HomeMy WebLinkAbout07-01-80 CCMLAKE ELMO CITY COUNCIL MEETING, JULY 1, 1980
Mayor Armstrong called the meeting to order at 7:30 p.m.
Councillors in attendance: Mottaz, Pott, Morgan. Also, Administrator
Whittaker,
AGENDA: Additions: Council Reports -- Jamaca Avenue Gate and Reid Park.
New Business Levy Limit Base, IMCA, North Star Chapter/
Building Inspectors Conference, Fees for Sign Permits, and
Resolution on Water Level Policy.
Morgan moved, seconded by Mottaz, to approve the agenda as
amended. Motion carried 4-0.
MINUTES: June 3, 1980 - MSA Project - To read "Mottaz moved, seconded
by Armstrong, to adopt Resolution 80-34A ordering the final
plans and specifications....."
Armstrong moved, seconded by Morttaz, to approve the minutes
of June 3, 1980, as amended. Motion carried 4-0.
June 17, 1980 Pott moved, seconded by Morgan, to approve
the minutes of June 17, 1980, as submitted. Motion carried
4-0.
CLAIMS: Morgan moved, seconded by Armstrong, to approve Claims 80392
thru 80431. Motion carried 4-0.
TELESQUIRT BIDS: The Council reviewed the bid tab sheet. Low bidder
on the complete unit was International Harvester with General
Safety Equipment Corp, of St. Paul. The Administrator
recommended that the Council :accept the low bid of $117,676,
and requested he and Councilman Pott be authorized to determine
whether an International Harvester or a Caterpillar engine
should go in the truck. The International engine is a
heavier engine and is an additional $500.
Mottaz moved, seconded by Armstrong, to accept the low bid
from International Harvester and General Safety Equipment
Corp. for a maximum of $117,676, and authorize Councilman
Pott and Administrator Whittaker to negotiate which engine
is best suited for the truck. Motion carried 3-0-1. Morgan
abstained. Morgan stated he abstained because this expenditure
is $40,000 over the budgeted amount.
MAINTENANCE BUILDING: The Council reviewed the bids for the Maintenance
Garage. Low bidder for a 4 bay building was Acton, at $144,870,
and for a 5 bay building, Steele at $163,450.- The 5 bay
building, with alternates 2 and 4, plus the 11% architect fee
will be about $6,430 over the budgeted $175,000. Wes Hendrickson,
TKDA architect, submitted an estimate for inspection services
which would run an additional $3,000 to $4,500. Mottaz and
Pott feel these inspections should be included in the archi-
tectural fees of the contract. No inspections are provided
for in the contract. The Building Inspector feels he can
handle a portion of the inspections.
Mottaz moved, seconded by Armstrong, to accept the low bid
from Steele, for a 5 bay Maintenance Building, including
alternates 1 and 2. Discussion:
R--80-• 40
RESOLUTION
CITY OF LAKE ELMO
WASUINGTON COUNTY, MINNESOTA
A RESOLUTION 11CCEP'.I.'ING TEE FINAL PLANS AND SPECIFICATIONS
FOR MSA PROJECT NO. 1, AND ORDERING THE ADVERTISEMENT FOR
BIDS.
WHEREAS, the City Council of the City of Lake Elmo, after
notice duly given in accordance with chapter 429 of the Minnesota
Statures, held a public hearing on May G, 1980, and continued it to
May 20, 1980, to consider the construction of the following street
improvements, 4:5th Street North from Jane Road North to Julep Avenue
North, Julep Avonuo North from 45th street North to 47th Street North,
and 47th Street North from Julep Avenue North to teats Avenue North;
and,
WHEREAS, it appears to the City Council that it would be in
the best interest of the City and of the property adjacent to said
streets to proceed with said improvements; and,
WHEREAS, the final plans and specifications prepared by the
City Engineer meet the requirements set forth by the City Council;
NOW, THEREFORE, I3E IT RESOLVED, by the City Council of the
l City of Lake Elmo, Washington, County, Minnesota, that:
The plans and specifications prepared by the City Engineer
for such improvements, copy of which plans and specifications are
attached hereto and made a part hereof, are hereby approved and shall
be filed with the City Administrator; and,
The City Administrator shall prepare and cause to he inserted
in the official newspaper and in the Construction Bulletin an adver-
tisement for bids upon the malting of: such .improvements under such
approved plans and specifications; and,
The advertisement shall be published as required by law,
shall specify the wort: to be done, shall state that bids will be opened
and considered by the City Council at 1.0 o'clock a.m. on July 25th, 1980.
ADOPTED, this the lst day of July, 1980, by the City Council
of the City of Lake Elmo, Washington County, Minnesota.
ATTEST:
SIGNED:
--
F:omas G:-Armstrong, Mayor
R-80-41
RESOLUTION
CITY OF' LAKE ELMO
WASHINGTON COUNTY, MINNESOT'A
A RESOLUTION ACCEPTING A FEASIBILITY REPORT OI4 THE
PUMPING OF THE FLOOD WATERS OF LEGION POND TO LAKE
ELMO AND CONFIRMING HEARING ON THE FEASIBILITY
REPORT.
WIIEREAS, several septic tanks that serve property
along Legion Avenue are under water as a result of the
high water on Legion Pond; and,
WHEREAS, several homes along Legion Avenue are
threatened by high water on Legion Pond; arid,
WHEREAS, the most cost effective remedy to the
high water in. Legion Pond appears to be pumping the flood-
waters to Lake Elmo; and,
WHEREAS, the City Engineer reports that the project
is,,feasible; and,
WHEREAS, the floodwaters on Legion Pond are creating
a public health and safety hazard:
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Lake Elmo, Washington County, Minnesota,
that:
The City Council hereby accepts the Feasibility
Report on pumping the floodwaters from Legion Pond into
Lake Elmo with City pumps and irrigation pipe; and,
The City Council confirms the public hearing on the
feasibility of said project for July 8, 1980, at 7:30 p.m.
in the City IIall, of the City of Lake Elmo.
ADOPTED, this the lst day of July, 1980 by the City
Council. of the City of Lake Elmo, Washington County, Minn-
sota.
SIG14ED :
e
ATTEST': ma`Tos G. Armstrong, Mayor
LAKE ELMO CITY COUNCIL MEETING, JULY 1, 1980
-2-
MAINTENANCE BUILDING: Wes Hendrickson said the City could award the
bid and hold the construction start date until the inspection
question is resolved. Morgan and Pott feel a bottom -line
figure must be determined before any bid can be awarded. The
Council agrees on a 5 bay building, but opposes any additional
inspection cost.
Armstrong suggested the Building Inspector handle Certificates
of Payment, Change Orders, etc., Color and Material Schedules
and the General Construction Inspection. Administrator
Whittaker recommended authorizing up to 75 hours of inspections
for TKDA.
Motion failed 2-2. Pott and Morgan opposed. The Council will
review the TKDA contract for the next meeting. They also
requested all architectural and engineering fees, to date,
be available.
Armstrong moved, seconded by Mottaz, to include the Maintenance
Building on the July 8, 1980 agenda. Motion carried 4-0.
FEDERAL LAND COMPANY, CONCEPT PLAN FOR COUNTY 19 AND HIGHWAY 12 (I-94):
Mr. Martin Colon introduced Mr. Carl Dale who reviwed the
concept plan for the Council. Mayor Armstrong stated the
Council cannot consider approving a concept that calls for
sewer, since no guarantee can be made that it will be available
before 1990, if then. The only proposal that conforms to the
Comp Plan is the shopping center. The Council suggested that
the concept presented could serve as an over-all proposal of
what the area might look like when sewer becomes available.
The Council recommended Mr. Colon redraw the plan and address
only that use which can be handled by an on -site disposal
system.
The Council did not feel extending the commercial area back
1/2 mile at this location would create any problems. Mr. Colon
will come back with a revised plan.
SHORELAND AMENDMENT; Pott moved, seconded by Armstrong, to adopt Ordinance
7916, amending Shoreland Ordinance 7908, per the Planning
Commission recommendation. Motion carried 4-0.
OLD BUSINESS: A. Resolution'80-40 - MSA - Armstrong moved, seconded
by Morgan to adopt Resolution 80-40, accepting the final plans
and specifications for MSA Project #1 (45th, Julep, 47th),
and authorizing the Administrator to take bids. The bid
opening will be July 25, 1980, at 10 a.m. Motion carried 4-0.
Morgan moved, seconded by Armstrong, to hold a special meeting
July 29, 1980, at 5:15 p.m., to award the MSA Project #1 bid.
Motion carried 4-0.
B. Resolution 80-41 - Le ion Pond - Morgan moved, seconded
by Mottaz, to adopt Reso ution 0-41, accepting the Feasibility
Report on pumping Legion Pond, and confirming the hearing for
July 8, 1980, at 7:30 p.m. Discussion:
The Council discussed the type of pump (diesel vs City) to use.
To keep the cost of the project down the City pump will be used.
No easements have been secured. The City Attorney will contact
the property owners about easements.
LAKE ELMO CITY COUNCIL MEETING, JULY 1, 1980
-3-
Legion Pond: The Engineer will have a response from the agencies
requiring permits, by;the public hearing. The Administrator
( will check the depreciation to the City pump after 700 hours
of use. Motion carried 4-0.
C. Cost Estimate Conservancy Regulations and WPC 40 -
Armstrong moved, seconded by Mottaz, to authorize expending
$240 of Metropolitan Planning money to have the Planner
complete the Conservancy Regulations. Motion carried 4-0.
D. Pipe Bids - Valley Branch accepted the Did from Russel Rezin
and Son to purchase 1,020 ft. of pipe.
Pott moved, seconded by Mottaz, to accept the proposal, per
Valley Branch Watershed, from Russel Rezin & Son, Inc., for
purchase of 1,020 ft. of pipe with the City receiving its
proportionate share (10%). Discussion:
The Council discussed retaining its share of the pipe. Maynard
Eder explained why Valley Branch retained a portion of the
pipe (the price offered was too low). Between Valley Branch
and the City 2,000 ft. of pipe will be retained. Motion car-
ried 4-0.
E. Civil Defense Director - The Administrator reported that
the Superintendent of District 834 felt the School Board
would approve the use of Oakland Jr. High as a storm shelter
for Cimarron residents. The County Civil Defense Director
will verify that the school can be used for this purpose.
F. Sirens - Cimarron indicated they will pay half the cost
of a siren if the residents pay the other half; the cost
being approximately $3.00 per household. A poll of the residents
is being conducted on this. The City has received no response
from Tri-Lakes. The Administrator will contact Cimarron
after he receives a definite response from the School District.
G. Seeler Land 'Sale - The Council reviewed the offer from
Mr. Seeler to se the City his property for a price of $37,900.
Mottaz moved, seconded by Morgan, to have the Administrator
officially refuse Mr. Seeler's offer. Motion carried 4-0.
H. Lions Park Tennis Courts - Next meeting
I. Animalsat Large Ordinance - Armstrong moved, seconded by
Mottaz, to adopt Ordinance 7917, Animals at Large. Motion
carried 4-0.
COUNCIL REPORTS: A. Reid Park - The Administrator reported that the
First Nationa Ban of Stillwater has accepted the offer
from Mr. Peter Schiltgen for the Reid Property. To date,
no official letter has been received declining the City's_
offer. The Council instructed the Administrator to present
an official offer to Mr. Schiltgen; if the offer is refused,
the City will initiate condemnation proceedings to obtain
the property for Reid Parka
B. Jamaca Avenue Gate - Morgan feels the Council is going
to have to decide whether this road be permanently opened or
closed.
R-80-42
RESOLUTION
CITY OF 'LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
WHEREAS, Lake Elmo (lake) and Tartan Park have had
excessively high water levels on several occasions in the
past few years; and,
WHEREAS, these excessive levels have caused property
damage, threatened or damaged some on -site septic systems,
and caused hardship and inconvenience for a number of pro-
perty owners; and,
WHEREAS, the City expects approval from the Minnesota
Department of Natural. Resources, Valley Branch Watershed
District, and Washington County, to store storm water on
Eagle Point Lake;
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of Lake Elmo that:
1. The City of Lake Elmo will encourage the Valley
Branch Watershed District to vigorously pursue the Construc-
tion of an outlet to Horseshoe Lake so that excessive water
I.evel.s do not cause the backup of water. into Tartan. Park
and Lake Elmo (lake); and,
2.. The City will cause the outlet/of Lake Elmo (lake)
to be clean to the invert level at all times. This will be
accomplished, primarily by detailed inspection and maintenance
in Early Spring, Mid --Summer., and Late Fall of each year; and,
3. Wherever the level of Lake Elmo is above the
invert, water will be detained upstream from Lake Elmo within
the guidelines established by the Minnesota Department of
Natural Resources, Valley Branch Watershed District and Wash-
ington County.
ADOPTED, this the 1st day of July, 1980, by the City
Council of the City of Lake Elmo, Washington County,
Minnesota,
SIG ED:
TBomas/G Armst'rong, Mayor
A TEST
Alu
Laurence E. GI itta er
City Administrator
LAKE ELMO CITY COUNCIL MEETING, JULY 1, 1980
-4-
JAMACA AVENUE GATE: The gate was a compromise for the Police and
Fire Departments, but has become a major maintence problem
for the City. The Council generally agreed that Jamaca
l Avenue should be closed to Lake Jane permanently. Before
official action is taken the Administrator will contact
the Police and Fire Departments.
C. Resolution 80-42 - Water Level Polic - The Council
reviewed Councilman Pott s proposed resolution setting a policy
to control water levels on Lake Elmo, Eagle Point, and Tartan
Park, within the limits of the DNR Permits.
Pott moved, seconded by Morgan, to adopt Resolution 80-42,
A Resolution establishing a policy on lake levels. Motion
carried 4-0.
NEW BUSINESS: A. 33rd Street Lane Improvement - The City has a com-
plaint from Mr. Kova chi that
the entrance to 334d St. Lane
of 33rd Street is in poor condition. This is a graveled
section about 20 ft. long. The Council recommended the City
Crew patch the holes and agreed to have Schifsky oil the area
at a cost of less than $50.00.
B. Lake Jane Access - The DNk is improving their access to
Lake Jane. The State is exempt from the City's Shoreland
Permit requirement. Valley Branch has required that the
DNR remove an amount of dredge equal to the gravel they put
in.
Mottaz feels that the City will soon have to develop a policy
restricting the use of City lakes for boats, motor size, etc.
By the number of parking spaces provided at this accessi the
DNR is exceeding its own guidelines on the number of boats
Lake Jane can handle, not considering the boats owned by
residents on the lake.
Due to Lake Elmo's proximity to the Twin Cities, and because
of the restrictive use of boats on lake there, Lake Elmo is
going to get more and more pressure for use of boats on its
lakes by people outside the City. Councilman Mottaz feels
Lake Elmo residents should be made aware that these public
accesses are being placed on the lakes and consideration now
be given to imposing limits on lake uses before the situation
gets out of hand.
The DNR rejected Lake Elmo's Surface Water Ordinance because
it limits water skiing only. The Council instructed the
Administrator to write the DNR, noting they are in violation
of their guidelines on boat limits for Lake Jane, and request
how these limits were determined. Lake Elmo protests these DNR
figuresp asks how .they determine present and.increased usage
nfe.the:-.lake,
C. Administrator's Vacation - Week of July 14, 1980. Council
agree .
D. Fire roof File - Armstrong moved, seconded by Mottaz, to
authorize 190 to purchase a fireproof file. Motion carried 4-0.
LAKE ELMO CITY COUNCIL MEETING, JULY 1, 1980 -5-
E. National League of Cities - No interest
F. State Planning Forum No interest
G. New Depository Northern Federal 'Savings
Pott moved, seconded by Morgan, to authorize 'Northern Federal
Savings as an official depository for the City of Lake Elmo.
Motion carried 4-0.
H. Budget Calendar - The Council agreed to continue with the
job descriptions used last year. Salary recommendation
guidelines will be handled at the next meeting.
I. Regional Park Artie Schaefer - The Council agreed to
invite Artie Sc aefer, County Commissioner, to the July 15,
meeting. The Council will discuss the Regional Park, EMS,
and Youth Service Bureau Subsidy. The cutting of trees on
County property by residents will also be discussed..
J. DeMontreville Access - The. Administrator presented a
proposed access an par ing area to Lake DeMontreville.
The DNR is willing to purchase Lot 6, DeMontreville Highlands
5th Addition, with the parking lot being to the north. The
access would be directly across from this. If the County
would agree to move DeMontreville Trail north and west the
parking lot and launch could be on the same side of the road.
The Administrator has sent the County a letter to this effect.
The Council agreed with the proposal.
K. Eagle Point Dike - Pott suggested raising the dike to hold
more water on Eagle Point while Legion Pond is being pumped
into Lake Elmo.
Morgan moved, seconded by Pott, to increase the height of the
Eagle Point dike to store an additional 70acre feet of water
to compensate for the 70 acre feet being pumped from Legion
Pond. Motion carried 4-0.
Morgan moved, seconded by Armstrong, to appropriate $20 to
purchase a lake level guage for Lake Elmo. Motion carried
4-0. The City crew will install the gauge and locate it so
that daily reading can be taken.
L. Levy Limit Base - The Administrator asked the Council
to consider raising the City's levy limit base. The Council
expressed no interest.
M. Building Inspectors Conference - Mottaz moved, seconded
by Armstrong, to appropriate up to $100 for the Building
Inspector to attend the annual North Star Chapter of Building
Inspectors Conference. Motion carried 4-0.
N. Sign Permit Fee - Gary Harty is requesting a variance to
place a yard sign on the ground in front of his office at
( 11051 Stillwater Blvd. (Reimenschneider's across from school).
The Ordinance requires that yard signs be three feet off
the ground to allow for mowing underneath. This sign will
sit flat on the ground. The City must also adopt a Resolution
setting a fee for sign permits. The Administrator will draft
it for the next meeting.
LAKE ELMO CITY COUNCIL MEETING, JULY 1, 1980 -6-
SIGN PERMIT FEE: Mottaz moved, seconded by Armstrong, to set $15
as the minimum sign permit fee. Motion carried 4-0.
Pott moved, seconded by Morgan- to grant a varinace from
the Sign Ordinance, to Gary T. Harty, 9454 Norell, Stillwater,
to place a yard sign on the ground at 11051 Stillwater Blvd.
The Council should consider modifying the Ordinance to include
this type of sign. Motion carried 4-0.
LICENSES: Morgan moved, seconded by Mottaz, to approve the following
licenses: Breheim Heating, 2487 E. 7th St. No. St. Paul, Mn.
and Rohl and Timm Excavating, 310 Arch Street, Hudson, Wi.
NATIONAL CONFERENCE - Administrator: Tabled
ADJOURNMENT: 11:00 p.m.
R-80-42
RESOLUTION
CITY OF LAKE ELMO
WASHING ON COUNTY, MINNESOTA
WHEREAS, Lake Elmo (lake) and Tartan Park have had
excessively high water levels on several. occasions in the
past few years; and,
WHEREAS, these excessive levels have caused property
damage, threatened or damaged some on -site septic systems,
and caused hardship and inconvenience for a number of pro-
perty owners; and,
WHEREAS, the City expects approval from the Minnesota
Department of Natural Resources, Valley Branch Watershed
District, and Washington County, to store storm water on
Eagle Point Lake;
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of Lake Elmo that:
1. The City of Lake Elmo will encourage The Valley
Branch Watershed District to vigorously pursue the Construc-
tion of an outlet to Horseshoe Lake so that excessive water
levels do not cause the backup of water i.nto Tartan Park
and Lake Elmo (Lake); and,
2, The Ci.ty will. cause the outlet,of Lake Elmo (lake)
to be clean to the invert level at all times. This will be
accomplished, pr.i..marily by detailed inspection and maintenance
in Early Spring, Mid -Summer., and Late Fall of each year; and,
3. Wherever the level of Lake Elmo is above the
invert, water will be detained upstream from Lake Elmo within
the guidelines established by the Minnesota Department of
Natural Resources, Valley Branch Watershed District and Wash-
ington County.
ADOPTED, this the 1st day of July, 1.980, by the City
Council of the City of Lake Elmo, Washington County,
Minnesota.
�SI?ED: (�
—c� a r /
T omas-Armstrong, Mayo
A TEST: /
Laurence E. Whitta er�
City Administrator
R-80-4.1
RESOLUTION
CITY OF LAKE ELMO
WASIII NGTON COUNTY, MINNESOT'A
A RESOLUTION ACCEPTING A FEASIBILITY REPORT ON THE
PUMPING OF T'HE FLOOD WATERS OF LEGION POND TO LAKE
ELMO AND CONFIRMING HEARING ON THE FEASIBILITY
REPORT.
WHEREAS, several septic tanks that serve property
along Legion Avenue are under wager as a result of the
high water on .Legion Pond; and,
WHEREAS, several homes along Legion Avenue are
threatened by high water on Legion Pond; and,
WHEREAS, the most cost effective remedy to the
high water in Legion Pond appears to be pumping the flood-
waters to Lake Elmo; and,
WHEREAS, the City Engineer reports that the project
is,feasibleg and,
WHEREAS, the floodwaters on Legion Pond are creating
a public health and safety hazard:
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Lake Elmo, Washington County, Minnesota,
that:
The City Council hereby accepts the Feasibility
Report on pumping the floodwaters from Legion Pbnd into
Lake Elmo with City pumps and irrigation pipe; and,
The City Council confirms the public hearing on the
feasibility of said project for July 8, 1980, at 7:30 p.m.
in the City Hall, of the City of Lake Elmo.
ADOPTED, this the 1st day of July, 1980 by the City
Council of the City of Lake Elmo, Washington County, Minne-
sota.
SIGNED:
a
TTiomas-G. Armstrong, Mayor
ATTEST:
_CAAl�tvL ` .r.Cjd; cl
rence E WhittaTer, CCity Administra
CLAIMS TO BE APPROVED AT THE JULY 1, 1980 COUNCIL MEETING
80392
Dr. Raymond. Swanson - refund
$ 2.5.00
80393
Postmaster -- postage Pieter
200.00
80394
Washington Nat'l Ins. Co. - Hospitalization
372.82
80395
Lydia Richert _. Garage Rent
50.00
80396
Laurence Whittaker _. Expense
50.00
80397
Bruce Rosenau -- June Mileage
141.75
80398
Minn. Benefit Assn
2.6.40
80399
Commissioner of Revenue June State withholding
593.70
80400
State Bank of Lake Elmo June Federal it
1,341.40
80401
State Treas.-Soc.Sec.Contr. - June
1,165.54
80402
First Nat'l of St. Paul - Helmo Bond Pmt.
23,022.00
80403
Pitney Bowes •- postage meter rent.
45.00
80404
Mollie Hedges 6/2.4/80 newsletter
140.00
80405
,ash.Cty.Surveyor's - copies park bldg.plan
6.00
80406
L.C.Robinson - Fire Dept Survey
200.00
80407
St. Croix Tire Center - pickup tires
104.42
80408
Vern's General Trading Parts - Shop $ 23.98
Pump Parts 1.6.06
40.04
8.0409
Oakwood Animal Hospital
64.00
80410
Internat'l City Management •- Managing Fire Services
30.25
80411
Minn. Fire, Inc. - Fire Dep't Boots etc®
202.55
80412
Lake Elmo IIdw.Lhr._. Fire Dept red oak
134.61
80413
T.A. Schifsky - MC Mix
67.15
80414
Allied Blacktop - Seal Coating $ 5,694.00
Street Sweeping 1,512.00
7,206.00
80415
Wallace & Tiernan - 1 yr, maint. hater tower
327.00
80416
Mpls. Star - Fire Truck Bid
121.44
80417
Doug Beutel - replace stolen plate at ballfield
24.95
80418
Northwestern Bell
126.55
80419
Northern States Power
685.91
80420
T.K.D.A. - Maintenance Bldg. $ 13,621.68
M.S.A. 177.45
General. 70.00
13,869.13
80421
July 11, 1980 payroll. thru 80431
3,500.00
$ 53,883.61