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HomeMy WebLinkAbout07-20-82 CCMLAKE ELMO CITY COUNCIL MEETING JULY 20, 1982 Mayor Eder called the meeting to order at 7:00 p.m. at the City Hall. COUNCILLORS PRESENT: Fraser, Morgan, Mottaz, Novak. Also, City Administrator Whittaker. I. AGENDA - Additions: 4.C. T&S Excavating, Inc. 9.A.(4) Pay for Election Judges 9.E.(1) Bids on Public Works equipment 9.E.(2) Metro Salary Survey 9.E.(3) Lions Park Picnic Tables M/S/P Morgan/Novak to adopt the, agenda as amended. (5 ayes) 2. MINUTES - JUNE 15, 1982: M/S/P Fraser/Mottaz to accept the minutes as written. (3 ayes; Morgan and Novak abstain) - JULY 6, 1982: M/S/P Morgan/Novak to accept the minutes as amended on page 10, Item 11.H.2: add to 2nd paragraph, "...position on 1006." (5 ayes) 3. CLAIMS & .FI.RE DEPT. PURCHASES s M/S/P Morgan/Novak to accept Claims 82698 thru 82746. (5 ayes) ® M/S/P Morgan/Novak to approve Fire Department P.O. -#141 (5 ayes) 4. LICENSES - M/S/P Morgan/Fraser to renew licenses for: ® General Contractor - Michael J. Dickhausen Const, 9051 N. 31st St., L.E. ® Heating & Air Cond. - Owens Services Corp, 8900 E.Bush Lake, Bloomington s Sewer Installer - T&S Excavating, Inc., 2044 Chamber St, Maplewood 55109 (5 ayes) 5. BLOMQUIST/POPOV REZONING & SITE BLDG PLAN APPROVAL - Boris Popov presented plan of site location and request to rezone 2.06 acres from RuraliResidential to Highway Business; preliminary building plan for a 50' x 200' pole barn for storage and sales of hang gliders was not finalized as yet. His comments included: has negotiated 5-year lease with Blomquist on 556 acres, land not used will be left in agriculture production; building will be such that it can be moved after 5 years if necessary; area under pole barn is to be rezoned only; DOT and FAA regulations will be followed; area will not be public airport and there will be no rentals, to be used only for demonstration and testing; weather restricts°hang gliding to about 1 day a week so therefore low usage, plus building can only house 8-10 hang gliders; noise level is under 65 db, engine is basically used on takeoff. ( Comments and concerns of Councillors involved noise levels; interference with local air traffic (minimum elevation 1,000 feet); traffic congestion on ground and air; effect this rezoning approval would have CITY CQUNCLL MEETING, July 20, 1982 page 2 on future requests; legality of this type ( part of parcel) rezoning; and addressing future development of entire corridor with Planning Commission and Council input. M/S/P Mottaz/Morgan to adopt ORDINANCE NO. 7935 to rezone building site from Rural Residential to Highway Business as legally described: the Ez of SW-4 of Sec. 34, T29, R21; excepting Parcels A, B, C, and D F as described on Development Application Form J ; and subject to pipe line easement to Standard Oil Company and easement for public highways; and reservations, restrictions or easement of record, if any. (5 ayes) 6. ENGINEER'S REPORT A. Bids, MSE Project - M/S/P Morgan/Mottaz to adopt Resolution 82-41, TO ACCEPT LOW BID OF $170,613.25 FROM HUSTING AND ENGSTROM, HASTINGS, MN, FOR KEATS AVENUE IMPROVEMENTS PROJECT. (5 ayes) B. Condemnation Awards MSA Project - Regarding permanent and temporary easements for construction of Keats Avenue, Mr. Bohrer explained: he is waiting for written judgment, 7/20/82 memo is verbal; total amount of condemnation awards, court costs and settled easements ( to date is $10,917.77; every tree that can be will be saved after work is staked out; trees 4" dia will be transplanted as stated in contract, but can't guarantee growth since transplants will be done in August. Mrs. Raleigh was present to state her concerns about the many trees that are to be removed in front of her property. Eder assured her that any trees transplanted or any more -complex methods used to save trees on her property could be negotiated; however, expenses and trees saved would be deducted from the condemnation award of $5,600. M/S/P Mottaz/Morgan to accept MSA Condemnation Awards for easements for the Keats Avenue improvement project. (5 ayes) Acceptance of Appraiser's expenses will be decided when written notice is received from the court. C. Watermain Crossing Bids M/S/P Mottaz/Morgan to receive . bids for watermain crossing. (5 ayes) RR permit forthcoming. D. Old Village Drainage Issues - Engineer Bohrer explained drainage problems in area; advised by City Attorney that City has no_ established easement rights;, has contacted William Hagberg and John Lengyl, owners of property involved—Lehgyl will give City permission to do work, Hagberg will grant 1' of 2' removal request (con- cerned water will back up into Lions Park although Bohrer explained to him that Bro '<man Pond now takes care of that problem). CITY COUNCIL MEETING, July 20, 1982 page 3 ® Whittaker said that cutoff of drainage on Schiltgen's field is also causing water to back up into Roger's lumberyard (elevation on lumberyard initially determined by ditch elevation in field); could negotiate, condemn, or go to court and claim damages to lumberyard and C1ty. ® Novak and Fraser agreed that instead of "court talky" the better way to go would be discussions with these people to willingly allow work to be done. ® Whittaker will talk to Schiltgeh to see if agreeable solution can be arrived at. M/S/P Eder/Novak to instruct Engineer and City Administrator to work out a list of solutions that are acceptable to property owners regarding Old Village drainage problems. (5 ayes) 7. OLD BUSINESS A. Solid Waste (1) Waste to Energy - ® Mottaz reported on his trip to energy plant. in Boston. Written report will be completed this coming week and sent out to Councillors and petitioners opposing the plant, to include detailed history and information on whole process. Surprising aspects were: no odor (had to i be within 50' of overfilled area to smell anything); noise not an apparent problem; located in area where expensive homes line waterfront; and cleanliness of surrounding area. Other comments: ash is constantly monitored by state of MA (stricter than MN) and dropped into marsh area — no problems with metal content, etc; and is a paying proposition (such as tax breaks and selling steam to GE). 0 Fraser (visited plant in Boston with Mottaz) emphasized the lack of odor, and her overall impression is that this is a power plant as opposed to a garbage dumping facility. Other Comments: • Morgan - Council has to get together and come up with a list of demands that the City is going to require for such a plant —acreage; aesthetically pleasing? road requirements? to be given to planners in early development stage. • Consensus of Councillors was that they would submit list of suggestions to Mottaz or Whittaker before the next meeting. ® Eder - Suggests environmental impact statement. • Fraser - Regarding motion which follows, suggested that "future location" be guaranteed up to so many years. M/S/P Eder/Morgan to adopt Resolution 81-42, THAT, SUBJECT TO CONSIDERATION OF OTHER REQUESTS TO BE FORWARDED BY CITY OF LAKE ELMO AT A LATER DATE, THE CITY OF LAKE ELMO WILL NOT OPPOSE THE CONSTRUCTION OF A MASS -BURNING RESOURCE RECOVERY PLANT CITY COUNCIL MEETING, July 20, 1982 page 4 WEST OF HELMO AVENUE IN SEC. 32 OF THE CITY OF LAKE ELMO, PROVIDING THE CITY OF LAKE ELMO WILL NO LONGER BE CONSIDERED FOR FUTURE LOCATION OF A SLUDGE ASH, DEMOLITION, OR SANITARY LANDFILL SITE. (5 ayes) (2) Landfill Contamination - Washington County has agreed to survey the land, put in 8-10 additional wells where contamination is detected (done by this fall), monitor wells for contaminants, and determine what remedial action should be taken (2-3 months later). Whittaker will get list of contaminants found to Councillors. (3) Landfill Siting - M/S/P Eder/Morgan to direct Mr. Whittaker to write letter to Metro Council stating that Lake Elmo -is not in opposition to construction of Resource Recovery plant in Lake Elmo, but will take steps to prevent Sani.tary Landfill site in Lake Elmo, by law if necessary. (Letter is to be brief and to the point.) (5 ayes) B. On -Site Sewer Ordinance Concerns of Councillors were: • Novak - ordinance would be hard to enforce and City would become involved in a policing effort; however, agreed with Fraser that people should be aware of potential problems for prevention. • Fraser - City should inspect sewer systems. • Whittaker - Council has Model Ordinance that County is suggesting, 2 changes are written into draft and comments on how it differs from current ordinance; other.three concerns are in Bohrer's letter. • Mottaz - we should make inclusion of garbage disposal automatic, since some people put them in themselves. • Eder - we can adopt ordinance and have Whittaker come back with recom- mendation for more information and follow-up of enforcement procedures. At minimum, we should start program where we send annual information request to all with on -site systems. • Some examples of informing people are: booklet put out by U of MN, Pinky's Sewer Service gives out 1-page list of suggestions on how to prevent problems by maintenance, and Met Council suggests postcards. Morgan moved to adopt On -Site Sewer Ordinance with exception of Sec. 6. Motion amended: M/S/P Morgan/Novak to adopt On -Site Sewer ORDINANCE NO. 7936• (5 ayes) C. Flags Consensus of Councillors was to only replace flag stand in City Hall. D. Landscaping Standards Three Councillors and Whittaker were at Business Association meeting regarding landscaping standards for old and new businesses. Comments: CITY COUNCIL MEETING, July 20, 1982 page 5 ( • Novak - should not get real specific (such as type of trees, etc.). • Eder - can say percent of value of building could be used for landscaping. Also, take out "planting island." • Mottaz - standards need definition such as "screening.11 • Fraser - with new type construction, these type standards need to be applied, and old businesses encouraged to comply. E. Comprehensive Plan Amendment M/S/P Fraser/Mottaz to adopt Resolution No. 82-43 ADOPTING AMENDMENT TO COMPREHENSIVE PLAN REGARDING SEWER PLANNING. (3 ayes, Novak abstain, Morgan absent) 8. COUNCIL REPORTS - none 9. ADMINISTRATOR'S REPORT A. Elections (1) Polling Place - Consensus of Councillors was to leave it at Fire Station until more space is needed. Eder suggested signs telling people where to go. (2) Electronic Voting Machines - Whittaker had demonstration model and explained how system worked. Also, ( his memo of 7/20/82 to Councillors explained cost of equipment (could be recovered after 3 elections) and the advantages of using this system. State has approved only a couple of these systems for use in MN. M/S/P Eder/Morgan to adopt Resolution No. 82-44, THAT THE CITY OF LAKE ELMO GO TO ELECTRONIC VOTING SYSTEM IF WE CAN SPLIT PRECINCTS SO POSITION OF NAMES ON BALLOTS CAN BE ROTATED. (5 ayes) (3) Counting Center - M/S/P Morgan/Fraser to adopt Resolution No. 82-45, TO SET UP COUNTING CENTER IN OAKDALE, MN. (5 ayes) (4) Election Judges' Salaries - After discussion, M/S/P Morgan/Novak to leave election judges and chairman judge salaries at present $3.10/hour and $3.60/hour, respectively. (5 ayes) B. Proposed Use Hearing M/S/P Fraser/Morgan to schedule proposed Use Hearing for Federal Revenue Sharing for August 3, 1982 at 7:15 p.m. (5 ayes) C. Conferences - Upcoming conferences were noted by Whittaker for Councillors' information. CITY COUNCIL MEETING, July 20, 1982 Page 6 t D. Police Contract M/S/P Morgan/Novak that police contract with Washington County be renewed in 1982, with information on policing affairs to be provided to Councillors by Whittaker. (5 ayes) E. Other (1) Bids on Public Works Equipment - Dave Wisdorf has prepared specs on mower, dump truck and grader ... would like to get bids and then get financing alternatives. Consensus of Councillors was that grader should be.looked at more closely. M/S/P Morgan/Mottaz to give go ahead on getting bids for mower and dump truck. (5 ayes) (2) Metro Salary Survey - Eder and Novak requested copies. (3) Picnic Tables, Lions Park - Would like these put in before Huff 'n Puff Days. M/S/P Eder/Morgan to advertise for bids for picnic tables. (5 ayes) The meeting was adjourned at 10:40 p.m. Submitted by: Ilene Johnson, Acting Secretary ORDINANCES: 7935 - Rezone Popov/Blomquist building site from rural/residential to highway business 7936 - On -Site Sewer RESOLUTIONS: 82-41 - Accept bid for Keats Avenue Improvement 82-42 - Regarding mass -burning resource recovery plant 82-43 - Amendment to Comp. Plan re sewer planning 82-44 - Electronic voting system - repealed* 82-45 - Set up counting center in Oakdale - repealed* Precincts cannot be split; so these 2 Resolutions are unnecessary. R-82-41 I RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MI'NNESOTA A RESOLUTION AWARDING BIDS ON THE KEATS AVENUE IMPROVEMENT PROJECT AND AUTHORIZING THE CONSTRUCTION THEREOF. WHEREAS, pursuant to an advertisement for bids for the im- provement of Keats Avenue in the City of Lake Elmo, bids were received, opened and tabulated according to law: WHEREAS, it appears that Musting Engstrom is the lowest responsible bidder. NOW, TIiEREFORE, BE IT RESOLVED by the City Council, City of Lake Elmo, Minnesota. 1. The Mayer and the City Administrator are hereby authorized and directed to enter into any re- quired contracts with Husting and Engstrom in the name of City for the improvements of Keats Avenue according to the plans and specifications thereof approved by the City Council and on file in the office of the City Administrator. 2. Husting and Engstrom will proceed with the con- struction of the improvement pursuant to the plans and specification annexed to said contract. Adopted by the City Council of the City of Lake Elmo this 20th day of July, 1982. CITY OF 'LAKE ELMO Maynardtsder, Mayor ATTEST: nce E. Whitaker, City Administrator. R-82-42 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OF SUPPORT FOP, THE CONSTRUCTION OF A MASS-BURNINS RESOUP.CE RECOVERY PLANT IN SECTION 32, WEST OF I-IELMO AVENUE, SUBJECT TO THE ELIMINATION OF FUTURE SITES FOR OTHER LANDFILLS IN THE CITY OF LAKE ELMO. ' WHEREAS, the City Council of the City of Lake Elmo, be- lieves the construction of a mass -burning resource recovery plant in Section 32, west of Helmo Avenue, will be a perma- nent long-range,solution to the disposal of solid waste in Washington County; and, WHEREAS, the City of Lake Elmo does not oppose the con- struction of said plant if all the environmental concerns raised in the development and review of an Environmental Im- pact Statement are addressed and solved and the other reason- able conditions of the City of Lake Elmo are met; and, WHEREAS, said plant will fulfill the requirements of the State of Minnesota, the.Metropol.itan Council and Washington County for an adequate long-term solution to the disposal of solid waste in Washington County; and, WHEREAS, Washington County will not generate more solid waste than this plant will handle at any time within the plan- ning period; and, WHEREAS, with this plant, there will be no need for a sanitary landfill in Washington County; and, WHEREAS, the proposed site for a sanitary landfill in the Lake Elmo Regional Park Reserve will therefore be unnec- essary; and, WHEREAS, said site should not be located in the Regional Park Reserve 'because such siting would violate covenants on the land, Metropolitan Council policy, and State regulations, which prohibit siting landfills within 1,000 feet of a nark and within a park; and, WHEREAS, siting such a landfill in the Regional Park Reserve would permanently destroy the potential for a Regional Park Reserve at that location; and, WHEREAS, resources and opportunities for Perk Reserves have diminished considerably as a result of urbanization and reductions in funding; and WHEREAS, any landfill would be a temporary and enviro- mentally risk solution to solid waste disposal needs; and, R-82-4.2 WHEREAS, the siting of a landfill in the Regional Park Reserve along with the present contaminated Lake Jane land- fill, the Resource Recovery Plant, and other Metropolitan nuisances would greatly diminish the attractiveness and mar- ketability of land in large areas of the City of Lake Elmo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF LAKE ELMO, WASHINGTON COUNTY, MINNESOTA, THAT, subject to consideration of other requests to be forwarded by City of Lake Elmo at a later date, the City of Lake Elmo will not oppose the construction of a mass -burning resource recovery plant west of Helmo Avenue in Section 32 of the City of Lake Elmo, providing the City of Lake Elmo will no .longer be considered for future location of a sludge ash, demolition, or sanitary landfill site. ADOPTED, this the 20th, day of July, 1982 by the City Council of the City of Lake Elmo. SIGNED: ,Cf ..F[aynqyd L.r- , t�..`ayor r i ATTEST: &p C WAbK ,(. z , Laurence . Whittaker City Administrator 1982, by the City council II'"82-93 (.i RESOLUTION WASHINGTpN Or LAKE B',LMO COUNTY MINNESOTA T RESOLUTION AMENDI MG 20 INCORPORATE, THE plNDZNGS 201 FACILITIES EF LLMO COMP PLAN. AND RECOMMEND1 SIVE PLAN ATIONS OF THE Plan at theFIEREA5, the Cit t for Metron ond�the Mannend Y of Lake sot Irec xon ofEthe has complet 1?olitan Councila ^n/nCt1On Conp4etrol Dolit edWas 01 Fac' 1e do 11.i.t' K4�ropolitaIIBREAs said 20 A and U,S. EPAgancy and subm trol s Sewers in thel0at°ilities Plan pprova.l; and, tea Se on 32 Wbefores. Of of Lalce E].mo� redefine the need for 1990; and, Sewer wil:i not be needed eq a WHEREheI the nhIn out of public P1a side lent units of Me• that the Cit is sion and r. P. e4 11 HE'REAS the tropol1tan Sewer Will ls�ctdo 1 u t C3.a7001 rmined date. esp i' be needed b City Council 32 beforepopulation , Sec 2 aasthe waste yto r t° serve 2teves that t 1990; and cent' WHEREASlanned; and£nergY Resou�ce Recover Plaeatint �nn32 2,300 �?g On -site the City of. Lak is built in sewer syste e ElmoLOL has these IE1moSCorthe Metropol tan Wetlands, nd .Rsspr1cdt.Lvw °rdi.nanees vents, Prehensiv, lan Counc_' require e soils; and, OF' L . THE e P and must a prove these IT amendments WASIIIN SONRE ' BE Plan and .SOLVED 13 COUNTY, M1'NN.ESOT TI3E ClT Pages 53, 55 A THAT. Y NCIL OF COU 99 57 TH1' CITY and 56 of , 58, zerebY aDen de Lake Elmo Co 60, 85, II7 1 e °litan CounIve cydi.sub3ect mprehen, y5, 96 he findingsi , andr t° rev1ew b he an are ze �a.y the ayanacorpo aced 'in tile Lake aret Restrs Inenta regulating On-stte Comprehensive rehenszves e1mPlementi °by beComesI Wetlands, Plan, ng the Lake Epmo t of the CLAII,6 TO BE APPROVED AT JULY 20, 1982 CITY COUNCIL MEETING 82698 State Treasurer - 2nd Quarter Building Surcharge $ 565.02 82699 American National Bank - Investment transfer - repo 111,000.00 82700 Postmaster - postage meter 200.00 82701 Peterson Bldg. Maint. - June janitor work 65.00 82702 Lillie Suburban Newspapers - Legal Publications 69.96 82703 Mary Meyer - 7/13/82 newsletter 175.00 82704 Lawson, Raleigh & Marshall - General $ 181.50 Prosecu. 512.40 M.S.A. 332.00 1,025.90 82705 City of North St. Paul !1 Animal Control VeT icle (2 mos) 250.00 82706 Bellaire Sanitation - May Cleanup days 1,152.50 82707 Junker Sanitation 42.00 82708 James McNamara - Bldg. Insp. - 3 chapter mtgs. 30.00 82709 Gov. Info. Services - Govt findg. reports 38.00 82710 Stillwater Book & Stationery - office supplies 156.71 82711 St. Paul Book & Stationery - office supplies 24.37 82712 Jess Mottaz - reimbursement for Waste to Energy mtg. 84.08 82713 Copy Duplicating Products - paper 356.40 82714 George Ringwelski - lock park gate 4/20/82 tbru 6/30/82 140.00 82715 Minn. Ass'n of Civil Defense Directors - membership 3.00 82716 First Bank of St. Paul - Helm Bond Payment 21,825.00 82717 Kuehl Electric - tennis court - repair controls 172.84 82718 Metro Waste Control Com. - Sewer Service Chg 118.03 82719 Earl Hammes - 6 yds. topsoil - Street Maint. 24.00 82720 Bahls Motor & Implement - Maint. Trk. repairs 92.90 82721 Vern's GC Auto Parts - 54.39 82722 Clutch & U-Joint - flail mower repair 38.04 82723 Leef Bros - Maint. Dept. - rags 8.40 82724 Moelter Construction - gravel 612.94 82725 T. A. Schifsky - MC Mix 22.66 82726 Del's Sharpening Service - Maint. Dept. 9.40 82727 Lake Elmo Oil, Inc. - Maint. Dept. $ 60.16 Fire Dept. 11.39 71.55 82728 Kunz Oil Co. - Fire Dept. 95.20 82729 Oswald Fire Hose - Fire Dept. - hose couplings & clamps 291.50 82730 Givens, Inc. - Fire Dept. padlocks keyed 34.24 82731 Capitol Electronics - radio service 45.25 82732 Minn. State Fire Chief's Assn - annual conference B. Kuettner 75.00 82733 Commissioner of Revenue - Water Dept. sales tax 21.32 82734 Water Products Co. - Water Dept. supplies 82.23 82735 thru 82746 July\23, 1982 payroll 4,500.00 _$ _32,572.83 Total does not include $111,000.00 investment transfer