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HomeMy WebLinkAbout01-18-83 CCMLAKE ELMO CITY COUNCIL MEETING, JANUARY 18, 1983 Mayor Eder called the meeting to order at 5:05 p.m. Councillors present: Fraser, Mazzara, Morgan and Dunn 1. AGENDA - Additions - 4. Licenses - Waste Hauler - Wayne Franta - Browning Ferris Eden Prairie, Mn. 13. Administrator's Report H. Diane Trudeau Morgan Resignation from PAC I. Acknowledgement of Planners Rates for 1983 J. Statute on Calling Special Meetings K. Status of Landfill Siting by Washington Co. L. Hose for Flooding Skating Rink -Lions Park M/S/P Fraser/Morgan to approve the Agenda, as amended. Carried 5-0. 2. MINUTES: January-4,-1983 - Corrections °Page 2 - Add - "This event was brought to Mayor Eder's attention by the Honorable Thomas Armstrong, who offered to assist on this activity". 'Page 6 - Paragraph 7 - Correct spelling of Fred Waterous. M/S/P Fraser/Mazzara to approve the minutes of January 4, 1983, as amended. Carried 5-0. 3. CLAIMS: M/S/P Fraser/Morgan to approve Claims 83379 thru 83412. Carried 5-0. 4. LICENSES: M/S/P Morgan/Fraser to approve the following licenses: Waste Haulers License - Bellaire Sanitation, Inc, 8678 75th St. N., Stillwater Wayne Franta, Browning Ferris, Eden Prairie, Mn. Heating & Air Conditioning Installers - Apollo Heating, 6440 N. Hwy 36, Oakdale, Mn. Standard ,Heating & Air Conditioning, 410, W. Lake, Mpls, Mn. Motion carried 5-0. 13. ADMINISTRATOR'S REPORT: A. Bid-Public,Official Liability Tnsurance - Whittaker informed the Council that w ile the Public Off ic- al.*s Liability Insurance was included in the General Liability Policy to be bid Feb. 4,,-the policy must be renewed by January 21. He suggested that the Council renew it now and review other bids when they come in. The City Manager's Association has recommended that Firemen be added to the policy-(Adm. memo:of,.1/13/83). The total cost for the Public Officials. Liability Insurance, including firefighters is-$1,462.60. The rate isthesame as last year.-.. M/S/P Fraser/Mazzara to renew the Public Officials Liability Insurance,,and include firefighters under same with Surplus Lines Insurance Company, Zignego Agency, Inc. contracting agent, for a total cost of $1,462.60. Carried 5-0. CITY COUNCIL MEETING, JANUARY 18, 1983 -2- 13. ADMINISTRATOR'S REPORT: B. Lega1'NeWsp'ap'er - The Council reviewed the Administrator's recommendation n (Memo of January 13, 1983) to designate Lillie Publications as the Legal Newspaper for the City. After evaluating the other publications, as listed, the Council concurred with the recommendation. Lillie publishes the Washington County Review., M/S/P Fraser/Mazzara to designate the Washington County Review the legal newspaper for the City of Lake Elmo, per the recommendation of the City Administrator. Carried 5-0. C. PERA Employ'ee'P'ay Cut - -- Mayor Eder very di ficult question - unfair that the State enacted this legislation; but, cannot favor salary compensation unless there are strong arguments presented to do otherwise. This has nothing to do with employee cababilities or job performance - this is an unfortunate situation with the City caught in the middle. -- Councillor Dunn -Hot only looking at a proposed pay increase but also have to consider the disposition of the Administrator and the possibility of hiring an assistant Administrator. Want to look at total budget items in conjunction with the pay increase. This is all part of the financial package. Should not make a decision tonight. -- Councillor Morgan - basically agree with the Mayor. Even if consideration was given to compensating this 2% it would require cutting out somewhere else. in the budget.to cover it. -- Councillor Fraser - not at the point of making a decision. Alternatives to be considered: 1. meet the request and add 2% to the employees pay. 2. reduce the work time by 2%. 3. wait and see what present legal action brings about. 4, do nothing - leave it as it is - employees pay the '2%.' 5. wait and review it in terms of the broader budget Prefer to hold off on a decision. -- Councillor Mazzara - reitterated the Mayor's position - Sees this as a State problem - the entire State is suffering not sure we should be the exception by making up this 2% - would be inclined to oppose the 2% increase as this goes along with how Washington County and most of the State is reacting. M/S/P Fraser/Dunn to defer any decision until pending legal action has been completed and until the over-all budget impact can be reviewed. Carried 5-0. 5. INVESTMENT POLICIES - MARILYN BANISTER: Mrs. Banister explained the city's current investment policy, and itemized the financial institutions and'the type of invest- ments that the City has. The average interest rate in 1982 was 12%, with the Building Fund Reserve at 14.25%. -The Council and Mrs. Banister discussed interest plus checking, , short-term low -investment CD's, bond payments and equipment purchases as they relate to the investment policy. 3. ADDITIONAL CLAIM: M/S/P Morgan/Mazzara to approve Claim 83413 to to Lake Elmo Repair in the amount of $313.90, for repair to the International Dump Truck. Carried 5-0. CITY COUNCIL MEETING, JANUARY 18, 1983 -3- 13. ADMINISTRATOR'S REPORT: D, ' 'Licenses '= Staff Handling - Whittaker'recommended that ( general licenses, other than "liquor licenses, be tevibw6d and handled by the office staff; appeals would still go before the Council. He will verify, with the City Attorney, whether there are any statutory requirements that certain licenses must be approved by the Council. Approved licenses will be sent out with the agenda packets for Council information. The Council expressed no objection or concern about amending the Ordinance'':to-provide for this change. M/S/P Morgan/Mazzara to instruct the Administrator to draft an Ordinance authorizing the Administrator to approve licenses, other than liquor licenses, that do not require statutory Council approval, that are routine and non -controversial in nature. Carried 5-0. E. Snowplowing Policies/Contracts - Deferred until later in the meeting. F. AG Preserves - Whittaker explained the necessity of expediting actionon�Ag Preserves as outlined in his January 13, Agenda memo. He recommended that an information meeting he held before the public hearing to inform property owners how to qualify, who is eligible and the benefits and liabilities of the program. The Met Council has offered to assist with this type of meeting. M/S/P Eder/Fraser to authorize the Administrator to set up a public information meeting on Ag Preserves for January 27, 1983, at 7:00 p.m. Carried 5-0. G. Watershed Planning - Deferred until later in the meeting H. Diane Trudeau' Morgan"= R'esign'ation from Parks Commission - Whittaker referred the Council to Mrs. Morgan's letter o resignation and indicated that this now.leaves three openings on the Park Commission for one full member and two alternates. The Council will interview applicants at the next meeting. M/S/P Eder/Mazzara to adopt R-83-16, a Resolution commending and thanking Diane Trudeau Morgan for her time and work on the PAC. Carried 5-0. * amended I. Planner Fee 'Increase - Whittaker notified the Council that*Rob 2/1/83 Chelseth is increasing.his planner fees from $30/hr to $35/hr. This fee has not been increased since 1981. J. Special Meeting Statute - Whittaker referred the Council to their copy of the State Statute concerning the calling of Special Meetings. Any questions should be directed to the Administrator or City Attorney, Ray Marshall. Whittaker will verify that this regulation is included in the Code. K. Landfill Siting Up-ofDate - Whittaker reported that the County Board, on t e advise their Advisory Committee, made a-recom-` mendation to the Met Council, against the second landfill site in Lake Elmo. The comments of the City Engineer, Larry Bohrer, made at the Advisory Committee meeting served as the basis for this recommendation. CITY COUNCIL MEETING, :9ANUARY 18, 1983 13. ADMINISTRATOR'S REPORT: L. Hose for Flooding Lions Park Skating Rink - Whittaker reported that the Fire Department as requested t at the City purchase 150 ft. of hose for flooding the skating rink. The -Department does not like to tie up.the�hose'from:,their trucks for__flo0aing the rink. The cost for the hose, a nozzle and a valve for turning on and off the hydrant is $271. The Park Commission reviewed the request and thought it was reasonable. The expenditure would come out of the Park Budget. M/S/P Morgan/Dunn to authorize $271 for the purchase of 150 ft. of plastic hose, nozzle and valve,for use at the Lions Park skating rink. This expenditure will be charged to the Park Budget. Carried 5-0. 6. LEE ANNETT - HOUSEMOVING FROM SEC. 32 TO TABLYN PARK 2ND ADD': Mr. Annett explained his proposal and reviewed his remodeling plans. He also indicated that theowner of the house has agreed to wait until -the frost --is out of the groundbeforerequiring Mr. Annett.to_move�the horse; Thiswill avoid having the house stordd on Mr. Annett's lot in Tablyn Park until he can begin work on the foundation. Mr. Annett took exception to the statement that the house may not compare to other homes in the area, stating the design is a matter of taste and after the proposed remodeling is complete it should be very compatible. All the work has been contracted out and, depending on the weather, the entire project should be completed -in 3-4 months. Audience Comments: --John Fitzenbergenk, 8830 27th St. Ct. N - spokesman for the surrounding residents. - Would rather not see the home moved into the area - not compatible with the surrounding homes. Acknowledge that City may not have solid legal grounds to deny request, therefore, residents would like: 1. Assurances that the improvements proposed to be made to the house are completed. 2. See the impact of this to the neighborhood to be negative - would like to see this negative impact minimized. 3. Urge the City to react in a positive way by developing a method or plan to assure that Mr. Annett holds to his representations as to improvements, and to make sure that the improvements are not superficial. 4. Would like to see the finished house look as aesthetically pleasing as possible - most of the homes 3 years old - do not want to see this house look like a 19 year old move -in. --William Hooper, 8820 27th St. Ct. N. - do not want this interpreted as a personal attack or vendetta. Moved into a"new area and expected new homes - important to stress that Mr. Annett is in this for an investment and not as a home for himself. Personally plan to put alot of time into own home and property to bring it up to a personal standard - this does not take 2,3, or 4 months, it is an ongoing thing. Hope can look at the home afterwards and be pleased with its appearance and feel that it does not detract from the rest of the homes. --Patrick Dahedl - 8850 27th St. Ct. N. - concurs with what has been previously said. Would hope, should this get approved, that this would not set a precedence in the neighborhood and open the possibility that additional lots would be purchased for the same purpose. Hope the improvements will be made and will not set a precedence for a form of investment for other people in the area to follow. CITY COUNCIL MEETING, JANUARY 18, 1983 -5- 6. LEE ANNETT - HOUSEMOVING CONTINUED: -- Eder - familar with the house and the is well constructed. Recommended that be put together outlining the require also suggested renewing the luster of the trim. This was agreeable with Mr. -- Whittaker - informed the Council of t h previous owner - house a development agreement d improvements. Eder the stucco and repainting Annett. e Planning Commissions recommendation to approve the request with several conditions. (planning Commission minutes of January 10, 1983) M/S/P Morgan/Mazzara instructing the City Administrator and City Attorney to draft a Development Agreement between Lee Annett and the City of Lake Elmo which clearly outlines the conditions and requirements Mr. Annett will have to fullfil in order to receive approval of his housemoving request. Recommendations and comments from the Mayor and Planning Commission to be included in this agreement. Carried 5-0. The agreement will be ready for approval at the February 1 meeting. DINNER BREAK - WHITE HAT RESTAURANT Mayor. Eder reconvened the meeting at 7:08 p.m. 7. PUBLIC HEARING TO CLOSE PUBLIC ACCESS TO LAKE DEMONTREVILLE: Mayor Eder opened the hearing at 7:10 p.m. Administrator Whittaker up -dated the Council and audience on the status of the access with DNR. He reviewed the map and plan approved by the DNR, locating the access and parking on the lake side of Demontreville Trail. The County Highway Department staff will review the map this week and additional comments or recommendations will be sent back to DNR for approval. Whittaker alp® reported that the court date on the covenants is still pending. The DNR anticipate this action_to-be,xesolved before spring. The DNR has agreed to condemn the'tvo lots they areuD�u chasing for the access if the covenants cannot be cleared up through the court action. Although'+most of the -access will be on County right-of-way, about one-third of the DNR:1ots in the 5th Addition will be included. Also, the City will have to acquire an additional 40 ft. of property from Lot 8, which is adjacent to the DNR lot. If the Council approves the plan, negotiations will be initiated with the property owner of Lot 8. If all negotiations, land acquisition, and approvals can be resplved; the access could be completed this year. Whittaker noted the biggest obstacle could be the funding of the road relocations- this will not come out of highway funds. --Eder - County Commissioners have viewed the area and are well aware of the proposal. Need to impress on them the urgency of this project and to convince them that this is a priority need. Commissioners expressed a favorable attitude toward this re- location - agreed it is safer, more logical, separates an activity from residential area, etc. Going to take a push from the City and residents to emphasize the importance of getting this done. --Whittaker - plan has minimized the amount of highway cost; This, alohg with the City providing the remaining 'right-of-way,_will help the City's cause. County has the money - just a question of what they spend it on. In.response to a;..question from the audience regarding the additional 40 ft - road could not be designed any other way and still get the access and parking lot on the lake side of the road. Tried to minimize the amount of property that would be needed for right-of-way. CITY COUNCIL MEETING, JANUARY 18, 1983 7. DEMONTREVILLE ACCESS - CONTINUED: AUDIENCE COMMENTS: --Daniel Endreis, 3023 Jamley Ave. - asked why the property ( across from the presently owned DNR property could not be used for parking. --Eder - area is the rearing pond - no land to park - mostly wetland. DNR own only the rearing pond, but have an easment over additional property, --not owned by them. --Michael Bonn, 1985 Geneva Ave. - has talked to DNR representatives about the new access - they are very anxious to get the new access in. Want to beep the present access open until the new one is complete. Present economic climate prevents fishermen from traveling great distances - Demontreville a good fishing lake and is close and convenient - provides family recreation. Fighting to keep the lake open. over 200 lakes in the Metro area with only 22 access - lakes belong to the public and they have the right to use their lakes - feel the Council has an obligation to let the public gain access to Demontreville as long as there have been no serious problems in the past„ should keep the access open until the new access is built. --Greg Fouks, 7864 Demontreville Tr. - Two points that have been discussed the last couple years are: 1. Safety - presented pictures showing the safety problems being created. Questioned why other Cities are closing or not opening accesses to their lakes. Have a safety problem in this area year round.. Have cars all over the place and the safety problem cannot be controlled. Cars are coming up the lake and taking huge runs to get up a very steep access - almost have to bulldoze their way up before they can get on the road. Safety is a problem that everyone has known about for years. 2. If the Council decides it is going to keep the access open, then it should be enforced. Don't think it has been and (City) canl.t`spend the money to do so, therefore, feel it it should be closed. Question around the lake - what good does it do to close it - just moving the problem some place else. One recommendation that the Council may want to consider is lets close the access, let°s rip out the tar, letas post it and keep that one launch section open`and",free of obstacles, so that if people are going to break the law they will break the law in front of our house, like they are doing legally now, so they stay off private property. Close the access so this spring it doesn't exist and there is an alternative to keep it off of other peoples property. --Beryl Garloff, 7856 Demontreville - whatever happened to the parking area on the north side of the cul-de-sac near the rearing pond. Originally a plan for that. --Whittaker after looking at plans, the Council decided that plan would create an unsafe situation in that location - people would be crossing Demontreville Tr. both to launch boat, then to park, also pedestrians would be crossing back and forth eg. shore fishermen and children. Felt could make it safer by moving the road onto the north lot and putting the parking and access on the same side of the road and eliminate cross traffic. --Beryl Garloff. supports closing the access for safety reasons. If the Council decides to keep the access open, would like to have a formal definition of how parking restrictions will be enforced - presently not being enforced unless residents call and complain - there is no formal patrol pattern - depaties only come by when there is a complaint. Would like this issue addressed. CITY COUNCIL MEETING, JANUARY 18, 1983 -7- 7. DEMONTREVILL@1 ACCESS - CONTINUED: --Jan Fouks, 7864 Demontreville Tr.. N. - the 'legalparking area, adjacent to the access creating a hazardous situation hazardous to leave driveway when it is icy- cars are right there --no place to go. Cars have to take a run at the access ramp to get off the lake - come flying out of access. Those that don't make it continually go to (Fouks) house to call tow trucks - tired of being the public warming house. --Eder_- astked if most of the cars still use the access to get onto the lake. --Jan Fouks - they fill up the parking area, rest drive out to their fishhouses.- when they return in the evening the area is steep and there is a hole in the ice a few feet out from the shore which requires the cars to take a run at the access. --Kim Zauner, 7848 Demontreville - also favors closing the access temporarily, until another access is built and the problem is resolved. It is a safety hazard - this winter has been unreal. The location of their driveway makes it very difficult to get in and out with the cars parked on the road because the snow is mounded up. Would like to see it temporarily closed until it can be resolved. --Eder - verified that the snow isn't adequately plowed back, so that the cars are not totally off the road, Mrs. Zauner agreed, --Randy Zauner, 7848 Demontreville - would like to see it closed. Big risk to the fishermen because of the condition of the access. Poor access and big safety hazard. Close it. --Allen Noreen, 7960 Demontreville Tr. N.- have been involved with this for the past four years. Plan that is proposed is very consistent with what a group of residents pecpmmended about the first time this was discussed. Regarding closing the access - think it is an unsafe situation, as it is presently, yet, at least, it is a controlled situation. Favor keeping it open until the new access is completed. --Roger McQuade, 7872 Demontreville - reitterate what neighbors have said - had the unfortunate incidence of hitting a car in front of his driveway, This becomes a traffic congestion and is very marrow. Has a steep driveway, but with the on going traffic it is inconvenient to get in and out. This is not limited to any particular day of the week - virtually seven days a week.. Is a fisherman and uses the lake, but the parking and traffic conditionsare difficult for the people in the immediate area. --Eder - appears problems are'created by snow not being -plowed: far enough off the shoulder, weather conditions and Lack of maintenance of the access- creating ar.`icy access area, and a problem at the"bottom of the access where the ice is separated from the shore, --:'veg Fouks - problem with the plowing is that when the County wants to plow cars are parked in the area, also the vehicles don't want to get too close to the bank area and get stuck so they keep a portion of their tire(s) on the pavement. --Al Noreen - this year, outside of snowmobiles, cars are not taking access at other points around the lake, but, think once the access is closed , no question, access will be taken across private property. --Michael Bonn - if the access is closed, when will the ice houses have to be taken off. Many houses on the lake - will have to inform dwners if thedate for removal is different from the State requirement. CITY COUNCIL MEETING, JA'NUARY 18, 1983 am 7. DE)MONTREVILLE ACCESS - CONTINUED: --Greg Fouks - fair point - realistically could not close the access this winter - saying,prepare for the spring, should make sure everything is ready and done when necessary. --Whittaker - cannot say how long construction -will take. Intend to coordinate the road and access construction so that it is done under one contract or done at the same time. Would not have to necessarily close the present access to work on the new one. Ice houses have to be off by February 28, under State Statute --Beryl Garloff - If decide to keep the access open, would like the enforcement issue addressed. --Eder - serious question - many factors,one of which is dollars. --Roger McQuade - owner of Lot 8. Would not favor the right-of- way acquisition from his property. As he missed earlier discussion, Whittaker suggested Mr. McQuade come in or call him to explain the proposal. --Daniel Endreis - suggested placing rock at the base of the access to make getting up the access easier - also sanding rVwoQld help as far as making the exit up the ramp safer. --Michael Bonn - believes this is as safe as it could be for the location - favors limiting the number of vehicles and enforcing parking violations. Mayor Eder closed the hearing at 7:40 p.m. Council Discussion: --Fraser -- find the movement on the part of the DNR encouraging. Think the pitoposed plan is the way to go. Seems further ahead than it was. Need to do whatever is possible to minimize the current safety problems and need to inform the deputies of the concerns about patrolling and ticketing. Would rather defer closing the access when it looks like the reasonable solution is coming. Also feel that:fEn,spite of the safety problems that have been cited, should the access be closed, believe would have safety problems over a much wider area and uncontrolled - would become worse. --Eder - suggested putting up a sign informing the public of the problems the access is creating and asking their cooperation to minimize these. Could put this in abeyance and hopefully move this along - want to get everyone in the immediate area behind the City Council to get this through the county Board - ask the residents to support the Council via letters to the County Board urging them to act on this proposal as quickly as possible so that this problem can be resolved tP is year. City will lay out some program to make sure there is a systematic approach to reducing the present problems at the access eg. sanding, notifying the County to keep the road as wide as possible, warning sign of cooperation, etc. --Morgan - have not changed position. Believe the access should be closed . In consideration of the ice houses, closing could be delay until March 1. Cannot see where a closed access will attract more people than an open access. Problem isn't going'to be any worse than it has been. As far as having the legal right to control the traffic - if there is a hazard there, whether or not there is an access, has nothing to do with the City's responsibility for trying to keep traffic safe in that area. Personally believe we should close it and pass on some of this responsibility to the County and the State. Particularly the County has been ducking responsibility. DNR still not acting quickly enough. CITY COUNCIL MEETING, JANUARY 18, 1983 7. DEMONTREVILLE ACCESS - CONTINUED: --Morgan - If the rest of the Council disagrees with the March 1 ( closing, it should not be delayed more than 30 days and there should be some visable sign of progress from the County and the State - otherwise it should be closed April 1. MIS/ Morgan/Dunn to close the Demontreville access as of March 1, 1983. Discussion: --Eder - would prefer to see this be tabled for 30 days to see if it cannot be resolved. --Dunn - by closing, will bring more attention to this matter and get the County to start moving. Delaying the closing just gives these other agencies more time to drag their feet. --Eder - people who are going to have the problem in the next 30, 60, or 90 days are the property owners. We want them to take a positive approach and qo to the County and ask for this funding - also want:the fishermen's -support - do not want to aggravate all kinds of people. County has said they are in favor - it's the matter of dollars - we need to have them set this as a priority. Do not want to risk loosing the funds. --Mazzara - would resist voting to close the access. Feel there are positive steps being taken to open a new one. Personally talked to the County Commissioners, they seem very positive and receptive about the new plan. Do not think it would benefit Lake Elmo, fishermen or anyone else to close this and wait for a new one to open. Keep the present one open- take precautions for.the safety hazards. --Fraser asked the Administrator if the following statement is correct - Big push with the DNR and the County for the realignment of the road is that we presently have an access that many people want because it serves a good purpose, fishing, and we have a bad safety congestion problem: If we close the access, then that problem has been technically done away with - might this have the effect of slowing down DNR by not providing as much positive pressure to get the County to contribute some funds and defeat our basic purpose. Would this weaken our position? --Whittaker - Yes, County staff has indicated that they think closing the access would , in effect, take them off the hook. There wouldn't be a safety problem on their County road and they wouldn't see any need to immediately invest in a by-pass for a new access. Have tried both approaches with DNR - just have to keep at DNR. Motion failed 2-3. Fraser, Mazzara, Eder opposed. --Morgan - not opposed to an access to the lake. Position was not a spur of the moment reaction - been involved with this situation since 1970. M/S/P Mazzara/Fraser to keep the Lake Demontreville access open and provide the following safety provisions: 1. A barrel of sand be located at the access to be used to provide a saf_ar, slower approach to Demontreville Tr, up the access ramp. 2. Gravel or rock placed at the base of the ramp where the ice has seperated from the shore. 3. Contact the County about plowing the snow along the parking area off the shoulder 4. Warning sign posted notifying the public of the safety hazards and requesting their cooperation for safe use of the access. 5. Notification and request to the County Sheriff for additional patrol, heh;-possible, and eiUJorcement of this area. CITY COUNCIL MEETING, JANUARY 18, 1983 -10- 7. DEMONTREVILLE ACCESS - CONTINUED: Discussion - --Beryl Garloff - still getting hassled by the Sheriff's dispatchers - also would like to see a more regular patrol of the area - only see the patrol car go by when it's on the way to an emergency,- like to see patrol record for this area. --Eder - will try to work out a schedule with the deputies - primarily on the weekends. Also need to coach other patrolmen, who are not Lake Elmo deputies, on what the City wants enforced in this area. Also, let City know of dispatcher problems right away. --Whittaker - short of hiring special patrol in the spring, the only way the deputies are going to know there is a problem is if a resident calls in. Only two officers for Lake Elmo they can't be on'Demontreville Trail with any regularity - can't be or they wouldn't be partroling the rest of the City they are aware of the problem and do patrol and go by this area. Go by as regularly as they go by any trouble spot in the City. Motion carried 5-0. Residents were provided with the names and addresses of the County Board -members. 9. PUBLIC INQUIRIES: A, Ray Salus - CUP for Mobile Home.- Mr. Salus requested that his CUP i3e renewed. Cimarron-Tas purchased the property that the State purchased from Mr. Salus,•and are negotiating to purchase additional property from Mr. Salus. When this transfer is complete he will move out. This land purchase by Cimarron will take his building site.• He anticipates negotiations to be completed by spring. He is:=_also listing his adjoining property for sale. Have to live there - have farming operation there - until the sale of the land is settled. --Eder - explained the background of Mr. Salus' situation. --Salus - old house burned - had intended on remodeling house and living in,it that is -no longer possible. Everything now is contingent on the sale of the property - cannot give a definite moving date..at this time. --Fraser - based on the unusual circumstances surrounding this mobile home CUP, believe it would be appropriate to continue the permit - Mr. Salus very much aware that the City wants the structure removed as soon as possible - appears this should be resolved within the next year. M/S/P Fraser/Dunn to adopt R-83-17, a Resolution approving a Conditional Use Permit to Ray Salus for a mobile home at 404 Lake Elmo Avenuexfrom Januaryi.1983, through December, 1983, Car. 5-0. 8. MIKE FOX, COUNTY PLANNING AND GARY HORNING ON REGIONAL PARK: A. Swimming Beach Mr. Fox introduced Jim Robin and John Teats, Landscape Architects, hired by Washington County as consultants on the boat launch and swimming beach facility, He.referred tho Council to a map of the Regional Park -and -outlined the areas where these facilities will be located. CITY COUNCIL MEETING, JANUARY 18, 1983 -11- 8. MIKE FOX AND GARY HORNING - REGIONAL PARK RESERVE: Mr. Robin and Mr. Teats presented their proposal for an up -land, artificial, plastic lined swimming facility. They determined this l type of facility was preferrable to developing a beach on the south end of Lake Elmo as it will provide the greatest flexibility in designing the type of facility proposed in the Master Plan and also have the least negative environmental -impact. Robin indicated they will be working with the County to develop a program for use - would like to interweave all types of use as 75% of the time at a beach is spend outside the water. Construction of the 'pool' with the different swimming activity -area§.,eg, diving, wading, competitive swimming, etc, was explained. The facility will be designed. to accomodate 2000 people per day as estimated in the Master Plan. Mr. Robin presented a slide review of similar swimming facilities located around the State. Size — water surface varies from 2 1/2 to 4 A Criteria - prepared list of criteria that any pool would have to meet - applied this criteria to every potential site in the park - existing lagoon (location, potential shore- line locations along Lake Elmo and the in -land location. The in -land location came out as the preferred option. Criterial included, aesthetics, water quality & clarity, environmental issues, engineering & buildability and the impact on the approval process. Recommendation would be to proceed with the up -land facility. Further explained the negative impact a swimming-`fac lity would have with -a-lake side location„-.- assured problems with an in -lake facility. Also, besides -being environmentally detrimental an in - lake facility_ could'prolong the prooess, and.delay funding to create a needed facility.- --Mike Fox_ 1985-was. the planned construction schedule - reviewing this time schedule. --Whittaker -,City felt it was ludicrous to put An art fical ?a ool' in the lake._ This seems more practical. Other concern was that this should not be developed if there is not funding for trails, camping, etc. that could be used more readily by the public. Concern always was that the cost of the swimming facility would be so high that other necessary things would not get done. --Morgan - always thought the swimming beach should be on the lake --Robin - based on information from water experts, the way the lake functions the Southeast corner of the lake is the 'junk end' of the lake - should seriously consider the water clarity and safety of the water quality. Cost is compariable for whatever type of plan is developed. The;; up -land pool offers swimming pool quality in a natural surrounding. A deep well will provide the water which will be chlorinated and filtered. --Ed Stevens, 10133 47th St. N. - familar with the beaches at Lily Lake and Square Lake - bothhave swimming beaches at thesouth end of the lake. Difficult to understand why a facility built up -land should not cost many times as much as a facility such as Square Lake or Lily Lake. Should point out the differences between Lake Elmo, Lily Lake and Square Lake. If lake bottoms are not different - cost should be addressed. --Eder - should prepare a:matrix and put down the facts. Was --a pri ately-run beach at the southeast corner - house has facilities in the basement that--wero used for the camp sites. This is owned by the County and going to waste.., B. Eagx.e Point Lake - C. K on)d,c Turn Around - Mr. Fox was not prepared to discuss item B and ancT defexrecT them to another. time. CITY COUNCIL MEETING, JANUARY 18,, 1983 -12- 8. REGIONAL PARK - CONTI'NUED: D. -tbat-Launch - Mr, Fox referred the Council to their copy of the Moat 1au.nch plans. Shape was designed around a group of oak trees that existed at the site. The site provides for 20 cars w/trai:.lers, down from the original 45, Cars will enter from the northwest, A natural pier or ramp will serve trailered boats with a sandy area provided for carry over craft, restroom facilities, some picnic area, and a. running water pump. Mr. Fox explained the landscaping plan. Sign.ing at the launch will outline the rules and regulations for use. Ih answer to the concerns outlined in the Administrator's letter of December 13, 1982: - Management of the Access - will not have someone taking tickets on plan for management of this type. The land form, shape of the area will help to control the direction and flora of traffic. - Shore Patrol - won't be any Shore Patrol initially, unless the City requests it later on. Then City would have to go to the Sheriff's Department or County. This is beyond the capability of the planning staff. - Waste Disposal - yes, there will be trash cans and toilet facilities, - Road System Adequacy - the basic road alignment has been designed by staff - the engineering, load limits, etc. have been handled by the Highway Department. Gravel surfaced roads will be put in this summers These will remain gravel, for about two years before,they arechard surfaced,;,. The bulk of the:roads and parking areas will'be done 'ahead of time, The launch will be built this summer, - Sewage Treatment On -site - initially there will be chemical toilets until restrooms can be constructed. - Police Protection - have a full-time park deputy. Also have a deputy living in the park - not a park deputy. - Hours - have not been set,as yet. A public information meeting will be held March 22, in the Lake Elmo Elementary School at 7 p.m. to answer any and all questions on the Regional Park Reserve. --Gary Horning - would welcome any input from the City Council for the informational meeting. -Laura Fraser - need to address she factors concerning the beach facility - many residents want and felt the Regional Park would provide the opportunity for a swimming beach on the lake. 10. GARY FRENCH - ST. JOHN'S HOSPITAL: Gary Fuenoh, vice President for Hospital Services for St. John's Hospital, up -dated the Council on St. John's relocation plans in Maplewood, gave a slide presentation on the Health Resource Facilities and asked for Council endorsement for the phased relocation of St. John's Hospital. Mr. French is asking the support of communities that will be served by St. John's so that this endorsement can be included when they submit their Certificate of Need, on the 18 of February to the Metropolitan Planning Board..- Completion of the facility is scheduled by 1985. --Eder - obvious there will be substantial users in Lake Elmo - does not see anything controversial. in supporting the relocation plans. CITY COUNCIL MEETING, JANUARY 13, 1983 -13- 10. GARY FRENCH ^ ST. JOHN'S HOSPITAL: --Fraser - feel alot controversial about supporting this. To listen to a brief presentation and then endorse it would ( be to take an inadequate look at the situation. If we were to endorse it we would want to have a much more extensive look. Do not want to take any action. The Council agreed to table a decision until the next meeting, 11. ENGINEER'S REPORT: A. 201 Sewer Program - Engineer Bohrer reported that on July 6, 1 9187� this Council passed a resolution authorizing the application for grants for the design and construction of septic systems improvements identified in the Step 1 report. TKDA has now prepared the grant applications for Steps 2 and 3 along with the required NPDES permit application, Bohrer then explained the changes in the grant program which will affect the City's share of the cost. The impact to Lake Elmo is that the City share .increases from an estimated $230 per improved system to about. $750 per improved system. Application for the grant funds does not obligate the City to proceed with the program. These new costs are preliminary, and the Engineer asked for time to evaluate the effects of ` the changes. He will. report back to the Council before the grant offer is received. Bob Callery of TKDA then explained the two resolutions which are required. The first designates the City Administrator as the 'authorized representative' of the City; and the second one states that the City will pay the local share of the project cost. Again, is City is not obligated to proceed should it determine the cost is too high. M/S/P"Morgan/Fraser to adopt R-83-18, a Resolution designating the City Administrator as the Authorized�Representative of the City of Lake Elmo for all grant related matters; and, agreeing that the City will pay the local share of the project costs, should State and Federal grants be offered and accepted and a project constructed . Carried 5-0. M/S/P Fraser/Mazzara to authorize the Mayor to sign the NPDES permit application. Carried 5-0. B. Grading Plans - Demontreville Park and Reid Park - Engineer Borer provided a cost estimate of �5,000 for engineering services to construct the parking lot, entrance drive aid trails at Reid Park. The City has received a.-$13,000 LAWCON grant offer to construct these improvements. He also estimated $2,200 for the grading plans for Demontreville Park and $4,000 for the Reid Park grading plan, The Reid -Park cost could bereducedto $2,0OO if the grading plan were done in conjunction with the LAWCON improvements. M/S/P Morgan/Dunn to authorize the Engineer -to prepare plans ( and specifications for the Reid Park LAWCON,-,grant improvements and also to prepare a grading plan for the remainder of the 11 acre active area of Reid Park for a total estimated cost of $7,000. Carried 5-0. Morgan indicated that he would like a recommendation from the Park Commission on the grading plans for Demontreville Park 6th Add. CITY COUNCIL MEETING, JANUARY 18, 1983 -14- 11, ENGINEER'S REPORT: D. Alarm System - Water Tower - On the instruction of the Council the Engineer prepared specifications for a water well and storage alarm systera. The alarm system would monitor high water level, low water level, low temperature and power failure and signal a failure over a telephone line to a central alarm station which in turn would telephone five designated employees. -,The first employee reached would be notified of the emergency. The estimated cost is $2,500 for the installation of the alarm including set-up plus a monthly charge of about $20for the monitoring services plus the telephone line cost. Some of the Council members were concerned about the on- going costs to monitor the system. --Dunn - asked whether a horn or light system would not be more economical and serve the same purpose.. --Bohrer - problems arise when the light is not checked on a regular basis and can go unnoticed during the night, over holidays or on weekends when not too many persons are around. A horn can become a nuisance if there is a long time lapse between the horn going off and a City employee cancelling the signal. The alarm system for which the specifications were prepared was meant to provide the same level of reliability as having a weekend maintenance man checking the system. M/S/P Morgan/Dunn authorizing the City Engineer to solicit bids for an alarm system with a cost comparison for a horn and light warning system. --Discussion - --Dunn - suggested a light rather than a horn - area of the alarm is den--ely populated. Phone system creates an on going expense - alternate systems provide a way to save money and reduce the monthly and yearly costs. --Bohrer - the telephone system was selected by the Council when the options were presented earlier. Motion carried 5-0. E. Wetlands Study - Bohrer reported that he discussed the compilation of the wetlands inventory map with Doug Thomas, Soil Conservation District Conservationist. He stated that the map was intended to show the natural drainage features of the City as opposed to the manmade drainage features. Mr. Thomas agreed to show the Lake Olson outlet and also to include a bibliography which would list the existing documents which were used in the preparation of the map. M/S/P Morgan/Mazzara to accept the Wetlands Inventory Map as amended and presented by the Engineer. Carried 5-0. F. Section 32 Mapping - Bohrer reported that he had misinformed foie Council on the mapping of Section 32. He previously reported that the County had agreed to map all of Section 32. This was incorrect. The County intends to map only 240 acres of which 160 acres are included in Section 32. This would leave approximately 500 acres remaining in the City'`s potentially sewered area unmapped. He met with County Officials and received an estimate of approximately $5,000 for preparation of totographic mapping outside the County mapping area. CITY COUNCIL MEETING, JANUARY 18, 1983 -15- 11. ENGINEER'S REPORT: ( F. Topo'Mapping Continued - --Eder will have to notify the County that the additional expense will have to become a part of the City's planning cost. --Whittaker - try to lobby Rip Reibel and Artie Schaefer - County is creating the need for the study in order to properly design the trunk sewer that must be extended to the Waste/Energy Plant. --Bohrer - Mark Hurd flew this area on speculation, the aerial photographs are taken of the area that is needed - just a matter of doing the maps. G. Street Rehabilitation Feasibility Report - The Council received� a copy of tie feasi ility report. --Morgan - asked to delay consideration as he did not have adequate time to review the report and the assessment options. After some discussion the Council decided to call a hearing and find out what the residents have to say about the improvements. M/S/P Morgan/Dunn to adopt R-83-19, a Resolution calling a public hearing on February 23, 1983, at 7:00 p.m, for the 1983 Street Rehabilitation Program. Carried 5-0. M/S/P Morgan/Eder to extend the meeting 5 minutes. Carried 5-0. 13. ADMINISTRATOR'S REPORT: E. Snowplowing Policies - Deferred until February 1. G. Watershed Planning - Whittaker reported on.the Cottage Grove Ravine Watershed meeting, There was agreement to work together to develop a joint powers agreement. Looking for City support to go with.a Watershed District or. joint powers--agreementby February 17. --Eder - since we are such a small part of this we would tend to have to go along with Woodbury and Cottage Grove feel is the best way. (2) Cliff Aichinger Consulting Service - the Council agreed to 'a e Mr. Aic nger attend a'Council meeting and give his presentation. The Administrator will set up a meeting date with him. M. Demontreville Access Plan - M/S/P Morgan/Mazzara to approve the proposed plan for the Demontreville Access as presented by the Administrator. Carried.,5-0. ADJOURN: M/S/P Morgan/Mazzara to adjourn at 10:45 p.m Carried 5-0. Resolutions: 83-16 - Diane Trudeau Morgan Commendation 83-17 - Ray Salus CUP 83-18 - 201 - Designation of Authorized Representative & City Share of Cost Agreement 83-19 - 1983 Street Rehabilitation Hearing. R-83-18 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REGARDING AN APPLICATION FOR FEDERAL ASSISTANCE FOR CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES. EPA PROJECT C27-1411 WHEREAS, the City of Lake Elmo has previously authorized the filing of an application for State and Federal grants for the construction on recommended wastewater treatment improvements, and; WHEREAS, the City must again designate an authorized representative for the grant project, Arid; WHEREAS, the City must agree to pay the local share of the project costs should State and Federal grants be offered and accepted by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that: 1. The City Administrator shall be its authorized representative for all grant related matters, and 2. The City will pay the local share of the project costs, should State and Federal. grants be offered and accepted and'a project constructed. Moved - Councillor David A. Morgan Seconded - Councillor Laura Fraser Vote - 5-0 in favor of the motion ADOPTED, this the 18th day of January, 1983 by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: Maynar L. Eder,. Mayor - ATTEST: Laurence E. W i"t ajcer City Administrator R-83-1.9 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 1983 STREET REHABILITATION PROGRAM XALLING FOR A HEARING ON THE FEASI- BILT_TY OF A PROJECT TO IMPROVE THE STREETS IN TABLYN PARK ADDITION, KENDRIDGE ADDITION, KENDRIDGE 2ND, ADDITION, BORDNER-GARNER FARMETTES, AND FRIEDRICH HEIGHTS ADDITION WHEREAS, the City Engineer has prepared a feasi-• bility study which has determined the need for a street rehabilitation program on these streets, WHEREAS,; the City Council did on December 13, 1982, by Resolution 82-64, order a feasibility study for the improvement project in Tablyn Park Addition, Kendridge Addition, Kendridge 2nd. Addition, Bordner -Garner Farmet_tes, and Friedrich heights Addition, WHEREAS, the City Council reviewed. the report of the City Engineer at the January 18, 1983,meeting and accepted that report, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that a public hearing be scheduled for February 23, 1.983, at 7:00 p.m., to consider the feasi- bility of the 1983 Street Rehabilitation Program. ADOPTED by the City Council of the City of Lake Elmo this the 18th. day of January, 1983. Maynar 1.. Ear, Mayor^ ATTEST: haurence E— W1�i'ttaker City Administrator CLAIMS TO BE APPROVED AT JANUARY 18, 1983 CITY COUNCIL MEETING 83379 David Eder - cleaning $ 17.59 83380 Vadnais Motors - repair of plow for skating rinks 20.14 83381 Aquazyme Midwest - satelites for Sunfish Park 54.00 83382 Metro Waste Control Commission - sewer service chg 67.25 83383 Commissioner of Revenue - sales tax, water dept 37.80 83384 First Nat'l Bk of St. Paul - Helmo street imp. int. pmt 1,225.00 83385 Junker Sanitation 42.00 83386 Ilene Johnson - minutes - 12/29 special meeting 62.65 83387 Mary Meyer - 1/11/83 newsletter 200.00 83388 Stillwater Book & Stationery 26.94 83389 Four Seasons Services 35.65 83390 League of MN Cities Insurance Trust - workers comp 6,215.00 83391 MN State Fire Chiefs' Assn - 1983 dues 40.00 83392 Brookman Motor Sales - fire dept truck repair 41.39 83393 Kunz Oil Co. - fire dept gas 143.54 83394 Lake Elmo Oil - fire dept gas $ 92.29 maintenance 1,820.82 1,913.11 83395 Dan Olinger Trucking - 3 hrs snowplowing on 12/28/82 195.00 83396 Moelter Construction - limestone 51.63 83397 City of North St. Paul - Animal vehicle 125.00 83398 Oakwood Animal Hospital - Dec. impounding 125.00 83399 Planning & Development Services -waste energy proposal 195.00 83400 Lawson, Raleigh & Marshall - General $ 574.60 Prosecutions 863.00 1,437.60 83401 Woolworth Research Associates - wastewater resource survey 250.00 83402 thru 83412 January 21, 1983 payroll 5,000.00 Total $ 17,521.29