HomeMy WebLinkAbout11-05-80 CCMLAKE ELMO CITY COUNCIL MEETING, NOVEMBER 5, 1980
Mayor Armstrong called the meeting to order at 7:40 p.m.
f Councillors in attendance: Morgan, Novak, Pott and Mottaz
AGENDA: Shoreland Permit - Kenneth Gatzke, Collyard's sewer and
Collyard's pending lawsuit, Well testing - Delete - Well #2
MINUTES: October 21, 1980 - Morgan moved; seconded by Pott to
approve the minutes of October 21, 1980. Motion carried
5-0.
October 29, 1980 - Approval tabled until November 18 meeting.
CLAIMS: Morgan moved, seconded by Novak to approve Claims 80752
thru 80829. Motion carried 5-0. The Administrator will
summarize Clean Up Days expense on November 18.
ELECTION CANVAS RETURNS: Adminstrator Whittaker explained how the
revised totals were arrived at, as shown on the tally sheet.
He explained that 14 of the absentee ballots were not listed
in Precinct 2; also there were 5 ballots more on the tally
than there were people voting. This was corrected and the
tally sheets now agree. 2698 residents voted.
Armstrong moved, seconded by Novak, to accept the Canvas
*11/18/80 and declare the following winners: Maynard Eder, Mayor,
Dave Morgan, Councilman and Laura Fraser, Councilperson.
Vote shoul read Motion carried 5-0.*
4--0--1. Morgan Administrator Whittaker asked the Council to consider using
abstained the punch card system such as Woodbury and Oakdale use.
Pott moved, seconded by Novak, to authorize the Administrator
to explore the punch -card system and the availability of used
voting machines. Motion carried 5-0.
CIVIL DEFENSE SIREN BIDS: The Council reviewed the bids for sirens
for Cimarron and Tri-Lakes. The Council discussed the size
of siren and the range radius proposed for the Tri-Lakes
area; and decided it would like to find out how other_ com-
munities handle large areas before making a decision on the
Tri-Lakes area. The lowest bid for the specified siren for
Cimarron is Fireap Associates. They were also the low bid
for Tri-Lakes.
Pott moved, seconded by Armstrong, to accept the low bid
from Fireap Associates, Inc. for the specified civil defense
siren for Cimarron; and table a decision for the Tri-Lakes
siren pending more information. Motion carried 5-0.
The Administrator said one of the sirens proposed did not
provide complete coverage for Tri-Lakes; and the Council
should determine if this proposal is adequate. He does
not feel it is. Jim Peterson, of Electric Service Co., was
present; and said their siren, as bid, would cover 90% of
the Tri-Lakes area and requested this be noted when, the
Council reconsiders the Tri-Lakes bids. His firm provided
the sirens in Oak Park Heights.
Molly Hedges said the Tri-Lakes Board has indicated to the
Council they are not overly interested in a siren; and it is
their position that they are already paying for a siren(at
the Fire Station) and any additional siren should be paid
LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 5, 1980 -2-
CIVIL DEFENSE SIREN BIDS: for out of the General Fund.
Administrator Whittaker has been in touch with Dick Murray,
Board President; Mr. Murrav indicated his main concern was
who would pay for a siren. He.did-hot say..that.they..were
not.intere.sted in one. Whittaker will write the Tri-Lakes
Board again and ask for their written response on this
question. He will also include this item in the Newsletter
asking residents of the Tri- Lakes about their interest in
a civil defense siren.
ATTORNEY'S REPORT:
A. Reid Park - Attorney Marshall reported that the City may
be ab o purchase Reid Park for $1,000 less than the
original offer. Mr. Johnson, St. Paul attorney represent-
ing Mrs. Reid and Mr. Schiltgen, has indicated the sale
rice on 30 acres to the City should be made at a price of
p$75,000. The City Attorney is having the property reviewed
by the appraiser who did the original appraisal to determine
that the value of the land has not decreased. If all the
legalities are completed and in order Attorney Marshall
recommends the City proceed to purchase Reid Park for $75,000.
Pott moved, seconded by Morgan, to authorize the Mayor,
the Administrator and Attorney to enter into an agreement
for the purchase of Reid Park for $75,000. conditioned upon:
1. The City's appraiser confirms this price is reasonable
and the property has not decreased in value.
2. Mr. Johnson, Reid/Schiltg,en attorney, provide the City
with approval of the Probate Court for Mrs. Reids interest
in the parcel.
3. Satisfactory transfer of Mr. 8chiltgen's interest.
Motion carried 5-0.
Pott moved, seconded by Armstrong, to authorize the Mayor,
Administrator and the Attorney to increase the City's offer
of purchase to the original appraised price if necessary
and appropriate. Motion carried 5-0.
B. Hardy''s Driveway - The Attorney has not reviewed this
title search on Hardy property. This was tabled until the
November 18 meeting.
C. Collyard Lawsuit - Interrogatories were served and an
answer was fi e on behalf of the City. Mr. Marshall will
contact Mr. Lammers and report on the status of the suit on
November 18.
DAN COLLYARD - LEGION POND: Mr. Collyard asked for a clarification
on the status of up -grading his septic system. Administrator
Whittaker reviewed the Council's decision to extend repair
time to July 1 to those residents whose septic systems were
functioning; but did not meet City regulations. Mr,Burgoyne
was not included as the City knew his system was inoperable.
The Administrator said the City was also aware that the sewer
had backed up in the Collyard home (Mr. Collyard had stated
this fact at previous Council meeting) and that this con-
stitutes a health hazard.
LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 5, 1980 -3-
DAN COLLYARD - LEGION POND: Therefore, Collyard system should be
given the same time frame as Mr. Burgoyne, 90 days,
to meet the conditons in the ordinance. Burgoyne
and Collyards were two cases where the Lity knew
a health hazard existed. A letter was sent to all
the residents, except Burgoyne and Collyards, stating
they had until July 1, to up -grade their systems
unless a health hazard arises before July 1, 1981,
A letter was sent to Burgoyne and Collyard stating
they had 90 days to up -grade their systems because
of the known health hazard. Mr. Collyard is requesting
the same 7 month consideration that was given the other
residents.
Armstrong, asked Mr. Collyard if his toilet is .functional.
Mr. Collyard responded yes. During the last four years
he has built dikes and filled his property to keep his
system functioning. Pott said, since Collyard was not
given the same directive as Burgoyne as the last meeting,
his status should not change. The Administrator said
his concern is that the City has been accused of con-
tributing to Collyards health hazard; and, that if
the City does not enforce_' the ordinance without some
agreement from Collyard that he will assume the lia-
bility for the next 7 months, this will reinforce the
pending legal action against the City. The City is
under the impression that the suit alleges that the
City has created the situation that is causing Collyard
the problem with the sewer system in his home. The
Administrator said, since the.Cipy was aware that the
Collyard sewer had backed up in the home that this was
a health hazard, the same as Burgoyne's, the City should
require Collyard to meet the same provisions as Burgoyne.
Novak asked Collyard if it were true that the sewer
backed up into his basement. Mr. Collyard said that
wash water backed up and would not drain; but, this was
during a heavy rainfall. All the water would wash down
into the culvert and into the septic tanks. As long
as it isn't raining and since he has the water pushed
back (via filling) there is no problem. Armstrong said
the Council must have misunderstood since at times.he
has'told the Council that he could not live in his house
and that they would have to move out. Mr. Collyard said
that is right. Armstrong said if what he has said is
true, that constitutes a health hazard; and, the City
is under obligation to demand correction of the problem.
Mr. Collyard said that he has been hauling in dirt for
four years to keep the septic system working. Armstrong
asked him "if he was representing to us that your septic
system is working to the extent that you are not having
a back-up into the house?" Collyard responded Yes.
Armstrong asked if he would put that in writing.
Collyard said no. Armstrong said, if he (Collyard)
would put in writing that his septic system is function-
ing, the City would give him the 7 month variance.
If he will not put in writing, the City will have to
enforce the 90-day notice. Collyard said he cannot
put anything in writing. Collyard said his is no worse
LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 5, 1980 -4-
DAN COLLYARD- LEGION POND: than the people next door and no worse
than the people across the street. Armstong said none
of them have told the City that their sewer is backing
up into their basement as you did; and, this is where
the problem comes in. Collyard said he is unsure if
he got a letter. Armstrong said, if there is a definite
health problem, the City has an obligation to give a
notice and see that the problem is corrected. If it
is not corrected, the City has an obligation to condemn
the place and close it down. Collyard asked why the City
did not take this obligation a few years ago when it
started to be a problem. Armstrong said every resident
along there was notified a few years ago to up -grade
their systems. Collyard disputes that every resident
was notified. Whittaker said the City has a list of
all the residents that were notified, Armstrong re-
viewed when Collyard came to the Council and said he
was being forced to move out of his home and that the
City would be responsible for motel accomodations be-
cause his home was not liveable. This put the City
in the position to give notice that these corrections
have to be made. If you are saying that your home is
liveable, Armstrong said then the 90 day correction
can be changed to the 7 months, provided Collyard
gives the city documentation that says that, at this
point, the sewer system is not backing up and there
is no problem with it. Collyard said that if his
attorney is willing to write the letter he would be
willing to agree. Armstrong said he should consult
with his attorney and then contact the Administrator.
Collyard said right now his system functions fine,
but he cannot sign any agreement. Armstrong said he
(Collyard) came in and said the system was backing up
and there were problems with it. Collyard said Mottaz
has seen it. When the water is running down the hill
into the septic what can you do. The tank will hold
only so much water, then it will overflow. When it
backs into the house he put another berm up. The
problem is temporarily corrected. Collyard said to
have the Building Inspector come out and tell him where
he can put a septic system. He said it doesn't matter
where he wants to put his system. There is no place
to put it right now so it cannot be up -graded in 90 days.
He has hauled in the same amount of fill as his neighbors.
Whittaker said it was the opinion of the City Engineer
that a system can be designed on that lot after fill.
Collyard should contract with the City Engineer to design
a system that will suit that lot. Collyard stated the
letter said the Building Inspector will come out and
indicate where the system should go. Collyard said he
wants this done. Since he filled and pushed the water
away from the tank, the system is working fine. The
Administrator said he will have the Building Inspector
go out Friday and check the situation.
LAKE ELMO CITY COUNCIL MINUTES,NOVEMBER 5, 1980
-5-
ENGINEER'S REPORT: A. Little Sunfish Lake -The Administrator re-
ported the City is —ready to start pumping on Friday. The
final easement agreements will be complete Thursday; and,
all the permits from Valley Branch, DNR, and the County
have been secured. The maintenance crew will take care of
placing the pipe and starting the pump. The meeting with
the County has been rescheduled until November 3, at 3 p.m.
to consider additional ponding in the park. The Administrator
asked the Council if they would authorize the City crew
to sandbag the outlet from Lake Elmo if the 75 acre feet
cannot be stored on Eagle Point Lake or places in between.
This would amount to 'L to 3'' on L
of the pumping project. He does
of water can be trapped on Eagle
period since very little water is
In order to meet the intent of tb
should be trapped on Lake Elmo.
Elmo, not raise it. Armstrong mo
to authorize the Administrator to
to sandbag the Lake Elmo outlet i
75 A feet of water are maintained
75 A feet of storage cannot be se
Lake Elmo, in Cimarron, on Eagle
Eagle Point and Lake Elmo. This
maintained until the levels of Li
West Lakeland storage site go bac
level. (4 to 6 weeks) Motion car
This will not stop the outflow of
tain those 75 A feet on Lake Elmo
ake Elmo through the life
not believe that 60 A feet
Point during this time
flowing through this area.
e agreement this 2" to 3"
This will maintain Lake
ved, seconded by Mottaz,
instruct the City crew
a order to insure that
if the compensatory
cured up -stream from
Point and areas between
2" to 3" level would be
the Sunfish and the
s down to the pre -pumping
ried 5-0.
Lake Elmo; but will main -
if necessarv.
B. Beutel Pond - The Administrator reported Beutel Pond
is complete The final bill is in and the handle lever
has been shortened.
C. Landscaping - Maintenance Gara e -The best bid the
Engineer received for completing the grading is $1200
from Frattalone. He can begin November 6. The best bid
on gravel is $3.00 per ton for 550 tons for $1650. This
would complete the parking area and the driveway access
to 42nd. Out of the $6600 appropriated for landscaping
the City will pay $2850 and credit the residents on Legion
Pond the remaining amount for removing the fill, material
(see Administrators memo of October 21, 1980).
Mottaz moved, seconded by Armstrong, to authorize the
Engineer to accept the $2850. bid from Frattalone for
grading and graveling work at the Maintenance Garage and
credit the remaining $3750. to the Legion Pond residents,
who removed the fill, against their assessed share of the
Legion Pond project cost, 4-0-1 Pott abstained.
Valley Branch has asked the PCA to assure the City the
Water quality of Little Sunfish is adequate to pump it
down stream. The Administrator contacted the PCA and they
said they do not perform this type of test and will not do
it for the City at any price. He said this testing can be
done by a private company and this would meet the require-
ment Valley Branch has set for the permit. The Engineer
said this will cost about $300. Morgan moved, seconded by
Mottaz, that the City proceed with the water quality test-
ing for Little Sunfish. Motion carried 5-0.
LAKE ELMO CITY COUNCIL MEETING, NOVEMBER 5, 1980 -6-
OLD BUSINESS: D. Auditors Contract - The Council reviewed the
new contract Yrom Moen andPenttila. Bob Voto raised
some concerns on what was included in the Moen,Penttila
bid vs Vote, Delahunt bid. The Administrator outlined what
Moen and Penttlla will provide and said this bid was a
competitive acceptable bid. He sent Voto a copy of the
Moen, Penttila contract and will contact them personally.
Morgan moved, seconded by Mottaz, to approve the Auditor's
Contract of Moen & Penttila. Motion tarred 5-0.
E. Firemen's Comp. Plan - The Council reviewed the final
draft of t e —Firemen's Compensation Plan. This has been
formally accepted by the Firemen.
Morgan moved, seconded by Mottaz, to formally adopt the
Firemen's Compensation Plan. Discussion: Pott felt the
wording in Qualifications should be clarified to indicate
a fireman must be qualified for the Relief Association
in order to qualify for the $50 bonus only. The.compen-
sation for calls will go to all Firemen whether in the
Relief Association or not. Motion to include a change
in the wording under Qualifications to read: Each person
must be qualified for the Lake Elmo Relief Association
for $50 bonus per man only. All participating firemen
will receive all compensation. Motion carried 5-0.
F. 5 Year Plan for the Parks - The Administrator re-
commen e that the Council consider completing now,
projects that will serve existing improvements rather
than wait and spread it over a five year period, since
the money is available today to complete the proposed
projects in the plan. Those improvements that are not
needed at this time would stay within the 5 year plan
even though the money is available. Morgan said most
of the proposals are not needed at this time, therefore,
the scheduling over a 5 year.period. He reviewed each
of the proposals for the'.Council and they agreed the
proposed plan should be followed.
Armstrong moved, seconded by Morgan, to adopt the 5 year
Capital Plan as outlined by the Park Commission.
Motion carried 5-0.
KENNETH GATZKE: The Council reviewed the memo from Bruce Rosenau,
Building Inspector, on Mr. Gatzke's permit. Mr. Gatzke
needs a shoreland permit to build a garage within 1,000
feet of a shoreland. The structure meets all other re-
quirements of the ordinance. The Building Inspector re-
commends approving the application. The Engineer is sat-
isfied, but recommends the elevations of the structure
should be indicated on the lot map before the foundation
is laid for the building.
Morgan moved, seconded by Pott, to approve a Shoreland
Permit for Kenneth Gatzke, 8415 Deer Pond Trail, subject
to compliance with the Engineer's recommendation. Also
the sod should be restored after construction. Motion
carried 5-0.
LAKE ELMO CITY COUNCIL MINUTES, NOVEMBER 5, 1980 -7-
PAUL WEILER - YOUTH SERVICE BUREAU: Mr. Weiler introduced Pastor
Brad McNaught, acting Lake Elmo Liason, who presented
the background of the program and the services available
through the Bureau. Mr. Weiler explained the funding for
the Bureau and the contributions from area communities.
The Council discussed the County providing additional or
total funding for the Bureau and/or seek more participation
from the School Districts.
Armstrong moved, seconded by Morgan, to appropriate the
budgeted.funds for the Youth Service Bureau in the amount
of $5,5440; and to appoint Pastor Brad McNaught as the
Lake Elmo /YSB liason. Mr. McNaught will report period-
ically, to ,the Council on the:ope'rations of the bureau.
Discussion: The Council agreed that the work of.the bureau
is effective and worthwhile and should continue; but urges
a greater participation from the County and School District.
Motion carried 5-0.
OLD BUSINESS:
A. Lake Access and Water Surface Use Ordinance - Tabled
unti November
B. Well #2 - Deleted
C. Lake Jane Trail Speed Zone Armstrong, moved, seconded
by Morgan, to a_dopt R-BUT-F3 requesting Mn/Dot authorize
the reduction of speed on Lake Jane Trail North from Ideal
Avenue to Jamaca Ave. No. to 30MPH and from Jamaca Avenue N.
east toJane Road North, to 35 MPH. Motion carried 5-0.
G: Over-all goals and policies for Parks - This will be
discussed November 18 at 5 p.m.
H. Beaubien Property Acquisition - No firm numbers have
been acquired from Mr. Beaubien on purchasing property
around Sunfish Lake. The Administrator will contact
Mr. Beaubien and report bak to the Council.
ADMINISTRATORS REPORT:
A. Ag Preserve Bill - The administrator will attend the
November 6 meeting. The Council requested the Administrator
stress implementation of this bill. Once the process is
established, the City will certify those residents who have
requested Ag Zoning in the City.
C. Water Contamination Tests Well #1 and Lanfill - The City
has not —received t e test results .romr`as yet.
Testing has been done at the landfill for solvents. The
Administrator will get copies of previous test results.
The County Health Services has been doing individual water
testing. Pott will secure the name of another company that
does more complex testing. The Council suggested additional
testing areas include Tablyn Park, Jamaca Court and Tri-Lakes,
D. Park and Ride Site - The Administrator reviewed the
propose Mn/DOT-Park and Ride Site at County 13 and the
frontage road on I-94. The proposed site will hold 100 cars
with expansion capability for 250 cars. The major concern
of the Planning Commission was policing. The Council agreed
with the concept but feel the State should conform with the
City's requirements the same as any developer, and provide
LAKE ELMO CITY COUNCIL MINUTES, NOVEMBER 5, 1980
M
D. Park and Ride Site - the necessarylandscapingand ponding.
Po icing s ould be handled by the State Highway Patrol, since
the site is on State property. The Administrator will check
the status of the proposed bike trails along I-94
E. Airport Plan - Administrator Whittaker reported the Met Council
recommen ecTthat the Lake Elmo Airport be a minor general utility
airport, serving prop planes only. The Council agreed this is in
line with City Policy.
F. Clean
mats_a
deposits, shelter
rubber skati
L Lions rarx. ine uouncit agreed aii groups shaii, pay
a clean-up deposit regardless if other fees are paid or not.
Hours set by the Park Commission will be verified and discussed
at the November 18 meeting. The Park Shelter will only be opened
when the building is supervised, when key is requested, lights
are used or the field is reserved. Whoever signs for the key
will be responsible ;.':'.The Administrator will check the price
of skating mats for Council approval on November 18.
G. Trail Floodin VB/Sunfish Lake Park - The easement between
Valley Branch and t e City does not provide for bridging of
trails when pumping floods them. The Committee is to negotiate
with Valley Branch on protecting ski trails if problems arise.
Morgan will get together with Valley Branch to discuss this
matter and keep the Council informed.
H. 1006 Alternatives - The Council reviewed the map showing four
a terms naies,a�nd the cost of each,Valley Branch requests the
Council is preferred alternate.
Pout moved, seconded by Mottaz, to approve concept Alternate 1
or Alternate 2. Motion carried 5-0.
I. Commissioner Artie Schaefer -.'Armstrong moved, seconded by Mottaz
to invite Comnissioner4Sc-Sa-efer to attend the November 18 meeting
Motion Carried 5-0.
J. Fencing Pebble Park - Administrator Whittaker recommended the
Council consider fencing across the front of Pebble Park( on....:,:
Lake Jane Trail ) to cut down on vandalism. The Council agreed
this should be done and will be a priority project for next spring.
The Administrator will send a memo to the Sheriff requesting
additional patrol in this area.
K. City Hall Parking Lot - The Administrator asked the Council if
they consider the City Hall Remodeling plan and orientation of
the building adequate. He asked what part of the original park-
ing plan should be taken care of this year. Pott suggested putt-
ing in the curb stops and the second driveway to the south. The
Council reviewed the plan and agreed with Pott's suggestion.
The Administrator will get estimates for gravel.
L. Tree Nursery - Pott moved, seconded by Novak, to authorize the
piowing of 2 acres in Sunfish Park to be used as a tree nursery.
The cost not to exceed$100.
Motion carried 5-0. The trees will be planted in the spring.
LAKE ELMO CITY COUNCIL MINUTES, NOVEMBER 5, 1980.
dM
M. Newsletter Compensation: Mottaz moved, seconded by Pott, to
pay Molly Hees $175 per Newsletter for two issues
or less per month, for fiscal 1981. Motion carried 5-0.
This money has been appropriated in the 1981 budget.
LICENSES: Armstrong moved, seconded by Mottaz, to approve the
following licenses: Ransom & Sons, 1005 Dayton Ave.,
St. Paul; Blane Heating, 13562 Central Avenue, Anoka, Minn.
and St. Maries Sheet Metal, Inc. 7940 Spring Lake Park,
Rd., Spring Lake Park, Minn. Motion carried 5-0.
CHAIRS:= Novak reported the man doing the chair refinishing cannot
do the work until April, and asked if the Council had
any objection to him making or replacing missing parts.
The Council had no objections.
NO PARKING SIGNS AT THE END OF KLONDIKE: Armstrong moved, seconded
by Mottaz, to ask the County if the City can post No
Parking signs at the end of Klondike at the entrance
to the Regional Park. Motion carried 5-0.
TRAIL GROOMING: The Administrator asked if the Council was interested
in contracting with the County for trail grooming.
Morgan said, the only way the City could use the County
groomer is if it were set up for a single track down the
middle of an 8' trail. He recommended, if this is possible,
it should be done on a trial basis. Pott moved,seconded
by Morgan, to authorize up to $800. for trail grooming.
Pott said try it once, see if they can do it the way
Dave described. If so, we follow through with up to $800.
for the balance of the season. Motion carried 5-0*
*Morgan recommended the Council consider and check the
cost of a satellite unit for Sunfish Park.
VALLEY BRANCH -GROWTH MAP: Tabled until November 18
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