audit to the Council; and fielded questions on the accounting procedures and financial status of the City. He explained the various funds, the new State mandated 'modified accrual accounting systegi,'�; and said the City is in an adequate re- Minutes, Lake Elmo City Council July 3, 1979 page two (City Audit continued) serve situation. He discussed briefly some of his recommendations 1 from pages ]S and 19 of the comments section. Iie recommended the City put all -its books on the modified accrual system to avoid some auditor costs in the future. Ile explained how the City would account for costs of a Preliminary Fund, in the event of a petition to the Watershed District. And, he commented that a program budget would also have to be accounted for in standard "line item" budgets so that funds could be audited as required by State law. He said this might result in some ad— ditional costs to the City; but, would be an improvement in accounta— bility. DONALD DURAND, SPECIAL USE PERMIT for Pierre's Pier: Pott read the recommen— dations of the Planning Commission. Johnson asked why Mr. Durand had not applied for a permit before paving the access. Durand said he wasn't aware of the requirement; had been launching boats there for years; and that he proposed to continue to launch fishing boats on, perhaps, a somewhat larger scale than in the immediate past. Todd Williamsi-3025 Lake Elmo Ave. No., expressed the following concerns: (1) This permit would allow intensified use of the access; and expand a non —conforming use; (2) It would unreasonable to allow a permit after the work had been done; and that Mr. Durand was well aware of the codes, as a contractor; (3) It would set a bad precedent; and others would go ahead without permits; (4) It will increase traffic of large boats on Lake Elmo; and that would conflict with the City's goals to keep that lake quiet; (5) It would in— crease traffic on Lake Elmo Avenue; (6) It would become a safety hazard on the east shore; when the western shore could be developed more safely; and, (7) There is no hardship which justifies the permit. Pott questioned if this was really an intensification of the use. It merely paves an existing access — an improvement that might be better than the current gravel access. Durand said this area has been an access for over 30 years; and that, at one time, his father had as many as 54 boats for rent on the site. He currently has fewer than. 15 altogL�ther;and launches about 9 or 10 for others daily. Tom Kellar objected to the expansion of a quiet business into a more intense use. He said it will degrade the frontage values of others on the lake. He suggested the Council agree on the over—all use of the Lake; and set limits for all users that would be con— sistent with current use. Pott explained that the Water Surface Ute and Zoning Committee was established for that purpose; and is developing regulations on boat sike, motor size, and speed limits onall lakes in the City. Mottaz said he still had concerns about traffic on the County Road; and would like the opinion of the County Engineer on the boat launch. He said he would also like the City Attorney's opinion on the status of the non —conforming use. He also wants DNR advised of the improve— ment. Minutes, Lake Elmo City Council July 3, 197V page three (Durand SUP, continued) Mottaz,moved, seconded by Johnson, to table Mr. Durandrs request for a Special Use Permit to pave the access until July 17, 1979. Motion carried 3-0. Durand said the access was there; so the access is not the issue. The issue is whether or not he can pave it. He said Cimarron and Tartan Park generate far more of the traffic on Lake Elmo Avenue. 9:00 p.m. Break RICHARD CONNORS — SPECIAL USE PERMIT to place fill on Lots 23 and ;4, Berschens Shores. Whittaker read the recommendations of the Planning Commis— sion to the Council. Johnson moved, seconded by Mottaz, to grant a Special Use Permit to Mr. Connors of 9250 Lake Jane Trail, for 179 yards of fill of Lots-23 and 4 of Berschens Shores, as described in his applica— tion, above an elevation of 924 MSD; and to release the bond re- quired for the temporary permit issue earlier. Motion carried 3-0. LEONARD HANSON -- REZONING, and SPi1C1AL USE PERMITS for Open Sales Lot and an Advertising Sign, at 10824 Hudson Road, owned by Bill Pauley. After some discussion, the Council agreed that this application could not be considered unless at least four Council members.;:are present to vobe on the rezoning. The request will be put on the July 17, 1979, agenda. (qTohnson had made a motion to grant the rezoning and permits.) Mottaz moved, seconded by Johnson, to table the request until four Councillors are present. Motion carried 3-0- KEN SOVEREIGN — PETITION TO CONTROL LEVELS OF LAKES,OLSEN AND DE4ONTREVILLE: After some discuss�c5n-. about the c* s-,of the lakes and funding alternatives for the project; Whittaker read the City Attorney's opinion on the adequacy of the petitions. The Attorney recommended the City secure promisory notes for the Preliminary Fund costs of this project before it petition the Watershed District. Mottaz moved, seconded by Johnson, that the City request an estimate of the cost of the Preliminary Fund for this project from the Valley Branch Watershed District; and, then, ask the petitioners to sign promisory notes for their pro—rata share of the cost. Motion carried 3-0- The Councl:.ifistructed the Administrator to prepare the notes once the estimate is in; and advise the Council of the petitioners willing- ness to sign them before preparing any petitions for Council aOtion. ENGINEER'S REPORT: A. Tablyn Park Improvements. The Council instructed the Engineer to check the storm sewers in the Second Addition to see if they are open and functioning properly. They agreed that he should check the pond dimensions to insure it is excavated to the full width called for in the plans. And, they asked that the owners of the Second Addition be called into the next meeting. B. Hardyts Driveway. The Engineer presented costs estimates for the driveway and the foot bridge requested by the Hardyts. The driveway will require as much as 400 yards of fill; and could run $ 1500 for materials alone. The foot bridge could run as much as $5000 for materials alone, with a contractor installed footing. Minutes, Lake Elmo City Council July 3, 1979 page four (Engineer's Report, Hardy's Driveway, continue) The Engineer asked why the Council would want_a footbridge, if the goal of the program is to eliminate restrictions to the channel. He said the bridge would simply take the place of the culvert, as a restriction. Pott suggested the Engineer check out an existing box culvert downstreunto see if it could be used for a foot bridge footing; and report back to the Council C. MSA 5—year plan. The Council discussed several alternatives for staging construction and financing the 5--year MSA street improvement plan (for 45th, Julep, 17th,and Keats Avenues from Jane Road to Hwy. 36.) Mottaz moved. that the Council adopt Alternative #2 ;whichwould call for construction of the entire improvement in 1980 with bond revenues from State Aid Bonds, to be paid out of the allotments for the next five years. The Council discussed the assessment policy they would apply to these projects, as Pott expressed his belief thatbenefitedproperty owners should get assessed to some degree .for every improvement regardless of the source of funds for the project. Johnson seconded the motion. Motion carried 3-0. The Council will -discuss the assessment policy later; and will eventually have to order a feasibility statdy for the 1980 construction pro— ject. D. Tri—Star Plat, construction plans, Rossow. Johnson moved, see on e y o $az, to accept the recommendations of the City Engineer; and approve the plans for improvements in the Tri— Star Addition subject to the Engineer's recommendations in his July 31 1979, letter; with one additions Section 22.0 of the plans should read with proper disposal of waste material in an established approved dump. Motion carried 3-0. ASSESSMENT HEARINGS, RESOLUTIONS calling for hearings: Pott moved, seconded by Johnson, that the City adopt Resolutions 79-31 and 79-w32 a and b; calling for assessment hearings on the First Street and Immanual Street Improvement project and the 1978 flood control project; accepting those improvements and projects; and setting the amount of assessment. Motion carried 3-0. IRVIN COURT ASSESSEMENT HEARING: The Council instructed the Administrator to request promisory notes from the benefited property owners, to avoid assessing the project and the increased costs of the pro— ject should it be assessed. LICENSES: Johnson moved, seconded by Mottaz, that the following lic'eases be granted: Chaves & Sons — 15975 S. Putman, Afton — Sewer Installer Four Seasons Air Specialists — 312 Division, White Bear Lake, MN. — Heating and Air conditioning. Motion carried 3-0. FIRE SCHOOL REIMBURSEMENT: Pott moved, seconded by Johnson, to reimburse- those Firemen who attended the Fire School as follows: $45.00 for lost wages for Friday sessions $5.00 per day for each driver for gas Minutes, Lake Elmo City Council July 3, 1979 page fives (Fire School Reimbursement, continued) $5.00 for each meal. Motion carried 5-0. The meeting adjourned at 10:57 p.m. on a motion by Mottaz, seconded by Pott. Ken Evanoff discussed his flooding problems on Lake Jane with the Council. The Council agreed informally that he could take sand from Pebble Park if he could not locate sand for a dike. They also agreed to install the City's portable pump for emergency pumping, if he could not secure a sump pump to handle the flooding.