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HomeMy WebLinkAbout07-15-80 CCMMINUTES, Lake Elmo City Council Meeting July 15, 1980 —1— CONVENE: Mayor Armstrong convened the meeting a 5:12 p.m. with the following Councillors present: Mottaz, Novak and Pott. Morgan absent. Administra- tor Whittaker, Metro. Council Rep. Opal Peterson, Metro. Parks Open Space Commission Rep. Dick Carroll, and Charles Smith of the Metro. Council staff were also present. AGENDA: Armstrong moved, seconded by Pott, to approve the Agenda with the following additions; schedule the proposed use hearing for Federal Revenue Sharing; discussion of the Larson Variance; discussion of a trailer for the portable pump and the 1006 assessment formula. Motion carried 4-0. MINUTES: Mottaz moved, seconded by Armstrong, to approve the minutes of the July 1, 1980, City Council meeting as written. Carried 3-0-1. Novak abstained, as she was not present at this meeting. Pott moved, seconded by Mottaz, to approve the minutes of the July 8, 1980, City Council meeting as written. Carried /4-0. CLAIMS: Armstrong moved, seconded by Novak, to approve Claims 80432 through 80468. Carried 4--0-1. Morgan abstained as he had just arrived and did not have time to review the claims. FIRE TRUCK BIDS: Whittaker advised the Council that he had made an error in tabulating the bid of General Safety Equipment, as he had been told thmir bid for the "total" included $4,800 for an alternate cab, which the City did not order. In reviewing the bids, however, he found that the $4,800 was nbt included in the total; so the actual total for the fire body, pumps, and telesquirt was $94,693. He asked the Council _ to authorize a maximum for the chassis and body of $122,386 — an in— crease of $4,800 allowed under the previous motion approving; the bids. Mottaz moved, seconded by Armstrong, to amend the acceptance of the bids to reflect a total cost of $122,386.00. Motion carried 4 1. Morgan voting against. REGIONAL PARK RESERVE: The Council opened the discussion of the Park Reserve with Mrs. Peterson, Smith and Carroll. Dean McGowan, County Commissioner arrived shortly after the discussion began. Smith explained that the present plan would not be sufficient for a lark Reserve, as it does not contain provisions to restore and mange the natural habitats and vegetation. He said the plan would be acceptable for a Regional Park, as no preservation element is called for in a Park. He also said the Metro. Council staff had always considered Lake Elmo a Park, despite the fact that it had been sold to the -public and the City as a Park Reserve. He said there are other Parks as large as Lake Elmo that are not Park Reserves. I Armstrong said the City wants the level of developmentkeptto 20 %, re— f Minutes, Lake Elmo City Council July 15, 1950 —2— (Regional Park) gardless of the designation(Park or Reserve). In discussion, the Council concluded, however, that the designation of Reserve would make it more difficult to develop over 2Cf of the land, as the regional park plan would have to be amended as well as the development plan for the park. The more hoops required to change the designation, the more difficult to change the character of the Park Reserve. Smith indicated that, if the present development plan were adopted, the park would have only 20%, of the land developed. However, he admitted that it would be easier to amend that plan if the land were not designated a Reserve. Art Schaefer, Jr., Joe Fogarty, and Wes Scheel; County Commissioners; and Bob Lockyear, County Planner, arrived.at 5:35 P.m. Armstrong summarized the discussion to that point. Smith explained that Reserves are now limited to lands that have special geological or ecological characteristics; and that two other sites in Washington County were more appropriate; and other sites around the Metro. area had more ideal examples of the type of land forms in the Lake Elmo Park land than the Lake Elmo land has. Carroll, quoting policy 18 from the Regional Park Plan, said the present development plan, if approved, would be a 20 year plan. He said both the County and the Metropolitan Council would have to approve any change in the plan; and, with that, the 20% level of development would be fairly well assured. Smith said his first reaction would be to recommend the land be left as a reserve; and, indicated that it would get a very.low priority "ffor development funds. He said a restoration plan would be required before the plan is approved by the Metro. Council, then:. And, he said funds for an interpretive Center, for instance, would not be funded as quickly in a Reserve as they are in a Park. The Council encouraged the County to simply stabilize the park land; and let it restore itself. Lockyear said the Eagle Point Lake area was a very good wildlife habitat now; and should receive priority funding for an interpretive center. Carroll said accepting the Park designation with 20'1 development in the plan would tie the park down now; and enable a higher priority for development. Fogarty, in other comments, said the County Board had opposed acquisition of additional land for regional park facilities; and expressed his be— lief that, if a golf course were called for in the County recreation plan, the County would rather use land they already own in Lake Elmo than to buy additional land elsewhere. The Council said this is dust the type of "change ih the plan" they would like to prevent; amd con— tinued to request a Reserve status on the Lake Elmo land. Armstrong explained the City's concerns about the boat launch on Lake Elmo. Minutes, Lake Elmo City Council July 15, 1980 Ile emphasized that the City wants a carry—over launch, more limited parking, and launching limited to what Lake Elmo can handle. He said a City Ordinance would probably not provide enough protection and would be difficult to enforce with present resources. —3— Smith said it is DNR and M'btro. Council policy that the public should have the same rights as riparian o.vmers. He said they estimate a lake can handle about 1 boat per 10 acres; and that the parking area would be limited to that number of parking spaces. Fogarty said he would not like to limit the access to a carry —on as bass fishermen could not get on the lake. But, he would be in favor of limiting either motor size or speed, hours, and number of boats to control use of the lake. Schaefer and McGowan indicated later that they.dupport the City's position. Scheel did not offer a firm position. The group also discussed the expense of developing the beach and the north access to the park. Generally, after some discussion, the County Board Commissioners agreed that a siAglee access from the south would be acceptable. They remained concerned that people might expect a north access because they think Lake Elmo is centered on Hwy. 5 (212). Lockyear brought the Council up to date on the acquisition of the remaining park parcels. Other matters related to the park were not discussed. Youth Service Bureaus, EMS subsidies, and County tree removal were not dis— cussed, as the City Council had to break for dinner at 6:30 p.m. The City Council reconvened at 7:30 p.m. LOHMANN, SHORELAND PERMIT and commercial use of present launch site, Larry Bohver advised the City Council that the area was too steep for a safe launch, saying a slope of 1:6 was acceptable; and this launch is more like 1:3. He said all parking, now, would have to be on County right— of—way, as there is no off—street parking area on the lake side of Lake Elmo Avenue. He also said a blathtop mat from the street to the lake I' would be necessary to stablize the launch and prevent erosion. Boy Lohmann, owner of the land the launch is on, indicated that he has pemitted friends and family to launch boats at this location for 35 years with a maximum of 8 boats per week; and that they park on his lawn across the street. He said he has not charged on a regular basis. Mottaz said this launch is not as safe as Pierre's Pier because of the grade and the angle to Lake Elmo Avenue. Morgan said he understood there was no commercial launch at this site v. erthe Zoning Ordinance was originally ( adopted; and, therefore, there was no legal non-donforming use to "grand— father" in. The Council agreed that the line bf site to Lake Elmo Avenue, the parking, and the refuse collection should be improved no matter who launches boats at that location. R-80-•43 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING A PART OF BENNET AVENUE AND A PART OF ARGYLE STREET IN LANE'S DEMONTREVILLE COUNTRY CLUB ADDITION WHEREAS, at a regular meeting of the City Council of the City of: Lake Elmo, Washington County, Minnesota, held on January 2, 1980, a Petition was presented to the City Council praying for the vacation of certain public streets in the plat of Lane's Demontrevi.11e Country Club Addition described as follows: All that part of Bennet Avenue lying to the West of a Southerly extension of the West line of Lot 138 and all that part of Argyle Street, lying between a Westerly extension of the South line of Lot 342 and an extension of the Northerly line of Lot 325, and all of. Mac), Avenue in the plat of Lane's Demontreville Country Club Addition according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota; WHEREAS, said Petition came on for hearing before said City Council at a regular meeting thereof held on Tuesday, July 15, 1980 at 7:45 p.m. pursuant to Notice thereof published and posted as required by law; and WHEREAS, the City Council has reviewed this Petition with concern for the interest of the public; and WHEREAS, the streets proposed for vacation have never been opened or used for public streets and it is improbable there will ever be any public need for said streets; moreover, by vacating the same, the property will be returned to the taxrol.ls and will enhance the taxable value of all the lands abutting thereon of affected thereby; and WHEREAS, for the foregoing reasons, it appears to be in the public interest to vacate the streets described above; NOW, THEREFORE, BE IT RESOLVED, that the portions of Bennet Avenue, Argyle Street and all of Mack Avenue described 0 above in the plat of Lane's Demontreville Country Club Addition be, and the same hereby are, vacated. BE IT FURTHER RESOLVED that the Clerk shall prepare a Notice of completion of these proceedings which shall contain the name of the City, and the identification of the vacation, a statement of the time of completion thereof and a description of the real estate and land affected thereby. Such Notice shall. be presented to the Washington County Auditor who shall enter the same in his transfer records and note upon the instru- ment over his official signature the words "entered in the transfer records". The Notice shall. then be filed with the County Recorder, all as required by Section 368.01, Subdivision 25 of the Minnesota Statutes. Adopted by the City Council of the City of Lake Elmo this 15th day of July, 1980. TH_61i�a­s G. Armstrong, Mayor. ATTEST: _ce_VFF! t—t a k —er----- City Administrator -2- Minutes, Lake Elmb City Council July 15, 1980 (Lohmann Boat Launch) Don Durand, a neighbor and operator of Pierrets Pier, presented pictures of the concrete slabs already installed, a boat being launched, and the launch. Armstrong moved, seconded by Mottaz, to deny the permit to improve the launch; to instruct the Administrator to see to it that Mr. Lohmann removes the concrete slabs, as their instillation is a violation of the Zoning Ordinance; and to order all commercial boat launching stopped as this is also illegal under the Zoning Ordinance. Launching boats for friends or relatives for no charge is not a violation of the City, Code at this time' Don Durand stated that Mr. Lohmann had charged a fee to launch boats and was violating the Ordinance; that he did not pay taxes on the pro— perty as a commercial operation; that there is no toilet facilities, parking, or trash containers at the launch, and that Mr. Lohmann should not be allowed to launch anything besides fishing boats because Pierre's Pier is limited to fishing boats. Mottaz suggested that Mr. Lohmann post his property, 9Priv4e"l. The Council agreed that the City could not regulate free launching; but, that Mr. Lohmann could not charge and could not advertise a boat launch. The Council would like to see a barrier across the access so the public does not use the access. Armstrong withdrew the motion. Mottaz withdrew his second. Armstrong moved, seconddd by Mottaz, that the City should advise Mr. Lohmann by letter that commercial operation of the boat launch is prohibited by the Zoning Ordinance. Motion carried 5-0. Mottaz would like to see the access improved before anyone uses it. Armstrong moved, seconded by Mottaz, to deny the Shoreland Permit to improve the present access with concrete slabs. Grant Radinzel objected to the motion as he has launched boats there for years. The Council said he does not need the improvement for personal use of the access; and no commercial use is permitted. The Council voted 4-11 with Pott voting nay, to adopt the motion. The Administrator is to order the concrete cleaned out. No other limitations on personal use were made. The Council asked the Administrator to get the City Attorney's opinion on the legality of an ordinance restricting boat launching to riparian openers, for the next meeting. VACATION OF PARTS OF CERTAIN STREETS IN LANES DEMONTREVILLE COUNTRY CLUB: Mayor Armstrong convened the hearing at 8:22 p.m. Brain Crombie asked the Council why they wanted to vacate the streets. Armstrong explained that it will rid the City of unnecessary property, which we now have to insure and maintain. Minutes, Lake Elmo City Council July 15, 1980 -5- (Lanes Demontreville Vacations) There were no other comments from the public. After three calls for comments, Armstrong moved, seconded by Morgan, to adopt Resolution 80-43 , a Resolution Vacating parts of Bennett, Argyle, and Dempsey Streets in Lanes Demontreville County Club Addition. Motion carried 5-0. DERRICK LAND, SIMPLE LOT DIVISION OF LOT 8, Block 1, Demontreville Highlands 6th Addition: Whittaker read the Planning Commission recommendation. Mr. James Kugler, White Bear Soil Testing, reiterated his comments from the Planri ng Commission meeting, adding that the only limitation they might have to impose on the lot would be to limit the homes to four bedrooms. After considering a motion by Morgan to grant the subdivision with con- ditions, the Council decided the Engineer should assure the Council the lots meet the Code before voting on the subdivision. Armstrong moved, seconded by Pott, to put the matter on the July 29, 1980 Agenda. Carried 5-0. DEMONTREVILLE HIGHLANDS BOND REDUCTION: Armstrong moved, seconded by Mottaz, to ,adopt, Resolution 80-45, reducing the bond for public improvements in DeMontr.-evulrle Highlands in an -amount to be set by the City Engineer. Motion carried 5-0. The power went off at this point. JOHN HANNER, SHORELAND PERMIT FOR FILL at 8151 Hill Trail North: City Engineer, Larry Bohrer, reported that more than 30% of the lot was devoid of vegetation at the present time. He said some fill had already been placed below the normal ordinary high water mark. Hamner explained that he was trying to level the lot, the fill is not going into the lake bed proper, and that if the fill were spread evenly over his lot, it would amount to a depth of less than 22 inches. Mr. Hanner wants to place up to 300 yards of fill on Lots 790-797 and 858- 865 of Lanes Demontreville Country Club. Bohrer indicated that fill above 931 would not affect the lake; and the amount proposed to go below 931 was insignificant. Hanner indicated he wanted to fill so more substanital vegetation would grow on his lot. The Council agreed that the City needs a policy of filling below the normal high water mark for property that is not in the lake bed. Pott moved, seconded by Morgan, to grant a Shoreland Permit to Mr. John Hanner to place no more than 300 yards of fill on Lots 790-797 and 858-865 of Lanes Demontreville Country Club providing the ridge that separates the filled area and the lake is not disturbed; and provided that Mr. Hanner secures permits from the Valley Branch Watershed District and the Minnestoa Department of Natural Resources. Motion carried 4--0-1. Novak abstained. ENGINEER'S REPORT: A. LEGION POND: Bohrer explained that it would be fairly easy to secure permits to pump Legion Pond; but difficult to obtain a permit to dredge. R80-44 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING A FEASIBILITY REPORT ON LOWERING THE CULVERT OUTLET TO BEUTELS POND TO PREVENT FLOODING UPSTREAM AND ORDER- ING A HEARING ON THE FEASIBILITY REPORT. WHEREAS, several. septic tanks that serve property along Jamaca Court have been under water as a result of the high water on Beutels Pond; and, WHEREAS, several homes along Jamaca Court have been threatened by high water on Beutels Pond; and, WHEREAS, the most cost effective remedy to the high water in Beutels Pond appears to be lowering the culvert outlet of Beutels Pond; and, WHEREAS, the City Council, from past experience, be- lieves the project may be feasible and wants to promote rapid consideration of the Feasibility Study by the affected pro- perty owners; and, WHEREAS, the floodwaters on Beutels Pond have created 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 Engineer is hereby ordered to prepare a Feasibility Report on lowering the culvert outlet to Beutels Pond, acquire the necessary permits and easements, and estimate the costs to those to be assessed, and, A public hearing on the feasibility of said project is hereby scheduled for August 5, 1980, at 7:30 p.m., in the City Hal]., of the City of Lake Elmo. ADOPTED this the 15th, day of July, 1980 by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNLD: homes G. Armstrong, Mayor W AT EST: `Ga.U✓�n, tom. Z . � �� � 6�,1;�a..� Laurence E. Whittaker City Administrator Minutes, Lake Elmo City Council July 15, 1980 W (Engineer's Report) (Legion Pond) The Council review a report on several test holes made around the pond, presented by Dave Morgan. Morgan said, from this, data, that he felt pumping would work, as the pond appears to be perched above the water table. Bohrer reported that the Departmeht of Health does not perform the types of water quality tests the City needs; so he would suggest employing Serco labs. for about $200.00 to perform the necessary tests on Legion'. Pond and Lake Elmo. He reported that many of the vegetation types on the pond have air —borne seeds; and those that are water —borne have probably been introduced into Lake Elmo by birds; and apparently do not treat a problem on the lake. He said the test wells needed to determine the feasibility of pumping and dredging will cost from $2,150 to $3,250; and the testing firm would agree to a not to exceed figure of $3,250 and would put in only as many wells as are needed to determine the water situation under the pond. Bohrer said it will cost approximately $1,100 to perfrrm permeability tests around the ponds if the City decides to dredge (excavate). Pott moved, seconded by Morgan, to authorize the Engineer to spend up to $3,500 on the test wells and water quality tests. Motion carried 5-0. B. BEUTEL'S POND: Bohrer reported that the County's contractor. asked $19,000 to move and extend the culvert outlet for Beutel's_Pond. He said the materials, alone, would run $3,Uq .00. He expressed his con— cern that the City crew might have difficulty excavating the trench for the pipe as some excavation below 12 feet is necessary. If the soil is not right, the City crew will not be able to do all this work. The Council felt the City crew should try. Because the expenses for this project have exceeded the budget, the Council decided that it would have to be assessed out. Armbtrong moved, seconded by Mottaz, to adopt Resolution 80--4 , A Resolution ordering a feasibility study on lowering the culvert outlet to,Beutel's Pond to prevent flooding upstream; and calling for a public hearing on the feasibility of the project at 7:30 p.m., August 5, 1980. Motion carried 5-0. EAl3 E POINT CONTROL STRUCTURE: Bohrer explained the conditions the DNR was considering imposing on the use of Eagle Ppint Lake for storage of surface waters. He said the maximum time the City could store water above the normal high water mark would probably be four weeks; and that we are approaching that with the present dike. The Council asked the Administrator to see if there are any other places between Eagle Point and Lake Elmo where a significant amount of water could be stirred. The City crew will check this out and report back. No Council action was taken. Minutes, Lake Elmo City Council July 15, 1980 (Engineer's Report) C. AIRPORT DRAINAGE: Bohrer explained that the Metropolitan Airports Commission intends,to improve a runway at the Lake Elmo Airport; and that some change in the drainage pattern - but not the volume or rate or run --off - was planned. The Council, after some discussion, said they had no problems with this as long as the rate and volume of run- off remained the same and the farmer's field was not damaged any more than presently damaged by similar run-off. HAMMES MOVING PEMIT: The Council reviewed the recommendation of the Planning Commission. They expressed concerns about the appearance of the property with these additional buildpgs; and wanted assurances that they would not be seen from the road. Armstrong moved, seconded by Mottaz, to grant the permit to move three outbuildings and one home from the Regional Park Reserve to the William Hammes property at 10112 Tneth Street North subject to the conditions recommend by the Planning Commission, a $5,000 bond for removal of the old buildings these are replacing and.the home if not removed to a permanent location before July 15, 1981; and subject to the buildings not being visible from the road. Motion carried 4-0. Councillor Morgan had to leave at 10:30 p.m. WOODBURY COMP PLAN: The Council had no objections to the plan for the City of Woodbury; and authorized the Administrator to so advise Wood- bury and the Metro Council. COUNCIL REPORTS; Councillors waived their reports because of the hour; but agreed that Novak should get a price estimate for repairing the old chairs in the Fire Hall. Pott asked the Council to consider purchasing folding chairs from Joe Rogers at $6.50 each. Iie has 48 chairs, fairly new, which would normally sell at $9.50 each. Council said they are interested; and that the City should follow up on this. OACE ROAD: The Council agreed that the Administrator's handling of the road was adequate. The road will be improved; but the cul-de-sac will not. ANIMAL CONTROL: The Council instructed the Administrator to look into al- ternatives for Animal control with Woodbury and Afton Animal Hospital. 1006 ASSESSMENTS: Deferred to next meeting. CIMARRON NPDES PERMIT: The Administrator advised the Council that he is consulting the PGA and the Watershed District on the effluent standards and permitted flows to Sunfish Lake. REVENUE SHARING, PROPOSED USE HEARING: Armstrong moved, seconded by Pott, to call a hearing on the Proposed Use of Federal Revenue Sharing for 8:30 p.m., August 5, 1980. Motion carried 5-0. Minutes, Lake Elmo City Council July 15, 1980 LARSON VARIANCE: The Council agreed that they should meet with the City Attorney at the Special Meeting on July 29, 1980. Armstrong moved, seconded by Mottaz, to add this item to that Agenda. Carried 3-1. Pott voting nay. LICENSES: The Council asked to see the representatives on the Hidden Valley Lounge about their request for a temporary liquor license for a softball tournament. Pott moved, seconded by Armstrong, to grant a Temporary license to sell non —intoxicating malt liquors to the JAYCEES for Huff—n—Puff Days. Motion carried 4-0. COUNTY BOARD MATTERS: The Council instructed the Administrator to present the City's concerns about Youth Service Bureaus, EMS subsidies, and tree removal on County rights —of —way to the County Board. CITY WELL PUMP: The Council instructed the Administrator to have the Cityta well pump checked out as there is an apparent electrical prob— lem. ADJOURNMENT: Mottaz moved, seconded by Armstrong, to adjourn at 11:14 p.m. Carried 4-0. CLAIMS TO BE APPROVED AT. JULY 15th COUNCIL MEETING 80432 Concord Hotel - Larry's I.C.M.A. Conference 80433 I.C.M.A. Conference - registration 80434 G. A. Meyer - General $ 36.65 Park 102.90 Fire Dept 96.94 804.35 T.K.D.A. - Pass Thru T 804.36 Mollie Hedges - 7/8/80 newsletter 80437 Croixside Press - letterheads 80438 T. A. Schifsky - M.C. Mix 80439 Lillie Suburban Newspapers - legal ,publications 80440 Farm Service Store - parts 80441 A.M.M. - Levy Limit Seminar. 80442 Bruce Rosenau - film for camera 80443 Game Time ?- picnic table, for park 80444 Allied Group Insurance - Hosp. 80445 Cimarron Homeowners Assn. - Dues 80446 Lake Elmo Oil - General $ 380.62 Fire Dep"t 1.51.12 80447 Kern's No.Star - General 223.37 Fire Dep't 12.59 Beutel's Pd. 400.56 80448 Junker Sanitation 80449 Lawson, Raleigh & Marshall MSA 60.00 General 1,190.00 Pass Thru 180.00 80450 Somerset Systems - Fire Dept Hose Drying racks 80451 Crossroads Ford - Fire Dept-Trk.Rep., Clutch 80452 Capitol Electronics - Repair.' 80453 Minn.Fire, Inc.- Belts 83.13 Hose 263.00 80454 Brookman Motors - Fire Dept Trk.Repair, Scout 80455 Capitol City Mutual Aid - Fire Dept. Dues 80456 Wash. Cty Fire Chiefs Ass'n - Dues 448.00 204.00 236.49 1,226.52 140.00 55.90 131.67 185.11 9.66 10.00 16.11 267.75 11.5.62 5.00 531.74 636.52 42.00 1,430.00 31.03 654.83 38,49 346.13 210.05 10.00 5.00 80457 thru 80468 July 25th payroll 4,000.00 10,987.62