HomeMy WebLinkAbout10-20-81 CCMLAKE ELMO CITY COUNCIL MEETING, OCTOBER 20, 1981
1. Mayor Eder convened the meeting at 5:30 p.m.
PRESENT: Fraser, Mottaz, Morgan and Novak, City Administrator Whittaker
2. AGENDA: M/S/P Morgan/Mottaz, to adopt the agenda, as amended.
3. MINUTES: M/S/P Morgan/Fraser to adopted the minutes of Oct. 6, 1981,
as amended.
016.D. Pebble Park Ice A3!,esa Rink
4. CLAIMS: M/S/P Mottaz/Morgan to approve claims 81822 thru 81859.
Oh -the suggestion of Councillor Mottaz, the Administrator will
write Judge Armstrong urging him and the other judges to enforce
the maximum fines on City prosecutions, thus enabling the City
the recover some of its prosecution costs,
5. OFFICE PLANS:
Mottaz reviewed his letter to the Mayor and Council members
proposing the City lease 2400 sq. ft. of office space in -the
Brookfield II Office Building. He stated this proposal addresses
all the opposition to previous proposals by being more economical,
keeping the City office in the vicinity of the Old Village, and
eliminating the need to buy more land. He also outlined the
investment potential table.
MIS/ Mottaz/Eder that the City lease approximately 2400 sq. ft.
of space on the first floor of the Brookfield II building for
five years at $8.50 per sq. ft, per year starting on February 1,
1982, that, $25,000 be appropriated from the present buildng reserve
for interior work. Also, that the present City Office building
be sold and all monies from that sale be combined with all other
monies listed on the attached sheet as building reserves. In
addition, the approximate $190,000 remaining after the transaction
is completed be assigned to a permanent office space fund and
that from the interest earned from this fund lease payments will
be taken and that all interest money remaining after the lease
payments are made become part of the office space fund and be
likewise invested,
Discussion:
--Eder - Has read all the data, including remodeling of tike present
building, reviewed the investment table - thinks it is sound
reasoning and supports the motion,
--Morgan - The leasing of a., building for 5 years gets you
no equity in those 5 years. The appreciation on a building
of our own would keep up with inflation, If invest the money,
will not keep up with inflation, Plan A not too bad if eliminate
the site work.
--Mottaz' Cost of the building going in has to be considered. Also
with extensive remodeling and/or adding on ponding requirements
may be necessary - an additional cost,
--Morgan - Lease is for five years - no .further ahead at the end
of that time. If build our own building should be adequate for
20 years.
--Mottaz - Trade-off is not $100,000. If invest present reserve
money, this would more than pay the lease of the building and
part of the ]ease would include expenses we have now,
LAKE ELMO CITY COUNCILI-MEETING, OCTOBER 20, 1981
-2-
OFFICE PLANS:
--Fraser - Went over the architects report did not feel it wise
to proceed with any of the three alternatives. Pointed out several
detrimental features of the present location and the problem
of housing the office and staff during remodeling work. Stripping
down the least expensive alternative would result in an undesirable
project. Figures that have been put together for the rental/lease
proposal point out the best alternative so far suggested. In
this instance,it indicates private enterprise can build and
maintain buildings at a lower cost than governmental entities.
Supports the motion.
--Novak - Feels the remodeling of the present office building came
in at a reasonable price when excluding the fire hall and parking,
which will need to be taken care of regardless. Strong feeling
not to sell the present office building - strong need in the Old
Village for parking - City could help the situation by having
an adequate parking facility that people on main street can use.
Not wise to sell building and box -in the remaining City property.
--Morgan - If sell the present site, in particular to Joe,Rogers,
will create mass congestion for this area. Fire Department, -whole
area -will be short of room..
Should have more time to think about this alternative and listen
to what the architects have to say.
--Novak - Agrees with Morgan - questions the urgency implied in
the memo.
--Fraser - The urgency implied here is the same as has been implied
fbr all the alternatives. Moving ahead with this action does
not put the Council in an irrevocable position. Would be
unfortunate to delay unnecessarily - would like to see appropriate
movement rather than to postpone or table action.
--Novak - Could no way vote for this proposal. if looking into
rental,should include everyone in the City who has rental space
--Whittaker - Has checked out and contacted known rental properties.
W,Tq unable to. -find anything available or large enough.
--Morgan - Thinks the City should have its own office and should
not lease.
M/S/F Morgan/Novak to table, -until Nov. 3, the motion, to lease so
that_. the alternative before the Council can be considered and
material from the architect is heard. Motion failed 2-3 Fraser,
Eder and Mottaz opposed.
Fraser moved the previous question.
Motion carried 3-2 Novak and Morgan opposed.
Noak felt the decision was inappropriately made and extended
an apology, -to the architects for the time they put in and were not
given an opportunity to speak.
Whittaker briefed the Council on what the next steps are. He
will have Ekberg Lammers review the lease agreement and recommended
Sessing Architects provide an estimate for the interior design work.
Council said he should, instead, summarize the project and get
a list of architects/designers for next meeting, as well as have
Lammers review the lease.
CITY COUNCIL MEETING, OCTOBER 20, 1981 -3-
6:30 Dinner Break - Christ Lutheran Church
7:30 Mayor Eder reconvened the meeting.
BOB RYGG - AWARD TO CARMEN GENSKA17 — CIVIL DEFENSE:
Mayor Eder presented Carmen Genskay an award from the Minnesota
Association of Civil Defense Directors commending her for her
work in initiating a Civil Defense Program within Cimarron.
8. JAMACA GATE - SURVEY REVIEW:
Whittaker reviewed the survey results and the map indicating
the location of the residences, 24 residents wanted Jamaca
open; 13.residents wanted the gate reconstructed. He also
reviewed the Maintenance Superintendent's recommendation on
the placement of speed limit and stop signs within Foxfire.
The Police and Fire Departments want Jamaca Avenue to remain
open.
Audience Comments:
-Richard McGovern, 5080 Jamaca - Speeding has been a problem
through the area. This has been reported to the Sheriff's
Department. Would like to see Jamaca remain open; but, favors
speed bumps, stop signs, etc, that would slow traffic down.
Said- his neighbor did not get a survey but wanted it known
that he did not want the gate.
-Gary Leier, 5040 Jamaca - Asked if the gravel area at the end
of the pavement can be cleaned up.
-Vince Harnick, 9417 Jane Ct. - Asked who all received a.'.survey
and how many were returned. The Administrator responded.
-Helga Winandy, Somerset, Wi - Owns the lot adjacent to the gate.
Asked about which side of the gate they should locate their
driveway. Mayor Eder said this would have to be determined
after a decision was made.
- Mike Moen, 9112 Jane Rd. N. - Hasc:Balled several times on
reckless driving in the area. Asked why the gate was not put
up again, or Jamaca closed off permanently, as was discussed
a year ago. The Mayor indicated the gate had been replaced
several times - each time was vandalized and torn down. The
Council did not vote to permanently close Jamaca.
-Frederick King, 9077 Jane Rd. N. - Understood Jamaca would not
be a through street - a gate would be put up. Believes the
City Council should stand by their past decision.
-Whittaker reviewed the Developer's Agreement between Schifsky
and the City. The Council can consider or reconsider an issue
as many times as citizens bring it before the Council.
-0. VanDemmeltraadt, 9706 Jane Rd. N. - Does not think the surveys
from Foxfire should be counted because of the initial agreement
with the developer to construct a gate. Feels most of the
people in favor of opening the gate will not be affected by increased
traffic on Jane Rd. N. - appreciable increase noted. Anticipates
Jane Rd. N will have to be upgraded when a certain level of density
is reached. Asked who would be assessed - if such costs would
be incurred they should be assessed to the developer of Foxfire -
going back to the initial agreement with the developer.
-Eder - City is developing a road plan - developing a collector
system. Jane Road N. should not be - cannot be - a collector
street.
-Fraser - City has attempted to implement the gate arrangement
it has not worked - believes another gate would be torn down
CITY COUNCIL MEETING, OCTOBER 20, 1981
-4-
JAMACA GATE - CONTINUED:
-Morgan - gave the background of the Council's past action.
( Obligated to the residents on Jane Rd. N. to enforce the
agreement - the flow of traffic should be stopped.
-Mottaz - City has an obligation to put up the type of gate
that cannot be easily vandalized (not a farm gate). Have
budgeted for a sturdy structure and this should be put up
have an obligation to fulfill the agreement and put up a gate
that cannot be broken down.
-Novak - Fire and Police protection a concern.
M/S/P Eder/Fraser to open Jamaca Avenue from Jane Road N.
and install the safety measures (speed bumps;'stop signs, yield
signs and speed limit signs) as recommended by the Maintenance
Superintendent.
Morgan and Mottaz opposed.
M/S/P Morgan/Eder to authorize the City Engineer to view the
area and determine how to control the traffic flow, via signing
speed bumps, etc. and submit his findings for Council action.
9. PAUL MAGNUSON - PROBLEM ON LAKE ELMO:
The Administrator reviewed Mr. Magnuson's letter, which advised the
City to take immediate action to remedy the high water level on
Lake Elmo, with the Council,
The Administrator will send this letter to the City Attorney for
an opinion.
10. CABLE COMMISSION REPORT:
A. Joint Powers Agreement - The Council reviewed the agreement.
Whittaker explained the differences from the present agreement.
M/S/P Eder/Fraser to adopt Resolution 81-66, A Resolution
Authorizing The Mayor and City Administrator To Execute A
Joint Powers Agreement Providing For Membership Of The City
In The Ramsey -Washington County Cable Communications Commission.
4-0-1 Novak abstained.
B. By-laws - Eder has worked on the by -lays and sees no problem.
C. Needs Assessment - Iona Butler reported on the -cable survey.;;
presently being. processed,;F,r
D. Ethics Policy & Committee Report - Reviewed the October 16
letter from the Suburban Cable Commission.
11. OLD BUSINESS:
A. Street Light Policy - The Council reviewed the street -lighting
policy from Mahtomedi and agreed to adopt a like policy with the
changes noted by the,Administrator.:.,.
M/S/P Mottaz/Morgan to adopt a Street Lighting Policy, using
the Mahtomedi format with the changes recommended by the Administrator.
B. Joint Meeting with the Planning Commission - The Council will
meet with the Planning Commission in either November or January.
IA-ez-
Z e,
CITY COUNCIL MEETING, OCTOBER 20, 1981
-5-
OLD BUSINESS:
C. Position - 1006 - The Council and the Administrator discussed
developing the agenda for the October 26 meeting with the VBWD.
Suggested discussion items were limiting expenditures, I-94
plan, drainage areas, outlets, storage, flood areas -keeping
them flooded, larger project area, new philosophy.
9:15 BREAK
12. COUNCIL REPORTS:
A. Mayor Eder - Landfill Hearing -
Reported that the City lost round 2 with the County Board. MPCA
confirmed that the site was suitable. Mayor Eder and Larry Bohrer
attended the hearing before the PCA Board on October 19.
B. Dave Mown - Park Commission -
Reported that the Park Commission recommended hiring David
Kircht & Associates to draw the master plan for Reid Park.
M/S/P Morgan/Novak to accept David Kircht & Associates as the
planner for developing the master plan for Reid Park.
4-0 Mottaz was absent for the vote.
Jaycees - The Jaycees have come in with a plan to develop an
atheletic complex in West Sunfish Park. The Park Commission
endorsed the idea and recommended that the proposal be placed
on the Council agenda for the first meeting in December. The
Council agreed.
Trails in Demontreville Park - The park access to the park is
presently in litigation (Jungman is suing Derrick). The City
will ask for clear title during the court review
Sunfish Park - Morgan will meet with the Maintenance Superintendent
on the trails that need mowing in Sunfish Park.
13. ADMINISTRATOR"S REPORT:
A, Comp Plan Review - Whittaker reported that the pipe now
serving Crossroads Ford is large enough to handle all 6,000
new units, therefore, the City does not need to identify
any new trunk sewers, Engineer Bohrer has secured the sewer
flows; so the City does not have to calculate them. A letter
will be sent this week to the Met Council indicating these facts.
B. MSA
I. Variance - Discussed the previous procedure with the
City Attorney. He indicated the best way insure everything
is in proper sequence is to reapply for the variance.
M/S/P Morgan/Mottaz to adopt Resolution 61-67, A Resolution
requesting a variance from 30 MPH Design Speed on 45th
Street, Julep Avenue, and 47th Street.
2. KeatsAvenue -
M/S/P Morgan/Mottaz to authorize the City Engineer to
proceed with obtaining the necessary easements along
Keats Avenue and develop the plans and specs for the
upgrading of Keats Avenue.
CITY COUNCIL MEETING, OCTOBER 20, 1981
ADMINISTRATOR'S REPORT:
Q.
C. Attorneps Opinions/Report:
1. Landfill siting The law student is working on the
material. The report will be ready next week.
2. Dram Shop - City Liability - The Attorney indicated that
there is a remote possibility that the City could be held
liable should it not require Dram Shop Insurance,for
individual temporary liquor licenses, but he did not think
this was likely. Litigation, itself, would be a remote
possibility.
M/S/ Morgan/Novak to remove the Dram Shop Insurance .
requirement from the temporary liquor license.
Discussion:
--Mottaz - is the City liable by issuing the license.
--Marshall - cannot answer that. In this situation the
City is doing what the Ordinance requires - issuing a temporary
license. The primary function of Dram Shop Insurance is to
protect the people dispensing the liquor.
Motion carried 5-0.
3. Administrator's Contract -
M/S/P Morgan/Mottaz to approve the Administrator's Contract..
for 1982.
D. Mining Permit Forest Lake Contracting -
Forest Lake Contracting submitted a mining permit application
to excavate an area adjacent to Highway 5, owned by Lehart
Friedrich. The Building Inspector stopped the operation
as work was started without a permit. The Engineer reviewed
the site and determined the excavation should have no
detrimental:effects.>
On the advise of the City Attorney, the Council agreed a
double fee should be charged for the permit.(Per City Ordinance)
M/S/P Mottaz/Morgan .to grant a mining permit to Forest Lake
Contracting with double the fee charged for the permit ($50).
License renewal will be carefully reviewed,:if sought, in 1982.
E. Septage & Composting Sites -
Paul Brandt contacted the City on a site. The Administrator
asked Mr. Brandt for a written request; and for the County
to provide a plan for these types of sites.
The Administrator was asked to notify the County that with
all the action pending on disposal sites in Lake Elmo,
there is no more land available.
F, Forester - Ken Brackke indicated he could do the work the
City wants done for $500.
M/S/P Morgan/Mottaz to hire Ken Brackke as the City Forester
for 1982.
CITY COUNCIL, OCTOBER 20, 1981
-7-
14. LICENSES:
M/S/P Eder/Morgan to approve the following licenses:
( General Contractor
Bruce Fehr
1294 Ingerson Road
Arden Hills, Mn. 55112
Robert Hakeness
Bob's Custom Building
Eau Claire, Wi 54702
Heating and Air Conditioning
Forrest Heating Co.
995 Burns Ave
St. Paul, Mn. 55106
15. DNR MEETING:
Whittaker submitted a preliminary list of people who will
attend the meeting on the Demontreville Access. He suggested
limiting the attendance to those people who are familiar with
the City's position. He will notify the area residents who
have an interest in the access.
ADJOURNMENT: M/S/P Morgan/Mottaz to adjourn at 10:10 p.m.
RESOLUTIONS:
81-66 Ramsey/Washington County Joint Powers Agreement -Cable
81-67 MSA 30 MPH Variance
R-81-66
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR
TO EXECUTE A JOINT POWERS AGREEMENT PROVIDING FOR MEMBERSHIP
OF THE CITY IN THE RAMSEY-WASIIINGTON COUNTY CABLE COMMUNICATIONS
COMMISSION,
WHEREAS, The City of Lake Elmo has conducted various dis-
cussions with the affected agencies regarding the possibility
of City membership in the proposed Ramsey -Washington County
Cable Communications Commission; and
WHEREAS, there appears to be significant benefit to the
City which would result from City membership in this body;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elmo as follows:
1, That the Mayor and City Administrator are hereby authorized
and directed to execute the amended Joint Powers Agreement which
provides for membership of the City in the Ramsey -Washington County
Cable Communications Svstem,
2, That Maynard Eder and David Garloff be designated as
directors to represent the City of Lake Elmo during proceedings
of the Commission, The designated alternates shall be Laura Fraser
and Zona Butler who shall act in the absence of said directors,
3. That Resolution 81-56 is hereby repealed.
Adopted by the City Council this 20th day of October, 1981,
Maynar . Fier, Mayor—.� �—
ATTEST:
�JI�Jw C-1
LaurencePL. Whittaker
City Administrator
I
R-81.-67
RESOLUTION
CITYOF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING A VARIANCE FROM 30 MPH
DESIGN SPEED ON 45TH STREET, JULEP AVENUE, AND
47TH STREET.
WHEREAS, the City of Lake Elmo, Minnesota, has submitted °
to the Commissioner of Transportation the plans and specifications
for the 1980 Street Improvements,,S.A.P. 206-104-01, dated
July 11, 1980, and
WHEREAS, state aid funds will be expended on the improvement
of said property, and
WHEREAS, the City desires to improve these streets to
eliminate the cost of gravel maintenance and generally improve
the efficiency of the transportation system, and
WHEREAS, a Variance from 14 MCAR, 51.5032 Rules for State
Aid Operations under Minnesota Statutes, Chapters 161 and 162
(1978, as amended) Paragraph H,I, a., "Rural Undivided Geometric
Standards"' is requested for S.A,P.. 206�104-01, 45th Street, Julep
Avenue and 47th Street from Jane Road North to Keats Avenue, for
construction of the curved portions of the street at a design
speed of 30 mph where 40 mph is required.
A. The reasons for the request are as follows:
1., To utilize as much of the existing right-
of-way and roadbed as possible.
2. To minimize the amount of right,of-way
acquisition.
3. To keep prime agricultural land in production
which would otherwise be taken for additional
right -of -°way, in accordance with Lake Elmo
Comprehensive Plan and Metro Council. agricultural
preservation policies,
4. To address concerns of adjacent farm owners
expressed at public hearings regarding the
movement of agricultural machinery on 'the
road and its interaction with higher speed
vehicular traffic„
5. To avoid costs associated with additional
right-of-way acquisition and plan changes.
B. The economic, social, safety and envi.ormental impacts
which may result from the requested variance are as
follows.
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R-81-67
1, The economic impact of granting the variance
is that the City would replace a high maintenance
gravel road with a low maintenance bituminous
surfaced road„ By granting the variance the
City would also avoid condemning an additional
2+ acres of right-of-way and severing two parcels,
2. The social impact of granting the variance is
that based upon public meetings it appears that
the City would be able to obtain the 0,70 acres
required for a 30 mph design without condemnation
where a 40 mph design would require condemnation
and severing the two parcels,
3. There will be no adverse safety or environmental
impacts by granting the variance. The road
presently consists of a continuous gravel, road
with two right angle curves. It is planned to
erect adv'(sor_y speed signs on the 30 mph curve
if the variance is granted,
C, The proposed project will. eliminate an existing and
Proposed deficiency in the transportation system, if f
the variance is granted the street will become an
easily and economically maintained bituminous surfaced
street, if the variance is not granted it .is doubtful
whether any improvement will. be ordered, The street
will remain gravel surfaced and deficient in cross-
section and design for some time,
D. The effect on adjacent lands will be negligible if the
variance is granted.. .�If, the variance is not granted,
40 mph design curves will take additional prime
agricultural land out of production in conflict with
Lake Elmo Comprehensive Plan and Metro Council policy„
The 40 mph curves may also sever two parcels. As soon
s'
as the Lake Elmo Comprehensive Plan iapproved by the
Metropolitian Council, two adjacent property owners
will place their land in Agricultural Preserve.
E. The project affects six property owners.
F. The safety considerations that apply to the project
concern negotiating the requested 30 mph curves by
the motoring public. The existing gravel road and
its continuation to the'east are presently not speed
zoned. The speed is limited by the very nature of
the gravel surface. The road segment immediately west
of the project area is bituminous surfaced and zoned.
for 35 mph, The City of. Lake Elmo does not believe
the motoring public will. exceed 30 mph on this segment,
and
R-81-67
WHEREAS, the City was not given sufficient notice of its
right to appeal the decision of the Variance Committee; and,
therefore, could not appeal their ruling;
NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of
Transprotation be and is hereby requested to approve the variance
for the construction of said streets at a design speed of 30 mph.
and authorize state aid funds to participate in said improvements
and notify the City of Lake Elmo of. its right to appeal any
decision and the method to do so.
Approved this the 20th day of October, 1981, by the City
Council, City of Lake Elmo, Washington County, Minnesota.
SIGNED:
f�a�Znar E�r,�i�ayor �'
ATTEST: / 1(
i Laurence E. Whittaker
City Administrator
STATE OF' MINNESOTA )
COUNTY OF WASHINGTON) SS
CITY OF LAKE ELMO )
I hereby certify that I have examined the foregoing copy of
Resolution R-81•-67 with the original thereof in the files and
records of my office and I find said copy to be true, correct
and. complete.
Dated:
Laurence L.'WRETtta-er._s —
City Administrator
( (seal)
CLAIMS TO BE APPROVED AT OCTOBER 20, 1981 COUNCIL MEETING
81822
Postmaster - Postage Meter $
200.00
81823
U. of M. Equipment Operators Seminar - Rolle
50.00
81824
Petty Cash
35.75
81825
Commissioner of Revenue - Water Dep't Sales Tax
24.28
81826
Sessing Architects, Inc. - Office
1,014.22
81827
Buberl Landscaping - Tablyn Park
2,850.00
81828
Brookman Motor Sales - Fire Dep't paint for Scout
141.02
81829
Vern's G.T.C. Maint. Dep't parts
18.16
81830
Del's Sharpening Service - chain replacement
23.95
81831
Eastern Uniform Co, - Rolle's
38.97
81832
Unitog - Rolle's
33.50
81833
Lake Elmo Oil - Fire Dep't
15.00
81834
The Kunz Oil Co. - Fire Dept
88.85
81835
Road Rescue, Inc. - E.M.S. - Rescue Squad Equip.
118.00
81836
So.St.Paul Bee Line Service - Fire Dep't -Scout
45.00
81837
A & L Cement & Masonry - Tearing down garage (City)
150.00
81838
Junker Sanitation
42.00
81839
City of North St. Paul - Animal Control Vehicle
125.00
81840
Moelter Construction Co. - gravel
84.86
81841
Metro Waste Control Commission
125.92
81842
First National Bank of St. Paul - Park Bds. Sc.Chg.
35.35
81843
Stillwater Gazette - Cable Service Publication
15.72
81844
Mary Meyer - 10/13/81 newsletter
175.00
81845
Lawson,Raleigh & Marshall - General 325.30
MSA 30.00
Prosecutions 654.00
1,009.30
81846
Lillie Suburban Newspapers —legal publications
43.63
81847
Hejny Rentals-Demontreville Park Brushing Trails
74.20
81848
Anita. L. Benda - Businessmen's Assn Seminar
95.90
81849 thru 81859 October 30th payroll 4,500.00
11,173.58