HomeMy WebLinkAbout05-18-82 CCMCLAIMS TO BE APPROVED AT MAY 18, 1982 LAKE ELMO CITY COUNCIL MEETING
82500
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82505
82506
82606
82607
82608
82609
82610
82611
82612
82613
82614
Cash - change for clean-up days $
Petty Cash - postage & Misc.
Ken Carroll - Chain Link Fence
T.S.B. Computer Center - Water Dep't utility bills
Washington County Parks Dept - Trail Grooming
Four Seasons Services - coffee etc.
City of North St. Paul - Animal Officer Vehicle
Edna Beers - Hosp. Reimbursement
Metro Waste Control Commission - Sewer Service Chg.
Junker Sanitation - April
Stillwater Book - office supplies
Mary Meyer - 5/11/82 newsletter
Peterson Bldg. Maint. - April janitor service
Larry Flaherty - Deputy for Demontreville access
Dave Heuer "' " ly
Gary Swanson " It "
Clean up Day
82615 David Eder " "
82616 Lawson, Raleigh & Marshall -
82617
82618
82619
82620
82621
82622
General
Prosecutions
M.S.A.
Givens, Inc. - Fire Dep't Keys
Capitol Electronics - Fire Dept
U. of M. - Fire Dept - 82 State
General Safety Equipment. - Fire
Kunz Oil Co. - Fire Dept gas
$ 60,00
50.00
$ 662.00
686.50
608.98
radio repair
Fire School (5 men).
Dep't - trk, repair
Lake Elmo Oil - Fire Dept gas $ 68.70
Maint, Dep't 115,`57
82623 Meyer Mercantile - Fire Dep't radio room $ 23.52
Maint.
82624 Moelter Construction Co. -
82625 American Telephone Systems
spaghetti dinner 81.79
- Skill Saw 49.99
Rope 54.50
Misc. 101.25
Maint. Dept - graver-"-
- Maint. Dept code phone
82626 Elmer Richert - Grading
82627 Lakeview Hospital - Bob Wier's
82628 Postmaster - postage meter
82629 thru 82�39 May 28th payroll
repair
eye, emergency rm.
50.00
43.11
30.00
87.50
619.93
13.45
125.00
100.00
118 .03
42.00
56.20
175.00
65.00
120.00 ?
60.00 ?
110.00
16.75
1,957.48
11.21
30.00
225.O0
34.10
24.00
187.27
311.05
162.09
35.73
81.25
44.10
200.00
4,5ep0.00
$ 9.,635.25
Question? Where is money for Deputies for Demontreville Access coming
from - what fund?
LAKE ELMO CITY COUNCIL MEETING, MAY 18, 1982
Acting Mayor Morgan called the meeting to order at 7:04 p.m.
l COUNCILLORS PRESENT: Novak, Fraser, Mottaz (7:15) Eder was absent.
Also present Administrator Whittaker (7:10)
1. AGENDA -
M/S/P Morgan/Fraser to approve the agenda. Motion carried 3-0.
2. MINUTES - Corrections -
'Page 1 - Councillor Morgan arrived at 4-47 6:47 p.m.
M/S/P Fraser/Novak to approve the minutes as amended. Motion carried
3-0
3. CLAIMS -
M/S/P Fraser/Novak to approve Claims 82500 thru 82639. Motion carried
3-0.
4. LICENSES -
M/S/P Fraser/Novak to approve the following licenses:
General Contractor -
Champion Construction of St. Paul
575 S. McKnight
St. Paul, Mn. 55119
St. Croix Pools, Inc.
13481 N. 60th St.
Stillwater, Mn 55082
Administrator Whittaker arrived at 7:10
5. 622 COMMUNITY EDUCATION ADVISORY BOARD -
A. Interview Barb Kiesling - Whittaker reported that Ms. Kiesling
notified the office she will be unable to serve as a representative.
There are no other candidates for the position.
R. Joint Powers Agreement - Joining Board -
As there are no candidates for the 622 Education Advisory Board,
there is no need to enter into the joint powers agreement.at this time.
ADDITIONS TO THE AGENDA:
Whittaker added the following Agenda items:
7:30 - Deputy discussion on County Board action regarding tow away
zone for Demontreville Access.
License - Blacktop Driveway Company
Claims - Deputy for Demontreville Access - $480
- Twin City Testing - Water Tower Inspection - $350
M/S/P Fraser/Novak to approve a Blacktop Driveway License for -
Blacktop Driveway Company
1543 Payne Avenue
St. Paul, Mn. 55119
Motion carried 3-0.
M/S/P Fraser/Novak to amend the Claims motion to include the following:
#826.40 - Larry Flaherty - Deputy for Demont. Access - $120-4/15-16
82641 Dave Heuer - " " - 60
82642 - Gary Swanson - IF11- 60
82643 - Twin City Testing - Water Tower Inspection - $350
Motion carried 3-0.
CITY COUNCIL MEETING, MAY 18, 1982
-2-
VITA COURSE INFORMATION - Whittaker distributed a pamphlet from the
Park Commission explaining a VITA course.
ASSOCIATION OF METROPOLITAN MUNICIPALITIES -
Fraser notified the Council that the annual meeting of the Assoc.
of Metropolitan Municipalities will be held May 26 at the Sherton
Inn; and urged interested Council members to attend.
Councillor Mottaz arrived at 7:15.
DEMONTREVILLE ACCESS -
Whittaker referred the Council to the letter from County Engineer,
Chuck Swanson, stating that the County could not support the
City's request for a tow away zone along Demontreville Trail by the
Demontreville Access. The County Board agreed to go with the City
and County Attorney to the County Court Judges and encourage them
to increase the parking violation fines from $5 to $20 or $25.
If,the Council supports this action, a meeting can be set-up for
Friday.
Officers Report on the access -
--Deputy Heuer - access is a mess
--Deputy Swanson - wrote a total of 25 tickets this weekend.and
turned many fishermen away because there was no parking available.
Access location is bad. Have had one accident, with injuries,
this summer. Only place fishermen have to go to secure their
boat when they leave the lake, is across the road in the "No
Parking zone. When a boat is using the access you have fishermen
waiting on the travel portion of the road to use the access.
--Greg Fouks - 7864 Demontreville Tr. - Attended County Board
meeting. County Board seems totally unaware of how bad the
situation is. County Board and DNR have recommended that the
residents pressure the City to close the access & push the DNR access.
--Swanson - has mixed feelings on a tow away zone - may be creating
more problems. Still going to have problems if the access is
closed.- access will be taken all along the shoreline.
--Fouks - if a..safe.,proper, enforceable access cannot be developed,
then close it -
--Whittaker - DNR acquisition of property from Derrick is in limbo.
DNR is going to sue Derrick for clear title - covenants cloud
the title. This may take more time than condemnation.
--Fraser - not convinced that the DNR parking lot will solve
the problem, nor is closing the access the answer.
--Mottaz - opposes closing the access.
--Novak - does not think closing the access is the answer. The
burden is not just the City's, have to have the support of other
legal bodies - would like to do something as far as the County
and Sheriff's Office.
--Mottaz -f_Am ltaX7;with the area for 35-40 years. Have had the
safest springs "and least amount of abuse to the whole area since
the public access has been opened. County Board is aware of the
problem - have asked for higher fines and for posts and cables
along the shoulders, in the past.
--Swanson - any car or portion of a car parked on the travel portion
of the roadway can be legally towed - without permission from
the County.
M/S/P.Mottaz/Morgan to recommend and encourage the County Court to
increase the "No Parking" fine to $25. Motion carried 4-0.
CITY COUNCIL MEETING, MAY 18, 1982 -3-
DEMONTREVILLE ACCESS -
--Morgan - for the present cannot close the access. Recommended
that the Administrator to write the DNR indicating that the City
cannot handle the present situation and that the City may be
forced to close the access after this year; and request them
to expedite their acquisition and plans for their access and
parking lot. Also, a sign indicating the fine for violation
of the parking regulation and indicating violators will be
towed should be placed at the access. The Council unaminously
supported the sign by the access.
M/S/P Fraser/Mottaz to hire off -duty deputies to patrol the
Demontreville access the weekends of May 22/23 and May 29/30/31
from 9 a.m. to 6 p.m. Motion carried 4-0.
LAKE JANE PUMP & FLOOD SITUATION -
Ken Evenoff, 9199 Jane Road N, informed the Council that the water
level on Lake Jane is rising 1/2" per day; and, requested Council
support in encouraging the DNR to permit Valley Branch to begin
pumping the lake when it reaches 921 rather than the required 923.
—Whittaker - Watershed District has called the City and asked
for City support to put -'..diesel pump in and install additional
pipe .with the help of the City crew.
--Evenoff - another problem is the boat traffic on the lake.
Requested the City ask the DNR to limit horsepower on the lake
until the water level is lowered. Presently, when boats go by
their wake washes over the retaining wall and splashs<water on
the house.
Whittaker will call the DNR and request they post a temporary sign
requesting boat operators to reduce their speed until the water
level is lowered. The City Engineer will have a report on the
water level later in the meeting.
6. HAMMES - MOVING BUILDINGS -
The Council reviewed the Building Inspectors memo on the status
of the five moved-in.buildings on the Hammes property. He recom-
mended that the buildings be permanently located before winter.
As several extensions have been granted to permit location and
foundation work to be completed, the Council asked the Hammes'
what�they intend to do with the structures.
--Dorothy.._Hammes - Bruce Folz is working on a plan to locate the
houses on their property, will be coming before the PZC for a
cluster development on the 40A parcel north of loth Street. Still
trying to sell one of the houses; but may locate it in the cluster.
Plan should be ready by the June14 PZC meeting.
--Morgan willing to defer action until after the PZC meeting.
--Mottaz - what is the status of the other buildings that were
to be placed on permanent foundations and/or torn down? Problem
isn't just one house that has to be relocated.
--Dorothy Hammes - still have one building to take down. Second
garage is not in its final location because have to get the other
building out. Intend to have the other buildings set -down by fall.
T-Novak - still need a time limit - 2 years is long enough to locate
buildings.
M/ Mottaz to defer action and -talk to the City Attorney to
determine how the City can ensure the necessary work is completed
in a designated period of time in order to avoid making continual
extensions. Motion died for lack of second.
CITY COUNCIL MEETING, MAY 18, 1982
6. HAMMES - MOVING BUILDINGS - Continued
M/'S/P Mottaz/Morgan to table action until June 15, pending the
review and recommendation of the proposed plan by the Planning
Commission. Motion carried 4-0.
7. CITY ATTORNEY'S REPORT -
A. Opinion On Use of City Buildings by Political Parties
The Council reviewed a copy of State Statute 202A.192 "Use
of Public Facilities". Although the Statute states City
facilities have to be made available it does not say what
facilities. Extent of the City's obligation would be to
make the Council Chambers available for precinct caucuses and
legislative district or county conventions, as required by
statute. Minimum rent can be charged.
M/ Mottaz to amend the City policy to agree with State Statute.
M/S/P Fraser/Novak to table further discussion and action until
all Council members are present. Motion carried 4-0.
B. Opinion on Effects of New Manufactured Housing Statute
On City Zoning Ordinance -
City Attorney reported he briefly examined the new Statute
on manufactured homes;and, in his opinion, there is no
reason to amend the present ordinance at this time.
C. Klawitter Commercial _Use - 60th Street -
The Council reviewed the Build mild q Inspectors memo that indicated
the Klawitters are operating a General Business Use in a Rural
Residential Zone.
The City Attorney said that if they are operating a business
at 9839 N. 60th Street, it is in violation of the Zoning Ordinance
and the action against them is to require them to cease and
desist for violating the Zoning Ordinance. The City will have
to prove they are in violation of the Ordinance.
M,/S/P Mottaz/Morgan to instruct the Building Inspector to notify
Richard and Katherine Klawitter to comply with the City Zoning
Ordinance and cease all business operation at 9839 N. 60th St.
within 10 days, If the Klawitter's do, not comply with the _
Building Inspector's notification, the City Attorney is authorized
to commence civil action against them.
--Whittaker 7-key issue is that the Klawitters are doing what
they told the City they would do when they applied for a rezoning,
even though the rezoning was denied.
Motion carried 3-1. Novak opposed - wants to consider the issue
further.
D. Rossow Rezoning - Attorney Marshall recommended that the Council
go into Executive Session, as provided by the Open Meeting Law
section on pending litigation. Will be discussing a law suit
that is pending before the District Court.
M/S/P Mottaz/Novak to recess the Council meeting to the City
Attorney's office for discussion of the Rossow Rezoning.
Motion carried 4-0.
The Council reconvened at 8:45 p.m.
CITY COUNCIL MEETING, MAY 18, 1982
-5-
8. OLD BUSINESS
A. Policy - Use of New CityOffices- Tabled earlier in the meeting.
B. Policy - $'25 Deposit for Use of City Parks by 'Youth Groups -
The Council re wed t e current policy.
--Morgan - Park Commission reviewed the policy and recommended
waiving the $25 deposit, but requiring a permit for`adult super-
vised groups under 16 years of age - this would include Little
League, hockey leagues, etc.
--Whittaker - recommended adding the PAC recommendation as Item 3
in the policy.
--Fraser - generally do mot favor dropping the deposit - not burdensome is useful. Clean-up deposit is different for_.,hockey because of
the weather conditions. Would like to retain the deposit, but
not extend it to hockey.
--Morgan - Policy should be consistant and applicable to all groups.
M/S/]' Morgan/Novak to amend the Fee Policy for City Parks to include
Item 3 - The $25 deposit will be w ved for adult supervised youth
groups under 16 years of age, provided a responsible adult secures
a permit from the City Office when reserving the facilities in
City Parks. Motion carried 3-1. Fraser opposed.
The Council will review the Fee Policy at a later meeting.
C. Cleaning 'Service Contract - Whittaker reported that Peterson
Cleaning Service is doing a better job of maintenance in the
City Office and recommended that their contract be extended through
the end of the year.
M/S/P Mottaz/Novak to extend the cleaning contract with Peterson
Cleaning Service until December 31, 1982, provided their work
continues to be satisfactory. Motion carried 4-0.
D. VBWD A(�Vlsory Board - Whittaker reported that Todd Williams
and David Keane are intere:stered in serving on the Advisory Committee.
M/S/P Mottaz/Fraser to recommend the nomination of Todd Williams,
3025 Lake Elmo Avenue and David Keane, 9359 Jane Road N. to the
Valley Branch Watershed Advisory Committee.
PIPE WORK ON LAKE JANE -
Councillor Mottaz reported that Al Dornfeld, VBWD, called and
requested that Carl Olinger be granted a permit to placecdirt over
pipe that was repaired by the pump on Lake Jane,
M/S/P Mottaz/Morgan to grant an excavation permit to Carl Olinger
to place dirt over the pipe repair area by the Lake Jane pump.
Motion carried 4-0.
BREAK 9:00 - 9:10
9. ENGINEER''S REPORT
A. 201 Report - Engineer updated and reviewed the 201 Planning
Summary wit t e Council. Lake Elmo's application for funding
should be ready when the final funding appropriation is made.
The summary indicates that all disposal systems needing improvement
can be handled on site. The Final Hearing for Phase 1 will be
held June 8, 1982, at 7 P.M. at Oakland Jr. High.
CITY COUNCIL MEETING, MAY 18, 1982
9. ENGINEER'S REPORT - I
B. Bids for Tablyn Park Parking Area and Driveway - Engineer Bohrer
reported tFiat t e� Higfway Department will accept a bituminous -spill-
way provided the City agrees to maintain the spillways, The
low bidder has agreed to reduce the bid quote by $1,057.08 to
compensate for the price difference between the bituminous spillways
and the metal flumes that were bid.
The PAC recommended that the City accept the low bid and
the cost reduction for the bituminous spillway.
M/S/P Morgan/Mottaz to award the Tablyn Park parking area and
driveway contract to Ace Blacktop, Inc, for the low bid price
of $9,238.83; and approve Change Order No, 1, for blacktopped
spillways, in the amount of $1,057.08, as recommended by the
City Engineer (memo May 17, 1982 - Tablyn Park Parking Lot Bids)
and the City Park Commission. Motion carried 4-0.
C. Re ort on CSAH 17 repaving - Engineer Bohrer indicated there
was nothing more to report odder than the County is.going to
overlay County 17 this summer,
D. Cost Estimate to Survey and Identify Right -of -Way Needs on
Klondike_- Tne Council reviewed the Engineer's sketch indicating
minimum needstheCity should have to provide, for a right-of-way,on
Klondike -to the south end of the Novak property and right-of-way for
a turn -around. TheEngineerrecommended. a 40 ft. wife r-o-w on
Klondike and a 120' x 120' square for the turn around.
( M/S/ Mottaz/Morgan to request Washington County to deed Lake
Elmo a 40 ft. wide right-of-way strip for Klondike Avenue, from the end of
present Klondike to the south end of the Robert Novak property, and,
right-of-way for a 120' x 1201 square turn -around on County park
property. This request is based on the fact Klondike Avenue has
been historically used as a residential City street, maintained
by the City of Lake Elmo;and because the County has purchased
all of the surrounding property, Klondike Avenue will not be
extended.
Discussion -
Bohrer - Consideration should be given to obtaining property from
Novaks should Klondike ever be improved in the future; also
the County should be notified that the gate and fence may have
to be ;relocated for the turn -around.
Motion carried 3-0-1. Novak abstained
E. Status Report on Keats Avenue - Bohrer reported that tenative
F- Fe-.
agreementdiasdeen reacdied �aitFthe Slawsons and Doris Buberl. He
is waiting for a figure from the Slawson's He determined the
Buberl easment could be eliminated by putting in a curb area along
her property and eliminat nq_the ditch. Bohrer reported that sDme
residents along Keats have requested the excess material. The Council
agreed that any excess material will be available to the Keats Ave.
residents. The Council also instructed the engineer to look at the
fill needs for Demontreville Park, per the PAC recommendation, as
a location for depositing excess material from Keats,
CITY COUNCIL MEETING, MAY 18, 1982
-7-
9. ENGINEER'S REPORT - CONTINUED
E'. Lake Jane -`Bohrer reported that the water on area lakes is
si ring 'an -a -that Valley Branch is considering installing a diesel
um supplement the electric pump to lement pp pump on Lake Jane. He reminded
the Council that there have been complaints in the past about the
noise of the diesel pump,
-aMorgan - should work at removing as much water from Lake Jane
as has been done in the past. There is more water coming in from
Lakes Olson and bemontreville than the electric pump on Lake Jane
can pump out,
The Council voiced no objection to the installation of the diesel
pump.
M/S/P Mottaz/Morgan to encourage Valley Branch Wateshed to install
a supplemental diesel pump on Lake Jane; and make City employees
avaihable to set up the pump and pipe time and labor to be
reimbursed by the Watershed District.
--Novak sythe Lake Jane pumping causing an increase in the
water level on Lake Elmo?
--Whittaker - Valley Branch Engineers have indicated that there
is no connection between the�rise on Lake Elmo and the pumping pf
Lake Jane. Motion carried 4-0.
G. Water Tower Pad nting - Bohrer distributed a written report
out ling tie resulrom Twin City Testing on the repainting of
the interior and spot painting the exterior of the City's Water
Tower. Based on the his review of the Twin City Testing Report,
the Engineer recommended doing the work as proposed in the report.
M/S/P Morgan/Fraser to table action on the Water Tower painting
pending"a report from the Administrator on available budget"
funds for the project. Motion carried 4-0.
10. A. Councillor Mottaz
(1), FStshing on 50th"Street - Recommended rescinding the shore
fishing restriHtIon al6ng_.50th Street on the'No'Ah end of Olson
Lake. There is ample room`for people to stand and fish from shore.
The exact'City right-of-way should be determined.
M/S/P Mottaz/Fraser to hire a surveyor to survey and stake the
City right=of-way along 50th Street N. The cost of surveying
services not to exceed $300, Motion carried 4-0.
(2) County Park Ordinance - Whittaker reviewed the proposed
changes as listed in Y�i'�s agenda memo.
M/S/P Mottaz/Novak toforward the City's recommendations to the
County Park Commission for their consideration of the County Park
Ordinance on May°20. Motion carried 4-0.
(3) Waste to Energy Program - Mottaz will represent Lake Elmo on
the Waste Ed Energy Committee. He informed -the Council -that 'Lake
Elmo is being considered as a potenital site and such a site,,aft the
City -'should be-c-o-nsider4d advantageous.
CITY COUNCIL MEETING, MAY 18, 1982
QE
10. COUNCIL REPORTS
AG; Mottaz-Continued -
(4) Bike Trails Along Co. 17 - Mottaz
from res dents that,wke to see
has had several requests
bike trails' along County 17.
M S P Mottaz Mor an ....
/ / /' g to request Washington County to include County
17 from Highway 36 to Highway '12 on their bikEi trail route.
Discussion
--Novak-- does not favor shoulder trails.
Motion carried 3-1. Novak opposed.`
B. Councillor Fraser - Fraser reported that several residents
*Amended have expressed concern about the safety of `the "intersection at State
6-1-82 *C-6i"rLy '5 and County 17, by Lake E166 Oi:l. Fraser recommended the
Council set up a joint meeting with State, County and concerned
residents" to hear the concerns, determine`a s1. clution and initiate
the necessary action to alleviate the hazardous situation at'this
intersection. Whittaker will contact the County and Mn/DOT.
ADJOURNMENT:
M/S/P Mottaz/Novak to adjourn at 10:13 p.m. Motion carried 4-0.
Highway