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HomeMy WebLinkAbout07-19-83 CCMLAKE ELMO CITY COUNCIL MEETING JULY 19, 1983 Mayor Eder called the meeting to order at 7:03 p.m. in the City Hall. Councillors present: Dunn, Fraser and Mazzara. Morgan absent. Administrator Whittaker was also present. 1. AGENDA - M/S/P Fraser/Dunn to adopt the Agenda with the following amend- ments: Add item 9. G. public water supply at Fire Hall H. Annual Police Contract I. Isaacson fence and gate J. Speed zone on 42nd Street K. County response to City concerns on County Road 19 L. Personnel Committee recommendations on Senior Secretary and Secretary to Administrator positions. 2. MINUTES - M/S/P Dunn/Fraser to approve the V5183 City Council minutes with the following corrections: Page 1, item 3. "Fraser agreed since cities couldn't lobby independently and achieve similar imroact with such cost effectiveness." Page 3, item 9. " Dunn - am against public development projects.wepke ppe6ee4s; Relme eras @Rxi of such 3. CLAIMS - M/S/P Fraser/Mazzara to approve Claim Nos. 83906 through 83944 incluUTU a claim from Lake Elmo Repair for $122.33, which was not on the advance claim list. 4. LICENSES - M/S/P Dunn/Mazzara to approve a 3.2 beer license for a one day party to be held —at Green Acres for Realty World Upper Midwest Area Council on August 19, 1983. 5. COUNCIL REPORTS - Mayor Eder - will be receiving summary information on the 509 plan for Valley Branch Watershed District soon and will copy them to the Council. - Councillor Fraser - would like Surface Water Use regulations outlined in the City newsletter again. - Eder - residents in DeMontreville Highlands had praised the City efforts to control dogs in their area. Said they were effective. As the Council was ahead of schedule, they proceeded to discuss items under the Administrator's report, scheduled for later in the meeting. 9. A. METRO WATER QUALITY STUDY OF LAKE ELMO - Eder commented that the report indicate that no other bodies of water should be outletted to Lake Elmo; so, this did not bode well for proposals to outlet Lake Jane into Eagle Point Lake of Lake Elmo to relieve flooding. He also said that there is historical data, kept by the Valley Branch Watershed District, which the Metropolitan Council should use in determining the long term changes in water quality on Lake Elmo. Whittaker indicated that the report basically called for a permanent con- trol structure on Eagle Point Lake to prevent outflow to Lake Elmo. Water from Eagle Point was the principal source of nutrients that could degrade the water quality in Lake Elmo. Lake Elmo City Council Minutes, July 19, 1983 page 2 9. B. RAMSEY/WASHINGTON METRO WATERSHED VOLUNTEERS — Whittaker reported he ( had no volunteers for the Citizens Advisory Committee. Bob Dreher isn't interested. C. VALLEY BRANCH WATERSHED DISTRICT BOARD OF MANAGERS — Whittaker reported that only West Lakeland had considered a recommendation for a Manager to replace Al Horning. They had listed Gordon Moosbrugger and Dave Jones. The Council did not make a recommendation. D. KGAWITTER LEGAL BILL — Whittaker advised the Council that the City was unlikely to collect a fine or legal expenses if it continue to process the com— plaint against the Klawitters. The City Attorney had advised him that the court rarely imposes fines in Zoning violations and, since the violation had ceased, it is unlikely the court will grant legal expenses either. The Council instructed Whittaker to seek $100.00 from Klawitters to cover some of the expenses before dropping the complaint about the zoning violation. Both the City and Klawitter would avoid additional legal expenses this way. M/S/P Fraser/Mazzara to ask the Klawitters to pay $100.00 towards the legal expenses to avoid incurring further expenses for both parties. Vote 3-1 (Dunn voting Nay). E. CROCKER DAMAGES — Whittaker reported that the Crockers, in a letter to him dated July 16, had thanked the City for its concern over their garden. They did not ask for damages nor rule out the possibility should they have a bad harvest because of delays in the construction of Keats Avenue. F. WATERLINE EASEMENT, C&NW — M/S/P Fraser/Mazzara to authorize payment of $1,250 for a permanent License from the Chicago and Northwestern Transportation Company for the watermain crossing under their tracks at Lake Elmo Avenue, C&NW License No. 95896. ( (Recording Secretary arrived and completed minutes.) Respectfully submitted, p Laurence E. Whittaker City Administrator LAKE ELMO COUNCIL MEETING - 7/19/83 Page 4 Public comments: q Jim Weyer (Jane Road North) - Ponding on Holmberg's property overflows and I've seen it 6" below road level. (a) What is timetable for Isle Avenue going through? (Folz - 6 lots are yet to be sold in Springborn 2nd Addition so possibility of 1-3 years.) (b) Who would be assessed along Jane Road for blacktopping since owners want it the way it is and to maintain it themselves? (Eder - Council would decide how it's going to be assessed but no specific proposal right now. Example is Lake Jane Road was assessed 100% to adjoining property owners as it related to particular properties only; otherwise developer would pay 100%. (c) Not all drainage goes east, it also goes west onto my property and there are already erosion problems on my driveway; there are no provisions for ponding on subdivision. (Folz - drainage would go to the east if road is graded and ditched; could put ponding area on Colosimo property or use Springborn ponding areas to east; Jane Road could also be regraded or raised slightly. We'd have to re -analyze volume of water on today's standards, then do what is required. Developer would probably have to pay for it or benefitting property owners. First we have to decide what type roadways are to be used.) Letters from Alice Stolpe and Bill Stevenson were presented to Council. • Jim Weyer - have no objection to subdivide into 3 lots; my ojections are making Isle Avenue a through street; additional water runoff (into Lake Jane which already is a problem area and onto my property which already is eroding); and assessments for something people on road don't want and have objected to. • Jack Schneider - I object for the same reasons; size of ponding area is inadequate now and drainage will create a bigger burden. It will be more cost effective if we just maintain Jane Road North instead of backtopping it. • Tom Maistrovich - If road is blacktopped, it would benefit all property owners; fire and emergency vehicles cannot get in unless Colosimo or I plow it. • Grace Colosimo - anticipated people on Jane Road would not want road paved, and original request is to subdivide on unimproved road and then Planning Commission recommended paving it as public project. • Sue Weyer - When we originally received public hearing notice, it was for Grace to "subdivide on unimproved street" and we weren't aware anything else would be discussed; otherwise, I believe there would be a bigger turnout here. As indicated before, there were 6 against and 1 for blacktopping road. (Eder - Notices don't necessarily limit discussion of subject before Council. Hearing notices were sent that plat would be discussed at Planning Commission.) (Folz - Suggestion was by Planning Commission to pave roads so it was brought up tonight for discussion.) • Whittaker - feasibility hearing would have to be held for road portion. • Tom Skalbeck- What is official City position on maintenance service? (Eder - City doesn't provide service on streets which have not been accepted so not maintained.) What is Planning Commission's position on services being declined? (Whittaker - street should be improved so services will be provided.) • Tom Skal beak- mentioned that his child was having convulsions but emergency vehicle got stuck in snow; it doesn't seem fair we've been without services for 10 years but are paying high taxes. • Fraser - wouldn't be in favor of platting on unimproved street. • Eder - initial response was that we would accept unimproved street. • Dunn - it puzzles me why people would want to maintain their own street, create hazards of fire and emergency vehicles not getting through; but if that's what they want it doesn't bother me. Would like to see paved project but wouldn't support it if people don't want it. LAKE ELMO COUNCIL MEETING - 7/19/83 Page 3 6. REID PARK BIDS (LAWCON) IMPROVEMENTS - Larry Bohrer explained that 6 bids were received as noted in his memo to the City Council dated 7/14/83. As described in "tabulation of bids" chart, low bidder was Mogren Bros Landscaping (but which was higher than $30,000 estimate when LAWCON grant was submitted one year ago). The LAWCON grant received for the work is a maximum of $14,000.00.(4o%) Unit prices in contract can be varied so scope of work can be reduced to fit budget. Contractor items can't be mixed. If cuts were to be made, he suggested No. 15 (eroded channel which needs rip rap). Also, Items 13 and 14 could be reduced in scope. Some of the work could be done by City such as with flail mower for brushing, but very little fits into City's capabilities. No Park Commission members were present to present their views. s Whittaker - match for LAWCON funds will have to come from Park Reserve - will have to see how it affects 5-year CIP. • Bohrer - When I walked area of Reid Park, would suggest that trails are not in the best location; should have working session with Park Commission and Council and trails should be marked out, measured, and cost estimated (could be less than projected). i Fraser - can we include alternate bid and eliminate rip rap and trails? (Bohrer - application of ballfield 1 came after we received the grants. Mogren site grading is $8,375-not $83.75.Total includes grading, seeding and mulching but no backstop, limerock, etc.) (Whittaker - budget is for $2,500 aid bid is $9,900. It would cost a lot more to have someone come in later and have it graded.) • Eder - think we should do whole thing, might take shifting of priorities. M/S/P Fraser/Eder to accept Mogren Bros Landscaping for both the total base bid items and Alternate bids and that the Engineer lower the cost of the base bid in manner suggested (Items 13, 14 aid 15). (4 ayes) 7. PUBLIC HEARING, COLOSIMO - Mayor Eder called the hearing to order at 7:50 to discuss Grace Colosimo's request to plat on unimproved street, proposed Isle Avenue (preliminary plat - The Meadows). e Bruce Folz made the presentation for subdivision of 3 lots--1.5 acres with garage, 1.5 acres, and 2.06 with Colosimo homestead, totaling about 5.5 acres of land. Soils are ideal for building and drainfield sites. Isle Avenue is presently owned by Howard Springborn and 12-15' field road exists; he is willing to dedicate a road easement of 66, to the City. Folz pointed out Springborn Green Acres plat where Isle Avenue had been proposed as through street. Isle Avenue cost if blacktopped would be shared by benefitting property owners Grace Colosimo and Tony Maistrovich (property owner on west side). • Mazzara - there has been concern expressed about drainage if road is paved. (Bohrer - would run off on shoulder ditches and into Springborn ponding areas so there's no affect on drainage. One concern is that drainage standards have changed sinceFoxfire and Springborn Green Acres were platted. These 3 lots would have to conform to Watershed district requirements so some pond contribution will have to be made.) • Fraser - What did Planning Commission have to say about 22' paved or graveled road? ( Folz - no formal recommendation was made since it's Council decision.) (Whittaker - they recommended that it be paved, the 22' was not discussed.) e Eder - Springborn is willing to deed property? (-Folz - yes, wanted to get proper legal description and he will sign over deed, has already dedicated the street for public use. Same status as Krause's Lot 8). LAKE ELMO COUNCIL MEETING - 7/19/83 Page 5 • Eder - blacktopping streets are usually not favored by property owners because of assessments; however, it has been proven that paved roads increase property values and pride of ownership. City has made commitment to sealcoat paved streets every 6 years so you'll get that service if street is blacktopped. Would be in favor of calling hearing to have street blacktopped. M/S/P Fraser/Mazzara to deny Colosimo request for platting on unimproved street. (Carried 3-1; Dunn nay) amended M/S/P Eder/Fraser to adopt Resolution 83-4.9*S.ee attachedcorrection sheet. 8/2/83 TO HAVE FEASIBILITY STUDY DONE BY ENGINEER (COST PROJECTED AT AROUND $300.00) FOR AUGUST 2, 1983 CITY COUNCIL MEETING ON THE SUBJECT OF BRINGING JANE ROAD NORTH AND WEST JAMACA AVENUE UP TO CITY STANDARDS, AND TO HOLD A PUBLIC HEARING AUGUST 16, 1983 AT 7:15 p.m. TO DISCUSS"THE FERSIBILITY. (Carried 4-0) 8. ENGINEER'S REPORT A. Cost Estimate for Pebble Park LAWCON Application - Bohrer referred to Master Plan forbPeebble Park and to his "COST ESTIMATE" Commission No. 7113-83. Decision has toimade as to what Council wants included in LAWCON grant and scope of project (City matches 50%of LAWCON funding). Bohrer's comments on items listed: (A) Seal cracks and resurface courts. (B & C) Present low (slew) area between hockey rink and skating rink which would require fill; enough fill on site but requires 900 yards of excavation, establishing turf, etc. since rink is difficult to fill because of porous surface. Would recommend leaving slew ( between parking lot and tennis courts which is necessary for water runoff. (D) Hill is gravel stockpile without topsoil - needs leveling, topsoil and seeding. (E & F) Neither ballfield has 275' required for regulation slow -pitch field. South field could qualify for little league field; needs seeding, topsoil, ag lime, and backstop replaced. North field has no improvements so would cost $18,640 to complete. (G) 50-gallon per minute well is in -place and alternatives would be (1) water fountain at playground area which is more centrally located; (2) water fountain to service tennis courts and close to skating rinks for filling; and (3) between north and south ballfields so they can be watered. • Bohrer - first 6 improvements would total $40,130, plus water service alternative cost. • Whittaker - what would be point of constructing nonregulation size slow- pitch ballfield such as already exists in Lions Park? (Bohrer - Reid Park would have regulation size fields.) • Bohrer - ballfields can be better orientated; no problem with existing home on northwest corner. Ballplayers play with what is available. ® Fraser - we're talking about neighborhood use as compared to tournament use; do we need two ballfields to warrant this cost? • Whittaker - Landfill would be perfect place for regulation size ballfield with off-street parking., s Fraser - this should be referred to Park Commission. (Whittaker - application has to be in by August 5 and Park Commission has cancelled July 25 meeting.) M/S/P Mazzara/Fraser to defer Pebble Park Improvements item to Park Commission which will hold a special meeting for Council recommendation so that the City Council can make a decision at their August 2, 1983 meeting. (Carried 4-0) Correction to August 2, 1983 Minutes: TO READ: Page 5, Paragraph 3,*R-83-49, a study on a bring Jane up to City Resolution ordering a feasibility street improvement project to Road N., west of Jamaca Avenue, standards. Carried 4-0. A Feasibility Hearing, based on the study will be held August 16, 1983, at 7:30 p.m. LAKE ELMO COUNCIL MEETING - 7/19/83 9-10 to 9:10 p.m. - BREAK Page 6 B. Impact of Additional Flooding on City Park Pond - (REF: Larry Bohrer letter dated 7 19 83 to City Council regarding "Damage Estimate . . . Commission No. 7113-83.) Bohrer mentioned the damage of additional erosion at the forcemain outlet due to the higher diesel pumping rates, but more significant is the tree damage which estimate is based on (total of 539 trees at a cost of $100 a tree to remove). • Eder - on the other hand, trees such as red and white oak, birch and others could have some value if someone was willing to pay for their removal. (Bohrer they are hard to remove because of inaccessibility.) ® Dunn - I agree that with people wanting to burn wood, at least we could get them cut for nothing. (Bohrer - large amount of damaged trees can't be handled by a few individuals - should be done in winter.) • Bohrer - other alternatives can be reviewed, such as raising houses which might be more economical. When water recedes to 898, there will be 3 acres of shoreland that is devoid of trees. • Eder - Bohrer's report should be forwarded to the Watershed District since this is information they should be aware of. Also, this information will help us to make better decisions in the future. v Consensus of Councillors was to send report as Eder suggested. C. Assessment Alternatives for Jamaca Court - Jamaca Court (Friedrich Heights) section map was distributed. Street to be assessed on per lot basis, I with 2 corner lots on Jamaca and 1 corner lot on Jamaca Court. There is one ' duplex on property and one 2-story dd.ubl,( family residence. Regarding corner lots, Bohrer proposes second side to be assessed 50% or less. When Jamaca Avenue is improved, assessments will be fairly low (20%) and corner lots have some additional benefit because of availability of using both streets. ® Whittaker - there's 66' frontage strip that provides access to much larger parcel going out to Highway 5 to consider. (Bohrer - to be assessed as 1 lot since it could be subdivided.) • Bohrer - regarding corner lots, a lot of cities assess short side as 100% benefitting and other side between 20-50%. o Dunn - other people also benefit from and use intersections; people who come off Jamaca only use one street - could assess where driveway comes out. o Eder - think we should set policy for corner lot assessments, such as where driveways come out, minor or major uses, etc. s Bohrer - can't help what happened in past but future platting can benefit from this experience. • Bohrer - Will bring plan and specifications to next meeting for approval and authorization to submit bids. D. John Banks, Shoreland Permit - Property is within 1,000 feet of Lake Olson, but slopes into Deer Pond and not Lake Olson so better fits under the Wetlands ordinance. Mr. Banks proposes to construct an addition to his home which includes a basement and upper level with one bedroom. Basement is 3' above seasonal high water mark and addition meets side yard setback so no variance is required. Therefore, approval is recommended for a Wetland Permit. M/S/P Dunn/Fraser that a Wetland Permit be granted to Mr. and Mrs. John Banks for 4404 Jackpine Trail, Lot 15, Oace Acres, 3rd Addition. (Carried 4-0) LAKE ELMO COUNCIL MEETING - 7/19/83 9. Admin. report, Cont'd... Page 7 G. Water Provision for Landfill People - Whittaker said a 15-foot pipes would be needed to put outside faucet on Fire Hall. • Fraser - would like to hear more specific needs for this. ® Kuettner - I haven't heard any calls yet, but it would be up to Fire Depart- ment to get water to these people which is outside our responsibility. I asked about water fountain at park so that Fire Department would not have to get involved in this. There has to be a better alternative. • Whittaker - if there's no big concern for this, we won't do anything. H. Police Contract with Washington County - Whittaker said this was within budget. For 1983, amount is 65,57 ((8.9% increase over last year). Since paid on quarterly basis, 1982 balance is still due of $1,328, bringing total to $70,844. M/S/P Mazzara/Dunn to authorize City Administrator to renew police contract with Washington County at 1983 amount of$70,844 to be paid in three quarterly payments. (Carried 4-0) I. Isaacson Fence, Gate and Boat Launch - Whittaker had notified Mr. Isaacson by letter that his fence was on City property and would have to be moved to his property. Whittaker received a letter from Isaacson's attorney threatening problems with Hill Trail Road if this issue were pursued. * Kuettner - if fence were moved, it could be used as access to DeMontreville so would be better to leave as is. • Whittaker - don't think it's worth fighting over, but letter should be sent to clear file stating that fence can be left there but that City reserves right to remove fence in future if necessary. J. Speed Zone - Authorization from MnDOT has been received for 30 m.p.h. speed zone of 42nd Street from Lake Jane Trail to Jamaca Avenue. Letter is forthcoming and then signs can be posted. K. County Road 19B, I-94 to Cty Road 70 - Whittaker received Mr. Charles Swanson's reply (letter dated 7 13 83) to the letter he sent 7/7/83. It is noted that the three items outlined in Mr. Whittaker's letter were met with approval, except that Item 2 regarding fencing the bike trail be "left in abeyance" until any problems develop. Mr. Whittaker will clarify the gravel pit In this regard to Mr. Swanson. L. Hiring/Job Descriptions, Two Positions - Job descriptions have been revised for the Deputy Clerk and Administrator's Secretary positions and Whittaker asked that the two positions be advertised. M/S/P Fraser/Mazzara to authorize the City Administrator to advertise for the Senior Secretary/Deputy Clerk and Secretary to the City Administrator positions. (Carried 4-0) The meeting was adjourned at 10:00 p.m. Submitted by: Larry Whittaker, and Ilene Johnson -Acting Secretary RESOLUTION 83-49 *Sax:e Read Ne�l� rrnA-,naea Aveatae Read T p:a•��nt *amended 8/2�83 Feasibility Study Order for Jane Road N. Improvement Project. CLAIMS TO BE APPROVED AT JULY 19, 1983 LAKE ELMO COUNCIL MEETING 8390.6 State Treasurer - 2nd Quarter State Surcharge $ 799.83 83907 Ind. School Dist. #k 834, school rental for 8/8/83 32.12 83908 Washington County Treasurer - Landfill Payment 7,500.00 83909 Poucher Printing - $140,000 G.O. Bond Issue 376.2C 83910 Briggs & Morgan - $140,000 G.O. Bond Issue 850.00 83911 Chapin Publishing Co. - $140,000 G.O. Bond Issue 124.8C 83912 Lillie Suburban Newspapers - legal publications 104.55 83913 Mary Meyer - 7/12/83 newsletter 200.00 83914 Stillwater Book 180.31 83915 City of North St. Paul - Animal Control vehicle 125.00 83916 Junker Sanitation 42.00 83917 Ilene Johnson - 6/27/83 Planning Commission minutes $ 78.65 7/5/83 Council Meeting minutes 152.00 7/12/83 Planning Commission Minutes 66.65 297.3C 83918 Croixside Press - Building Permits printing 89.63 83919 First National Bk of St. Paul - Helmo Bond pmt 21,225.00 83920 Washington Cty. Sheriff's Department - 1st, 2nd, & 3rd Quarters police contract for 1983 53,465.00 83921 Metro Waste Control Commission - sewer service chg. 67.25 83922 Road Rescue, Inc. - Fire Dept. EMS supplies 184.27 83923 Club Scuba Inc. - Fire Dept. misc. service 204.00 83924 Kunz Oil Co. - Fire Dept. 73.50 83925 North Star International - fire dapt. truck repair 41.00 83926 Lake Elmo Oil - Fire Dept. $ 39.55 Maint. Dept. 40.54 80.09 83927 G. A. Meyer Mercantile - Fire Dept. $ 43.63 Maint. Dept. 117.09 160.72 83928 Jim Hatch Sales Co. - Grader parts 91.17 83929 T. A. Schifsky & Sons - MC mix 87.78 83930 Leef Bros, Inc. - rags maint dept. 9.90 83931 Bryan Rock Products, Inc.- maint dept.- rip rap 73.51 83932 L - Z Co., Inc. - Strobe light & mirror for new truck 122.50 83933 thru 83943 July 22, 1983 payroll - no overtime on 7/8/payroll 5,000.00 .$ 91,.607A3 R-83-•49 RESOLUTION CITY OF' LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING A FEASIBILITY STUDY AND REPORT REGARDING IMPROVEMENTS TO JANE ROAD NORTH. WHEREAS, it. is proposed to improve Jane Road North from Jamaca Avenue North to the west end of Jane Road North and to assess the benefited property for all or a portion of the costs of the improvement pursuant to Minnesota Statutes Chapter 429, NOW, THEREFORE, BE IT RESOLVED, by the City Council. of the City of Lake Elmo, as follows: 1. That the proposed improvement, referred to as Improvements to Jane Road North, is hereby referred to Toltz, King, Duvall, Anderson and Associates, Inc., the City Engineers, for study, and that they are instructed to report to the Council by advising the Council in a preliminary way as to whether the proposed improvement is feasible and whether it should best be made as proposed or in connection with some other improvement and the es i:mated cost of the improvement is recommended. Adopted by the City Council of the City of Lake Elmo this 19th day of July, 1983. Maynard Eder, Mayor. ATTEST: Patrick Kla.res, City Administrator