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HomeMy WebLinkAbout06-07-83 CCM83759 83760 83761 83762 83763 83764 83765 83766 83767 83768 83769 83770 83771 83772 83773 83774 83775 83776 83777 83778 83779 83780 83781 83782 83783 83784 83785 83786 83787 83788 83789 83790 83791 83792 83793 83794 83795 83796 83797 83798 CLAIMS TO BE APPROVED AT JUNE 7, 1983 LAKE ELMO COUNCIL MEETING League of MN Cities - annual conference registration $ State Treasurer - Social Security Contribution State Bank of Lake Elmo - May Federal wh. Commissioner of Revenue - May State wh. Postmaster - postage meter Arlyn Christ - reimbursement for park playground(Tablyn) Laurence Whittaker - June expense $ 50.00 Expenses related to interviews 136.13 Cathy Miller - travel expense for interview Washington National Insurance Co. - hosp. Allied Group Insurance Trust Minn. Benefit Assn Lake Elmo Associates Ltd. - June rent Gary Swanson - Demontreville access - 5/21 & 5/22 Roy Childer - " Four Seasons Maynard Eder - reimbursement for annual AMM meeting Association of Metropolitan Municipalities - Dues Multi Print - copies of the Code I B M - typewriter repair Copy Duplicating Products - copy paper Contractors Market Center - pump ad Mary Meyer - 5/24/83 newsletter Lillie Suburban Newspapers Gerald Dahlberg - May animal control officer City of North St. Paul - animal vehicle Oakwood Animal Hospital - May impounding James McNamara - May mileage Minnesota Toro - Toro parts Gopher Sign - signs T.A. Schifsky - MC mix Moelter Construction - limestone Lake Elmo Repair - Toro repair T S B - Water Dept. utility billing Chicago & Northwestern Transp. Co. - Water utility permit Wallace & Tiernan - Water maintenance service Water Products Co. - Water Dept. supplies Washington County Parks Dept. - Grooming trails Northern States Power Northwestern Bell Lawson, Raleigh & Marshall 83799 Eckberg, 83800 TKDA - 83801 thru 83811 General Prosecutions Hutchinson re -zoning General Waste to Energy Plant Seal Coat Program Cottage Grove Ravine Water Tower Alarm Landfill Contamination M.S.A. Reid Park June loth payroll - (n Lammers - Hutchinson $ 553.10 651.00 3,601.11 414.64 17.68 258.73 206.33 159.05 130.30 7,0.68 293.58 0 overtime on May 27th payroll) 85.00 1,699.76 1,686.50 843.00 200.00 592.71 186.13 188.00 1,020.46 92.67 26.40 1,689.00 216.00 72.00 Z 14.30 15.00 927.00 537.46 76.00 395.00 120.00 200.00 87.37 298.00 125.00 215.00 228.96 58.13 121.85 44.00 59.48 50.43 87.50 125.00 474.00 29.93 269.88 1,067.35 293.17 4,805.21 760.00 1,550.99 51000.00 Total $ 26,633.64 LAKE ELMO CITY COUNCIL MEETING, JUNE 7, 1983 DRAFT FOR 6/21/83 Approval Mayor Eder called the meeting to order at 7:00 p.m. Councillors present: Dunn, Fraser, Morgan (7:30). Absent-Mazzara. Also present Administrator Whittaker. 1. AGENDA: Additions: 4. LICENSES: 3.2 Beer License L. E. Volunteer Fire Department Street Dance June 24. 13. ADMINISTRATOR'S REPORT: I. Petition for Study - Jane Rd. N. Improvement J. Attendance at Community Education Breakfast K. Pump Bids L. Bill Brass - Shoreland Permit Delete: D. Assistant Administrator Appointment - Covered June 4. M/S/P Fraser/Dunn to approve the agenda, as amended. Carried 3-0. 2. MINUTES: May 11, 1983 - VBWD Project M/S/P Fraser/Dunn to approve the May 11 minutes on the Valley Branch Project concerning the pumping of Lake Jane, as mailed. Carried 3-0. May 11, 1983 - Sealcoat Hearing - M/S/P Dunn/Fraser to approve the May 11 minutes on the Sealcoat Hearing, as mailed. Carried 3-0. May 17, 1983. - M/S/P Dunn/Fraser to approve the minutes of May 17, 1983, as mailed. Carried 3-0. 3. CLAIMS: Correction - 83776 - Multi Print - Code copies $720.72 M/S/P Dunn/Eder to approve Claims 83759 thru 83811, as corrected. Carried 3-0. 4. LICENSES: M/S/P Fraser/Dunn to approve the following licenses: Green Acres Rec Delkor Industries 2920 Talmage Ave. S. E. Minneapolis, Mn. 55414 - August 20, 1983-10 a.m.- 5p.m. Lake Elmo Jaycees 3.2 beer license Huff n Puff Days August 11-14 Lake Elmo Volunteer Fire Dept. 3.2 Beer License Street Dance - June 24, 1983 LAKE ELMO CITY COUNCIL MEETING, JUNE 7, 1983 -2- 5. BOND SALE FOR 1983-1984 SEALCOATING PROJECT: Linda Obidowski. of Juran and Moody explained the purchase as outlined on the breakdown sheet and summarized in the agreement contract. The First National Bank of St. Paul is the designated paying agent and the bonds will bear interest of 6.75% in 1984 and 7.00% in 1985. Ms. Obdiwski requested - the Mayor and Administrator to sign the contract proposal and adopt the resolution prepared by Briggs & Morgan approving the issuance and sale of the bonds. Mayor Eder declared that he is an officer of the First National Bank of St. Paul, paying agent, but is not a stockholder. M/S/P Fraser/Dunn to adopt R-B3-37 a Resolution approving the issuance and sale of $140,000 General Obligation Improvement Bonds of 1983 for 1983-1984 Sealcoat Project; and, authorizing the City Administrator and Mayor to sign all necessary documents related to the sale of said bonds. Carried 3-0. Morgan and Mazzara absent. Councillor Morgan arrived at 7:30 p.m. 6. BOARD OF REVIEW: C. Kendridge Addition - The Administrator referred the Council to the Assessor's list ofproposed market value decreases for homes within the landfill area. As this was just made available to the Council at the meeting, Fraser requested deferring discussion and action until the material can be reviewed. Comments: --Whittaker - explained the water system proposal outlined in his June 2 memo and the Assessor's position that he believes there is a 30o decrease in market value caused by the landfill contamination. --Morgan - believe the assessor and the people- have a valid position - key is to judge the impact of the contamination. --Fraser - dollars not picked up from this area will have to be made up by others in the City - imperative to find a just and equitable approach. MIS/ Fraser/Dunn to request an extension from the County for submitting Board of Review findings until after the June 14 Council meeting so that the Council can review the landfill area valuation question. Discussion - --Eder - need written comments or a meeting with the engineers working on the landfill problem. Carried 4-0. The Council requested that the finance office calculate the tax income decrease based on the assessor's proposed valuation. LAKE ELMO COUNCIL MEETING, JUNE 7, 1983 -3- 6. BOARD OF REVIEW CONTINUED: A. Leonard Lohmann-3610 Lake Elmo Avenue - --Fraser - reported on the conversation between Mr. Lohman, the assessor and Councillor Fraser. Since Mr. Lohman had not submitted an independent market evaluation, as recom- mended by the assessor, she did not feel the Council could take further action on his market value. The Council agreed. B. Len McGuire, Stillbay Company - Although the County reduced the property valuation $10,900, Mr. McGuire felt a futher reduction was in order based on income and expense figures he presented. He maintained that, based on the income figures, the building would not sell at the present market value. --Fraser - value of commercial property is not solely based on its income. Property value has been lowered - do not find the reasons or figures presented adequate reason to reduce the value further. --Eder - recommended that Mr. McGuire seek further adjustment with the County Board - Council concurs with the -Assessor's reduction and cannot further reduce the value. M/S/P Fraser/Morgan to accept the findings of the Board of Review as relates to Market Value for Neil Krueger, Len McGuire, Stillbay Co., Robert Eichen, and James Schaefer with the exception of the properties around the landfill area. Carried 4-0. 7. PUBLIC INQUIRIES: A. Dick Murray VBWD, Lake Jane Pumping - Mr. Murray reported that both the diesel and electric pump have been in operation to control the flooding on Lake Jane; but, because the maximum elevation, provided in their DNR permit, for City Park Pond has been reached (903) it has been necessary to cut back the diesel pump operation to every three days. By this action, they are unable to adequately control the flooding. VBWD requested that the Council approve raising the maximum: elevation to 908. Murray indicated that, presently, there is no up -stream storage capacity. --Eder - based on a legal question asked of the Mayor, that the pumping of Lake Jane into City Park Pond is contributing to the contamination problems from the landfill, Eder asked the Managers if the watershed would indemnify the City against such allegations should they occur. --Allen Dornfield, VBWD - would have to consult with the Districts legal counsel before answering. Have explored up -stream alternatives, but this alternative would give immediate results. --Morgan - familiar with the property and the pond. Recommended supporting the request. Additional damage to the park area, .under 5acre feet, would be insignificant over what has already happened. May be 1% additional tree kill - would not recommend removing dead trees as they are a good phenomenon in the park. LAKE ELMO COUNCIL MEETING, JUNE 7, 1983 -4- 7. PUBLIC INQUIRES: A. VBWD - Continued - MIS/ Morgan/Dunn to approve the request from VBWD to raise the maximum elevation of City Park Pond from 903 to 908. Discussion - --Eder explained how the 903 elevation was arrived at; and requested that the District ask their legal counsel about indemnifying the City concerning the legal question of the effect of pumping Lake Jane into City Park Pond. Motion carried 3-0-1. Fraser abstained. Mr. Murray indicated that the District will provide the City with a full report on the reaction of the pond during the pumping operation. 8. WYN JOHN - SHORELAND PERMIT & VARIANCE AT 8883 JANE RD. N.: Mr. John proposed an addition onto the rear of his home and replacement of his septic system. He required a variance from the structure setback from the NOHW. The Council reviewed the Engineer's letter of May 10, 1983, outlining the request and recommendations. Also, the DNR's letter of May 19, 1983, concurring with the Engineer's recommendations. M/S/P Morgan/Dunn to approve the Shoreland Permit and Variance for. Wyn John, based on the recommendations of the City Engineer, with the conditions set forth by the City Engineer. Carried 4-0. 9. STREET LIGHT PETITION - JAMLEY AVENUE: Jim Arend presented the Council with a petition from the residents on Jamley Avenue N. requesting that the City take over the maintenance costs for the street lights. The Council reviewed the current street light policy which requires lights to be.300 ft. apart. The lights on Jamley are approximately 155 feet and 275 feet apart. After Mr. Arends explained the reasons for the light locations and that there would be no advantage in locating them at 300 ft. intervals, the Council decided to make an exception and leave them as located. M/S/P Morgan/Fraser accepting the maintenace of the Jamley Avenue N. street lights and vary the 300' provision in the current City policy and accept the present light locations. Carried 4-0. 10. ARMSTRONG/DECOSTER DEED: The Council reviewed the Administrator's comments in his June 7 memo. M/S/P Morgan/Dunn authorizing the City Administrator to approve and stamp the deed for the Armstrong/Decoster deed clarifying i their boundary line in that part of the SW 1/4 of the SW 1/4 of Section 28, T29N, R21W (full written legal description provided on deed). Carried 4-0. LAKE ELMO COUNCIL MEETING, JUNE 7, 1983 -5- �`I AGENDA CHANGES: The Council agreed to alter the Agengd sequence and review the Brass Permit and the Jane Road Improvement Study Petition before the Council Reports. 13. ADMINISTRATOR'S REPORT: I. Petition for Improvement Study on Jane Road N. - The Council accepted a petition from residents along the unimproved portion of Jane Rd. N. requesting a study for determining a cost estimate for improving that portion of Jane Rd. N. The cost of the study was not to exceed $200 with the petitioners agreeing to split the $200 cost. Wicn John, resident and petitioner, submitted the peition and requested that the Council consider, should the improvement be ordered, assessing the benefitted property owners on a per lot basis rather than on front footage. The Council recommended that the petitioners submit their desired method of assessment in writing before the assessment hearing. M/S/P Eder/Fraser to accept the Cost Estimate Study petition for possible improvement to the unimproved portion of Jane Rd. N. and instruct the City Engineer to prepare a cost estimate study at a cost not to exceed $200. Carried 4-0. { L. William Brass - Shoreland Permit - Mr. Brass requires a Shoreland Permit to construct a garage within 1000' of Lake Jane. No variances are required and the property is north of Jane Rd. N. The City Engineer reviewed the _ request and found it to be acceptable and recommen e approval. M/S/P Morgan/Dunn to approve a Shoreland Permit for William Brass at 8930 Jane Rd. N. for construction of a garage at same. 11. COUNCIL REPORTS: A. Mayor Eder - 1. Oakdale Planning - Eder reported on his meeting with Leo Hudalla, Mayor of Oakdale, Carl Peterson and Administrator Whittaker discussing Oakdale's development and City plans for its property adjacent to Lake E1mo's border. Both Oakdale and Lake Elmo agreed to keep each other apprised of their goals and objectives and continue the joint meetings to work out future plans. 2_ Cottage Grove Ravine - Eder reported that the group had no objections to Lake Elmo's resolution or the City's policy to store all Lake Elmo water within the City. He reported on a proposed sub -watershed and what communities would be put together. No big water management plan is currently proposed. Basic agreement is to do only what is necessary to comply with the law. The next meeting is planned for June 23 and will include discussion on a Joint Powers Agreement. LAKE ELMO CITY COUNCIL MEETING, JUNE 7, 1983 -6- 11. COUNCIL REPORTS: B. Councillor Dunn - No report C. Councillor Fraser - 1. Advance Notices - Newsletter - Fraser urged Council members to submit material requiring special notice or emphasis to the Newsletter Editor well in advance of the desired publication date so that the public would have more advance notice on important issues. 2. AMM Dues and Delegate - Fraser stated her support of the AMM organization and briefly outlined some of the benefits provided. She urged continued membership. M/S/P Eder/Dunn to continue membership in the AMM and appoint Laura Fraser as0the 83-84delegate. Carried 4-0. D. Councillor Morgan - No report 13. ADMINISTRATOR'S REPORT: A. Audit Resolutions - Deferred until June 21 meeting. B. Huebener Park - Sale Request - The Council reviewed the letter from Mr. & Mrs. Mike Hall asking the City to sell Huebener Park, which is adjacent to their property. The Council indicated that they were not interested in selling the parcel as it may be needed for drainfield area as determined by the 201 Study. M/S/P Dunn/Fraser instructing the Administrator to write Mr. & Mrs. Hall and indicate that the City is not interested in selling Huebner Park. Carried 4-0. --Fraser - requested that the Building Inspector check this area as it appears it is presently being used as a dump site. C. Park Purchases — 1. Equipment Rental - M/S/P Morgan/Dunn authorizing $300 for rental of earth moving equipment to load the donated dirt for Demontreville Park. Carried 4-0. 2. Slide - M/S/P Morgan/Dunn to authorize $300 for the purchase of a used slide for Tablyn Park playground. Carried 4-0. E. Lake Jane Landfill Contamination - Public Information Meet Councillor Dunn and Mayor Eder will attend the June 16, meeting being held at 7:00 p.m. in the City Hall. The PCA, Hickock Engineering and the County will review the recent report on the landfill contamination. LAKE ELMO CITY COUNCIL MEETING, JUNE 7, 1983 -7- 13. ADMINISTRATOR'S REPORT: F. Nielsen Letter - Mr. Nielsen requested a Council response to his letter of March 3, 1983, relating to proposed development adjacent to the Oakdale Gun Club. Administrator Whittaker referred the Council to his June 7 memo which outlines the City Attorney's comments on Mr. Nielsen's recommendations. The Council agreed that this is something they cannot take action on. The Administrator will write Mr. Nielsen a letter of expla 1. on the memo comments. 12. NELSON/HAGEMAN REZONING: The Council received a request for reconsideration of the denial to rezone the Nelson/Hageman property,pending litigation; and requested a response. Mayor Eder informed Mr. Nelson, who was present at the meeting, that the Council discussed the issue with the City Attorney in executive session, but was not at liberty to publicly disclose the discussion because of the possibility of a law suit. He did note there had been no change of position by the Council; but the property owners did have the option to reapply. Mr. Nelson indicated that they wanted to appeal to the Council before taking the issue to court. 13. ADMINISTRATOR'S REPORT: G. Petition for Jamaca Ct. Street Project - The Council received a petition from over 3 0 of the resi eats on Jamaca Ct. requesting improvement of their street. The Council determined that even though this street was included in the sealcoat feasibility hearing that a new hearing on this particular project should be held. M/S/P Fraser/Dunn to accept the petition requesting the improvement of Jamaca. Ct. N. and adopting R-83-38, a Resolution ordering a Feasibility Hearing on the Jamaca Ct. Street Project. Carried 4-0. H. Signing in Demontreville Highlands - The Administrator referred the Council to his June 7 memo detailing the recommendation of the Maintenance Foreman for placement of signs along Highlands Trail N., Highlands Ct. N. and 59th St. N. Placement of the signs were noted on a City street map. The Administrator noted that all the petitioning residents were notified of the Agenda item and comments in the memo. No residents were present at the meeting. M/S/P Morgan/Fraser accepting the recommendation of the Maintenance Foreman for placement of traffic signs in Demontreville Highlands. Discussion - If the proposed placement of signs does not adequately solve the problems noted by the petitioners, the Council will reconsider alternate placement of the signs. Carried 4-0. LAKE ELMO COUNCIL MEETING,_JUNE 7, 1983 13. ADMINISTRATOR'S REPORT: { J. Community Education Breakfast North St'.Paul/Maplewood Dist. - As none of the Council members would be able to attend the June 14 breakfast meeting, Administrator Whittaker said he would attend. K. Pump Bids - The City received four bids for the pump. Whittaker recommended accepting the high bid from Schlomka Equipment for $3,562.50. M/S/P Eder/Dunn to accept the high bid for the Gorman -Rupp Pump from Schlomka Equipment for $3,562.50. Carried 3-0-1. Morgan abstained. L. Letter from Eldon Smith - Whittaker called Mr. Smith's letter to the Council's attention for thier information. ADJOURN: M/S/P Morgan/Fraser to adjourn at 9:30 p.m. Carried 4-0. RESOLUTIONS: 83-37 - 1983-84 Sealcoat Improvement Bond Sale 83-38 - Feasibility Study Hearing for Jamaca Ct. N. Improvement R-83-37 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING THE PETITION FOR IMPROVEMENT OF JAMACA COURT NORTH PURSUANT TO MINNESOTA STATUTES, CHAPTER 429, AND ORDERING A PUBLIC HEARING ON THE FEASIBILITY OF THE PROJECT. WIIEREAS, the owners of over thirty-five percent (35%) of the frontage on Jamaca Court North have petitioned for the improvement of said street as proposed in the Feasibility Report for 1983 Street Rehabilitation Program dated January 13, 1983; and, WHEREAS, the Engineer was.ordered to prepare a feasibility , study on said project by Resoluiton, 82•-64, adopted December 13, 1982; and, WHEREAS, the City Council accepted said feasibility study January 18, 1983 by Resolution 83-19; and, WHEREAS, the City Council is required to hold a public hearing when such a petition is found to be sufficient under Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Washington County', Minnesota; 1. THAT, the City Council hereby accepts the petition for improvements to Jamaca Court North pursuant to Minnesota Statutes, Chapter 429; and, 2. THAT, the City Council hereby orders a public hearing on the feasibility of said project on July 5, 1983, at 7:15 p.m. in the City IIal.l; and instructs the City Administrator to give notice of said hearing. ADOPTED this the 7th day of June, 1983, by the City Council, City of Lake Elmo, Washington County, Minnesota.. SIGNED:/ cPtit P Maynai Ed'or, Mayor ATTEST: =�r,� Laurence E.� Whlt a er City Administrator