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HomeMy WebLinkAbout03-06-84 CCMLAKE ELMO CITY COUNCIL MINUTES MARCH 6, 1984 The meeting was called to order by Mayor Eder at 7:00 in the council chambers. Present: Councillors Dunn, Fraser (arrived 7:10) Mazzara and Morgan; City Administrator Klaers, and City Engineer Bohrer. 1. Agenda M/S/P Morgan/Mazzara - To approve the agenda as amended. Add: - �4 A - Mr. Meyer's concern on snowplowing in the Hidden Bay area. 7 C - Bruce Dunn on the Regional Park Gate 8 D - VFW Bingo 8 E - Milt Klohn - proposed location of Arabian Horse farm 8 F - Board of Review -• Meeting Date and Time 8 G - Informational Items. (Motion carried 4-0) 2. Minutes M/S/P Morgan/Mazzara - To approve the minutes of the 2/21/84 City Council meeting. (Motion carried 4-0) 3. Claims M/S/P Dunn/Morgan - To approve claims 84643 thru 84692. (Motion carried 4-0) 4. Public Inquiries A. Mr. Jack Meyer 8409 Deer Pond appeared before the council to express his dislike for the timeliness of snow plowing in the Hidden Bay area. He said there has been a noticeable difference in the past three years. The plowing now isn't done sometimes until 6:00 to 8:00 p.m., where in the past he has witnessed the ability of the City to get out and plow the snow in a timely manner. He feels something should be done to get the area plowed out early in the morning. The quality of the snowplowing is good; the roads are plowed wide and well done. Eder stated we will look into the problem - scheduling, etc. B. Dick Murray - VBWD: Updated the Council on the position of the VBWD on the following: (1) Weir on Lake Olson/DeMontreville; (2) Progress on the 509 Plan; (3) Problems on Lake Jane this year. The DNR denied the VBWD request to install a hole in the weir on the Olson/DeMontreville outlet. This was not a great disappointment this year from an operational standpoint because VBWD had plenty of water to pump .last year, and will have plenty to pump this year. Therefore, the benefit of the hole in the weir would not be realized this season. LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 2 The disappointment of it was the DNR took a hard policy on the matter; they said the rules and regulations prohibit lowering the outlet of a lake that already has an outlet. In order to do so, VBWD would have to go thru a public hearing process that the DNR would conduct. The ruling of the hearing examiner would be given back to the commissioner of the DNR and he would determine whether or not you could lower the level of a lake or install a hole in the weir, etc. The ripple effect of this stand by the DNR is that in our Chapter 509 plan, VBWD proposes to lower the levels of several bodies of water in the district. Some of these lakes do have outlets functioning, and some don°t; the DNR has got a rule for both of them. The DNR told VBWD at the same time they denied the Olson Lake request, that we would have to go thru this hearing process in our Chapter 509 proceedings. Chapter 509 is moving along quite well. The committee's recommendation was that VBWD install a system of minimal pipes and channels and solve the problem of today. We presented our overview of the 509 proceedings to the County Board and pointed out to them that the final decision on Chapter 509 does lie with them. They will be approving the operating plan for the 509. They verbally endorsed our plan for pipes and channels and thought we were proceeding in the right direction. Our biggest obstacle will be with the DNR when going thru the hearing process. Even though they have pledged their cooperation, when the hearing process happens we will need some real support from the cities and residents throughout the district. Mr. Murray passed out a chart of lake level readings over the past four years. He highlighted some of the more significant things pointed out on this chart. The VBWD intends to resume operation of the pump on Lake Jane as soon after March 15th as physically possible. As far as contingency or emergency plans in the event of a flooding situation on Lake Jane again, and VBWD is not able to supplement with a diesel pump, the City should be aware that the VBWD does not have the authority to do anything other than operate a pump into City Park Pond. VBWD has been requested to pump water out of Sunfish Lake and some people have suggested that we pump water to Eagle Point Lake; but under the rules of Chapter 112, we do not have the authority do anything other than pump the way we are now. It would be a good idea if the City Council and the managers sat down and put together a contingency plan, if they felt that one was necessary. If the need is there, it is something that should be taken care of now because if we are required to go thru the petition and hearing process, there is a considerable amount of time that is required to get all the necessary approvals. Consensus of the council was for the VBWD to provide more information: Develop an estimate as to what the City's liability might be; draft a petition; develop a perc chart; etc. In general present a more concrete alternate pumping location plan to the council. Larry Bohrer stated that the support of the DNR is really important in the alternate pumping location plan. It will help with any negotiations with the County and the Met. Council. Suggests bringing the DNR into the plan on an early basis. LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 3 5. Public Hearings: A. Application from Mr. Springborn for a simple lot subdivision and lot size variance at lot 9, block 2 of Green Acres Addition. Pursuant to published notice, this public hearing was called to order at 7:35 in the council chambers. Bruce Folz advised the council that Mr. Springborn attempted to purchase additional land, to eliminate the need for this variance, from the owner of lot 8, but was unable to do so. He also reiterated Mr. Springborn's reason for requesting this variance; the lot as it is now - with excess of 650 feet of road frontage - is not saleable. Discussion of the surrounding lots - some of them are less than the 1.5 required acres; and how the original platting was determined. Tom Hoffman, owner of lot 8, Springborn addition, stated this lot size variance would undoubtedly have adverse effects on aesthetics of the area and depreciate surrounding property values. He further suggested that the council take a look at the lot to see for themselves (rather than look at the map) why two lots would not be right for this site. Jim Buggert, 9123 55th Street North (property owner to east of lot 9) stated that one of the desirable things about the area was the larger size lots, and was a determining factor when he purchased his home. He is much more in favor of an open area, and does not feel the lot split would be a.benefit to the area. Bohrer reiterated his report of 2-8-84 to the Planning Commission. The lot size requirement in a Rl zone is 1.5 acres; so this split would create two non -conforming lots under the present code so each lot would require a variance for lot size. Also, referring to the septic system ordinance, it is stated that whenever you have slopes over 12%, the soils should be carefully analyzed so that there is not a possibility of sewage leaking out the side of the hill. The public hearing was closed at 8:00 p.m. Fraser stated she is opposed to this subdivision and variance. The principle reason being that the hardship that has been shown is, in her judgement, a financial hardship which does not justify the variance. She felt if the variance was granted, and the lot cut in half, you still have a corner lot that proportionatly has the same problem (too much frontage for the rest of the lot) as the one that exists now. To allow this, when there are other properties nearby who built with the understanding that the regulations would be enforced, is perhaps a greater wrong than what the difficulty which Mr. Springborn is experiencing. Eder stated his concern is that most often, lot sizes are to control two things; (1) density; (2) make sure that there is an alternate location for a septic system. He does not have a problem with a variance of this nature. LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 4 Dunn stated that there are other houses in the area that are less than 1.5 acres. There is an area across the street that, he feels, will be subdivided into 1.5 acre lots at some time. Does not see a problem with this variance, except with the soil conditions. If he supports the variance, it would be contingent on suitable soils for septic system on both lots. Morgan stated that he concurrs with both Fraser and Eder. He is concerned with the fact that it was platted, and a number of lots were sold, and now we are considering changing the complexion of the plat by dividing the lot. He does not feel strongly one way or the other. Mazzara stated that we would be changing lots that have been pre -platted, and sees the possibility of other people making the same request. M/S/P Fraser/Mazzara - To deny the application from Mr. Springborn for a simple lot subdivision and lot size variance at lot 9, block 2 of Green Acres Addition. (Motion carried 3-2 <Dunn and Eder>) B. 1984 Municipal State Aid (MSA) Improvements project for 45th Street, Julep Avenue and 47th Street from Jane Road North to Keats Avenue. Pursuant to published notice, this public hearing was opened at 8:10 p.m. in the council chambers. Larry Bohrer presented the 1984 proposed MSA improvements as outlined in his Feasibility Report of 2-21•••84. This presentation included - Special Conditions - Telephone Conduit - Right -of -Way - Feasibility - Summary of Costs and Proposed Assessments - Assessment formula - Preliminary Cost Estimate. (The assessments could range from $340 to $750 per lot.) Bohrer further described the proposed design for Julep Avenue down to 45th Street. Since the access for the four parcels in and around the Morris Addition and the Delmar Eder property access in the same area, his idea was to keep a portion of Julep Avenue as an existing right-of-way, and combine those four parcels into a single access, perpendicular to the curb on Julep and 45th. That is the safest location. A portion of the existing 45th Street right-of-way would not be required any longer and could be vacated; turned back to the property owners. James Blackford, 9765 45th Street North was concerned about the placement of mailboxes if they were forced to go straight north out of the driveway. They now have to be placed on the northwest side of the road. It'gets harder when they are put on a curve, if they are even allowed thre. Bohrer stated the mailboxes could be located on either side of the driveway as there would be room to turn around. Also, he would be willing to get together with the postmaster to try and work out something that is both safe from a traffic standpoint and from a convenience standpoint. LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 5 Bohrer also explained to Mr. Blackford how four lots were determined for the Morris property. He further stated that the intention was to notify everyone that could possibly be assessed. The final decision as far as who to assess and how much to assess is not made at this meeting, but is made at a later assessment hearing. Blackford asked if the section of road going north remained there, who would be responsible for maintaining it? Their driveway would be extended another eighty feet, it is not the on Morris land; but it is their driveway. Bohrer stated that he would have no problem with blacktopping driveways to the property line, and this could possibly be eligible for MSA financing. Blackford stated that in the winter time, because of the northwest winds, this corner (45th and Julep) is a tough corner. Unless they get a straight shot going north , or west (from their property) it will. be difficult to get out unless the City maintains the road. Also, the criteria for assessment for these improvements is a tough call. There are some homes off of Keats at the very end that can also use the road. Bohrer stated that these property owners would be notified when the 47th Street improvements are done. Richard Eder, 9198 31st Street North, speaking on behalf of his mother (Myrtle Eder) stated their concerns are the amount of land that needs to be taken for the curbs. If you .look at her property, the north forty has Keats Avenue running along the east; then a road cuts the eighty acres in half; and then a road goes along the west side of the south forty. How much land should someone have to contribute to roads? If this road is to be improved, proper compensation for the property owners who will lose land should be made. Some of the things that should be considered in appraising is: the use and zoning of the land now; loss of income during the construction period; the usefulness of the land that is returned to the property owners. Also, there is a certain amount of existing black soil there now. This black soil should never leave the site; it should be retained and used to reclaim the abandoned roadway. Delmar Eder, 4515 Julep Avenue North, asked how much more it would cost to leave 45th and Julep square rather than curving it. Bohrer stated that state aid funds would not be approved for that kind of a "T", or a ninety degree corner. The total cost would have to be born by the City and as a City project, not as a municipal state aid project. Bohrer suggested that the City have the right-of-way appraised. However, in the interest of time, (since so much time is involved if the right-of-way must be condemed) also suggested the condemnation be initiated. M/S/P Morgan/Mazzara - To adopt Resolution 84-24; a resolution ordering the 1984 MSA improvements for 45th Street, Julep Avenue and 47th Street, from Jane Road to Keats Avenue; and ordering the City Engineer to ( prepare the plans and specificiations. (Motion carried 4-0-1 <Eder>). LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 6 Fraser commented that this road improvement has been considered for many years; and wants it made clear that this is something that hasn't been decided quickly, but the last step in a long process. M/S/P Fraser/Morgan - To instruct the City Administrator to secure the service of an appraiser and have the right-of-way appraised for the MSA street improvements for 45th Street, Julep Avenue and 47th Street, from Jane Road to Keats Avenue. (Motion carried 5•-0) M/S/P Fraser/Morgan - To adopt Resolution 84-25; a resolution ordering the City Engineer to begin the condemnation process for the right-of-way for MSA street improvements for 45th Street, Julep Avenue and 47th Street, from Jane Road to Keats Avenue. (Motion carried 5-0) 6. Engineer's Report: A. Lee Johnson: Shoreland Permit and Variances for lot size and setback at lot 6, Oace Acres. Mr. Johnson pointed out that his plans have been updated. They now include the 953 square feet of the drainfield trench; conceptual drawing by architect showing the elevation of the lower level and main level of proposed house. Mr. Johnson presented a model of the site to demonstrate the amount of earth that would be removed if they build where they want to, (75 feet setback rather than 100 feet). 343 cubic yards of dirt would be removed and a total of eight trees would be affected. If they built at the 100 foot setback, 542 cubic yards of dirt would be removed and twenty-two trees would be affected. He further stated, regarding the septic system, that although the city ordinance requires the system be located at least 75 feet from the high flood mark, their intentions are to locate it 148 feet from the high flood mark to minimize any negative effect. Eder said he senses the concern of the Johnson's for the environment; but asked if the house was designed to fit the lot, or is it the house plan trying to be adapted to the lot? Johnson stated it was very definitely taking the land into effect. They had no particular house plan in mind. Eder says the only difference he sees between the 75 feet and 100 feet setback is that at 75 feet the house would be closer to the lake with fewer trees in between. Morgan stated that the purposes of the ordinances, including the DNR's, is to protect the environment and to make sure we don't have to provide some unnecessary services. None of these apply in this case. He could not see any environmental damage, or damage to the neighboring properties. LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 7 John Stine, of the DNR, said his opinion is based on a visual inspection of the property. At the 75 foot setback, a definite break in the slope ( occurs which would make the construction of a walkout basement much easier. However, it is the position of the DNR that the break in the slope is the most visually conspicuous location on the lot when viewed from the lake. Also, the break in the slope is generally the most sensitive portion of a lakefront lot in terms of erosion potential. The DNR, therefore, recommends locating the house at the 100 foot setback as required by the City Code. Slight alteration of the floor elevations and grading of the lot would still allow for a partial walkout basement at that location. Mr. Stine also pointed out that the City's ordinance does not contain any language about removal of trees. The State regulations does state: there should not be any clear cutting of an area; you should maintain an existing canopy of trees to provide for a continious tree cover along the shore. Dunn said he did not have trouble with the lot; his concerns would be the drainfield, and those requirements are met. MIS/ Morgan/Dunn - to grant the shoreland permit and variance for Lee W. Johnson on Lot 6, Oace Acres. (Motion failed 2-3 <Eder, Fraser,Mazzara>) Fraser does not feel the hardship has been demonstrated; there are alternates. Morgan feels the Johnson's should be allowed some latitude. The sewer is set back farther than neighboring homes and the lake is fully built up; there are houses all around the lake, most of them do not have trees as they all died because the water has killed them. Eder stated there should be some general uniformity in setbacks. If you take the terrain and design the house around it, there is some solution to this. B. Mn/DOT presentation on I-94 Harry Orlick, and Pete Shannon from the Department of Transportation presented the main line grading and surfacing contract. Starting at i-694 they build the mainline and interchange at Co. Road 13; interchange at Co. Road 19; interchange at Co. Road 17; and interchange at Co. Road 15. Included in this contract is the drainage system and the frontage road. This portion of the contract is the largest; $30 million, and will take approximately two years to complete. (from Co. Road 21 to I-694). The bridges on I-694 (over I-94) will be re -decked, but will not be done until 1986. The reason for the re -decking is to replace the deterioration and also some geometric changes to the loops and there will be some extra width put on the decks to accomodate the new curvature of the cloverleaf interchange. Mr. Shannon summarized the drainage system plans. He pointed out the highpoints in the road and explained where the drainage will go. The intent is to have the vast majority of the highway right-of-way stay within the highway drainage system and be carried east. Some of the LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 8 adjacent areas that naturally drain to the highway right-of-way do occurr on the north side (in the Lake Elmo area); about 57 acres in the ( northwest corner of CSAH 19 which will drain into their system. There is also an area on the north side of CSAH 17 which will drain into a pond and also into their system. Eder asked if the ponding areas were going to be fenced. Shannon said as a general rule they try to, especially in wet ponds, fence the ponding area off completely. Larry Bohrer asked (on the drainage that comes from Lake Elmo) what assumptions have been made regarding land use as far as run-off generation. Shannon replied that they generally assume fully developed situations. At the interchange areas they assume fairly heavy type commercial type development, therefore; they anticipate higher run-off rates. In general, they have assumed commercial development along the corridor and less dense development in the adjacent properties. Bohrer stated that recently Lake Elmo entered into a joint powers agreement with Woodbury, Cottage Grove, Oakdale and a portion of Afton in the watershed called the Cottage Grove Ravine. In that agreement, Lake Elmo promised 'that it would not increase the rate or volume of run-off presently leaving Lake Elmo. Larger capacity structures than are necessary now may have been provided, but wanted to point out that it is primarily for the protection of the highway; not to show the communities down stream that Lake Elmo is planning to increase their rate and volume of run-off. M/S/P Dunn/Fraser - To adopt Resolution 84- 27, a resolution approving the plans, special provisions, and specifications, as prepared by the Commissioner of Transportation for the State of Minnesota, for the improvement of I-94, within the corporate limits of the City of Lake Elmo. (Motion carried 5-0) Eder stated he would like a report on the total cost of the road. Mn/DOT stated this report would be sent as soon as it is available. 7. Council Reports: A. Dunn: Appreciation dinner for retiring commission members. Dunn stated that last year at this time, we had an appreciation dinner for the retiring members of the Planning and Park Commissions. The retiring members are: Dave Morgan, Ed Nielson, Chuck Clausen, and Al Martins from the Park Commission; and Bill Peterson from the Planning Comission. M/S/P Eder/Fraser - To authorize Bruce Dunn to arrange an appreciation dinner for the retiring Park and Planning Commission members; and the retiring Fire Chief, Bruce Kuettner, and the City will pay the dinner bill for the retirees and their spouses. (Motion carried 5-0) LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 9 ( B. Dunn: Regional Park Gate Dunn stated that several days after the last City Council meeting, he spoke with Gary Horning who said that neither he nor Jack Perkovich were too impressed with the reception they received here at the last meeting. I told Gary I had no apologies; that if they came in with the same proposal and recommendations for acquisition of additional land, I would make the same comments which is nil. Dunn further stated that he went back and looked at a book on the Regional Park Reserves. Contrary to what Perkovich said about the original plans (that the control point had always been designated as out near Highway 10 and what will be County Road 19.) the map does not bear this out. The contact point is within what is now the confines of the park reserve. Dunn feels the County's intent is to acquire additional land and preferably Alternate A. Dunn stated he is getting tired of seeing more and more land being eaten up by parks; bits and pieces at a time. Dunn would like to propose to the Council passing a resolution asking the County for a moratorium on this additional acquisition of land for the Regional Park. If they do have to buy an acre here, give up an acre somewhere else. Fraser stated there is certainly some merit in Dunn's suggestion, but to do it at this point, (she didn't feel) it would have any great positive effect. She feels its main effect at this time would be to arouse antagonism without any positive effect. Dunn stated he also spoke with Artie Schaffer and asked him if he was aware of these two alternates (A & B), and Schaffer stated he was not; and was not in favor of any land acquisition. Dunn feels that the City should take a stand, and let the County know exactly the position of the City on this issue. Eder feels that it is a good idea, but doubts that it will do any good. Morgan suggested writing a letter to Mr. Schaffer, telling him of our concerns. M/S/P Morgan/Fraser - To instruct the Administrator to write a letter to County Commissioner Schaefer stating Lake Elmo's preference for using the existing road right-of-way for the park entrance and to locate the park gate inside the Regional Park. (Motion carried 5-0) 8. Administrator's Report: A. Parks Equipment - CIP for 1984 M/S/P/ Morgan/Eder - To proceed with the purchase of a 60" rotary mower in the amount of $695; and a three-point power takeoff sprayer in the amount of $681 from Carlson Tractor; and to contact Mogren Brothers in an effort to purchase the John Deere 301 diesel tractor at a price of approximately $2600. And to split the cost 50/50 between the park fund and the maintenance fund. (Motion carried 5-0) LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 10 B. Planning Commission Appointments M/S/P Fraser/Dunn - To appoint John Schiltz to the Planning Commission. (Motion carried 5-0) MIS/ Morgan/Dunn - To appoint Rosemary Armstrong to the Planning Commission. Fraser stated she would vote in favor of this; however, would also like to see Carol Kuettner appointed. Although there are not that many vacancies, if a vacancy should arise consideration should be made for Carol. Eder stated that he would prefer to interview the applicants for the second appointment to the Planning Commission. Morgan feels that representation from all aspects of the City is important, and feels that Rosemary Armstrong would be a good choice. Mazzara stated he would be in favor of LouAnne Mehsikomer as this is the second time that she has applied; which indicates a continued interest in the Planning Commission. M/S/P Fraser/Mazzara - To table any action until each of the applicants have been invited to the Council meeting for an interview. (Motion carried 3-2 <Dunn and Morgan>). C. Park Commission Appointments Klaers advised the Council that no new applications have been received for this commission. Fraser suggested that we ask the people applying for the Planning Commission if they would consider sitting on the Park Commission. D. VFW Bingo - One year license Klaers stated that he received the required application, signature and fees from the VFW; and the police have checked them out and everything is in order. Fraser stated she would like to see the data on this application and asked that the approval of this license be tabled until the Council has reviewed it. E. Milk Klohn: Arabian Broodmare Farm Klaers stated that the correspondence received from Mr. Klohn indicated that he was looking at a site adjacent to Tablyn Park. The property is the southeast 40 acres of the 160 acre tract bordered by Inwood on the east, Stillwater Blvd. on the north and the City of Oakdale on the west. The north line is south of 27th Street N, and the property faces the county park on the east side of Inwood. Klohn proposes to build a pole or steel building approximately 120 x 140 feet including a 60 x 110 indoor arena, and furnished lounge opening to a deck within the arena allowing the display of customers horses. Approximately 40 stalls plus wash, grooming, and foaling stalls would be built and pace for equipment, feed and all other storage would be provide . LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 11, The Council did not express any concern over the location of the facility (in an RR zone). The Council did indicate a desire to have Mr. Klohn conform to the City Code as much as possible; with the known exception of a needed variance for the number of horses per acre Code requirement. F. Board of Review The County Assessor suggested following the same procedures as in the past, and have the Board of Review meet on Tuesday, May 22nd from 2:30 to 7:30 p.m. Klaers to advise the County Assessor that the City Council has no problem with the date or time for this review. G Informational Items (1) Marilyn Banister Klaers advised the Council that Marilyn was making a speedy recovery and is working 3/4 time this week and expects her back nearly full-time the week of 3/12/84. (2) Castle Design Klaers advised the Council that the City is being sued by Castle Design. The complaint was received in the city hall on 3/5/84 and has been turned over to the City Attorney and we will answer the complaint within the twenty -day requirement. 9. Jim McLeod - HELP Chairman McLeod stated that at the last public meeting that the County held with engineers discussing the air -stripping and how satisfactory it was working, Mr. Ayers read several articles that stated that contamination can be caused by empty "Mr. Clean" and "Fantastic" bottles; gallon cans of paint; etc. McLeod said he agrees with Ayers, that these things can cause contamination, but is not the primary problem at the landfill site. Since the last public meeting, Dick Johnson who lives on Lake Jane Trail, has come forward and stated that his son worked for the County at the time the dump was being filled. His son and several other neighborhood boys are willing to testify that truck loads of barrels were brought in, and the operator of the dump site (that was working for the County) would immediately get on his bulldozer and squash these barrels, and cover them up. McLeod stated that one of the members of HELP was at the Washington County Fair when Congressman Sikorski was there and asked a question about the dump site, if he was familiar with the problem. Afterwards, a gentleman came up to Dave Jenson, who was at the fair, and said if you want to know what is in that dump site, just ask me, I will tell you everything about it. The gentleman has been contacted and he has considerable knowledge of solid waste management. He has pointed out that he attended seminars put on by EPA in St. Louis and Kansas City in 1973 and 1975, and there was no one there from the Minnesota Pollution Control Agency. LAKE ELMO CITY COUNCIL MEETING 3/6/84 PAGE 12 He said truck loads of barrels were brought into the dump site. They came from Chemlite; were covered by the bulldozer operator as soon as they were brought in, and covered with sand rather than clay. He called and made a complaint to the head of the MPCA (solid waste management section) and was told: to mind his own business; that he didn't know what he was talking about in regards to waste management; and this would someday be a model dump site for the nation. McLeod asked if anyone knew what happened to the $500,000 that was to be put away for the reclaimation, land management, and the possible addition of more dump sites land. McLeod is planning on pursuing this question with the County. McLeod further advised the Council that he had been told by Mr. Ayers that Lake Jane Landfill Advisory Committee would be meeting sometime after February 20th. When he didn't hear from Mr. Ayers, he called and asked if any meetings were scheduled and was told that Ramsey County had not yet appointed anybody to the Advisory Committee, and that the meeting might have to be held without Ramsey County present. McLeod then contacted Mr. Brubacher, Ramsey County Executive Director, and asked why no one had been appointed to this advisory committee. Mr. Brubacher stated the reasons as: The Ramsey County Board did not know what the effect of appointing someone to this commission would be on pending legal cases relating to the landfill; the board did not understand why Ramsey County was to have only two places on the committee; the board was not sure if having representation on the committee would tie them to any possible financial settlement relating to the landfill site; the board was not notified of a need to appoint anyone to this committee until February lst; the board did not understand what the charge of the committee was; the board did not understand why it could not wait until after the Engineer's summer report to take action (the summer report on the air -stripping). Mr. Brubacher denied ever being contacted by Washington County on this matter., but stated he would get in contact with Washington County and get the matter straightened out. McLeod further stated that he then received a call from Mike Ayers who said that McLeod's call to Ramsey County had affectively killed any action that this committee might take; that he had no business telling Ramsey County that the committee charge was to look for an alternate solution to the landfill problems, other than just the air -stripping. McLeod further stated that he sent a letter to Artie Schaffer stating it is the opinion of HELP that it is Washington County's duty to go ahead and seek a solution to the landfill problems; that the advisory committee should meet without Ramsey County individuals present; or the Washington County Board should hold direct hearings and find a solution to the landfill situation. Eder suggested that McLeod or Klaers talk to Mike Ayers' boss. She is the one that insisted that our approach would not work. Her plan is not working, and we want to know why. Resolution 84-24 - Ordering MSA Improvements Resolution 84-25 - Ordering condemnation for MSA Improvements Resolution 84-27 - Approving I-94 Plans CAPITAL IMPROVEMENT COMMITTEE Meeting at 6:15 p.m. on 3-6-84 (before regular Council Meeting). Members: Mayor Eder; Councillors Dunn and Morgan; Administrator, Klaers; and Maintenance Foreman, Wisdorf. Background Information Presently, the staff has no additional information to distribute. Please bring to this meeting, the background material handed out before the last CIP meeting as you may want to refer to this information. If you cannot locate this previously distributed material and desire this information for this 3-6-81[ meeting, call City Hall and copies will be made for you. Dave Wisdorf expects to have a report ready to hand out at this 3-6-84 CIP meeting. He is in the process of obtaining and compiling cost estimates for some of the items discussed at the last meeting ..... ie: for the wing vs underblade on the dump truck; tractor and related items for the Parks; hot water washer; etc. The most pressing need to discuss and take action on in this late winter season is the needed Parks Capital Improvement equipment. The Park CIP budget has $4,000 allocated for a tractor (used), hook on mower and weed sprayer. This park equipment issue will be the main agenda item for this 3-6-84 CIP meeting. At this meeting, Dave Wisdorf will be prepared to discuss the need for this equipment and the cost estimates. The rest of the meeting, as time allows, should be used to discuss the items that need to be on the next CIP agenda along with a time table and game plan for this committee. I have placed "Parks Equipment CIP for 1984" on the regular City Council agenda (8 A). Depending on the results of this CIP meeting and what information Dave has obtained, this agenda item will either: 1. be removed from the agenda; 2. be a request to obtain quotes for the needed parks equipment; or 3• be a .request to purchase the needed parks equipment based on the type of cost estimates Dave obtains from local equipment dealers. Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise ,your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. LAKE ELMO CITY COUNCIL AGENDA MARCH 6, 1984 6:15 p.m. Capital Improvement Committee Convenes 7:00 P.M. City Council Meeting Convenes 1. Agenda 2. Minutes: February 21, 1984 3. Claims 7:10 p.m. 4. Dick Murray: General Discussion on VBWD plans for 1984 5. Public Hearings: 7:30 P.M. a. Application from Mr. Springborn for a simple lot subdivision and lot size variance at lot 9, block 2 of Green Acres Addition. 8:00 P.M. b. 1984 Municipal State Aid (MSA) Improvements project for 45th Street, Julep Avenue and 47th Street from Jane Road North to Keats Avenue. -------------------- break -_-__---_-----_-_--_ 6. Engineer's Report: 8:45 p.m. a. Lee Johnson: Shoreland Permit and Variances for lot size and setback at lot 6, Oace Acres. 9:00 P.M. b. Mn/DOT presentation on 1-94 plans c. Other 7. Council Reports: a. Dunn: Appreciation dinner for retiring commission members. b. Other 9:30 p.m. 8. Administrator's Report: a. Parks Equipment - CIP for 1984 b. Planning Commission appointments (2 alternate positions) C. Park Commission appointments (2 alternate positions) 9:45 p.m. 9. Jim McLeod: HELP Chairperson for general discussion - landfill drinking water situation. A* St. N. 3o* fT. N. IM ST. N. THE LOCATION OF THE FOLLOWING 3-6-84 COUNCIL AGENDA ITEMS ARE INDICATED BELOW: 5A; 5B; 6A AND 9. 1 4_ I I I ]OW -low Y Yp11M q .O� 00 CITY of LAKE ELMO I I CLAIMS TO BE APPROVED AT MARCH 6, 1984 LAKE ELMO COUNCIL MEETING 94643 Patrick Klaers - March Expense $100.00 34644 Lake Elmo Associates Ltd. - March rent 1689.00 84645 L.M.C.I.T. - March Hospitalization 1137.90 84646 Minn. Benefit Assn. 52.00 84647 Allied Group Insurance Trust 69.69 84648 D.T. Kuehl Electric Co.- circuit breaker - old office bldg. 299.44 84649 Don Anderson Heating - new furnace, old office bldg. 1385.50 84650 Northern States Power 1809.08 84651 Northwestern Bell 319.66 84652 AT&T Information Systems 49.41 84653 James McNamara - February mileage 155.92 84654 Meyer Hardware - Maint. Dept. 23.74 Fire Dept. 24.26 48.00 84655 Lake Elmo Oil - Maint. Dept. 32.45 Fire Dept. 20.70 52.15 84656 Brookman Motor Sales 48.64 84657 TKDA - General 747.43 VBWD 699.88 General & Cable 105.60 Pass-thru 121.18 201 12408.47 MSA 60.60 14143.16 { 34658 Special Intermediate School Dist. 916 110.00 (Tuition for Firefighter I - John Eder 84659 Communications Specialits of MN., Inc. 50.00 (Battery Pack - Fire Dept) 8466o Hoglund Bus Co. - Truck Maint. - Fire Dept. 251.69 84661 Oswald Fire Hose - Fire Dept. 7.80 84662 oxygen Service Co. - Fire Dept. 55.56 84663 Valley Trophy Center - Plaque for Bruce Kuettner 51.50 84664 Mary Meyer - Newsletter 2/28/84 200.00 84665 Gerald Dahlberg - February Animal Officer 300.00 . 84666 City of North St. Paul - Vehicle - Animal Control 125.00 84667 Oakwood Animal Hospital 50.00 84668 Four Seasons Service 38.60 84669 Stillwater Book & Stationery 80.68 84670 Copy Duplicating Products, Inc. 300.00 84671 American Typewriter Co. 19.20 84672 Hagen Office Equipment - Service Agreement renewal for Apple II 283.00 84673 International Hough 4.99 84674 Leef Bros. Inc. 5.85 84675 Vern's GTC Auto Parts 61.26 84676 Jim Hatch Sales Company, Inc. 59.17 84677 Goodin Company 10.74 84678 Volunteer Firemans Benefit Assoc.(new member dues) 6.00 84679 Kunz Oil 95.43 84680 thru 84692 - March 16th payroll 6200.00 $2972b.o2 FROM: MEMO February 29, 1984 MAYOR & COUNCIL MEMBERS PATRICK D^ KLAERS, CITY ADMINISTRATOR SUBJECT: INFORMATIONAL MATERIAL FOR CITY COUNCIL Wish to advise you that Finance Director, Marilyn Banister, has gone through an enzyme treatment to disolve a deteriorating disc in her back" This is a»shot'/ technique. The doctors are very hopeful and positive that this shot will eliminate her back problems without the need for surgery" Marilyn is still out of the office this week, but we are hopeful for a quick and complete recovery" The 3-6~84 Claims List will be distributed at the Council table. MINUTES: Attached are the minutes from the Planning Commission meeting of February 13, 1984" OTHER INFORMATION..' l. Attached is the most recent, February 28, City Newsletter" This Newsletter contains major articles on the Fire Fighters, Regional Park Road, 50th Street and the MSA Public Hearing. 2" Wish to acknowledge that the portable sanitary facilities in Sunfish Park for the cross-country skiiers have been removed. 3. Attached are the 1984 load limits for selected City streets" We have posted these load limits, and this coincides with the same time as the State and Washington County are posting their load limits" As you can tell, we have 3, 4, 5, and 9 ton restrictions" I understand that this has been done in the past and is an effective method in preserving the roads" 4^ Wish to acknowledge that, barring any further cold weather, the ice skating facility will be closed for the season" As soon as practical, the City crew will remove the boards" . . ( 5 Attached is an article from the St Paul Dispatch � " " discussing Erwin Beutel and the Lake Elmo Bank. I found this to be an interesting piece of history about Lake Elmo" 6, For your information, we have received the minutes from the January lOth West Lakeland Town Board meeting" At this meeting, the Town Board discussed the 509 Plan" It was reported that West Lakeland supported Plan B (pipes) over Plan A. This proved not to be the case when VBWD held its 509 meeting on January 19, 1984" At this 1-19-84 meeting West Lakeland came out in favor of Plan A. The attached minutes from the West Lakeland Town Board meeting indicate that all the residents in the audience (10) favored Plan B and none of the residents favored Plan A but no motion was made by the Town Board supporting either plan. I am not sure when the official position of the West Lakeland Town Board was determined, but it most certainly does not appear in the minutes from January 10, 1984. 7" Attached is an article from the 1'^27-84 St. Paul Pioneer Press relating to taxes and State Aids, This article highlights the effort being made by cities and counties to lobby the legislature for a more equitable State Aid formula" B. I talked with Mike Ayers, from Washington County, today about the landfill and the water committee situation. He indicated that they are planning on continuing the spray irrigation system" The County engineers believe that this process is successfully containing the spread of ground water contamination and is also removing contaminates from the water. Mike further indicated that Ramsey County has not yet named anyone to the "alternate water system'' committee" A meeting between Washington and Ramsey Counties is being scheduled to discuss this committee" It is "hoped" that Ramsey County will name committee representatives at its March 5th meeting and that the committee will start meeting in mid to late March" I am sure that Mr. McLeod will, in part, want to discuss this committee at our 3~6-84 Council meeting (agenda item 9)" 9" Attached is a letter from the Mayor of Oakdale regarding our 2-21-84 Council action on 50th Street"