HomeMy WebLinkAbout11-06-79 CCMCITY Or LAKE ELMO CITY COUNCIL MERTING0 NOVEMBRR 69 1979
Mayor Armstrong convened the meeting at 7:10 p.m.
Councilors present: Morgan, Mottaz, Johnson, and Pott. Also Administrator
Whittaker, Building Inspector Kluegel, and 1heineer Bohrer,
AGENDA: Additions — Electrical Box in Fire Hall Addition, Complaint
against Clinger, Shafer Mining Permit, :Problems with the
plow on the new trunk, Discontinuance of 1005 pumping for
1979, and the 15'th Street Vacation, Morgan added the Park
Shelter., Tree Nursery and a Tax —Equivalency Program. Under
Publio Inquiries — Jaycees — Cross Country Ski 'frail Maintenance.
Morgan moved, seconded 'by Armstrong, to approve the amended
agenda. Motion carried 5-0.
FIRE HALL ELECTRICAL BOX: The electrical box in the new addition'uses
all of the available circuits. The engineer and the electrician
recommended changing the circuit breaker box to provide for
additional circuits for future use. The State Keetrioal
Inspector said a sub —panel would meet approval.
The electrician presented the following cost breakdowns:
1) Combining of circuits — $6125 mininum — no future expansion
and still risk overloading.
2) 100 amp panel next to the existing one, this would be sub—
Ved with a 100 amp breaker — $$21� or a panel in the kitchen —
$325.
3) Change the entire panel, rearrange all the control devices —
$565,
The addition was designed to use the existing available circuits
and the garage door openers were not bid into the proposal, Present
panel design will not meet, the State rating.
Morgan moved, seconded by Mottaz, to approve $$325 to put the
additional panel in the kitchen. Motion carried 5-0.
The garage door openers will be installed, except for the remote
control units that will be in the radio room, The remotes will
be hooked up at a later date; the electric will be roughed —in
for them. The estimate does not include the wiring for the
garage door openers,
OLINGM COMPLAINT: The Building Inspector has received a complaint about
scrap material being brought in and stored on the Olinger property.
He went out and inspected the property, took pictures and confirmed
the complaint. The Administr0or said it was time the City
Council met with Mr.. Olinger, or gave the staff authority to
have this cleaned up. The Building Inspector was instructed
to contact Mr. Olinger, request he remove the sorap material,
and inform him the Council is aware of the complaints and will
watch his operation to insure no further violations occur, If
Mr, Olinger does not cooperate, a letter will be sent advising
him he has ten days to olean up the area or the City Attorney
will file a nuisanoo suit,
LAKE ELMO CITY COUNCIL MEETING, NOPENm 6, 1979 —2—
SHA11TM MINING PERMIT: The Building Inspector contacted Schfers about
their mining permit. They have applied for a one year extension
for their operation behind J & W Marine. Fill is removed when
there is a demand and the operation should be complete at the
end of the extension. They will carry -on as usual at Richert's
Pit.
.Armstrong moved, seconded by Morgan, to approve permits for
Shafer to mine at J & W Marina and Rioherts, Motion carried 5-0.
The J & W permit is for one year only; cannot be renewed; and
is the loleaning up' of a non -conforming use. The Richert
permit is a mining permit in an Ag zone.
PM TURN-OFF - PRUTECT 10051 Bob Wier contacted Al Fandry, Barr Engineering,
and masked when they intended to turn the pump off. He stated
they will not turn off the pump without City Council approval.
Bob stated this is creating problems for the Maintenance Department
now; and that he anticipates more problems the longer it is
left on. The City still holds the contract on the pump.
Armstrong moved, seconded by Mottaz, to turn the pump off upon
concurrence of -the Watershed District; but no later than
November 15, 1979, Discussion - if the City crew gets involved
with snow removal, someone will have to be hired to pull the
pump and the diesel tanks. Motion carried 4-1. Morgan voting
nay. Morgan feels this should be Valley Branchs' responsibility,
they are passing the buck' requesting Council approval. He
feel4 if it is necessary, the City should hire more help and
charge the Watershed District.
PLOW: Bob Wier has talked to Pott and Mottaz about how the old re-
versing plow fits the new truck. This plow was made to fit
the International, not the new Ford. Bob asked when the
Capital Plan provided for purchasing another plow. He feels
-the City needs another reversing plow due to the number of
oul-de-sans in the City. The straight plow can be mounted
on the For&. for this year. The cost for a new reversing plow
is 829000 to $3,oOO. Mr. Wier explained the different features
and what would be involved in mounting them on the new truck.
Pott stated that if we get a new plow it should be one that
,fits into the City's long range plan and also solves the problems
encountered with the new truck.
Morgan moved, seconded by Johnson, to authorize Bob Wier to
compare available plows and if he determines one is satisfactory
than the Council authorizes up to 839000 for its purchase. If
a plow cannot be found that meets the standards, then the City
will wait until spring to consider the purchase. Motion carried 5-0.
MINUTES: October 20 1979 ^- Armstrong moved, seconded by Mottaz, to approve
the minutes of October 29 1979, as written. Motion carried 5-0,
October 169 1979 - To be approved at the next meeting.
LAKE ELMO CITY COUNCIL MEETING, NOVIRV0.,R 6, 1979 -3-
CLAIMS: National Biooentrics - hold
TKDA hesnow come to the point where National Biocentric was
before they declared bankuptcy, TXDA has spent about $10000
to reach this point, in preparing the scope of study report,
No estimate was given by National Biocentrios nor any type of
contract signed. The Council agreed to inform National Bio.
oentrios that the City has had to pay to have the scope of
study redone because they went under, The claim won't be paid.
Kirch - If this is not the final bill then pay it; if it is
then 10yoo should be withheld until all work is complete.
Fire Department Pagers - hold
Crossroads Ford - OK
Moretrench - hold and pay for actual_ use rather than in ad-
vance. VBWD oan pay -the balance.
Armstrong moved, seconded by Pott, to approve Claims 7970&hru 79766
, with the exception of National Biooentrio and Air Signal.
Motion oarried 5-0,
1036 of each of Siegfried's bill has been withheld. The Council
agreed to pay the amount noted on the claims list. The bond
can also be used if work is not completed,
TRAFFIC COUNTS: Johnson asked if a copy of the Washington County Traffic
Count Report was available. Copies will be distributed to the
Council at the next meeting.
PUBLIC INQUIRIES: Demontreville Highlands, 5th Addition, Drainage Easement
Vacation -• no audience comments
James Buggert - Variance for a five foot front setback for a
dry well - recommendation by the sewer inspector, This property
is located at 2891Legion Avenue,
Johnson moved, seconded by Pott, to approve the five foot front
setback variance for a dry well for James Buggert. Motion
carried 5-0.
LANES DEMONTREVILLL+' COUNTRY CLUB STRWT VACATION - PUBLIC HEARING CONTINUED:
Mayor Armstrong opened the hearing at 8:10 p.m.
11/20/79 The Administrator received new information and reviewed it for
-Correction the Council. *Several years ago the City aequi.red right-of-way
Add - Ken for the present Hill Trail through deedl and, vacated that
Isaacson said,Portion of Lake Shore Drive (Hill Trail) indicated on the map.
This could mean the City does not have access to Hill Trail
at the west end of either Mack or Bennett because the right-of-
way was vacated between where the road is now end the indicated
platted street, The City will have to verify this with the
County Recorder before any action can be taken, If it is det-
ermined Bennett will be a dead-end street, then a cul-de-sao
will be required, per City ordinance. The City will notify
area residents *hen the information is available and this vacation
is on the agenda for action.
LAKE .ELMO CITY COUNCIL MEETING, NOVEMBER 6, 1979
—4—
LANES DEMONTREVILLE CONTINUED: Mrs, Thompson, owner of lots 253-257 and.
258-262 at the end of Dempsey, asked if a decision can be made
concerning Argyle and the cul—de—sac at the and of Dempsey.
They want to start their home and this will affect where they
place the house. They would like the cuI4,de—aaoakthe end of
Dempsey, beyond -their lot. Armstron(r suggested a partial cul—
de— Sao, The Administra -b r will contract Top Twenty and see
what their plans are. Building on an unimproved. street was
asked.: Mrs. Thompson showed the Counoil a letter sipped by
the City to Mr. LaMott, the previous lot owner, stating this
is a buildt0le lot. A variance will be necessary hefore a
permit; can be granted. Mottaz feels a variance is in order
since -two other variances to build have been granted.
Armstrong moved, seconded by Mottaz, that Argyle be vacated
between the south line of Dempsey andthe north line of Mack
Avenue provided: 1) that sufficient street; be reserved. at
the north end of the proposed vacated portion to allow for a.
cul—de—sac and 2) the owner of lot 258, Lanes Demontreville
Country Club, deed to the City easement rights over the necessary
protion of the northeast corner of said lot.
After additional discussion it was agreed more information
is needed regarding the status of Lake Shore Boulevard.
Armstrong moved, seconded by Pott, to table the motion on the
floor and all action for street vacation in Lanes Demontreville
Country Club until the present line of Lake ')here Boulevard
�- (Bill Trail) can be determined. Motion carried 4-1. Mottaz
voting nay«
Mrs. Thompson was advised to apply for the necessary variances
and present them to the Planning Commission for recommendation,
The Administrator requested she send him a copy of the letter
to Mr. LaMott.
15th STREET VAOATION: Bob Wier told the Council the Maintenance Department
does not want to go through another spring with the City
maintaining 15th ,Street in its present condition. The road
should be passible through the winter; but is near impassible
after the spring thaw. Mottaz said the Council agreed to leave
the road open this winter and suggested blocking it off in the
spring if it becomes impassible. The vacation will be reconsidered
in April, Mayor Armstrong closed the hearing at 8:55 p.m.
Armstrong moved, seconded by `Mottaz, to table the matter of
vacating 15th Street until the second meeting in April, or
until weather conditions require futher action. Motion carried
5-0. The Administrator will write the County and tell them
of the Cityb decision.
PIRE/MAINTENANCE BUILDING: The Architect presented alternate 4 with the
conditions imposed by the Council included, (single access from
the mezzanine, joint access to two washrooms, central entrance,
office and breakroom upstairs, ladder access to the firemen's
storage area). This has been reviewed by the Fire Department.
Morgan moved, seconded by Pott, to approve alternate concept 4;
and give the architect authority to proceed in drawing up the
plane, specs, and bidding documents.
LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 69 1979 4-
FIRE/MAINTENANCE BUILDING: Discussion - Mottaz would like the building
faced with brick or some attractive material, since it is
to be incorporated into a nice residential. area. Iie also
feels some permanent soreening, board fencing or landscaping
should be installed to block -out the storage axes; The
architect suggested plantings and berming to cover or screen
the material storage. The architect will get an estimate for
face brick, Motion carried 5-0,
FIRE TRUCK: Pott wanted the Council aware of current estimated costs
for the fire/pumpew scheduled for purchase in 1981. The
amount discussed was $80,000. A potential supplier presented
the Fire Department with two possibilities for trucks: 1)
a 10000 gal/mn, pumper for $60v000-$65g000 and 2) a 1,250 gal/mn.
pumper for $80,000485000. Either of these would take a
squirt (a combination ladder and aerial nozzle) for an additional
$40,000. The Fire Department met and agreed upon the 19250 gal,
unit with the squirt, estimated to cost about $120,000-$125000.
The Council questioned the need for a unit that reaches 55 ft,
when the ordinance restricts building heights to 35 ft. The
Administrator met with the Pire Chief and suggested the firemen
look at some units in surrounding communities; talk to the Fire
Chiefs and see how often the units are used; and tell the
Administrator of their findings. He would like the Fire
Department to do more research and no-b the necessities for and
the alternatives to the squirt before any Council action is
taken. This unit would replace a 20 yr, old vehicle. Chief
Kuettner feels there is a need for the larger equipment, especially
with the recent fires at Lake Elmo Hardwood. Pott wanted the
Council aware of the feelings of the Fire Department and allow
them the opportunity for any alternate suggestions.
FIRE DEPARTMENT RADIOS: `.Cho Council approved pruehase of these radios,
but the Air Signal Company wants payment in advance of delivery.
City policy requires the calico be submitted. to the Council,
equipment be received and invoioed, then payment is sent.
Pott moved, seconded by Armstrong, that the $750 be authorized
when the Administrator is satisified that payment should be
made and the equipment is in working order. Motion carried 5-0.
ENGINSOORS REPORT: 201 Stud,
Engineer Bohror reviewed the 203. Facilities Planning in pre-
paration for a grant application. The Engineer prepared some
preliminary study areas and associated costs in defining the
scope of the work. The Metropolitan Waste Control Commission
cited three areas in Lake Elmo of observed or potential on -site
disposal problems. They are 1) tits Tri-Lakes, 2) the Old
Village, and 3) the area around Jamely, Janero and Ivy Avenues.
The City can determine additional areas or increase or decrease
the areas cited by the MWCC. The minimum area in the 'ri-Lakes
is the built-up areas adjacent to the Lakes and ponds the lakes
flow through.
Morgan objected to studying this area as the Tri-Lakes .Association
has tested the water and wells with no positive results. This
information has been repeatedly sent to the Waste Control Com-
mission. The Administrator said if -the City accepts the grant
money, this area must be included. The Council generally agreed
to the area outlined by the engineer.
LAKE 'ELMO CITY COUNCIL MELTING, NOVEMUER 60 1979 -6-
201 STUDYt The Council agreed on the Old Village area. The Jamely,
Janero area, was included because of the small lot sizes.
The City's share of cost will be about $6,500 for the survey,
plan and study$ and includes no construction plans.
Before the Council decides to include Cimarron and Oakland Jr.
High the Administrator will check with them and see what their plans
to solve their on -site problems are. The Public Hearing on
the 201 Study will be held November 20, 19799 at 7:30 p,m,
in the Lake Elmo Elementary School Library.
The Administrator asked the Council how they wanted to handle
the costs incurred before the grant is received for the scope
of study, the planning and the application. All the work done
through the applkation is not grant eligible. The cost to date
is about ,$1,200. The Council requested the engineer do just
the minimum required through the application.
FEE RESOLUTION 79-50: Item j, under 6, should be deleted from the resolution.
Johnson moved, seconded by Pott, to adopt Resolution 79-50, a
Resolution establishing the Fees For Licenses and Permits
Required by the 1979 Municipal Code of the City of Lake Elmo,
as amended. Motion carried 5-0.
60% RUD t The Council reviewed the City Attorney's letter establishing
the amount of property necessary to build on without a variance.
The Council agreed with the rule.
MAINTEXANCEMAN: Ken Carroll is now a full-time permanent employee. His
probation was up October 29, His salary will be raised to the
post -probation figure. The Council agreed.
911 PLAN: Armstrong moved, seconded by Morgan, that the City has no
objections to the County's 911 Plan. Motion carried 5-0,
CITY HALL WINDOWS: Elmer Richert has asked for the old Ci.•ty Hall windows.
Mottaz moved, seconded by Pott, to give Elmer Richert the old
City Hall windows, as they have no value to the City. Motion
carried 5-0,
BATTLE CREEK PLAN: The requested changes have been made, Mottaz questioned
what area of Lake Elmo is involved, No hearings have been held,
The Administrator will check and see if Lake Elmo should be
included.
NATIONAL EDUCATION WEEK: Armstrong moved, seconded by Mottaz, to proclaim
November 12-16 National Education Week. Motion carried 5-0.
ANNOUNCE NTSt Meeting November 12 - Arlen F,rdahl - Rochester, Mn.
CABLE TV: The Administrator is attending a meeting November 9 on Cable
TV. Alternatives for service areas will be discussed. Ile will
have sample ordinances as soon as they become available.
AG PRESERVATION BILL: Hearing on this bill will be held December 4. the
same evening as the Council meets, The Administrator will send
written comments from the City Council and request they be made
a part of the hearing record. Johnson suggested Rep. Levi be
sent a letter and asked to attend the hearing,
LAKE ELMO 0I17 COUNCIL MEETT.NG, NOVEMHER 61 1979
-7-
]OPWY GRANT WORKSHOP: The Administrator will attend this workshop. The
City may be elibible for a grant to study and solve related
energy problems.
DEMONTREVILLE PARK WALKWAY: Morgan is meeting with Derrick November 7
on this.
DRAINAGE .EASEMENT VACATION -. DEMONTREVILLE HIGHLANDS 5tb ADDITION:
The DNR wants to purchase the rearing pond end the easements
through lots 11 2, 5, and 6 in the 5th Addition. Derrick
is requesting the City vacate their drainage easement rights
so the DNR can buy the property. The state wants the rearing
pond end use the easements to back up the water from the pond
when necessary. The Administrator reviewed a letter from the
state saying they will reserve the City's drainage rights
and will cause no further obstruction in that area. The Council
has reservations concerning vacation of these easements. The
Administrator will send a letter to the state and ask if they
would consider a long term lease.
Armstrong moved, seconded by Mottaz, to set a Public Hearing
for Drainage Easement Vacation in Demontreville Highlands 5th
Addition, for December 4. 1979, at 8 p.m. Motion carried 5q0.
Armstrong recommended costs for this vacation be sustained by
the petitioner.
PARK SHELTER: Morgan got two estimates for specs on the park shelter.
One is for $19000 and the other is $200 with consultation billed
at $13.50/hr.
Armstrong moved, seconded by Mottaz, to accept th,e $200, plus
$13.50/hr estimate to d raw up the architectural plans for the
park shelter. Motion carried 5-0,
TAX EQUIVALENCY PROGRAM: Morgan explained the tax equivalency program
-as it relates to the Regional Park. He would like the City
to ask the County for an accounting of this program, and see
if Lake Umo is receiving its fair share. The Administrator
will contact the County and request an accounting.
CIVIL DEI NSE: The Administrator will contact Don Mehsikomer and check
on the status of the Civil Defense Program.
SKI TRAIL: Johnson moved, seconded by Morgan, to pass Resolution 79-51
stating the City will operate a cross-country ski trail in
Sunfish Park and apply for a DNR grant. Motion carried 5-0.
TRAIL GROOMING: The County has purdhased a trail groomer and has agreed
to groom the City's cross-country ski trails at the rate of
the grant reimbursement. The cost to the City would be $1.70
per hour (10% of total).
Morgan moved, seconded by Armstrong, to have the City enter
into an agreement with Washington County for grooming ski
trails once a week, for approximately two hours per week.
;orrection 11/20/79 - based on the rates the DN.R reimbursed the City for. Motion
slete-based on the rates th(arried. 5-0.
M reimbursed the City for.
CITY OP LAKE ELMO CITY COUNCIL MMrTa:NG, MOVEMBER G, 1979
ENERGY AUDITS Johnson suggested the City compile the costs
the .Energy Audit run when the Pare Ball Addition
put together a small grant for reimbursement of
costs.
PROJ.TAICTS 1003 and 1004: Council reaction to
Valley Branch Watershed District
Armstrong agreed that Oakdale was
concerning the Emergency Funds fe
for the 3M project. Lake Mmo is
with no guarantees from VBWD and :.
communities,
involved in
was built; and
ome of these
the October 22 meeting with
nd Oakdale — Mottaz and
not goinb, to do anything
Lake Mmo or petitioning
not willing to risk $450 000
o cooperation from contributing
3M is unwilling to risk any money unless they can see what they
are getting. They are not willing to finance the Preliminary
Fund, Their grant has t be for a specific improvement.
The Administrator sugge
$200,000 to acquire the
more willing to help on
the City more confident
and is willing to order
a project for $2009000,
would go, and it could
3ted the District take step 10 invest
storage site, Then:: the City may be
the subsequent steps. This may make
the :District wants to solve the problem
a project, If the District develops
the City felt the project
?etition for the rest,
Mr. Dornfeld requested two representatives of, each Council got
together and work this out, Tom Armstrong and Larry Whittaker
will be Lake Mmols representatives.
The majority of the Council agreed that if the District would
invest up to $2000000 in the project, and 3M would offer a
grant,the City would petition for the rest.
The Administrator will write Valley Branch and 3M telling
them what the City intends to do and then inform 3M the City
expects them to enter into the project once VBWD orders it.
ADJOMUOMTt Mottaz moved, seconded by Johnson, to adjourn at 11:30 P.M.
R 79-SA
RESOLUTTUN.
City of .Lake Elmo
A Resolution Approving Construction and Maintenance
of Ski Trails
WHEREAS, the City Park Advisory Committee has recommended
to the City Council plans for cross-country ski trails.
NOW, THERRFORE, BE 1T RESOLVED by the City Council of the
City of Lake Elmo that the recommendations of the Park
Advisory Committee be approved and the construction and
maintenance of cross-country ski trails in the Sunfish Lake
Park is hereby ordered. The said ski tra.11s shall be contained
entirely within the boundaries of the City property known as
Sunfish. Lake Park. The said ski trails will be constructed
and maintained by the City through its City employoes and
volunteers.
BE i`.[' FURTHER RESOLVED0 that the Mayor and Clerk are hereby
authorized to proceed with application to the Minnesota Depart-
ment of Natural Resources Minnesota Trail Assistance Program
for funds through their grant -in aid program.
t.
Adopted by the City Council this L day of November# 1979,
Q))
Mayor C
AT'' EST %
C \�
Clerk