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HomeMy WebLinkAbout09-16-80 CCMLAKE ELMO CITY COUNCIL MEETING, SEPTEMBER 16, 1980 Mayor Armstrong called the meeting to order at 4:55 p.m. Councillors in attendance: Morgan, Mottaz, Novak, and Pott. Also, Administrator Whittaker. KEN CARROLL -GRIEVANCES ON WAGES: Mr. Carroll related the nature of his work and submitted comparison salaries in the area. He requested the Council to reconsider his salary for 1981. Mayor Armstrong thanked Mr. Carroll for coming in and stated the Council will review his request and make a decision later in the meeting. AGENDA: Additions - Announcement and Licenses. Armstrong moved, seconded by Mottaz, to approve the Agenda as amended. Motion carried 5-0. MINUTES: September 2, 1980 - Pott requested paragraph I., relating to the Park Commission, be elaborated on. The Council agreed to delay approval of the September 2, 1980 minutes until October 7, 1980. Mayor Armstrong reviewed the Council's discussion and intent concerning the Park Commission minutes that resulted in the September 10 article in the St. Paul Dispatch. The tone of the discussion was misconstrued in the article and resulted in a misunderstanding between the Park Commission and the Council. Councilman Morgan (Chairman of the Park Commission) stated that the minutes clearly stated a recommendation on the Beaubien property would be made and felt the Council should have contacted a commissionnember before discussing the matter or other concerns at a meeting. The Council and the Park Commission will discuss this matter futher, later in the meeting. CLAIMS: Additions - $40,786.20 - Steele Construction - Maintenance Garage $5,444.28 - TKDA, Architect fees - Maintenance Garage $39.50 - McCarthy Well - City's Well Armstrong moved, seconded by Mottaz, to approve Claims 80578 thru 80651. Motion carried 5-0. LITTLE SUNFISH LAKE PETITION - CIMARRON: Stephen Taylor, Cimarron, petitioned the City by letter to study alternatives to control flooding on Little Sunfish Lake. Because of the high elevation of the lake, Cimarron's treatment plant is in jeopardy. Sunfish is presently above the water levels of Cimarron's ponds, and seeping through their dike. The plant is not contributing to Little Sunfish Lake. Mr. Taylor reviewed the levels of the lake, the ponds, and Horseshoe Lake with the Council. A publicl,hearing, with notification of all residents who may be assessed for the project in the sub - watershed, is required. Valley Branch indicated they could not solve this within their $200,000 limit; and the City should do the project if it is a temporary emergency measure. LAKE ELMO CITY COUNCIL MEETING, SEPTEMBER 1a, 1980 -2- CIMARRON PETITION: Armstrong moved, seconded by Morgan, to adopt R-80-54, ordering a Feasibility Hearing, October 7, 1980, at 8:15 p.m. t and ordering the Engineering to do a Feasibility Study on flood control on Little Sunfish Lake. This motion is based on Cimarron submitting a formal petition and an agreement from the petitioner that should the project not be ordered the petitioner will be responsible for the cost of the study. Motion carried 5-0. Alternatives should include: 1. shallow over -flow pipe from Sunfish into Horseshoe Lake 2.. main -stem size pipe to Horseshoe Lake or West Lakeland storage site. 3. irrigate on Cimarron property 4, on -site solution PARK COMMISSION: Mayor Armstrong explained to the Park Commission how the tone and the context of the Dispatch article did not accurately convey the Councils discussion. Fie commended the Park Commission on their many years of dedicated service and did not want any misunderstanding,caused by this -.article, to damage the open communication existing between the Council;.and the Park Commission. Sunfish Park Armstrong reviewed his recommendation on share cropping the acerage in Sunfish Park and the Councils concern about negotiating a lease. Ed Nielsen explained the proposal for renting the land in Sunfish; and, what crop rotation is necessary over the next two years. Because of the size of the parcel, renting on a per acre basis seemed the most logical. Pott recommended that the City solicit proposals for renting the land on both a per acre and a share basis. The Council agreed. Armstrong moved, seconded by Pott, to authorize the City Administrator to secure quotes t)r a two year lease to plant corn, oats and hay in Sunfish Park. Also, about 1/4 acre to be plowed for planting trees. Quotes will be for both share cropping and per acre. The mayor has authority tb-sign the -lease. Motion carried 5=0. Huff and Puff Reimbursement Tom Monette explained he situation regarding the City is reim- bursement from Huff and Puff Days. The $1,000 the City spent to purchase playground equipment at Lake Elmo School will not be paid directly to the City from the Jaycees. The understanding was that the Jaycees would do $1,000 worth of other budgeted projects to off -set this expendi- ture. $800 has been spent on picnic tables for Tablyn Park along.with B-B-Q grills. This fulfills their contribution. Administrator Whittaker said the City will need a written. verification from the Jaycees on this contribution. LAKE ELMO CITY COUNCIL MEETING, SEPTEMBER lb, 1980 -3- PARK COMMISSION: Capital Improvement Plan Councilman Morgan passed out tie Capital Improvement Program and Budget for the parks. No additional General Fund Revenues are requested. He asked the Council to review and comment on the proposal. The Council and the Park Commission will meet jointly October 21 for recommendations and approval of the 5 year Capital Improvement Project Plan for Parks and the 1981 Park Budget. The Administrator will review the Council and Park minutes and verify what Master- Park Plans have been approved. Lions Rark�Tennis Courts Estimated cost to resurface the tennis courts at Lion's Park is $5,000 to $6,000. Armstrong moved, seconded by Novak, to authorize the Administrator to secure bids on resurfacing the tennis courts at Lions Parka Motion carried 5-0. FEDERAL REVENUE SHARING BUDGET AND 1981 BUDGET HEARING: Mayor Armstrong opened the hearinq at 8:13 p.m. Administrator Whittaker reviewed the proposed budget and levy limit with the Council. Whittaker explained the necessity of raising the levy limit due to nonavailablility.of Federal Revenue Funds in 1981. Mayor Armstrong delayed further discussion on this until the remaining agenda items were heard. Mayor Armstrong closed the hearing at_8:18 p.m. VERLIN HANSON: Administrator Whittaker recommended the Council hear Mr. Verlin Hanson should he come in. He has not responded to the Administrator's letters, indicating his portion of the Ridgeway Drive Vacation will be certified to his 1981 tax statement. Mr. Hanson did not appear at the meeting in response to notice of his right to a hearing. KEN CARROLL: The Council reviewed and considered Mr. Carroll`s request for a change in his hourly rate for 1981. Armstrong moved, seconded by Morgan, to set the pay rate for General Maintenance Operator at $6.75 per hour. Motion carried 5-0. RICHARD RASMUSSEN - PUBLIC HEARING - VARIANCE FOR 2 STORY GARAGE GREATER THAN 14' at 2134 LEGION LANE NO. Mayor Armstrong opened the hearing at 8:30 p.m. The proposed garage will be 24' x 38' with a 12' x 24' overhead storage area. The peak of the roof will be 17' high with a 6/12 pitch to match the house. The exterior finish will match the house. The peak of the garage will be 4 to 5' lower than the street and 10' lower than the house. The terrain around the house makes it necessary to locate the building 58 ft. east of the present garage. The garage will be used to store collector cars. LAKE ELMO CITY COUNCIL MEETING, S.EPTF14BER A 1980 -4- RASMUSS.EN VARIANCE HEARING: The Code permits an accessory building of 19000 sq. ft. '[his building will be 912 sq. ft. on the ground floor. Mr. Rasmussen and the City have notified his neighbors. They have no objections. There were no audience comments. Armstrong moved, seconded by Pott, to approve the variance for a 2 story 17' high garage for Richard Rasmussen because the terrain does not permit the garage to be attached; and because the garage is best placed away from the primary building to minimize drainage problems. Motion carried 5-0, SINGER VARIANCE FOR DRIVEWAY AT 9161 JANE RD. N.: The Building Inspector and Engineer had viewed the ,proposed area.. The Engineer reported that the home is on the north shore of Lake Jane; is a walk -out home; the front yard slopes steeply to the water; and the back of the house is level with the road. This home was moved to this location in 1977 because of the high water on Lake Jane, The home is close to the road, with the septic system being between the house and the read, (see Engineer's memo of September 159 1980). The pro- posed area to be blacktopped is primarly on City property, Mr, Singer moved his house to meet City standards; and, therefore, does not have an adequate parking area or driveway. He does not want to park on the street, because Jane Road N. is too narrow, The Engineer does not feel the driveway will cause any drainage or erosion problems. The paved area will be sloped towards the street. The Council discussed the City's responsibilityfor maintaining or repairing the area should City work be necessary in the right-of-way. They also discussed snow storage and removal, and an alternate design for the area, Mr. Singer indicated he has no room for another design and said -this design will not interfer with his drainfield. Pott moved, seconded by Morgan, to approve the driveway variance for Don Singer, 9161 Jane Rd. N., based on the following hardships and conditions: 1, location of the house to the road 2, location of the drainfield 3. the drainage situation be watched closely 4. Mr. Singer enter into an agreement with the City, that the City is held harmless from any expenses in the future for repaving or repairing of the driveway should any City work be necessary in the City right-of-way. The City will grant a 46' easement to Mr. Singer to use City right -of. -way for parking, subject to the terms above. Motion carried 5-0. ENGINEER'S REPORT: A. JamacGate - Engineer Bohrer reported on different types of prefabricated gates that are available. IIe submitted sketches from fence manufactures constructed from pipe with a heavy gauge cross -bar at windshield level. Estimated cost, constructed and installed is $19000. He proposed that the area . not gated be blocked with stacked boulders. Another alternative, recommended by the Engineer, was heavy duty..corner posts, imbedded in cement, with a heavy-duty_ chain placed at grill level. The Couaoil discussed restricting;the opening to one lanefor school buses and elfiTY`gency.vehicles. Morgan maintained the road should be closed.. Pott moved, seconded by Mottaz, to initiate a final attempt at gating Jamaca Avenue before permanently closing off the road. The gate construction shall consist of 6" post imbedded in cement, protected by boulders, and a guardrail cable or chain. The lock shall be equivalent to the size of the chain or cable. Width shall be one lane. Cost shall not exceed $1,000, Motion carried 5-0. LAKE BWO CITY COUNCIL MEETING, SEPTUMER 1&, 1980 -5- ENGINEER'S REPORT: B. Lesion Pond — The &gineer reported his conclusions, from the test wells, that Legion Pond is supported by ground water; therefore, pumping and dredging are not feasible. He reviewed the placement of the wells and the water elevations with the Council. The Engineer recommended filling the lots and redoing the septic systems, stating this can be financed and done on an individual basis or collectively, as a City project. Effective alternate systems can be constructed on —site with Variances from the City. A mound system was suggested. The test wells will continue to be monitored. Mayor Armstrong proposed the residents petition the City to improve their lots. The Council will, then, hold a special meeting to order the project. The City has the authority to finance the project through 429 Special Assessments at 8% interest. The Council reiterated that the City will. provide free fill material. A Public waters permit may be necessary; and, new sewer systems will have to be approved by City Inspectors. in order to expedite the work, the petition should include a waiver of a public hearing. Tngineer Bohrer suggested a time frame, as designs for new systems, application for necessary permits and bids for work sent to contractors have to be arranged.. Then the Council could meet again with residents to review all the information and its impact. C. Landfill Excavating Around Maintenance Buildinnr, — Administrator Whittaker explained that the City owes nothing for landscaping, as the additional work I'rattalone's billed the City for was included in their original contract. Engineer Bobrer said he will contact Mr. Frattal.one and get a price on the additional grading work shown on the plan outside his construction limits for the October 21., 1980 meeting. D. Beutel P.bnd — Culvert Len,th and Valve Handle — The finished valve handle height is + ft. above the inlet. Pott recommended camouflaging it or lowering it, to avoid vandalism. The Council asked Engineer Bohrer to contact the manufacturer and see if the handle can be lowered 3 ft. Bohrer recommended the handle be removed when not in use. A maximum of $200 may be spent on this. The handle is already fabricated. Beutel Pond Culvert — According to the County plans, the finished grade in the ditch is not complete (additional top soil will be added). Bohrer will contact Mark Mattson and ask; if the County intends J,ocomplete this the additional work, or if the City can shorten the pipe. E. Little Sunfish Lake Feasibility Study — The Council wants the Ewbgineer to look at the problem and determine alternatives No detail design work can be done until. Valley :Branch and DNR approve an alternative. A cost estimate will be necessary for the hearing. F. Well — Fran Pott — McCarthy well has reported that this well was checked out in 1:9_66 if the pump is of suitable size it may only need refurbishing rather than replacement. Mr. Potts estimate of $1500 is based on $100 per hour for a crew to pull the pump and test pump the well, chlorinate the well, and test —pump the well. This would indicate if the well is bacteria free, if the pump is operational and what -the capacity of the well is. Don Raleigh will draft an agreement between Joe Rogers and the City before the well. is tested. LAKE ELMO CITY COUNCIL MEETING, SEPTEMBER 14, 1980 —6— CITY WELL: Mr. Rogers has indicated he is reluctant to sell the .land to the City. He would prefer an easement to the City. The City will pursue the purchase of or easement to, a narrow piece, wide enough to gain access and. operate in. Mr. Rogers may want to trade the well site for a parcel south of the tennis courts in Lions Park. The Council prefers to purchase the 90'x 2,5' parcel the well house is located on. No additional money will be spent until an agreement is reached to buy the parcel or an easement is secured, then, authorization will be needed for $$1500 to complete the work on the well and pump. G. Larson Variance — The Administrator wanted the Council to be aware that the original site plan had to be revised, as the lot is 10' shorter than indicated on the approved site plan. Although the area, for the septic system is reduced, Dr. Machmier says there is still adequate area for two systems that are more than adequate for the house. No new variances are required as the house and septic system are no closer to the lake or the road. This inaccuracy was caused by Larson's using Dr. Machmiers sketch for the site plan, rather than the survey. R. Legion Pond — Larry Bohrer recommended the City withdraw their DNR permit application. The Administrator will do this. ADMINISTRATOR'S REPORT: A. 15th Street Vacation — Armstrong moved, seconded by Mottaz to call a public hearing on October 7, 1980, at 7:45 p.m. on vacating 15th Street. Motion carried 5-0. B. Animal Control Officer and Contract — Mottaz move4 seconded by Armstrong, to approve the Animal Control Contract between the City of Lake Elmo and North St. Paul at $125 per month for 500 miles per month; and a, contract between Jerry Dahlberg and the City of Lake Elmo .for Animal Control service at $$225 per. month, 10 hours per week. Additional hours and miles will be billed over the contract. Motion carried 5-0. C. Live Tra s — Armstrong moved, seconded by Novak, to approve the purchase of two large and one small live traps, at a cost of $203.65. Motion carried 3-2 Morgan and Mottaz opposed. D. Li or and Beer Permits at Green Acres — The Council had asked -the Administrator to verify if Green Acres was asking for licenses when they are not selling liquor. Administrator Whittaker reported that their Special Use Permit requires that they notify the City when liquor is served there; and get a permit for each liquor event whether they sell it or not. E. Countl3RA — No Council interest. F. Si ., Ordinance Amendments — Ordinance 7920 — Armstrong moved, seconded IV Morgan, to adopt Ordinance 792.d, Sign. Ordinance Amendment. Motion carried 5-0. G. Chris Curran — Resignation from Planning Commission — Armstrong moved, seconded by Morgan, to accept Curran's resignation with regret and move Scotty Lyall up from Alternate to full Commission member. Motion carried 5-0, The Council instructed the Administrator to advertise for a second alternate. LAKE TJLNIO CITY COUNCIL MEETlNGo SEPTEMBER 1� 1980 -7- ADMINIS`.I'RATOR'S REPORT: H. Civil Defense - Administrator Whittaker reported he has one volunteer for Civil Defense Director, Renata Paulsen, Cimarron has completed their survey, and want a siren. Whittaker requests authorization to take bids for sirens for Cimarron and the Tri-Lakes area. Armstrong moved, seconded by Mottaz, to authorize the Administrator to take bids on Civil Defense Sirens for Cimarron and the Tri-Lakes area. Motion carried 5-0, The Administrator will consult with Tom Green and Bob Rygg on the specs, Financing the sirens will be discussed after the bids are in. Placement of sirens in the Tri-Lakes needs to be determined. A meeting with Cimarron, to set up zones for evacuation, discuss the sirens and tour Oakland Jr. High for shelter purposes, is scheduled for October 6, 1980. I. September 18, 1980, Hearing Agenda - Administrator Whittaker will present the program on Water Surface Use. J. Miscellaneous - Reid Park Condemnation - The Mayor or a Councillor may need to be present at the condemnation proceedings on October 80 at 9 a.m. Morgan said he would. attend. K. Lic_ eases - Armstrong moved, seconded by Morgan to approve the following General Contractor Licenses: North.way Construction, Inc, 610 Bucher Ave., Shoreview, Mn, and Merle's Construction, 860 Randolph, St, Paul, Mn, and a Temporary Beer License for Green Acres Recreation for the Midway Lions Club, St. Paul., A. Thomas Ulness, 1133 Tldgecombe, St. Paul.. Motion carried 5-0. L. Youth Service Bureau - The Council agreed to meet with a bureau represent- ative on November , 19 0. COUNCIL REPORTS: Mayor Armstrong had a request from Dr. Graham, Olson Lake Trail, requesting that the speed 1 imit on DeMontreville Trail N, be reduced, The Administrator will contact the County on this. EAGLE POINT DIKE: The Council instructed the Administrator to see that Eagle Point is dammed if the water is flowing into Lake Elmo. BUDGET: Pott moved, to adopt R-80-5% in the amount of $8189,999 or 9.0 mills, which- ever is less, No second. The Council discussed the Budget and the levy limit. Armstrong moved, seconded by Mottaz, to adopt R-80-5% in the amount of 8210,000 or 10 mills, whichever is less. The discussion was on a. greater mill raise in 1982 if the one mill raise is not accepted in 1981. Motion failed 2-2-1. Morgan and Pott opposed, Novak abstained. The Council discussed budget cuts. Pott moved, seconded by Morgan, to adopt R-80-5.4 in the amount of .98189, 999 or 9 mills, whichever is less. Motion failed 2-3. Mottaz, Armstrong and Novak voting nay. The Council, again, discussed budget cuts and reappropriating Federal Revenue Sharing Funds. Administrator Whittaker explained that as of today, the City should not plan on Federal Revenue Sharing nlmds; and should budget for these monies in the operating budget, The Council agreed to take $625,000 out of the surplus appropriated for the City Office remodeling, and put it towards Police Protection in 1982. Morgan moved, seconded by :Mottaz, to adopt R 80-55., in the amount of $200,000 or 9 2 mills, whichever is less. Motion carried 5-0, LAIa ELMO CITY COUNCIL MEETINCt i:fT'TEK13PR 419 1980 BUDGET: Mottaz moved., seconded by Pott, to allocate any Federal Revenue Sharing money reoieved in 1981 to the Duilding Reserve for future remodeling of the City Office building, Motion carried 5-0, ADJOURNMENT: Mottaz moved, seconded. by Armstrong, to adjourn at 11:50 p.m, Motion carried 5-0, IN R8 0-. ,.55 { RESOLUTION CITY OP' LAKE I:LMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING BUDGET FOR 1981 AND LEVYING TAXES FOR THE YEAR 1981 WIIEREAS, the City Council of the City of Lake Elmo has here- tofore considered and has unanimously adopted a budget setting forth in detail complete financial plans of the City for the year 1981; and WIIEREAS, the City Clerk/Treasurer (City Administrator) at direction of the Council has computed the amount of taxes necessary and within statutory limits which must be levied and collected during the year 1981 in order to provide the budgeted funds; and WHEREAS, the City Council of the City of Lake Elmo has con- sidered the said proposed levy and determined the same to be necessary in the public interest; NOW,THEREFORF.., BE IT RESOLVED, by the City Council of the City of Lake Elmo that the attached budget is hereby adopted and approved as the budget for the City of Lake Elmo during the year 1981, and the sums of $ 200�000Or 9,5milswhichever is less, is hereby levied in order to provide the City with the funds required by said budget and that the sum of $5,500, Special Assessment, and $80,000, General Obligation, also be Levied for 1981 Bonded Indebtedness. BE IT FURTHER RESOLVED, thatthe Clerk/Treasurer (City Administrator) is hereby directed to certify a copy of this resolution to the County Auditor in accordance with law. Adopted by the City Council this 16th day of September, 1980. ATTEST: Laurence E. Wkiitta7—cer City Administrator SIGNED: Thomas . Armstrong, Mayor R80-54 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING A FEASIBILITY REPORT ON THE REDUCTION OF THE FLOOD WATERS ON SUNFISH LAKE IN SECTION 25 & 36 ALL IN THE CITY OF LAKE ELMO AND ORDERING A HEARING ON THE FEASI- BILITY REPORT. WHEREAS, the sewage treatment plant that serves Cimarron may be flooded as a result of the high water on Sunfish Lake; and, WHEREAS, 1300 homes in Cimarron are served by that sewage treatment plant; and, WHEREAS, there is a need to determine the most cost effective remedy to the high water. in Sunfish Lake; and, WHEREAS, the City Engineer will be able to prepare a feasibility report on that project be- fore October 7, 1980; and, WHEREAS, the floodwaters on Sunfish Lake may be creating a public health and safety hazard which may have to be solved before November 15, 1980. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, Washington County, Minnesota, that: The City Council hereby orders the City Engineer to prepare a Feasibility Report on the floodwater problem on Sunfish Lake in Section 25 & 36; and, The City Council orders the public hearing on the feasibility of said project for October 7, 1980, at 8:15 P.M., in the City Hall, of the City of Lake Elmo. ADOPTED, this the 16 day of September, 1980 by the City Council of the City of Lake Elmo, Washington County, Minnesota. G ED: omaii -Ams rong, mayor Laurence E. itta e_r City Administrator CLAIMS TO BE APPROVED AT SEPTEMBER 16th COUNCIL MEETING 80578 Allied Group Insurance Trust- Hosp. 80579 Northwestern Bell 80580 Vern's G.T.C. 80581 Commissioner of Revenue State wh..-Aug. 80582 State Bank of Lake Elmo - Fed. wh. - Aug. 80583 St.Treas. - Soc.Sec. Contr.- Aug. FICA 80584 State Treasurer.- Bldg. Surcharge 80585 Postmaster - Bulk Mailing - Newsletter 80586 Stillwater Bakery - Election goodies 80587 thru 80619 Election Judges (1.90 per voter) 80620 Water Products Co. 80621 Junker Sanitation 80622 Oakwood Animal hospital 80623 Kern's North Star 80624 Moelter Construction Co. - Gravel 80625 Lawson, Raleigh & Marshall - General $ Steve Larson Legion Pond. Payne Subdivision Reid Park Cond. Retainer 2nd Well Proj. Kaufold Vac. 80626 Kathleen Crombie 80627 G.A. Meyer Mercantile Misc. 80628 Brad Ragan, Inc. Tires 80629 George Ringwelski - May thru Aug. Gate 80630 R. H. Stafford - Assessor 80631 T. A. Schifsky - MC Mix. 80632 Stillwater Book & Stationery 80633 Farm Service Store 80634 Mollie Hedges - 9/2 & 9/9 newsletter 80635 Lake Elmo Oil General 309.10 Fire Dept. 98.34 80636 Lillie Suburban Newspapers 80637 Marilyn Banister - Hosp. reimb. 806U thru 80 X&f September 19th Payroll 383.00 120.00 209.00 150.00 310.00 150.00 131.00 36.60 - C/" caa✓ 4�irarr,! 105.62 133.24 65.83 592.00 1,335.30 1,146.36 227.00 54.83 15.40 764.90 573.06 42.00 76.50 453,73 786.53 1,828.20 25.00 50.88 124.36 200.00 6,116.00 132.82 98.58 5.30 280.00 407.44 57.09 54.75 3,600.00 - Y r