HomeMy WebLinkAbout09-20-83 CCMLAKE ELMO CITY COUNCIL MEETING
SEPTEMBER 20, 1983
Mayor Eder called the meeting to order at 7:03 p.m. in the City
Hall.
COUNCILLORS PRESENT: Dunn, Fraser, Mazzara and Morgan. Also
City Administrator Klaers and Consultant Whittaker.
1. AGENDA - M/S/P Dunn/Fraser to adopt the agenda as
amended: 4-A. Parks Commission, Lake Jane Pumping in Sunfish Park
7-A. HELP Commentary, Dennis Geiger
9.G. Hammes Problems
(Carried 5-0)
2. MINUTES
A. M S/P Morgan/Mazzara to approve the 9/ 6/83 City
Council minutes as amended: Page 4, 1st Para., "Fraser - would
makes sense to get with it according to Agenda Memo." (delete
rest of sentence.) Page 6, 1st Bohrer comment, last sentence,
"There may be . . . to elevation 928 Page 7, 2nd to
last Para., "Consensus of Councillors was that this would not be
acceptable." (Carried 5-0)
B. M/S/P Mazzara/Dunn to approve the 9/13/83 City Council
minutes as amended: Page 3, 2nd Para., "M/S Fraser/Mazzara to
the pay ranges . in the pay plan." (delete rest of
sentence.) (Carried 5-0)
3. CLAIMS - M/S/P Dunn/Morgan to approve Claim Nos. 84110
thru 84147. (Carried 5-0)
4. LICENSE - M/S/P Morgan/Mazzara to approve a 3.2 beer
license for the Red Maple Sportsmen Club private party to be held
10/24/83 from 5:00 p.m. to 11:30 p.m. at the Green Acres
Recreation Center. (Carried 5-0)
4-A. PARKS COMMISSION, Lake Jane- Klaers reported on motion made
at 9/19 83 Parks meeting whereby they recommended that pumping
from the lake be ceased from mid -November to mid -March, in
accordance with previous policy, due to the creation of unstable
and thin ice for skiers on the lake and in Sunfish Park.
e Morgan - don't believe we have to take any action since this is
stated in permit.
a Allen Dornfeld, VBWD - would like to stay within those
guidelines and not pump in the winter months.
Klaers will check permit to see if this is stated therein.
5. PUBLIC HEARINGS
A. Revenue Sharing - Pursuant to published legal notice,
the hearing was opened by Mayor Eder at 7:15 p.m. to discuss uses
the Council recommended for funds Lake Elmo receives from Federal
Revenue Sharing. Due to there being no one present to comment,
the hearing was closed at 7:16 p.m.
LAKE ELMO COUNCIL MINUTES - 9/20/83 Page 2
B. VBWD Request, Olson Lake Outlet - Pursuant to published
notice in the City and Tri-Lakes newsletters, an informational
hearing was opened at 7:30 p.m. to discuss VBWD's request to put
hole in weir which, by means of a valve, would enable Lakes Olson
and DeMontreville to be lowered to elevation 928.0. Allen
Dornfeld of VBWD was present to answer any questions.
(REF: Petition from Deer Pond Residents dated 6/27/79, a.
certified letter from Jim Weyer, President, Lake Jane Association
dated 9/ 19/83,and letter dated 9/15/83 from Viola and Harvey Brown.
• Fraser - Regarding Deer Pond residents' letter, is information
accurately conveyed? (Eder - water runs out of weir to Deer Pond
and then from a pipe to subsequent little ponding areas. I find
it hard to understand the damage they're referring to, because if
water comes in it has to go out at about the same rate; and with
this proposal the capability is there to go out at a steadier
rate.)
e Morgan - that could be easily handled, if permitted, by stating
that the water going into Deer Pond would have to be equal to the
water flowing out and VBWD would have to agree to that.
® Allen Dornfeld - should be less of a problem because flow will
be controlled.
® Eder - some people are concerned with pursuit of a temporary
solution and not pushing forward to a more permanent solution.
® Jim Weyer, 8991 Jane Road No. - Regarding 9/19/83 letter, want
to stress the importance of not taking any additional water from
{ Tri-Lakes but proposal would allow removal at a much slower rate
and minimize need for large diesel pump in spring. Deer Pond
letter surprised me since it doesn't fully realize what proposal
is. Also want to stress we've been working closely with Oakdale
and North St. Paul agencies and this is short-term measure to
prevent disaster in spring. We strongly urge the City Council
approve this proposal so that work can be completed this fall.
® Allen Dornfeld - explained proposal and process on chalkboard.
Stated that not more water would be moved but would be moved over
longer period of time and at less cost since electric pump can be
operated at $600/month whereas diesel pump cost about $91000/mo.
• William Stevenson, 8895 Jane Road North - I've studied VBWD's
recommendations and attended many meetings and think this is a
reasonable solution and a step forward; would back it up 100%.
0 Charles Taylor, 4677 Birchbark - would like to reinforce the
necessity of avoiding diesel pump since water levels, when the
electric pump is running, on City Park pond never get to 900.0.
With added diesel, we saw City pond go to 910.0. Feel it's
necessary to minimize damage on City Park pond, minimize the
potential danger on Sunfish, and avoid the added cost. Also, it
appears that the thrust for this program is not to control the
water levels on Olson and DeMontreville during the summer months
but only during October, November, March and April.
• Don Marty, representing Town of West Lakeland - Read letter
from West Lakeland TWP, John McPherson, Chairman of Town Board
dated 9/20/83 to VBWD stating that they "would like to go on
record that no additional water be allowed downstream into our
township until something is done to help solve our problem
first."
LAKE ELMO COUNCIL MINUTES - 9/20/83 Page 3
• Ken Sovereign, Olson Lake Trail North - Oppose proposal only
because it's short-term solution and concur with West Lakeland
that there's no use in changing water levels on any lakes until
the problem is solved. We're being assessed for diesel pump
which will probably run all next year and putting money down the
drain. People on Olson Lake would be happy to get water out of
Lakeland and Lake Jane, but shouldn't be inconvenienced further
with short-term solution. Further, it can't be administered.
Now we're going to move water levels up and down at discretion of
VBWD which has been irresponsible for. 15 years to solve problem.
Pumping has not worked out, now there's more experimentation at
our expense. Why not lower the culvert in Long Lake, lower the
drain in North St. Paul; the Watershed District has the .legal
authority to do this.
♦ Allen Dornfeld - 800 acre-feet of water has been pumped this
year with 2 pumps; we're not pumping additional water but pumping
water which comes over weir. Regarding cost of outlet, we
estimate it to be $2,000 to be financed by administrative fund
and not by any assessments, etc. Also, we have no authority to
rule over large projects unless it's funded 50% by grants or
state/federal aid.
o Eder - was it attempted at one time to do this by siphoning?
(Dornfeld - tried, but didn't work.)
• Morgan - What are present levels of lakes? (Dornfeld - 9/l/83
report shows Lake Olson 929.48, Lake Jane 922.48, City Park Pond
905.6.) (Resident - Park pond is now 904.0 and Jane is 922.2.)
s Dornfeld - hole in weir is 2' below elevation; 929.5 is
approximate elevation of overflow.
Council comments:
® Eder - if we do give permission, a time limit should be put on
project thru 1984 so it'll be evaluated to make sure something is
happening on long-term solution.
r Morgan - when was pump turned off and what was Park pond
elevation? (Dornfeld - 8/18; Park Pond was at elevation 910.2)
e Eder - only about half of storage will come out and some will
be gained in spring; may not fluctuate, especially with time
limit, to degree people on Olsen and DeMontreville are concerned
with.
• Resident - key factor in making this work is permit from DNR to
pump before the weir overflows; how's that progressing?
(Dornfeld - they have not issued one yet and have asked for
information; should be forthcoming soon.)
♦ Ken Sovereign - fluctuation is a tremendous inconvenience and
we're going to oppose it at DNR level, too. There's no reason
why accepted level should be changed until there's a long-term
program. VBWD has authority to pump Lake Jane to 921 and why
don't they do that, leave it there until it comes up again to
where they can pump. There's no reason why people on Lake Olson
should take that kind of fluctuation when they've already taken
3' from original culvert level. People downstream are going to
get water someday anyway, so let's get with doing something
permanently.
LAKE ELMO COUNCIL MINUTES - 9/20/83 Page 4
• Larry Bohrer, City Engineer - VBWD has put together an
operating plan as to when the gate is open and shut.
• Morgan - when will pumps be turned off? (Dornfeld - when Lake
Jane is at 921.0, can pump to 922.)
• Eder - If this is allowed, shouldn't be termed as on -going; I
do think they're going to pump it next year irregardless and if
it stays within a foot it may happen in a normal year from
evaporation that you're probably not going to get this year, so I
see it probably only going down to a foot and a couple inches
from evaporation/percolation. I see it as only being allowed for
the period through the pumping season 1984 to make sure we've
moved ahead on a long-term solution. Now we see more Oakdale,
North St. Paul, and Tri-Lakes people interested in the long-term.
M/S/P Eder/Morgan that VBWD's proposal be approved through the
1984 pumping season whereupon project will be discussed to make
sure that long-term solution is being worked on, and that
elevation of Lake Jane not be allowed to rise. (Carried 5-0)
• Eraser - I don't see justification in not doing it because its
short-term so therefore support it. Believe West Lakeland letter
has misunderstanding since it's a matter of the same water but
with a different, in fact better, timing.
• Morgan - there's been a tremendous amount (3,000 acre-feet) of
water percolated into that 10-acre pond so solution isn't as
shortsighted as many people think. If you had a lot of those
operating in the Watershed District with each one percolating
away that kind of acreage, you can almost resolve your problem.
The informational hearing ended at 8:09 p.m.
6. WASTE ENERGY PLANT PRESENTATION - Doug Wood, Project
Manager, Ramsey Washington County Waste -to -Energy Project, was
present to give Council progress report:
Request for Qualifications for the project will be issued the 2nd
or 3rd week of October. Document will go to companies which
have capability of designing, constructing, operating and owning
such a facility and will have to meet certain technical and
financial qualifications. Project Board also authorized land
appraisals to be conducted in site area (6 parcels) and
discussions will commence at later date regarding acquisition of
all or part of their properties. We've also been meeting with
other City Councils interested in this project and governmental
groups. The draft Environmental Impact Statement (EIS) should be
completed around the end of this month. As required by law, they
will prepare a public notice on this which will be sent out to
all communities prior to any action by Met Council as to EIS's
adequacy. We're working on legislative details; a financing
group has been selected, a slide presentation is being prepared
to take to communities, soil borings will be conducted on site
within next 30 days; and all information will be available to
communities and property owners.
LAKE ELMO COUNCIL MINUTES - 9/20/83 Page 5
Other events that may ,slow down project are, for example, the
Metro Waste Control Commission has stated they would like to
build facility at their plant, however they have not conducted
feasibility research. Also, NSP said they would be interested in
accepting fuel at Red Wing plant. Lake Elmo is also looking at
other planning activities for site area, and by end of year this
should be brought to Project Board for consideration.
® Eder - What has transpired with amount of steam 3-M is going tc
buy and why wasn't this revealed to public earlier? (Wood - It
was revealed; but "take or pay" contract was misunderstood, i.e.,
that amount they are required to take and if they don't take it
they are required to pay anyway. They want to minimize their
risk and put at level they know they'll buy every year (even
though they'll probably purchase above that level.)
• Eder - Why did they then think about producing electricity?
(Wood - they'll be using maximum energy during wintertime;
flunctuations will occur in summertime, and if they generate
electricity they could take all the steam that's available.)
a Dunn - To what extent is NSP involved in this project? (Wood -
NSP is not eager to lose 3-M as a natural gas market, and they're
possibly looking at alternatives to this project that will not
affect them. We've had meetings with them, but on electrical end
it's not economically sound for us to participate with them. NSP
could be involved later on with some aspect of the steam line or
facility line construction.)
p Dunn - I was referring to the engineering of waste -to -energy
plants which NSP has been involved in and their comment that they
would get involved in government projects to extent of good -
neighbor policy, public relations, etc. Have you checked with
NSP to see what they've done so that you're not reinventing
something?
® Eder - Is there any way you could give us a one -page memo
regarding the research that Hennepin County went into regarding
producing electricity which was economically not feasible? (Wood
- There's a federal law requiring utilities to purchase
regenerated electricity if available, but NSP makes electricity
at 3.5 cents/kilowatt hour and we can't make it for that. Our
goal is to dispose of garbage in a better way than we have in the
past; and to offset any related costs, we try to sell energy
which in this case is steam. If electricity is generated, it
would be generated at 3-M and not at our plant.)
• Morgan - Being on Metro Council Advisory Board, in some
instances people are concerned they aren't going to get enough
garbage since it's so competitive. (Wood - financial community
wouldn't let us build two $45 million facilities and compete for
waste.)
a Doug Wood - Our primary goal is to make sure solid waste
doesn't go to landfills anymore. Schedule says we'll make
decision in 1984.
LAKE ELMO COUNCIL MINUTES - 9/20/83
7. ENGINEER'S REPORT, Larry Bohrer
Page 6
A. Accept Work and Authorize Final Payment for:
(i) Keats Avenue Improvement - (REF: TKDA letter dated
9/15/83 regarding this subject, Commission No. 7652.) Letter
states work was completed; TKDA and District State Aid engineers
have made final inspection; and final change order and payment
have been concluded (final contract amount is about $3,500 under
original contract amount and there's additional $800 damage since
contractor did not complete the job on time).
• Eder - Larry (Bohrer) and I discussed this at great length, and
I would like a letter sent to the contractor saying that while
the work meets the terms of the contract in a technical sense, it
really is a poor quality job and we're quite disappointed.
M/S/P Morgan/Mazzara to approve Change Order No. 2, accept the
work, and authorize final payment to Husting and Engstrom for the
Keats Avenue Improvement in the amount of $53,225.09. (Carried
5-0)
(ii) Watertower Work by Allied - (REF: TKDA letter
dated 9/15/83 regarding "Final Payment Water Tank Painting . . .
Commission No. 7824.) Job is completed, final inspection report
received from Twin City Testing, and specifications have been
met. We recommend that this job be accepted by City and final
payment be made. This contractor also had liquidated damages of
$32,000 since work was not completed on time (64 days); but you
have to look at actual damages suffered by the City due to the
contractor's delay and there appears to be none except for some
extra engineering time (8 hours at $300).
• Eder - I agree that time period in July and August was probably
beneficial in the long run.
M/S/P Dunn/Morgan to assess Allied Painting & Renovating, Inc.
$300.00 as liquidated damages for additional cost incurred by the
City attributed to the delay and to authorize final payment in
the amount of $4,207.00. (Carried 8-0)
B. DNR Access on Lake DeMontreville - DNR has submitted
final plans for boat launch and parking area which basically
shows parking spaces as City requested and provides median as
requested, plus landscaping plan. A public informational meeting
was held, attended by Larry Whittaker; three property owners
showed up and there weren't any objections. The County Highway
Department has yet to comment on couple of concerns I had
regarding (a) ditch along DeMontreville Trail for drainage and
(b) elimination of plantings on median to provide adequate sight -
distance.
M/S/P Morgan/Mazzara to accept DNR Access Plan as presented by
City Engineer. (Carried 5-0)
• Whittaker - they have received two bids; should be under
construction this fall with plantings in by next spring.
LAKE ELMO COUNCIL MINUTES - 9/20/83 Page 7
C. Shoreland Permit, Ken Kedrowski, 8162 Hidden Bay Trail -
(REF: TKDA letter dated 9/15/83 regarding this permit,
Commission No. 7113-83 and Memo dated 9/15/83 from Jim McNamara,
Building Official.) Mr. Kedrowski is proposing to build a 15' x
16' three -season porch onto existing home which is adjacent to
Lake Olson so a shoreland permit is required. In reality, two
variances are being requested: (a) waiver of the requirement to
submit a site plan showing 1' contours and (b) lot size.
M/S/P Morgan/Mazzara to approve the Shoreland Permit and two variances
for Ken Kedrowski, as presented by the City Engineer.
(Carried 5-0)
D. Sewer Grant - (REF: TKDA letter dated 9/16/83 regarding
"Step 2+3 Ass—istance Agreement, EPS Form 5700-20A, TKDA
Commission No. 7553" and E.P.A. letter dated 9/12/83 regarding
"Treatment Works Grant Step 2+3, C271411-02.") - The dollar
amount corresponds with those used in the grant application. In
the project schedule, receipt of grant will be September 20 in
lieu of May 3, 1983, which pushes back design and construct
package so that project may be completed as late as 1985 if we
follow normal procedures - may try "force account" type work.
(Total approved assistance amount - $457,385.)
M/S/P Fraser/Morgan to accept
agreement with revised schedule
(Carried 5-0)
BREAK: 8:45 to 9:00 p.m.
grant offer and to execute
as recommended by City Engineer.
7-A. "HELP" PRESENTATION, Dennis Geiger - Mr. Geiger,
representing Homeowners for Eliminating Landfill Pollution
(HELP), was present to discuss organization.
(a) Who We Are - Had first meeting June 20 (14 families)
to identify effect water contamination was having on our area and
to see method of promoting communications between residents and
governmental agencies involved. At next meeting, we instructed
attorney to incorporate us as nonprofit organization and elected
officers, etc. We now meet first Monday of every month at 7:00
p.m. at Christ Lutheran Church.
(b) What Is Our Problem - Obvious problem is current and
potential health hazards since 2 private wells have contaminants
exceeding criteria for human consumption and a number of wells
show traces. Many of wells in 35 most affected homes southwest
of the landfill have not even been tested, and we feel testing
and monitoring program has been inadequate. Also, property is
unsaleable and property cannot be refinanced; worsening situation
and bad publicity makes this financing problem impossible, and
there are 100 more homes in the area that could potentially be
affected.
(c) What We Intend To do - We have arrived at three -step
process to obtain safe water and restore property values:
(i) We'll encourage and cooperate with all levels of government
to effect a solution. We had an informal meeting with
LAKE ELMO COUNCIL MINUTES - 9/20/83 Page 8
Congressman Sikorski�who was apprised of current situation, have
met with Washington County Commissioners 8/2/83 and presented
them with petition signed by 109 residents requesting that we be
provided safe public water that would be financed with general County
tax funds. Several members attended the Joint Oakdale/Lake Elmo
Planning Commission meeting to make known our organization's
approval of being part of an Oakdale City water system. We feel
all levels of government have been responsive to our situation,
however maybe not as quickly as we'd like. (ii) We understand
Ramsey County has established a $1 million fund to clean up the
situation and that Washington County is establishing a fund of
$500 thousand. We want to let you know that we favor public
water supplied by an Oakdale well and are asking for your support
and cooperation in this by encouraging County to work in this
direction. (iii) If all fails, we will seek more media
attention and have also held discussions with a legal firm, an
independent real estate appraiser, and a geologist.
• Morgan - What type encouragement have you received from County
at this point? (Geiger - It's been strictly verbal but we are
getting positive feeling that Board is willing to provide us with
safe water.) County was here at last meeting describing experi-
mental program to purge the groundwater by pumping back away from
area; what do you think of that approach? (We're not against it
but feel we have a much more immediate need.)
e Eder - Are many taking availability of water up here? (Geiger
- at last meeting we were given 25 keys, 20 of which have been
issued.)
® Morgan - Do you have something specific for Council to do?
(Geiger - yes, we'd like encouragement to County for public water
supply.) I happen to believe that is only solution, too.
• Eder - At joint meeting, one suggestion made to Planning
Commissioners who live in northern part of community was to ask
their neighbors and friends about expanding the water supply.
Then City would have to decide if it would be provided by Lake
Elmo or Oakdale, how is it going to be paid for, etc. Perhaps a
more formal survey should be made of residents to see if area
should be expanded or limited so that engineer can research
issue. Action would be taken when Planning Commission has
information or makes recommendation.
• Geiger - Petition with 109 names on it might be helpful for
some type of survey. County has stated they will fund project
and have filed suit against 5 or 6 companies.
o Morgan - wish City could more expeditiously find a way to get
water supply into that area which I think is only solution.
® Larry Bohrer - Somebody said that to build free-standing public
water supply in Lake Elmo would cost $1 million and if obtained
from Oakdale it would cost $750,000. Do not know where figures
come from, but water coming from Oakdale is not close. (Geiger -
Oakdale is willing to drill well immediately if someone is
willing to pay interest on their money. Believe $1 million came
from public hearing at school in June.)
a Eder - Oakdale has to have property owners saying they want to
have water, too, in order to make this happen; so there's no
simple answer.
LAKE ELMO COUNCIL MINUTES - 9/20/83 Page 9
• Fraser - From practical standpoint, Councillors are eager to
resolve problem; if Administrator can work with this group and
others and information is brought to us, we can take some action.
e Morgan - Believe that's good suggestion, to separate fact from
fiction so we have something before us.
® Eder - Directed those present to contact City Administrator
with any additional information/comments and suggested that Klaers
follow-up with Bob Lockyear preceding every Council meeting.
8. COUNCIL REPORTS - M/S/P Dunn/Morgan to accept Dave Morgan's
resignation as City representative (alternate) for Valley Branch
509 Watershed Committee and that his replacement would be Tom
Armstrong as recommended. (Carried 5-0)
o Mr. Jim Weyer extended his help on the 509 Committee and said
he would be happy to serve as an alternate if such an opening is
available.
M/S Morgan/Eder that Jim Weyer serve on the Valley Branch
Advisory Committee and as an alternate or whatever is open on the
509 Committee.
e Fraser - Motion is vague; it would make more sense to have City
Administrator check on what positions are available for Jim
Weyer's participation.
® Morgan withdrew motion; Eder withdrew second.
• Eder - City Administrator is to check to see what opening is
available on Valley Branch Advisory Committee and/or 509
Committee so proper recommendation can be made at next meeting
regarding Jim Weyer's participation.
9. ADMINISTRATOR'S REPORT
A. Hunting in Section 24, Sign Recommendation - Klaers
said County Highway Department said sign would affect such a
small percentage of people traveling down the road that it would
be a distraction instead of an asset.
• Fraser - I follow rationale of Administrator's report and see
where it would be just as well not to take any action at present.
9 Morgan - Think signs City has are worthless and should do what
we discussed at last meeting and use statement in ordinance "no
hunting without written permission" since a much stronger impact.
O Fraser - I agree with that, but is there some reason that isn't
feasible? (Klaers - there's a time delay of at least a month to
obtain those signs since it would be a special printing.)
e Dunn - maybe we should go a season and see how it goes because
we're talking $200 for signs. (Morgan - $35/each for signs.)
• Morgan - certainly entrance to Eden Park would be appropriate
place to put one sign (on Legion Avenue) and perhaps another one
on cul-de-sac entrance off Manning Avenue.
9 Fraser - would we want to think of some temporary wooden signs
in those key spots that we could get sooner, such as from a sign
painter and they could be taken down after the season.
9 Whittaker - it might be cheaper to have County do signs.
LAKE ELMO COUNCIL MINUTES - 9/20/83
Page 10
M/S/P Morgan/Eder that we have signs even of a temporary nature
to be printed and posted in problem areas up to an expenditure
of $200 which would say "no hunting without written, dated
permission". ( Carried 5-0 )
B. .-rehensive Plan Printing - M/S/P Fraser/Mazzara that
an updated version of the comprehensive plan should be printed
and made available to appropriate City officials, public library,
and public people who want to pay for them. (Carried 5-0)
C. Isle Avenue North Right -of -Way Quit Claim Deed -
Whittaker explained that Springborn's had sent a quit claim deed
for that right-of-way for public street purposes, and before
recorded Council has to accept it and letter has to be sent to
that affect. However, this doesn't assureproperty owners that the
County will maintain the street until it is improved to City standards. This is
right-of-way that will serve Colosimo-Maistervich property
between Jane Road and Springborn Green Acres.
Fraser - is there any reason for not accepting it according to
Springborn? (Whittaker - Springborn said he would like an
agreement from the Council that he would not be assessed for
future improvements for that part of Isle Avenue, and under
past policy we would not assess him unless he develops his
property before Colosimo.
M/S/P Fraser/Mazzara to accept Isle Avenue North Right -of -Way
Quit Claim Deed with stipulation that Springborn would be
a sse ssed unless he platted before Colosimo development. (Carried 5-0)
D. Hagberg's Quit Claim Deed - Whittaker explained that
deeds were exchanged and City has no interest in "yellow" property
(Hagberg's building on Lake Elmo Avenue) so they want deed cleared
up. They own "blue" piece which is of no use to them but could be
important to us so I suggest we quit claim "yellow" area to new
owners Mr. and Mrs. Jack Lee and and ask them to quit claim this
easement area and "blue" area so we have control over Fire Hall
parking lot and for ingress and egress in perpetuity. They also
have easement for future sewer system which I think they're going
to have to maintain because of limited lot size. They do have
access to yellow parcel from post office alley and through other
alley under development. We'll have to negotiate if they don't
give us blue piece, but should clear up title regardless.
m Fraser - we should keep bargaining power.
M/S/P Fraser/Morgan to authorize negotiations for quit claim
deed and essentially make tradepas outlined if the other party is
willing to yield the blue area for the yellow. (Carried 5-0)
E. Chuck Clausen Resignation from Parks Commission -
Adopt Resolution 83-EL:
M/S/P Morgan/Eden that the appropriate Resolution be prepared by
the City Administrator acknowledging Mr. Clausen's service on the
Parks Commission and with our appreciation. (Carried 5-0)
LAKE ELMO COUNCIL MINUTES - 9/20/83
Page 11
M/S/P Morgan/Dunn to appoint Merle Olson, 1st alternate, to be
moved to permanent Parks Commission position. (Carried 5-0)
• Fraser mentioned we should consider someone from Cimarron when
we get around to naming the 2nd alternate.
F. Auditor's Contract for 1984 - Contract is identical to
previous one with minor adjustments in rates.
M/S/P Fraser/Morgan that we again retain the firm of DeLaHunt
Voto & Company, Ltd. for 1984 auditing services. (Carried 5-0)
G. Hammes Problems - (REF: Memo dated 9/19/83 to City
Council from Jim McNamara, Building Official; and letters to
Mr. William Hammes dated 8/24/83 regarding "Storm Damage to Single
Family Structure", 8/24/83 regarding "Stockpile of Top Soil" and
9/14/83 regarding "Stockpile of Soil" all from Jim McNamara.)
• Fraser - It's my understanding from this material from the
Building Official that he's really citing three violations --the
home that was wrecked in the storm should have been removed,
bringing a building into the City without permission, and the
large quantities of soil that have been moved in and out of the
property without a city permit; and he's saying that the Special
j Use Permit for the mining operation for 1984 may be withheld.
• Klaers - the attorney advised us that for violation of City
codes we can withhold the permit.
• Fraser - would think the collection of problems would merit that
kind of consideration.
• Eder - Has there been any response to the 9/14/83 letter?
• Lyons - I didn't know we would be on agenda. We didn't answer
9/14 letter, and regarding the gravel ordinance we don't feel we
have to request the permit because the definition of mining in
the ordinance is that mining shall include the excavation,
removal or storage of sand, gravel, rock, soil, clay and other
natural deposits.
• Fraser - But the 8/24 letter asks for a written response; have
you done that?
• Lyons - no we haven't and that's why we came in tonight to
explain it.I'M here to answer any questions and explain it, and
we're willing to put it down on paper. When we're through with
mining an area we're required to put down topsoil.
• Eder - Point is that if you had just responded to letter, item
wouldn't been on agenda.
• Fraser - Don't believe coming and talking at a meeting is a
suatitute for a written response.
• Whittaker - Why didn't you call City Hall if you were confused.
• Eder - Letter was sent out with positive note and he only wanted
verification, not trying to force you to be an adversary.
Consensus of Councillors was that Hammes should work with Building
Inspector and take care of 8/24 items and other issues so Jim
McNamara can come back to us before Council can take action.
LAKE ELMO COUNCIL MINUTES - 9/20/83
Page 12
10. BUDGET DISCUSSION - (REF: "City of Lake Elmo 1984 Budget
Worksheet, 3rd Draft, Revised 9/13/83")
• Whittaker - would like to know if there are any changes or items
to be discussed before budget is adopted at 10/4/83 meeting.
0 Klaers - Parks Commission had recommended $1,500 expenditure for
small tractor to be split 50:50 between Park Fund and General Fund
since it can be used for mowing right-of-ways and parks. (Fraser
- felt this portion should be reviewed by thatCouncil CIP group and
then come to Council.)
• Morgan questioned big jump in public safety, i.e., $117,625 to
$152,736. (Whittaker - big difference is fire equipment reserve,
10% put into police contract, and pension fund addition for Fire
Department.)
o Eder suggested this item should be early on agenda and about 15
minutes allowed so that persons present may comment.
M/S/P Morgan/Fraser to adjourn at 10:00 p.m.
Submitted by:
Ilene Johnson, Acting Secretary
RESOLUTION 83- 61 Resignation of Chuck Clausen
li•-83-61
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION OFFERING APPRECIATION AND THANKS
TO CHARLES M, CLAUSEN FOR HIS CON'TRI:BUTION TO
THE PARKS COMMISSION FROM
MARCH 15, 1982
TO
SEPTEMBER 19, 1983
n
WHEREAS, the Parks Commission appreciates the service
that Charles M. Clausen has given to the City as a Parks
Commissioner the past eighteen months, and;
WHEREAS, the..City Council has had the pleasure of work-
ing with Charles M. Clausen during his service on the Parks
Commission, and:,
WHEREAS, the City Council and Parks Commission has
greatly appreciated his understanding of community needs and
goals and his assistance throughout the process of planning
and. developing the City Parks system; and, especially, his
advice and effort in designing improvements to City Parks;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo, that:
The City Council and each and every member, past and
present who had the opportunity to work with Charles M. Clausen
hereby offer their sincere appreciation and thanks to Charles
M. Clausen who served on the Parks Commission from March 15, 1982
to September 19, 1983.
ADOPTED, this 20th. day of September, 1983, by the City
Council of the City of Lake Elmo, Washington County, Minnesota.
SIGNED:
ATTEST:
1'atri�b�LTaers
City Administrator