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HomeMy WebLinkAbout11-18-80 CCMLAKE ELMO CITY COUNCIL MEETING, NOVEMBER 18, 1980 Mayor Armstrong called the meeting to order at 5 p.m. Councillors in attendance: Morgan, Novak, Mottaz and Pott (5:35) AGENDA: Additions - Satellite bids and Surface Water Storaae - Regional Park. Armstrong moved, seconded by Novak, to approve the Agenda as amended. Motion carried 4-0. MINUTES: October 29, 1980 - Novak moved, seconded by Morgan to approve the minutes of October 29, 1980. Motion carried 4-0. November 5, 1980 - Morgan moved, seconded by Mottaz, to approve the minutes of November 5, 1980, as amended. Amendment - Vote on Certification of Elected Officials - 4-0-1. Mora_an abstained. Motion carried 4-0. COLLYARD LAWSUIT: The Council reviewed a letter from Mr. Clinton Mc.Lagan Attorney for Dan Collyard. The Council instructed the Administrator to send a reply to Mr. McLagan stating the City Council did not request Mr. Collyard attend the November. 5, 1.980, City Council meeting; but that he (Mr. Collyard) requested a response from the Council. The Council is bound to hear all inquiries from the public. CLAIMS: Mottaz moved, seconded by Morgan, to authorize the Administrator to hire any necessary temporary empi0yees to finish the remaining work on the Sunfish I:ake Pumping Project. Motion carried 4-0. The Administrator reported that Bob Wier was asked to.take a medical leave of absence. He recommended hiring a temporary emplovee over the winter, when, needed, or until Mr. Wier returns. The Council agreed and requested the Administrator keep the Council informed about Mr. Wier. Armstrong moved, seconded by Morgan, to approve Claims 80842 thru 80877. Motion carried 5-0. SPECIAL MEETING: Armstrong moved, seconded by Morgan, to set November 24,. 1980, as a Special City Council meeting and meet jointly with the Planning Commission. Motion carried 5,�,0. PARK ISSUES: 1. Shelter Hours - Morgan will ,have the Park Commission recommendation on 5fielter-Rours ready by Thursday. 2. Shelter Worker - The Administrator recommended advertising for a Park Shelter Attendant. Morgan agreed and will discuss this suggestion with the Park Commission. 3. shelter Mats - The Building Inspector reported the price of rubber skating mats is prohibitive. He recommended using roofing felt. Armstrong moved, seconded by Morgan, to authorize $25 for roofing ;Felt for use as- `_skating mats. Motion, carried 5-0. LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 18, 1980 -2- PARK ISSUES: 4. Park\Batellites - The Administrator presented the quotes received for sa£eXEes in Sunfish Park. Morgan moved, seconded by Mottaz, to accept the quote of Salenite Industries to provide two satellites at $65 per month, plus an initial $25 service charge. The satellites will be placed in Sunfish Park after the first 4" snowfall and removed March 15 or at the end of the ski season, whichever comes first. 5. Goals and Policies - Morgan suggested that the Park Commission recommend goats and -policies for Council review. The Council agreed. These will be discussed at the November Special Council meeting. The Council discussed acquisition of additional property around Sunfish Lake, offered by Mr. Beaubien. The Council would like to get the Watershed involved in acquiring this property, since it is used as a storage area by Valley Branch. Morgan suggested using Lawcon money to purchase the property. The Administrator will contact Mr. Beaubien and convey the City's interest in the parcel. 6. Hockey Boards - Novak suggested the City consider acquiring hockey boards for_Laons Park. Morgan will submit .this suggestion to the Park Commission. The Administrator will make arrangements for a joint Planning/Park Commission meeting. ARTsSCHAEFER - COUNTY COMMISSIONER: The Council expresses their concerns on Youth Service Bureaus and their funding. Schaefdr;agreed that the County should fund the entire program. He suggested.that the -.City write the County Board stating their concerns and recommendations. The Council, again, stated its opposition to the proposed north entrance to the Regional Park and requested Mr. Schfer continue to keep the County Board aware of the City's position. Police and Fire Protection in the Park - Police and fire calls to the Regional Park are increasing. The Council feels the County should help pay for these additional fire runs and the police calls. Morgan proposed the County assign a deputy to the Regional Park, as these additional calls are taking protection time away from the regular patrol of the City. Schaefer suggested the City prepare a policy agreement with the County for fire and police services,,-possibly.on a'per-call basis. Boat Launch - The Council.reitterated its position for a carry-over boat launch and its desire for a pedestrain entrance from the Old Village. Pott moved, seconded by Morgan, to instruct the Administrator to write Washington County requesting their continued support of the the City's position on the previously discussed park issues, including Fire and Police protection. Motion carried 5-0. LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 18, 1980 -3- ART SCHAEFER: The Council discussed finding a Lake Elmo representative to replace Maynard Eder on the Watershed Board. Recommendations will be discussed at the December 2 Council meeting. Mr. Schaefer asked the Council to install a street light in Tablyn Park 2nd Addition. The City is currently completing this project. DINNER BREAK - TARTAN PARK EISLIE HEARING - LOT 4, BLOCK 1, RUTH`S FIRST ADDITION: The Eislie's are requesting a variance from the Shoreland Ordinance set -back to add a den to their home. The addition will not interfere with their drainfield; no addional water will be added to the drainfield; and the addition will b,e no closer to the water than the present structure. The City Attorney and Building Inspector recommended approval, stating the addition will not cause additional problems on this lot. Pott moved, seconded by Morgan, to approve ,.&. Shoreland Variance for John Eislie to add den within 100ft of the shoreline. Motion carried 4-0-1. Novak abstained. Novak questions the hardship for this variance. She would also like the Administrator to verify the conditions of the development agreement relating to the use of Lot 5 or 6 as additional drainfield area. LICENSES: Morgan moved, seconded by Mottaz, to approve the following licenses: Bruhn Excavating, Sewer Installer, 169 Belvidere, St Paul; Minnesota Tritec, Inc., Heating Installer, Rt. 3. Box 524, Delano, Mn and Joseph Chuis, 15975 Putman Blvd. Afton, Mn. Motion carried 5-0. SNOWPLOWING BIDS: The Council reviewed the bids. Morgan moved, seconded by Armstrong, to accept the low bid, for snow plowing from Bernard Meyer, at a rate of $35 per hour, provided this hourly rate is comparable with surrounding communities. Motion carried 5-0. The Administrator will determine if this bid is acceptable or if it should be rebid. JOINT MEETING WITH PLANNING COMMISSION: The Council agreed to hold a Special City Council meeting, November 24, 1980, at 7:30 p.m. in conjunction with the Planning Commission meeting. Open House Dedications The Administrator asked the Council if they were interested in a dedication ceremony for; the Park Shelter and/or the Maintenance Building. The Council directed the Administrator to set a date for Council consideration. The Administrator will also determine the date of the City Christmas Party. PUBLIC INQUIRY: Robert Jungmann - 5460 Highlands Trail - In staking the walkway to DeMontreville Park and based on the present survey lines, it was determined that Mr. Jungmann's driveway is on City right-of-way. The Council feels this matter should be resolved between Mr. Jungmann and Derrick Land, the adjacent property owner. Armstrong moved, seconded by Mottaz, to delay further work on the walking trail into Demontreville Park until it is reconsidered by the City Council, no later than July 15, 1981. Discussion: LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 18, 1980 -4- JUNGMANN: Pott suggested looking for an alternate site for the access point. Morgan said this was the only easement offered by Derrick, that was acceptable. Morgan said the Park Commission feels an access should be available from the development for resident use; but, are flexible on the location. Armstrong indicated this is a legal problem between Derrick Land and Mr. Jungmann{ and, the City is not and should not be involved. The City has two warranty deeds for the walkway parcel. The Administrator will write Jungmann and Derrick and request they resolve this problem. Brian Crombie, representing Derrick Land, feels this is a City problem since the Jungmann house was built too close to the property line. The responsibility of surveying the lot is up to the property owner, not Derrick Land, and this discrepancy should have been noted at the time of the footing inspection. Mr. John Gertin, attorney for Jungmanns', stated that, if the trail is completed,as proposed, it minimizes resolving the problem, therefore, they are in favor of the decision to wait until July, so a solution can be worked out between Jungmann and Derrick. The Council discussed other locations for the walkway. Motion carried 5-0. Morgan will advise the Park Commission of the alternate walkway suggestions and give their recommendation to the Administrator. HARDY'S DRIVEWAY: Mottaz moved, seconded by Morga, to abandon the project to clear the channel through Hardy's driveway as it has been determined that the driveway is not the major cause of flooding either up stream or downstream. Motion carried 5-0. STEPHEN TAYLOR - CIMARRON/SUNFISH PUMPING: Mr. Taylor requested that the Council consider continuing the Little Sunfish Pumping Project. He feels additional pumping may be necessary in the future. Since all the equipment is in place and storage is available- and the largest portion of the cost is fixed or paid for, it would be of benefit to pump an additional three to four days and possibly eliminate the need to pump next year Armstrong explained that politically and legally this proposal is not feasible. The Engineer reported the pumping is nearly complete, with Little Sunfish being 2 1/2 feet lower. The Council's position is that enough additional storage and ponding areas can be developed before the 1982 run-off that no additional pumping will be necessary. Therefore, they oppose continued pumping. ENGINEERS REPORT: A. Hubenette's Culvert - The Engineer met with Mr. Hubenette and reviewed the problem, '' e Engineer reported that the culvert is not adjacent to the Hubenette property, but causes flooding to their property during the spring run-off when the culvert is frozen. The :estimated cost for a culvert that could be thawed out is $750 to $1,000. This situation was caused when Hill Trail N. was rebuilt and raised in 1965, creating a type of dam. The culvert was not raised with the / road. Mr. Hubenette is requesting relief by installation of a new culvert at a higher elevation so that the culvert can be kept open when flooding occurs.,. Estimates to fill his yard were $5,000. LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 18, 1980 -5- HUBENETTE CULVERT: Morgan suggested altering the present culvert to provide access from the top and install a pipe for thawing. Mottaz feels the City is responsible for this situation; and recommended the Engineer pursue Morgan's suggestion. The Engineer will see if the Maintenance Foreman can devise this type of pipe. He will also see if the culvert needs cleaning out. The Engineer will keep Mr. Hubenette informed on the culvert. Pott recommended pumping be considered as a solution next spring. B. 39th St. N. & County 13 - Water Problems - The City Office received a question aT�out a drainage pro�leiiI H area. The Engineer looked at it and determined it was a localized problem. He gave the property owners several recommendations to protect themselves from damage. The water flows from the west side of County 13., This has been a waterway since before the home was built. He informed the property owner this is not a City caused problem but would contact the County about the flooding. C. Regional Park Water Storage Site - The Engineer met with the County and reported teat they wi116 considsr permitting a dam to store additional water on Eagle Point Lake provided the storage area is lowered every other year to permit wild life vegetation growth. The City is looking for permanent storage sites; whereas, the County is considering more temporary sites. The Council agreed every effort should be made to encourage Valley Branch involvement in acquiring and developing storage sites. OLD BUSINESS: A. Ag Preserves - Mottaz moved, seconded by Pott, to certify all qualifying properties. Motion carried 5-0. The Administrator will send a notice to all residents who qualify for Ag Preserve designation. B. Agreements with Mahtomedi and Bruce Rosenau - Code Enforcement Officer Armstrong moved, seconded by Mottaz, to approve the new contract between Lake Elmo and Mahtomedi for the Code Enforcement Officer. Motion carried 5-0. Armstrong moved, seconded by Mottaz, to approve the contract between Bruce Rosenau and the City of Lake Elmo. Motion carried 5-0. C. Administrator's Contract - The Administrator will draft a contract for Councilconsidartiaon t the December 2, 1980, meeting. D. Lake Access Surface Water Use - The Administrator asked the Council if they had any other comments on the outcome of the public meeting on Surface Water Use. The Surface Water Use Ordinance changes will include: hours for water skiing; definition of "No Wake" areas, with posting of these areas, posting areas of public access, posting No Parking and No Public Access" areas, definition of "channel", posting signs stating "No littering in or on the lake or the lakeshore", and a provision prohibiting any act that is injurious to the public health, safety or welfare. The Administrator will check with DNR to see if the City can restrict the access hours. He will also list the services the DNR should provide along with their public access, such as sate]Aites in the summer, garbage collection, patrol of the accesses, posting of safe/clear zones for skiing and/or boating, and year -around maintenance of the access. The Administrator will research working that will prohibit placing buoys below the water surface. The Administrator will redraft this Ordinance and included these changes for Council review. LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 18, 1980 SURFACE WATER USE: The Administrator will draft a "No Parking Ordinance" listing all "No Parking" areas in the City. l COUNCIL REPORTS: A. Energy Program - The Building Inspector outlined in t the City's energy needs e Ca' iptital Improvement recommendations for City Buildings. Armstrong moved, seconded by Morgan, the Fire Hall. Motion carried 5-0. Morgan reported he is still pursuing at the landfill. to get new quotes for insulating the use of methane gas as a fuel B. Office Remodeling - Mottaz reported that it is almost a certainty that fZRe Elmo -'will its Revenue Sharing, and recommended the Council proceed with remodeling plans for the City Office. Mottaz moved, seconded by Armstrong, to continue work on developing plans to nemodel the City Office, pursue;thecinbrthl,en:trAncerjidea,;and authorize the Building Inspector to get.on opinion I on. -resolving the roof drainage problem. Cost of such opinion not to exceed $100. Discussion: The Council discussed the north entrance, storage space in the Office Building, and vehicle storage in the building. The City Council will review the final draft. Motion carried 5-0. The plan should be ready for Council review by December 16, 1980. C. Dinner Meeting - Mottaz suggested the 5 p.m. dinner meeting be changed to 6:30 and dispense with the dinner hour. This will be discussed with the new Council members. ADMINISTRATOR'S REPORT: A. Wood Cutting in City Parks - Morgan suggested putting an item in the Newsletter stating- there is no wood cutting or removing of wood from City Parks. The Council agreed. B. Well Testing - The wells around the landfill are being monitored for pollution. Morgan has been in contact with the PCA and reported they c have a good program to monitor ground water. C. Lake Olson and Demontreville Lowering - Valley Branch has contacted the DNR request ng permission on to draw down Demontreville and Olson lakes. by one foot. Nor Shoreland Permit is required. The water will be pumped to the City park. The Council discussed flooding of the ski trails in Sunfish Park. Morgan said the Park Commission will meet; and, then, contact Valley Branch on their recommendation. He also reported on his conversation with George Hedges about discontinuing pumping when it interferes with the recreational use of Sunfish Park. Mottaz suggested the City pursue the bridging of ski trails in Sunfish Park by Valley Branch. The Council agreed. Morgan expressed concern about continued use of Sunfish Park as a storage site by Valley Branchi with no other sites being explored. Morgan equated the importance Vallev Branch put on th:e:'.City-And.Cimarron to find alternate storage areas for the Little Sunfish project, but have not followed this policy themselves concerning Sunfish Lake. The Council agreed Valley Branch should "practice what they preach" and make every effort to find available sotrage areas throughout the water- shed. LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 18, 1980 -7- SHADE TREE PROGRAM: Armstrong moved, seconded by Pott, to have no Shade Tree Program in 1981. Motion carried 5-0. PLANNER: The Council reviewed the,Plannei"s memo stating he has changed partnership in his,firm and requests that the Council confirm the existing contract and continue with the new firm. The only change is that Eisberg is no longer with the company. Mottaz moved, seconded by Morgan, to confirm the service agreement with Rob Chelseth as City Planner. Motion carried 5-0. COUNTY PARK COMMITTEE: The County and Met Council will meet Thursday, November 20, 1980, at 7:30 p.m. to discuss the Lake Elmo Regional Park plan. Mayor Armstrong and Councillor Morgan will attend the meeting. MEETING EXTENSION: Pott moved, seconded by Novak to extend the meeting 15 minutes. Motion carried 5-0. SOLID WASTE ABATEMENT: The Administrator explained the Met Council's Solid Waste Abatement Report. The Council asked the Administrator to keep them informed of ordinances relating to solid waste -,,disposal and the requirements. ADJOURNMENT: Mottaz moved, seconded by Morgan, to adjourn at 11:00 p.m. Motion carried 5-0. CLAIMS TO BE APPROVED AT NOVEMBER 18, 1980 COUNCIL MEETING 80842 State Treasurer — Soc.Sec. for October $ 1,744.74 80843 State Bank of Lake Elmo -- Oct. Fed. wh. 2,040.10 80844 Commissioner of Revenue — Oct. State wh. 908.30 80845 Tien Friedrich — Little Sunfish — Labor 24.80 80846 " It 49.6o 801y"j Lillie Suburban Newspapers — Legal publications 210.22 80848 Stillwater Book & Stationery — Office Supplies 106.7o 80849 Moelter Construction Co. — Beutel's Pond 47.73 80850 Kern's North Star 147.66 80851 G. A. Meyer — General 44.12 Park 17.42 Fire Dep't 78.77 140.31 80852 Ken Friedrich — Little Sunfish — Labor 17.05 80853 Farm Service Store -- Misc. Parts 10.95 80854 Lawson, Raleigh & Marshall General 284.40 Park 405.00 Little Sunfish688.00 1,377.40 80855 David A. Kirscht & Assoc. — Park Mylars 22.00 80856 Oxygen Service Co., Inc. — Fire Department 76.20 80857 Lake Elmo Oil, Inc. — General 231.22 Fire Dep't 164.14 395.36 80858 The Croixside Press -- Election Ballots 179.20 80859 Walter S. Booth & Son — Election supplies 5.53 80860 Paper Ca_lmenson & Co. — Plow parts & Blades 1,006.71 80861 Kathleen Crombie — Planning Secretary 25.00 80862 Eckberg, Lammers, Briggs & Wolff — Collyard court 175.00 80863 American Water Works Ass'n — Dues 43.00 80864 Viking Steel Products — Culverts; Little Sunfish 599.40 80865 Armco, Inc. — Little Sunfish 648.00 80866 thru 80877 — November 28th payroll 3,900.00 $ 13,9oo.96