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HomeMy WebLinkAbout05-20-80 CCMLAKE ELMO CITY COUNCIL MEETING MAY 20, 1980 Councilman Pott called the meeting to order at 5:00 p.m. Councillors present: Novak, and Mottaz. Mayor Armstrong arrived at 5:45 p.m. Also present, Administrator Whittaker, Absent: Morgan. AGENDA: Delete - Resolution to Scouts. Additions - Engineer's Report - Mini -Audits and DeMontreville Access Right -of -Way Ordinance. Miscellaneous - Brick for Maintenance Building, Park Shelter_ Wotes,on Septic System and Ballfield Deposits for Little League Teams. Mottaz moved, seconded by Novak, to approve the agenda as amended. Motion carried 3-0. MINUTES: April 159 1980 - Novak moved, seconded by Mottaz to approve the minutes of April 15, 1980. Motion carried 3-0. May 6, 1980 - Mottaz moved, seconded by Novak, to approve the minutes of May 6, 1980. Motion carried 3-0. The Council agreed to clear the tapes on the Trapping Ordinance. CLAIMS: Additions - Bill Eder - $124*99 and Joe O'Brien Chevrolet - $89876.93 (1-ton truck). Mottaz moved, seconded by Navak, to approve Claims 80272 thru 803081 including the two additions. Motion carried 3-0- CABLE TV: Vikki Long, Minnesota Cable Board Representative, answered questions from the Council on service areas, exclusive franehises, school district boundaries and Lake Plmo's risks if thoy choose to do nothing at this time. The Administrator asked what has been decided concerning Comarron's request to construct an antennae. Ms. Long said a letter from their organization will be forthcoming. She did indicate the process to franchise cable TV' may have to be completed on the request, in order for Cimarron to do what they propose. Mottaz suggested Lake Elmo initiate no action to be included in a cable area at this time. The Council agreed. FIRE COMMITTED': Administrator Whittaker reviewed the findings and recommendations Cr the Fire Committee and explained their reasons necessitating the purchase of the tele-squirt truck. The Committee met with over-all agreement on tke proposed. plan. Mottaz moved, seconded by Pott, to delay action on the plan until Councilman Morgan can review the findings. Motion carried 4-0. Mayor Armstrong commended the Fire Committee members for their time and energy on the Committee. BUDGET, QUARTERLY REPORT AND 1979 AUDIT: Marilyn Banister reviewed the quarterly report and the 1979 audit with the Counoil. .Armstrong recommended the % Of monies expended be shown. The Administrator said the Reserves will have to be reassigned after the Telesquirt Truck bids are in. This amount should not be incorporated with the Reserves budgeted for the Maintenance Building. LAKE LZ240 CITY COUNCIL MEETING, MAY 209 1980 -2- MRS, RYAN: Inquired about the "junk" problem next to her home. The Building Inspector has sent a letter to Mr. Malone, and he has 30 days to clean up the area - or the City will take legal action. She also asked about open pumping of a septic system. The Administrator stated the Nuisance Ordinance prohibits this. Ryan's should contact the Building Inspector and/or Sewer Inspector to verify this when it is being done; the City can then issue a complaint. The Ryan's can also individually sign a complaint against the offender. They also expressed concern about the problems caused -by additional boat trafficedue to the access on Lake DeMontreville. Armstrong stated -the Sheriff will come out and utilize a residents boat when violations occur. TKDA. PEE - MAINTENANCE BUILDING: The Councils feels the greater portion of the $$59200 cost over -run should be absorbed by TKDA. As professionals, it is their responsibility to know the financial limitations of the client, and work within those limitations. Mottaz moved, seconded by Pott, to pay 209/6 of TKDA's $$4,284.18 architect fee. Motion carried 3-0-1. Novak abstained. Lake Elmo has already paid over $$19000 previously billed for architectural fees on this building. CLEAN UP DAYS: The scrap houling proved a worthwhile idea. Hours and identification of Lake Elmo residents posed the only minor problems. Longer hours, or Friday night hours will be considered for the next clean-up. Methods of identification also to be contemplated. All -in -all Clean -Up Days went smoothly. BROCKMAN LICERSE: Mr. Brockman appealed the denial of his license to operate in Lake Elmo. He stated he was unaware a license or permit was necessary and did not know he was in vblation of the load limits since he received verbal approval from the County. IIe stated the City did not inform him he needed a license and it was not his intention to goerate illegally in the City. The Administrator stated he thought either the homeowner or Mr. Brockman was notified of what permits were necessary before the work was done. Mayor Armstrong explained the license requirement and the City's position concerning such. In light of Mr. Brockman's explaination and the communication descrepancy, Mayor Armstrong recommended a license be granted. Armstrong moved,.seconded by Novak to grant a license to Brockman Blacktopping. Motion carried 4-0. The City will send a copy of the Ordinance with the license. HAIR CARE CENTER: Bill Stouvenal gave the background concerning the original sale date, the split of the parcel and the agreementon the septic system use. Parcel A is the beauty shop and is a separate parcel from the Hair Care Center, although they share an adjacent wall. Parcel B (hair Care Center) has a legal easement to use the septic system and drainfield of the building to the south (Pendleton Realty's old office). The Councils primary concern is the septic and drainfield. Mr. Stouvenal assured the Council the system is presently in good operating condition; and requests the City sign the deed in order that it may be filed. Mottaz moved, seconded by Pott, to authorize the Administrator to sign the deed .for. the Hair Care Center. Motion carried 1[-0. LAKE ELMO CITY COUNCIL MEETING, MAY 20, 1980 -3- PLANNING COMMISSION MEMBERS: The Council interviewed Scotty Lyall, / (Tri-Lakes area), Laura Frazer (Old Village), Vicki Gifford (Tri-Lakes area), and Birger Olson, (Cimarron) for positions on the Planning Commission. The Council will review all the applicants and notify them of their decision. LICENSES: Mottaz moved, seconded by Armstrong, to approve the licenses for the following: General Contractor - Futura housing Corp. 1.245 S. Birch Lake Building, White Bear Lake, Mn. 55110, and Solid Waste Hauler - Ron's Sanitation Service, 813 Mary St. N. Maplewood, Mn. 55119. Motion carried 4-0. ENGINEER'S REPORT: A. MSA Project 1980 - Engineer Bohrer reviewed the three concerms expressed at the hearing: 1) cost - City's share of the project 2) easements required for the curved corners, and 3) use of the road for farm equipment. Engineer Bohrer contacted the Highway Departments again. They will not approve a plan with 900 T-intersections with stop corners unless the City has a proposed intersection plan for the near future. Therefore, the amount of easement requested wills necessary. He also explained the alignment of the Moris and Eder driveways with the through street, The Administrator recommended the Council. base their decision on whether this improvement is necessary, If so, now is the time to initiate the project. The City Council agreed these gravel roads should be up -graded, with this project offering a reasonible cost to the property owners. Nottaz expressed concern with a State Aid collector road being constructed 1/4 mile east of the proposed County Collector 13. (The City has generally agreed to the location of proposed County 13 in the Comp Plan.) He also feels since the majority of the property along the improvement is owned by two families an equitable type of assessment is necessary, or the large asses- sment costs could promote development, X.proposal for a. per driveway assessment and/or benefit charge met with Council agreement. The Engineer stated that the costs discussed did not include easement costs. The Council further discussed road design and speed limits, Maynard Eder state, if necessary, his family would go to court to fight the curved corners; and suggested contacting a higher official in the highway Department with the sauare corner request. He also suggested extending 45th Street east and Keats south;" thereby eliminating one corner, This has been considered,, but the present roadbed would still remain and pose traffic problems. Farm machinery with iron wheels can travel. on the blacktop provided they have no protruding mechanismeq.'lugs, that might damage the blacktop. Pott moved, seconded. by Mottaz, to authorize the MSA Project to pave 47th St., Julep, and 45th St,, provided the State agrees to square oo.rners with stop signs, Discussion- The Engineer said he talked to the highest highway official; and, the next person in command would be. an elected official, LAKE ELMO CITY COUNCIL MEETING, MAY 20, 1980 m4_ MSA- Engineer Bohrer will approach the Highway Department again, but does not foresee them changing their standards. Pott said the City should begin with the people in the Highway Department they have dealt with and see if such a change can be negotiated. Motion carried 4-0. 9:1.5 Councilman Mottaz was excused. B, hion Pond - Engineer. Bohrer reviewed the suggestion to divere tNe water east of Legion pond. Be stated 2 1/2 feet could be diverted north to Outlot A of Elmo view Addition. Estimated cost would be $1600 with no easement costs included. There is adequate pipe and the City pump could handle pumping. The only place to put 30 to 40 acre feet of water is Lake Elmo. It would take 30 days, pumping 24 hours per day, to remove this amount of water, provided no rain falls during this period. This pumping would .raide the level of Lake Elmo ?.inches. Minimum cost would be $1500 per month. Armstrong does not believe diverting the water is a viable solution. Pumping offers no permanent solution and could establish a policy of yearly pumping. Tie is reluctant to place the City in this position, The Engineer said this situation is not comparable to Lake Jane® in that it is a watershed that has not changed over the years. No water is being diverted into it from another watershed nor is water leaving it. He feels, economically, fill is still. a reasonable solution. The Engineer will secure a cost estimate for a hydrologist to take a core sample from the pond and check on the connection between Legion Pond and Lake Elmo. C, Laverne Avenue Drainage - The Engineer determined that no damage wiTT--be donP�w.hter. back-up if a defined ditch is constructed. No increase of flooding is foreseen at the Intersection of 36th St, and Layton, the ballfield area or downstream. Estimated cost for a level survey, to determine the required ditching is $200 or less. Novak feels oosts for drainage'improvements should be shared by businesses or residents who benefit, She also reitterated her position that Brookman Addition should provide adequate ponding in their current development phase as well as constructing the ditch improvement, Pott and Armstrong agreed to table further discussion, D. Jibutel Pond w The City was unable to get this construction project done udder the County's proposal. It will, therefore, he a City project, The Council decided the City crew should proceed as planned. Armstrong moved, seconded by Novak, to authorize the City crew to proceed with the project. Motion carried 3-0. R-80- 28-A RESOLUTION CITY OP' LAKE: ELMO WASHINGTON COUNTY, MINNE;SOTA A RESOLUTION REQUESTING VALLEY BRANCEI WATERSHED DISTRICT TO UNDERTAKE CERTAIN IMPROVEMENTS IN THE CITY OF LAKE ELMO AND THE TOWN OF WEST LAKELAND WHEREAS, the City of Lake Elmo and the Town of West Lakeland and the County of Washington have petitioned the Valley Branch Watershed District for certain improvements in the City of Lake Elmo and the Town of West. Lakeland; and WHEREAS, said proposed improvements as set forth in said Petition are intended to alleviate additional flood damage in portions of the City of Lake Elmo: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. The City Council requests the Valley Branch Watershed District take the appropriate action requested in the Joint Petition of the City of Lake Elmo, the Town of West Lakeland and the County of Washington. 2. That a copy of this Resolution shall be delivered to the Valley Branch Watershed District along with the Petition as soon as said Petition can be executed by the City of Lake Elmo the Town of. West Lakeland and the County of Washington. Adopted by the City Council of the City of Lake Elmo this 20th day of May, 1.980. Thomas G. Armstrong, Mayor Attest: La ren 1 hiHtake.r City Administrator LAKE ELMO CITY COUNCIL MEETING, MAY 20, 1980 -5- E, Tennis Courts - The Engineer looked over the court area and determinet e surface would extend 25' over a bank, He will do the seven inspections and review the site plan and stake the courts for. $900 (5% of the total. project.) Morgan is opposed to expending this amount, The Council agreed to ask Tom Monette to do the inspections and have the Engineer do the staking of the courts; and the work Morgan asked him to do, P, Other - Mini -Audits - The State no 4ongercerttftes mini -auditors, TKDA is authorized to conduct these audits. Armstrong moved, seconded by Pott, to authorize TKDA to perform the required energy mini -audits for the City. Motion carried 3-0, DEMONTREVILLE ACCESS: The County .recommended Lake Elmo hire an enforcement officer, for three weeks in the spring, to help with the problems in this area, or adopt an ordinance disallowing use of roadway easement for other than roadway purposes. The Council is not in favor of such an ordinance at this time. Novak stated the launch area is presently a hazard and should be improved. David Garloff offered to head a committee of residents to study long range solutions to problems in this area. The -shoulder improvement should be- included -in the "No Parking Resolution", MAINTENANCE GARAGE: Armstrong moved, seconded by Novak, to send a letter to Minnesota Brick. and Tile stating Lake Elmo would like to reserve a shipment of jumbo brick until -the City awards the garage bids. Motion carried 3-0. This letter will not obligate the City to the brick purchase. OLD BUSINESS: A, Easement for Project 1069 - Pott move'9; seconc[ec-Fiy rmstrong, to grant Valley Branch Watershed District easement rights to pump water into Sunfish Park, conditioned upon the terms of the easement. Motion carried 3-0. .Petition 10'06 - Armstrong moved, seconded by Novak,to adopt_R-80-3 appro� ��ving the petition for Valley Branch Watershed District Project 1006, provided the wording be changed to indicate the maximum contribAion for the participating communities is 1.a.st�ed;- Motion carried 2-1. Pott opposed, Irrigation Pipe - Pott moved, seconded by Armstrong, to autFior�ze VVam 11ey Branch Watershed to sell the irrigation pipe the City purchased for Project 1005, The City is eligible for its share of the revenue. Motion carried 3-0. VBWD-Releaation - The City has no objection to Valley Branch relocatiriq in Oakdale. «• LAKE ELMO CITY COUNCIL MEETING, MAY 20, 1980 -6- B. Oakland�Sewer - No Action C, Sigri OrAnance A Armstrong moved, seconded by Pott, to adopt Ordinance f"ll,' regulating the use of signs in the City of Lake Elmo. Motion carried 3-0. PERSONNEL COMMITTEE: Will meet Thursday, May 29, at 7 p.m. (changed to 5 p.m. by agreement of the Council.) MISCELLANEOUS DUSINESS: A, Stillwater and. Oakdale Plans - Armstrong moved, seconded by-Pott., to confirm The Planning Commission position and comments on the Stillwater Oakdale Plans, and Washington County comments on our Comprehensive Plan. Motion carried 3-0. B. Nora C:on.fo34ning Structures m Armstrong moved, seconded by Novak to au+--tF�—rizze the Planning Commission to hold a hearing on an amendment to the City Code on non -conforming structures. Motion carried 3-0. C, Tax Abatement on NSP Property - Armstrong moved, seconceci'Ty Post. o wise tie""C tys' right to a hearing for tax abatement on NSP property. Motion carried 3•-0. D, Patti Homes - This business has changed ownership. The Councn wou d ike the new owners, Equity Homes, to come in and explain their operation, E, Park Shelter;- The bids did not include the sewer and watery connectaon, The Administrator was instructed to get quotes for this work. If the bids come in too high the City crew will do the work. The City crew will do the necessary trenching, F, Little..League - Armstrong moved, seconded by Pott, to waive Sze dean -up deposit for Little League. Motion carried 3-0. G. City Forester - The Administrator needs someone to sign permits to verafy diseased trees. No Council action. ADJOURNMENT; 11:45 p.m. CLAIMS TO BE APPROVED AT THE MAY 20th COUNCIL MEETING 80272 Postmaster - postage meter $ 200.00 80273 Void 80274 Government Training Center. -- Void, not enough enrollment 50.00 80275 Lydia Richert - May Garage Rent 50.00 80276 Laurence Whittaker. - May EApense 50.00 80277 Stillwater Book & Stationery 70.73 80278 Oswald Fire Hose- Fire Dept valve 158.00 80279 Kern's North Star 212.71 80280 C. Francis Oehlke - 4/9/80 snowplowing 108.00 80281 Four Seasons Services 41.35 80282 Clutch & U-Joint - Seal 6.96 80283 T.S.B. - Water Utility Bill preparation 87.50 80284 Lake Elmo Business Ass'n. - 1980 dues 25.00 80285 Tri Lakes Ass n - 1980 dues 7.50 80286 G. A. Meyer Mercantile - Fire Dep't $ 137.09 General 107.18 244.27 80287 Mollie Hedges - 5/13/80 newsletter 140.00 80288 Givens Inc. - keys 16.70 80289 Junker Sanitation - clean up days 1,560.00 80290 T. A. Schifsky - MC Mix 182..32 80291 Brockman Motors - Fire Dept truck repair 31.14 80292 R. H. Stafford - Wash.Cty.Treas. - 1/2-1005 Assessment 459.14 80293 Petty Cash 35.24 80294 Washington National Insurance Co. 372.82 80295 thru 80306 May 30th Payroll 3,800.00 $ 7,909.38