HomeMy WebLinkAbout05-06-80 CCMLJUI R ELMO CITY COUNCIL MEETING, MAY 6, 1980
Mayor Armstrong called the meeting to order. at 6:30 p.m.
Councillors present: Pott, Novak, Morgan, Mottaz (605), also Administrator Whittaker
AGENDA: Additions — Engineers Reports Brockman Addition and Beutel Pond
Item A: ESP Right —of —Way Easement.
Armstrong moved, seconded by Novak to approve the agenda as amended.
Motion carried 4-0.
MINUTES: April. 1, 1980 — .hrmstrong moved, seconded. by Pott to approve the minutes
of the April 1, 19801 meeting with the following amendment — the motion
on the MSA project to read.... to adopt Resolution 80-20, to call a, hearing
on use of MSA funds to blacktop the remainder of 450 street.... I ........
Motion carried 4-0.
April 15, 1980 — Pott moved, seconded by Armstrong to table approval of the
April 15, 1980, minutes until May 20. Motion carried 4-0.
CLAIMS: Claim 80235 — Armstrong moved, seconded by Mottaz, to authorize this
amount, $2.1,238.00, be taken out of the Maintenance Equipment Reserve for
for the tractor—loader.—backhoe. Motion carried 5-0.
Claim 80243 — The .Admi_nistrator, asked the Council if they agree with the
cost to replace additional stakes on the Hedges property# other than those
removed for. the Irvin Court culvert. Mottaz stated the intent of his
motion was to replace all the stakes the Hedges requested. The Council
agreed this was the understanding.
Mottaz moved, seconded by Armstrong, to approve Claims 80229 thru 80271.
Motion carried 5-0.
AUDIT: The Council reviewed the budget expenditure and income audit to date.
Marilyn Banister will be at the next meeting toanswer any questions the
Council may have.
TKDA: Maintenance Garage: Wes Hendrickson presented cost:, estimates for 4 and 5
bay buildings. The 4 bay building falls within budget projections at $173,400.
He suggested the City bid the 5th bay as an alternate. Estimates for a 5
bay structure are $202,400. Other alternates include round drains vs
trenches, the breaksoom interior wall and .roof, and 3" jumbo exterior brick
vs painted block. The Council agreed the ,jumbo brick should be used as
part of the package rather than the block.
Armstrong moved, seconded by Mottaz, to authorize the Administrator to
advertise for bids for a 4 bay Maintenance Garage with alternates 0r a 5th
bay, trench floor drains, and break room enclosure.
Discussion: Morgan asked what additional costs could be expected, since
0200 has already been billed to the City for previous garage alternatives.
Mr. Hendrickson said the $5,200"would not be charged against the 11% for
this project and would be resolved outside of the current bid. IIe also
stated he is confident a 4 bay building, as proposed, can be built for $173,400.
`1'he 11% includes the bidding process. Motion carried 5-0.
The $51200 is a result of conflict of priority for budget (City) vs project
(TKDA). Payment of this additional $5000 was not resolved.
The bids will be ready to let on June 15.
LAKE ELMO CITY COUNCIL MEETING, MAY 6, 1980 -2-
LEGION POND: The Engineer did a field inspection of the area and reported four
residences are affected of the five abutting the pond. The water is
encroaching 20 to 50 feet into the back yards, affecting two septic
systems. Pumping to Lake Elmo would be the least costly solution.
An estimated cost for a pump, pipe, easements, and man hours would run
from $3,000 to $59000 by the time of assessment. This would be assessed to
benefited and contributing property owners. The Engineer indicated an
alternate site to pump to is a depression west of Legion Avenue and to the
south. This is about 1/2 mile away and would be more costly. Neither
alternative offers a permanent solution.
Audience: D. Collyard stated a solution is necessary.
Other residents suggested diverting the water away from the pond or
closing the culvert at the end of 30th Street.
Armstrong moved, seconded by Morgan, not to consider pumping, but authorize
the Engineer to spend up to $200 to determine an alternative means of
diverting the water away from Legion Pond. Motion carried 5-0. Novak
suggested the Engineer check to see if any water that should flow into
Downs Lake is going into Legion Pond,
HASELEY/HJELMGR N: Mr. Hjelmgven is requesting a rezoning from R-1 to GB, a variance
from the sewer setback, and residential use in GB.
A. survey of the property showed that the garage, present septic system, and
a small portion of the house are on City right-of-way. In order to Blear
up the title the City will have to vacate approximately 5 feet of right-of-
way. Ownership of the west 50 ft. is still being challenged. Hjelmgren's
have submitted a pore test and have adequate area in front of the house to
put the new septic system. However, they still need a variance from the
house setback to put in the sewer. The south side -lot could be used for
an alternate field if -the old well is capped.
Armstrong proposed vacating six feet of the street right-of-way, to solve
the encroachment problem and correct the legal description, but deny the
rezoning and other variances.
Mottaz moved, seconded by Pott, to approve the rezoning and variance requests,
but deny the vacation of the right -of way.
Discussion: Bruce Polo said the encroachment problem should be resolved,
either by vacation or by resolution stating the building is legally located
on the property, He does not see the need for the City to retain a 60 ft,
right-of-way on 35th Street since there is no plan to upgrade this street.
Mottaz asked if a garage should be considered the same as a house, since
the garage requires three of the five feet of the vacation.
Motion failed 3-'2. A 3/14 vote is necessary to rezone a parcel, Morgan
and Armstrong opposed,
Pott moved, seconded by Mottaz, to rezone the Haseley property from R-1
to GB. Motion failed 3-2. Armstrong and Morgan opposed.. Morgan opposed
the rezoning until the legal description is cleared up. At that time they,
can resubmit the request.
Armstrong moved, seconded by Morgan, to set a hearing to vacate six (6) feet
of City right-of-way on 35th Street in order to correct the title of the
Haseley property. The City will reserve easement rights for road and
utility purposes. Motion carried 5-0.
LARE ELMO CITY COUNCIL MEETINCT, MAY 69 1980 -3-
MIDLAND MEADOWS: Mottaz moved, seconded by Armstrong to adopt Resolutidr} 80-24, 1
j to extend the Preliminary Plat for Midland Meadows for one year,—Motiiin
carried 5-0.
MSA FEASIBILITY: Ehgineer Bohrer explained the proposed improvement, the cost, and
methods of payment.
Mayor Armstrong stated that no decision has been made and explained how
the City decided on this area and what MA funds are available, Lake E"lmo's
share of the project is $109200.
Audience:
Maynard Wier submitted a letter from his parents, Frank and Myrtle Eder,
opposing the improvement. Mr. Eder opposed the sacrifice of prime ag land,
the cost to his family and said the the blacktopping will encourage ad—
ditional speeding alond the road. He encouraged the Council to develop a
street plan for the City before improving these streets. Iie is opposed to
the curved corners and recommended they remain 90e with stop signs at
each corner to deter speeding. Engineer Bohrer stated that, since there
are no intersections planned along this section of road, curved corners
are required by State regulations.
The City also received a letter of opposition from John Bercbens. Mrs.
Berchens expressed concern about access to their farm fields. She was
under the impression farm equipment could, not travel on blacktopped roads.
Engineer. Bohrer did not think there was any restrictions unless the
equipment had accessories that would dig into the pavement.
Primary concerns were the 66 ft. right—of—way, square corners, and the
assessment. It was suggested that the Northwestern Bell right--of—way
might be used for the .road,
Mayor Armstrong closed the hearing at 8:50 p.m.
I3igineer Bohrer will. take these concerns under advisement and the Council
will discuss his recommendations at the next meeting. A decision will
be made within 30 days,
STEVEN LARSON. Variance request for lot area, shoreland less than 1001, and 2
drainfield sites.
Mr. Larson purchased a lot at 8181 Hill Trail N. on September 7, 1979.
Under the new Ordinance the above variances are necessary in order for him
to obtain a building permit. The lot is 200000 sq. ft. He stated, that
before purchasing the lot he had the Building Inspector .review the parcel
and submitted a pare test as requested. Under the ordinances at that time
the Building Inspector indicated the lot was buildable, the pert test was
good and the area for septic was adequate. On this information, the
Larson`s purchased the lot. Be was unaware of any change in the ordinances.
They have submitted their plan to Valley Branch Watershed District, and
they foresee no problems within the flood plain. The Ehgi.neer said the
lot can provide 1,5 of the required two drainfield sites.
Audience:
S. Butzer — understood 'this lot was unbuildable. He stated problems exist
with septic in this area and questions if this will not add to them. He
advised the City to recheck the perc hold Mr. Larson used, as there was
standing water there this spring. He also questioned the location of the
well. The site plan indicated the well falls within the requirements of
the ordinance.
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LAKE ELMO CITY COUNCIL MEETING, MAY 6. 198o
_14—
STEVEfV LARSON: H. Zabrock — questioned the legality of a variance and adequate
road frontage. Armstrong explained the variance reg11lati.ons, Mr. Larson
1 has 185 ft. of road frontage,
B. Schumacher — feels three variances are too many particularly when
there is a question about the septic system.
J. Paulsrood — feels the City is setting a precedent; if they grant these
variances.
Councilman Mottaz expressed concern with septic system around lakeshore
property andalso asked about the low area on the property, Building
Inspector Rosenau proposed setting the beds near the surface and covering
them, with the intent to dry up and eliminate the problem of ponding in
the low corner. Mottaz would like for information on the location of
the two drainfield sites.
Novak asked if repositioning the house would allow for a, more desireable
placement of the drainfields.
Sirian Johnson — is concerned about fill over a drainfield. Ile is opposed
to any type of situation that would allow the possibility of central. sewer.
Mr. Larson stated he has adequate space for 2 fields per his engineer's
caluelations. He feels this is a hardship situation, since the lot will
be condemned to zero value if be is denied the variances.
Morgan stated the City has some obligation based on the :Building Inspector's
recommendations before the Larson's purchased the lot. He suggested the
Building Inspector and Mr. Larson get together and try to modify the plan
to satisfy all the concerns.
Armstrong moved, seconded by Novak, to continue the hearing until May 20,
at 8 p.m. Motion carried 5-0.
Larry Isdahl, architect for Larson, stated that the house could be moved
closer to the lake, thereby making the area for the second drainfield site
conform. Novak stated she would rather see the house set closer to the
road rather than the lake.
Pott recommended -that at the continuation, details on the two drainfields
be available and that the Administrator verify that this lot is equal to
the average of adjoining lots.
DEMONTREVI'LLE ACCESS: Engineer Bohrer reviewed the proposal to level and grade
120 lineal feet along the east shoulder of Demontreville Trail from the
public access north. This will provide parking space for four cars with
trailers. The purpose is to help eliminate the problem of cars parking
on the road and private property.
Audience:
H, Zabroek — opposed this improvement and feels improvement of this access
will create additional problems for property owners around the lake.
B. Garloff — presented pictures showing cars parked on both sides of the
road and damage that has been done, by oars, to front ,yards and mailboxes,
while launching boats here. She opposed the access and feels it creates
a, hazardous situation with cars and trailers blocking the road completely
while launching boats. `
LAKE ELMO CITY COUNCIL MELTING, MAY 6, 1980
-5-
DF]MONTREVILLE ACCESS: Several residents expressed the same concerns and oppositions,
D. 3bxprecht - suggested the City consider making the access a carry-over
launch only.
Because of the line of site in this area residents asked the Council how
they propose to resolve the problem of vehicles totally blocking the
road. They also proposed speed zone signs be posted. The Council was
also asked to eonsider closing the access entirelyv, and that "No Parking"
signs be posted on both sides of the road.
Morgan moved, seconded by Mottaz, to adopt Resolutiof1 80-25f equesting
Washington County to put up "No Parking" signs on both: §ides of
Demontrevi.11e Trail (from 50th Street to Highlands Trail to the north),
except in designated areas, and that speed control signs, 30 mph, (lower
speed around dangerous curves) be posted. Motion carried 5-0. The
Council will also request the County to improve the site line in this
area.
The Council will discuss a carry-over launch and access improvement at
the May 20 meeting.
DENNIS DENEENs Varinace request for side lot less than 101 and shoreland less than
100, -
Mr, Deneen has had his property surveyed. The neighbor to the east has
no objections. The addition to the house will be in front of the present
structure, Be still requests to put his garage 10 feet from the front
lot line, in order to;save a tree in his front ,yard,
Mottaz moved, seconded by Armstrong, to approve the variance for the side
lot set back for 51 ft; from the shoreland for less than 100 ft; and a
variance for the 10 ft, setback from the front lot line for the garage.
Motion carried 5-0. Mr. Deneen agreed to remove the old shed on the property.
The Council agreed that the road in front of Deneens in unlikely to be
improved and other structures in this area are 10 ft. from the front lot
line, therefore, they did not fell this variance request inappropriate.
ENGINEER'S REPORTe
A. Oace Road - Engineer Bohrer is securing bids for improving the turn-
around. The Oaces agreed to improvements including widening the road,
flattening the side slopes and clearing the cul-de-sac of trees and brush
for emergency vehicles. Residents generally agreed to all but clearing
the cul-de-sac, A pumper and tanker could not turn around under the present
cul-de-sac conditions,
The Council agreed that the area should be cleared to allow the minimum
clearance for fire equipment to turn around,
B. Brockman Addition - TKDA sent a letter to Brockman Addition developers
saying they must complete.the ditch improvements on the north side of High-
way 5 or. the City will do it. Mri/DOT has agreed to do the improvement
provided the City improves the existing outlet to the 36" culvert under
State 5, The Council reviewed the preliminary plant and drainage/ponding
improvements, Novak suggested they have changed the drainage by their
development, therefore, they should be responsible for correcting the
problem.
Morgan moved, seconded by Pott, to table any action on Brockman Addition,
Motion carried 5-0.
LAKE .lILMO CITY COUNCIL MEETING, MAY 6, 3.980
ST
ENGINEER'S REPORT: C. Hardy Drivewa - Mottaz moved, seconded by Armstrong, to
set a 30 day deadline for the Hardy's to accept the City's cash. offer.
Motion carried 5-0.
D. Beutel Pond.- All necessary permits have been secured.
Morgan moved, seconded by Mottaz, to submit this work to the County. to
be included under the County plan. Motion carried 5-0.
TABLYN PARK TENNIS COURTS: Morgan moved, seconded by Mottaz, to accept the low
bid from T. A. Schifsky for $219816. Motion carried 5-0,
The Council agreed to have the Building Inspector do all inspections and
is authorized to use the City Engineer if necessary.
PARK SHELTER. BIDS. Morgan moved, seconded by Armstrong, to accept the low bid from
George Siegfried for $259650. Motion carried 5-0.
COUNCIL REPORTS: Morgan.
A. Park Rentals - Morgan has reviewed the schedule and finals the fees
reasonable. He recommends people reserving the fields should be issued
a permit they can carry with them,to verify they have reserved the field.
Morgan moved, seconded by Armstrong, to adopt the fee schedule policy for
use of ballfields in Lake Elmo. Motion carried 5-0,
B, Commendation - Morgan moved, seconded by Armstrong, to adopt Resolution
80-2 , c� ommending Boy Scout Troop 1629 Lake Elmo/Stillwater Campfire Girls,
and two 4H Clubs for the work they did in Pebble and Sunfish Park. Motion
carried .5-0,
C. Park Trails - Morgan recommended just moving the trails in West Sunfish.
He will line up the contractors for Tablyn and Pebble Park, and organize
a voluntary crew to brush cut Demontreville Park.
Mottaz -
A. &dMal Park - The Met Council is considering changing the designation
of the Regional Park Preserve to a Regional Park. This removes any limitations
o n use in -the park.
Armptrong moved, seconded by Mottaz, to instruct the Administrator to send
a letter to the Metropolitan Council strongly objecting to any change in
Regional Park Preserve designation. Motion carried 5-0.
B. Forester - Councilman Mottaz resigned as City Forester.
MISCELLANEOUS BUSINESS:
A. VBWD - Easement to VBW.D for Project 1005 - Tabled until May 20.
B. LICENSES - Morgan moved, seconded by Mottaz -to approve the following
licenses: Asphalt Specialties Co., 1900 (want Avenue S., Lakeland, Mn. 55043
Peoples Plumbing and Heating Co., 1148 Arcade, St, Paul, Mc. 55106
Jeanetta Ebtcavating, 4689 Geneva Avenue, North St, Paul, Ma. 55109
Thomas Rose, Excavating & Sewer Installer, Box 21, Afton, Mn. 55001
and deny a license for Brooman Blacktopping, 310 Maple St. Stillwater, Mn.
Motion carried 5-0. The Council denied the licence for Broehman Blacktopping
because he violated the City Ordinance by operating without a license,
put in a driveway without a permit, and violated road limit restrictions
without a variance. He can appeal this action by coming before the Council.
LAH ELM CITY COUNCIL MEETING, MAY 6, 198o -7-
MISCELLANEOUS BUSINESS: C. Zoning Ordinance Amendments -
/ Morgan moved, seconded by Pott, to adopt Ordinance 7910 amending the
l Zoning Ordinance and Mobile Rome Code. Motion carried 5-0,
D. Sign Ordinance - `fabled until May 20.
E. Bair Care Center - 3517- 3521 Lake Elmo Avenue - In 1974 this parcel
was sold and divided off as a tax parcel, with an agreement that they can
use the sewer system of the adjoining building. It is necessary for the
Administrator to sign the deed in order to record the contract for deed
or sell the property. In 1974 this was legal.
Novak said the City will be faced with many situations like this, and should
develop a policy to handle such situations on an over-all basis rather than
as each comes in. Different regulations will have to apply to this area
of the Old Village as opposed to new business areas.
The Council decided to -take no action on this matter until May 20.
F. Personnel Committee - Bob Wier has resigned as Foreman of the Maintenance
Department. The Committee is asked to consider alternatives, such as a
part-time in-house engineer who would be in charge of Public Works. A
meeting will be set up with the Personnel Committee.
NSP ROAD EASEMENT: The Tri-Lakes Association is trying to get natural gas into
that area. The City has a street easement between Lake Jane Trail and Deer
Pond Trail. They are requesting that NSP be allowed to use that easement
( for the gas line.
Pott suggested the City tell NSP it wants to see the details before giving
approval.
ADJOURNMENT: Mottaz moved, seconded by Morgan, to ajourn at 11:45 p.m.
CLAIMS TO BE APPROVED AT THE MAY 6TH COUNCIL MEETING
80229
Lake Elmo Student Council (school playground equipment)
4 1,000.00
80230
Lillie Suburban Newspapers, Inc. — legal publications
126.16
80231
Roberts Hamilton Co. — Fire Ball Kitchen sinks
199.34
80232
Lawson, Raleigh & Marshall — General Legal
2,747.00
80233
Treasurer — State of Minn. -- LAWCON refund, Demontreville Park
1,875.00
80234
Lake Elmo Oil General $ 295.42
Fire 98.88
394.30
80235
Carlson Tractor — Tractor Loader backhoe per bid (reserve sect?)
21,238.00
80236
Junker Sanitation
35.00
80237
Bruce Rosenau — April Mileage
110.50
80238
Oakwood Animal Hospital
144.00
80239
Vern's GTC Auto Parts — Battery
82.10
80240
Bruce Folz & Assoc. replace irons on Hedges property
227.00
80241
Allied Group Insurance Trust — Emp. Hosp.
96.44
80242
Minn. Benefit Assn.
26.40
80243
Mollie Hedges 4/22/80 newsletter
140.00
80244
First National Bank — Refunding Bond (Park) service charge
55.13
80245
Seefert's Interstate Towing — Fire Department
70.00
802/,6
I B M Office Machines — new typewriter
864.00
80247
Washington Cty. Surveyors Office — prints of Park Bldg. plans
20.00
80248
Washington Cty. Sheriffs 1st 1/2 police contract
28,938.00
80249
McCarthy Well Company — Water department inspection
29.50
80250
Eckberg, Lammers, Briggs — legal fees
140.00
80251
Rossow, Inc. — replace light at Pebble PARK
38.48
80252
Kathleen Crombie -- Planning sec'y
25.00
80253
T K D A General 487-99
Arch.—Mt.Garage 270.48
M.S.A. 4,137.50
Pass Thru 110.89
Parks 29.58
59036.4
80254
Northern States Power Co.
949.92
80255
Marcella Eischen April Janitor Service
33.o6
80256
Northwestern Bell
128.69
80257
thru 80259 — Federal, State & Soc.Seo. deposits
3,203.22
80259
thru 80271 May 16th payroll
4,000.00
$ 71,972.68