HomeMy WebLinkAbout09-15-81 CCMLAKE ELMO CITY COUNCIL - SEPTEMBER 15, 1981
Mayor Eder called the meeting to order at 5200 p.m.
PRESENT: Fraser, Novak, and Morgan, Mottaz,-(5:4�; City Administrator
Whittaker.
1. AGENDA: M/S/P Eder/Morgan, to adopt the agenda, as amended. Additions:
Park Commission - TablynPark Landscaping; workers for Park Shelter;
LAWCON grant-Demontreville Park Trails. Administrator's Report
Commendation for Bob Wier and Ken Carroll; lake access; Washington
County Plan; Lot reconveyance in Lanes Demontreville Country Club;
and Licenses.
2, MINUTES: September 1, 1981 - M/S/P Fraser/Novak to accept( the minutes of
September 1, 1981, as amended,
* Page 1, Item 5: Diane Trudeau - ..Section 301.070 D3C1 of
the Zoning Ordinance relating to lot size; and a 'h'ous'e moving
permit from 1924 Kely n'to 1_1 20th'S't.'C't., per t e Planning
Com ss'ion recommendation,
* Page 7, Item A: Seminar on Housing To be held 9/1-5/81
9/16/81.....
Morganabstained,
3. CLAIMS: M/S/P Morgan/Novak, to approve Claims 81716 thru 81768.
ROLLE MAXEY: Administrator Whittaker introduced Rolle Maxey, the new
Foreman/Superintendent to the Council.
4. PARK COMMISSION: Members present: Jim Yarusso and Bill Osborn
A. 'Rei'd''Park Tan � Whittaker passed out three master plan
proposals for Council review. The Council referred=the, proposals
to -the Park Comnis.sion'for'their consideration and recommendation.
M/S/P Fraser/Novak that the contract with the Park Planning
Consultants include the following provisions:
- After site inventory and analysis, but before preparing a
preliminary concept plan, the planners conduct or participate
'Amended in a public meeting to which everyone the park is
10/6/81 invited, interested in
- That the planners present possible approaches.
- That the people express their views.
- That there be an opportunity for a give and take discussion.
- That the planners consider these views in preparing their plans.
Whittaker distributed copies of the original Park Plan passed
with the bond issue. The Council generally agreed that the
original plan should not be used as a starting point for the
Park Planner, but, that changes from the original plan should
be listed and explained by. the Park Commission.
B. Benches, Pebble Park - Morgan explained why the Park Commission
recommended purchasing"and installing players benches this fall
rather,ahan waiting until spring, as the Council decided. After
discussing'the cost of the benches, Morgan said he will bring
the matter back to the Park Commission for reconsideration.
( C. Trail Grooming - Sunfish Park Whittaker reported that the
County is wil ing to groom the ski trails, and purchase a single
track groomer if the City would put up the money. Otherwise
they would use the two track groomer on the trails.
CITY COUNCIL 9/15/81
PAGE 2
---Morgan said the two track
through the woods, but does
Park Commission will discuss
groomer; but Mould prefer to
adjacent community.
groomer is ineffective on the trails
work well in the open areas. The
the purchase of a single track
work out a share plan with an
The Administrator will contact the County about grooming only
those trails that are out in the open.
D, LAWCON Grant - Dem'on't37'evi31e Park Trails ^ Whittaker reported
that the City may ose"t e s are of -the LAWCON grant for Demontreville
Park unless the trail work in that park is completed.
-Jim Yarusso reported that the trails are semi -staked and close
to completion; but workers are needed to brush out the trails.
Morgan recommended hiring the work done and charge any salaries
against the amount the City will receive in LAWCON funds.
The Council agreed to authorize up to $800 to complete the work
on Demontreville Park trails. This amount will be recovered
from appropriated LAWCON funds.
E. Park Shelter Worker •- The Council authorized the Administrator
to amortise for park shelter workers
Park Commission\Comments -
-ZB3.11 Osbofn questioned the maintenance charges against the Park
Budget. He feels the charges are higher than the services they
receive.
,-Administrator explained the charges are based on the time-
cards of the Maintenance Department; and - gave a breakdown
of some of the park work. He indicated performance and efficiency
will be more closely monitored in the future.
5,,PLANNING COMMI'SSPON: Members present; Michels Dreher, Halden, Gifford,
Naza.rrian, Prince, Mazarra, Lundquist, Crombie and Lyall.
The Council and Commission discussed the Met Council°s action
on the Comp Plan, the proposed road plan and the Jamaca Gate,
The Administrator will contact Mary Hauser, Met Council Rep,
Connie Levi,' State Representative, and Staff Consultants and
invite them to meet with the Planning Commission and Council
at the October 12 Planning Commission meeting to discuss the
Comp Plan and Landfills,
DINNER Ben's Elmo Inn � 6;20 p,m,
,Mayor Eder reconvened the meeting at 8e1.0 pm,
6. PUBLIC HEARING , 1982 BUDGET AND FEDERAL REVENUE SHARING;
Mayor Eder opened the Federal Revenue Sharing Hearing at 8ell p.m.
There was no audience comment on appropriation of the Federal Revenue
Sharing Funds,
Mayor Eder closed the hearing at 8117 p.m,
M/S/P Morgan/Novak to designate the 1981-1982 Federal Revenue Sharing
Funds for Police service ,
CITY COUNCIL 9/15/81
PAGE 3
A, ' Btadget`'axi'd4` �y
Mayor drier opeMele Budget Hearing at 8:17 p.m,
Marilyn Banister, Finance Officer�l reviewed the final budget summary
with. the Council..
Mayor Eder closed to hearing at 8140. p.m..
M/S/P Morgan/Mottaz; to adopt Resolution 81=E2,`
A .^RESOLUTION ADOPTING THE 1982 BUDGET AND LEVYING THE 1982
PROPERTY TAXES'.
B,,-:1'9'82 Pay�Rlan'
The oun� �c11"kb ei wed the Administrator's memo on the Pay Plan.
M/S/P Morgan/Novak to adopt the 1982 Pay Plan.
C. Auditor _ 1981 Report
Administrator Whi to er recommended the Council consider:appointing
DeLaHunt, Voto to prepare this years audit report, The estimate of
the Voto firm is comparible to Moen and Penttilalwho did the 1980
audit, Both the Administrator and the Finance Officer felt DeLaHunt
Voto provided a better report and service'.to the City,
M/S/P Mottaz, Fraser to appoint DeLaHunt, Voto as the 1982 auditing
firm,
7. OANDALE GUN CLUB;
Administrator Whittaker reviewed the Planning Commission recommendation
to approve the request of the Gun Club to move in a garage from Inwood
Avenue to replace a detoriating chicken coop that is used for maintenance
equipment.
i
Jerome Marah, Gun Club Representative, explained the condition of the
present building and what the move -in structure will be used for. He
said the Building Inspector has inspected the garage and all the necessary
improvements, to bring the building up to code, will be made,this year.
He indicated the exterior improvements will be made next year.
M/S/P Novak, Morgan to approve a moving permit for the Oakdale Gun Club
to move a 20' x 22' garage from 140 Inwood to the Gun Club to replace
a detiorating shed on the property, per the stipulations of the Planning
Commission and Building Inspector,
The Administrator will notify the Club of the deadline date as to when the
exterior improvements need to be complete,
8. WILLIAM JAMISON — VARIANCE FROM SIDE YARD SETBACK AT 10919 33RD ST.
in 1979 Mr. Jamison received a 7 ft. side yard variance to construct
a 24' x 24" attached garage. He is requesting a variance for an
additional 2 ft, in order to construct a 241 x 26' attached garage.
Under the new Code the side yard setback was reduced from 30' to
25' thereby making the variance 4' under the present code.
Whittaker explained the reason for the 251 side yard setback on
corner lots (street side).
Eder indicated that there was no hardship to justify the additional
2' variance and felt adequate area should have been provided for
the garage when the hotise-*as built two years ago.
CITY COUNCIL 9/15/81
PAGE 4
Jamison - Continued
M/S/P Eder/Novak to deny the variance request of William
Jamison based on a lack of hardship to the land and the
newness of the plan. Morgan and Mottaz opposed, Morgan
felt the denial was inconsistent with past action (granting
a 7 ft. variance 2 years ago), although, he did agree with
the basis for the denial,
9, REPORT CABLE COMMISSION:
The Council reviewed the Administrator's letter to Anita Benda,
Cable Consultant, Mayor Eder and Dave Garloff, Cable Representative
and alternatpg reported on the last Commission meeting and com-
mission activities during the past several months,
10. OLD BUSINESSz
A. Bingo Guardian Angel;:'s FallFestival,,,
4hittaker reported that Guardian Angel's will conduct,Bingo
at their Fall Festival September 20, Because the Bingo event
is held only once during the year, a Bingo license is not necessary,
M/S/P Morgan/Novak, to approve Bingo playing at Guardian Angels
Fall Festival September 20.
Dram Shop Insurancex
Whi taye—r reported that Guardian Angels carries Dram Shop Insurance
and provided a certificate to this effect, He further reported
on the difficulty for Green Acres to obtain Dram Shop Insurance
to cover individual events. The conclusion of the Attorney,
Insurance Agent and`Admin strator was-t�hat.eaoh individual
app.li.cahta'using Green Acres,provide proof of insurance before
a temporary liquor license is issued,
-_Fraser requested a clear cut statement from the City. Attorney
on what is the City's exposure and/or protection from a legal
point.
Council members discussed ramifications of requiring small
individual groups that do not carry Dram Shop Insurance. but want
to use Green Acres and serve non -intoxicating malt liquor.
Whittaker will get a written opinion from the Attorney,
B. MSA Project
1. Easement guidelines -
�
Engineer Bohrer re3viewed the redesign of Keats Avenue, to minimize
the impact on the Raleigh and Crocker property, The design changes
more equitably balance the easements on either side of the road.
He reported the total temporary easements comprise about 1.75 acres
on Keats. Bohrer read his letter on easement guidelines; and asked
for authority to negotiate for easements with the residents.
M/S/P Morgan/Eder to authorize the Engineer to ,negotiate with residents
* Add- along Keats Avenue for temporary easements in an amount not to
omnensation exceed, t10,sof market value-.�2,000. per -acre: -or g200 per- acre.- *Special
( for., features on the land will also be negotiated. Carried 4-0 Mottaz absent,
amended
10/9/81 2.. Variance appeals
No additional ininformation his been received,
CITY COUNCIL 9/15/81
PAGE 5
11. ENGINEER - OTH
1. Brookfield•, rainage,Plan Bohrer reported that the developers
have not su7m'i t'e�d 'additional,d:ata -to date, ion their revised plans.
2. "Tab'lyn Park'Land'scap'i��n��g� The Engineer reviewed 'the work
to be comple Par
around tHe"tennis courts, also what needed to.be done
to stop the erosion problem around the courts. He did not feel the
City crew could do the work as they do not have the necessary equipment.
Bohrer advised the Council the-work..,should":be done this year.,
-,14organ-Peals-$3800 iS.'too much money for what needs to be done. He
suggested soliciting another bid.
The Council discussed the time element with seeking additional"bids "
and ;seeding and sodding so late in the season.
M/S/P Fraser/,"Eder to attempt to do the necessary landscape work in
Tablyn Park, per the Engineer's recommendation, authorizing the
Administrator to solicit additional bids, to suet Mogr:en:.Bros.
as the high bid, ._to accept a lower bid and proceed with the neces-
sary work. If no lower bid is received the Mogren bid will be
accepted and the work authorized to be done this fall.
An explaination of this action will be sent to the Park Commission
with Adm. action delayed until -the Parkmeeting� pending strong
negative reaction from the Commission. Mottaz and Morgan opposed.
--Mottaz- does not think this is a good time of year to 'start ''this work.
12. NORM SESSING, ARCHITECT - CITY OFFICE ALTERNATIVES:
Norm Sessing and Tom Backe explained the feasibility study outlining
the four remodeling schemes for a new City Office.
The council .wk1l.teview the alt*wfiatives for'. discussion, October 6.
13. COUNTY LANDFILL/REGIONAL PARK:
Whittaker reviewed the Hearing. Examiners findings:;:-e:tpla.-Used the
present'status•and ppocedure on locating the .1-andfill in the
Regional Park, and discussed the City's options, per his memo
of September 15, 1981, "Landfill in Lake Elmo Regional Park
Reserve',
kAmended * M/S/-P- Mottaz/Morgan that Items 1-7,•Action Items listed.in Memo of
10/6/81 September 15, 1981 - Landfill in Lake Elmo Regional Par],.- be
adopted as the plan of action, Also all other avenues, legal
technical and political, be pursued to oppose the landfill site
selection in Lake Elmo, and . reitterate the City Council's
position opposing alandfilling' as a means of disposing of waste.
Discussion:
Fraser - Strongly goes along with 2,3,4,6, and 7; but not quite
willing to appropriate $1,000 for legal research and hire a law
student. Have great question that those expenditures will pay off.
Supports the others without question.
--Eder - technicalities may be the thing that overturns it if it
gets down to two sites, only,
--Whittaker - Total legal expense would be $1,000, including City
Attorney fees
--Fraser - Clarify item 1 to read - Appropniate $1,000 for legal
research including, hire a law student. %,000 is the maximum amount.
Council agreed on the clarification.
Motion carried as clarified 5-0.
9/15/81 CITY COUNCIL
14. EPA GRANTS - 201-1982: Discussed earlier with Comp Plan suspension.
i. ADMINISTRATOR'S REPORT:
A. Fall Clean -UP - The Council aqreed to the schedule, as
outlined; '
M/S/P Mottaz/Morgan to conduct the Fall Clean.:�Up as outlined in
the Administrators Memo of September 10, 1981 - Fall Clean -Up.
B. Compensation Plan Status � Discussed earlier.
_n _.__..T�
C. Street Light Petition
Mottaz recommended a-e err-ing new street light installations until
a Street Light Policy is established.
The Council tabled the issue until October 6.
D. 1006 Assessment ,
--Whittaker suggested that any area that is suppose to be contribu-
tory after the year 2000 be eliminated. He noted corrections to
maps, and went over the Assessment Hearing Notice.
--Novak - to big of a project; too expensive. Really hits people
with open land - will force people off their land. Should not be
extra run-off if the City policy of ponding is enforced.
The project should not be based on highest development.
--Mottaz - has voted in support of the preliminary studies; but
has always urged that an effort be made to purchase storage sites
at the inlet, starting as far north as possible and purchase storage
sites all the way along. Project should not be designed to handle
an absolute maximum that would ever occur within the District. Will
personally oppose the project - too massive, not trying to handle
the water in the most economical way, not fair consideration given
to the policy of Lake Elmo to preserve agricultural land.
Tom Armstrong addressed the Council on the 1006 Project, stating a
citizens group is being formed to oppose the project. He listed
the officials -who are backing the opposition and reviewed the history
of the Cttys's involvement with the District and their engineers,
stating $500,000 was the cost of the project presented to the City.
Mr. Armstrong requested the Council take the following action;
1. Rescind R-80-28A - Calling for 'Valley Branch Watershed District
to undertake certain improvements in the City of Lake Elmo and the
town of West Lakeland; and R-81-58 - I-94 VBWD Preliminary Fund Petition,
2. Request that the Cbunty Board consult with the City of Lake Elmo
before reappointing or appointing anyone to the Manager position,
presently held by Mr. Richard Murray. (The City was never consulted
on the appointment of Mr. Murray.)
Eder (former Watershed Manager) - the additional item about (dowering)
Lake Elmo through Tartan was suppose to be informational when I was
still on (the Board) through April. This is not related to Project
1006, as it was petitioned,
Eder suggested that the City say that the Watershed District has to
stick with 1006 and have to, obviously, find an assessment procedure
that is consistent with the zoning. $5,000,000 to put that pipe through
Tartan Park and Take Elmo was not what was requested.
CITY COUNCIL 9/15/81
PAGE 7
----Mottaz - I agree esentially with with Tom is saying, I do not
want to pull out of the 100.6 project ; but, I think something is
necessary. (Feel) should take the approach Maynard suggested
and tell them to get back to what we were originally talking about
as 1006 and tell them we do not favor their continually enlarging
and expanding on the program,
--Morgan - Thinks that the Watershed law ought to be changed so
that the Engineer's can't run amuck. Goes along with Armstrong
and thinks we should pull out, .
--_Mottaz � still thinks that there has to be something,
—Armstrong - say, as the project exists right now, we rescind the
motion, and indicate we are willing to work with the Watershed for
what we originally talked about. Noted that the project does not
mention acquisition of storage sites,
*Amended M/S/P- Mottaz/Morgan the City Council of. the City of Lake Elmo
10/6/81 hereby goes on record and instructs the City Administrator to
inform the Board of Managers of the Valley Branch Watershed District
that the City of Lake Elmo withdraws the support of, the City of
Lake Elmo for Valley Branch Watershed District Project 1006; because
the project, as developed, is not what the City proposed in
petitioning for relief from flooding on Lake Elmo and Horseshoe Lake;
and because the project, as developed, is far beyond what is
appropriate to handle the problem,
Discussion
---Fraser would rather go direction suggested by Eder, which is
more moderate - given this motion and given a vote tonight would
want to abstain - would need to study it more,
--Eder <- could be worded strong and say if you don't eliminate
the Lake Elmo alternative we would herewith withdraw from the project,
--Mottaz - feels the motion is essentially what Eder proposed in
that we would then be supporting only what we had agreed to at the
outset,
—Whittaker - should specify that originally the plan called for
Tartan Park to solve their own problem or the problem through
Tartan Park, and that they agreed to do it, in addition, they C3Ms•
were going to contribute $200,000 towards the project, Also specify
that we don't outlet Downs Lake or Sunfish Lake, that we get back
to the original project,
Motion carried 5-0.
E. E"x'hauat�F'an - The Administrator presented another bid from Anderson
eating €or $121 to install a simple fan,w/duct work, and for $640
for an electronic air cleaner, installed.
The Council authorized Don Anderson, Anderson Heating, to install a
a fan w/duct work, for $121. Work to be completed by October 6
F, Resolution,of
m/5lr riottaz/riorgan to as
commending Bob Wier and Ken
this summer in the absence
%�-ko`b Wier and Ken Carroll -
op"=esolution 81-63, A Resolution
Carroll for the excellent job the did
of a Foreman.
CITY COUNCIL 9/15/81
G. Licenses
cVr Ste-""Morgan/Mottaz to approve the following licenses
LeRoux Excavating
2112 64th Street
White Bear Lake, Mn, 55110
Ken Seefert - Croixland Excavating
10003 Mendel Road
Stillwater, Mn, 55082
Lowell Vanderhoff - Sewer Installer's License
2389 Geneva
St, Paul, Mn, 55119
Green Acres - Temporary on -sale non -intoxicating Malt Liquor License
NortBw--e ern State Bank of Stillwater
Northwestern Avenue
Stillwater, Mn, 55082
Midway Lions Club
825 University Avenue
St, Paul, Mn, 55104
H, Lot Release Lanes 'D'emontveville
11% o taz Morgan to release rots 526.527 and 612-613 for public
auction,
ADJOURNMENT: M/S/P Morgan/Eder to adjourn at 11:35 p,m,
Resoltuions;
81-62 - 1982 Budget
81r63 Commendation - Bob Wier and Ken Carroll
CLAIMS TO BE APPROVED AT SEPTEMBER 15, 1981 COUNCIL MEETING /
81716
Postmaster - V.B.W.D. postage (reimbursed)
$ 1,000.00
81717
T K D A - General $ 487.18
Well #( 2 Feasi. 1,141.08
201 Sewer Grant 2,505.02
MSA Project 811.41
4,944.69
81718
Lawson, Raleigh & Marshall
984.00
81719
Maynard Eder - Elmer's camera
80.26
81720
Walter S. Booth & Sons - envelopes
6.98
81721
Capitol ectronics - Radio Repair $ 17.00
Wz Encoder 175.00
192.00
81722
McCarthy Well Company - Turbine Oil
20.00
81723
Water Products Co. - Water Dep't, 15 meters
148.18
81724
T. A. Schifsky - M.C. Mix
43.78
81725
Pitney Bowes - Postage meter rental
42.75
81726
Lake Elmo Oil - General $ 5.80
Fire Dept 123.82
129.62
81727
Commr. of Employee Relations - Soc.Sec.Adm.
7.92
81728
81729
Junker Sanitation - August
Copy Duplicating - Maintenance Agreement -copier
0, 42.00
�u� 260.00
81730
Northern States Power - Landfill
84.61
81731
Moelter Construction - Gravel
75.49
81732
Metro Waste Control - monthly charge
,N 125.92
81733
City of North St. Paul - animal vehicle
125.00
81734
Lillie Suburban - Newsletter mailing $ 163.24�'
Legal Publications 18.19
181.43
81735
Oxygen Service Co. - Fire Dep't
10.50
81736
Kunz Oil Co. - Fire Dep't
10.00
81737
Brookman Motor - Fire Dep't - Scout repair
79.17
81738
Rolle Maxey - Final Interview Mileage - 152 miles
30.40
81739
Norm's Tire Sales - Maintenance Dep't
65.00
81740
Pozzolan Products - NSP Slag
147.38
81741
Wood Specialist - Brian Crombie's plaque
5.00
81742
Ilene Johnson - Sept. lst council minutes
71.69
81743
Washington Cty Assessor - 2,199 parcels @ $3.25
7,146.75
81744
North Star Chapter Review Seminar �.d
75.00
81745
George Ringwelski - Park Gate July & August
120.00
81746
thru 81768 - 9/18 and 10/2 payroll
9,500.00
$ 25,755.52
It-81.-63
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION COMMENDING ROBERT WIER AND
KENNETH CARROLL FOR THEIR EXTRAORDINARY
EFFORTS IN THE ABSENCE OF A MAINTENANCE
FOREMAN
WHEREAS, the resignation and retirement of
Elmer Richert effective August 1, 1981, left the City
without a Maintenance Foreman and the Maintenance Crew
one man short for over six weeks; and,
WHEREAS, Robert Wier and Kenneth Carroll did an
outstanding job of keeping up with the normal work load
under difficult circumstances; and,
WHEREAS, Robert Wier and Kenneth Carroll organ-
ized the work, managed their time, kept up supplies and
work orders, and kept the City Administrator informed of
their needs and progress without the aid of a Foreman;
and,
WHEREAS, the staff and the City Council greatly
appreciate these efforts
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF LAKE ELMO
THAT, ROBERT WIER is hereby commended and praised
for his extraordinacy efforts on behalf of the citizens of
the City of Lake Elmo; and,
THAT, KENNETH CARROLL is hereby commended and praised
for his extraordinary efforts on behalf of the citizens of
the City of Lake Elmo,
ADOPTED this the 15th, day of September, 1981, by
the City Council. of the City of Lake Elmo, Washington County,
Minnesota,
SIGNED:
Maynard L. Eder
Maynard L. Eder, Mayor
ATTEST:
LQr-
aUf ac�e_Z'. Wh a er
City Administrator
Y