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HomeMy WebLinkAbout06-05-84 CCMLAKE ELMO CITY COUNCIL MINUTES JUNE 5, 1984 The meeting was called to order by Mayor Eder at 7:05 P.M. in the council chambers. Present: Dunn, Fraser, Mazzara, Morgan (arrived 7:10), Administrator Klaers, Engineer Bohrer. 1. Agenda M/S/P Dunn/Mazzara - To approve the agenda as amended. Add: 8A - VBWD - Eder 8B - Parking in core village - Fraser 9E - Barricade at 31st St and Stillwater Blvd. - Bill Hughes (Motion carried 4-0) 2. Minutes: May 1, 1984 and May 15, 1984. M/S/P Dunn/Mazzara - To approve the minutes of the May 1, 1984 and May 15, 1984 city council meetings as presented. (Motion carried 4-0) 3. Claims M/S/P Dunn/Fraser - To approve claims 84902 thru 84955 as presented. (Motion carried 4-0) 4. Public Inquiries A. William Snoke - Local ambulance service. Mr. Snoke reviewed his letter of May 21, 1984 in which he outlines his proposal, along with Craig Lambert, to purchase the Stillwater Ambulance (EMS) from Thomas A. Cropp. He further stated that their intent is to form a Citizens Advisory Group to provide a way to facilitate communications and to provide an effective form for maintaining an open-door and open -book policy. He further stated that Lakeview Hospital's application would be a second ambulance service. In response to the council's question as to whether or not Mr. Snoke anticipates any current or future subsidies, Mr. Snoke replied that they did include the existing subsidies that are being provided in their plans, but have not projected any increase in subsidies. He pointed out that the amount of subsidy that Mr. Cropp now receives is not a large percentage of his gross revenue. Mr. Snoke also stated that he has filed a rate schedule with the State of Minnesota. The rates are: $175 for scheduled non -emergency transfer type calls; $225 for basic life support unscheduled emergency type situations; and $275 if they get to the point of offering an advanced level of care (paramedic level). There will be no add on charges for backboards, oxygen, bandages, etc. However, if a patient was transferred outside of the primary service area, there would be mileage charge. Lake Elmo City Council Minutes 6-5-84 Page 2 5. Presentation of Resolution 84-34 to Michael Pott and Lake Elmo Volunteer Fire Department. Mayor Eder presented a plaque to Mr. Pott for his lifesaving efforts involving the overturned canoe on Lake DeMontreville on April 14, 1984; and presented a plaque to the Lake Elmo Volunteer Fire Department for the excellent training they provide for the members of this fire department. 6. 1983 City Audit Robert Voto of Voto, Reardon & Tautges & Co., Ltd reviewed the 111983 City Audit", the "Management Report" and the "Local Governments in the 1980's" report (copies of which were presented to the City Council). M/S/P Morgan/Mazzara - to adopt resolution 84-36 accepting the 1983 City Audit as prepared by Voto, Reardon, Tautges & Co., Ltd.; and transferring funds from one financial account to another. (Motion carried 5-0) 7. Engineer's Report A. Public Hearing for Bruce Beutal at 3590 Laverne Avenue North for side yard setback variance. Pursuant to published notice this public hearing was opened at 8:10 p.m. in the city council chambers. Mr. Beutel reviewed his plans for a 10 foot extension to his existing garage. The variances applied for would allow a zero rear yard setback where 40 feet is required and a zero side yard setback where 25 feet is required on a corner lot in an R-1 zone. The question arose as to the correct location of Mr. Beutal's property line. The Engineer indicated that if a variance was granted we would have to make sure that the addition would not be on the right-of-way. The Engineer further stated that a concern for snow storage should be addressed. The Council reviewed the letter from City Engineer dated 5-30-84 in which he recommends denial of this application because of the sight restriction and no demonstrated hardship. Fraser stated that given the use of the alley, the regulation which prohibits buildings being too close to property lines is a good one and in that area, as there is a fair amount of traffic and there probably is some snow storage problems. Also, because there is no hardship demonstrated, regardless of the findings of the survey, she could not vote in favor of this application. Mazzara stated that this proposal is actually a better proposal than if the fence was still up. Morgan stated he is inclined to let property owners do what they want with their property, as long as the neighbors do not object and as long as one is not creating a hazzard. Morgan stated he would be in favor of the application if we had some indication of where the I property lines or right-of-way is. LAKE ELM CITY COUNCIL MINUTES 6--5-84 Page 3 Eder stated he had some concerns about the variance but would like to know the actual size of the variance. There was no representation from the public regarding this application. The public hearing was closed at 8:35 P.m. M/S/P Fraser/Dunn - To table a decision on this application until more information on the lot lines is available. (Motion carried 5-0) B. MSA Update C. Jane Road North Bids The City Engineer advised the council that the Department of Transportation still estimates about two more weeks for reviewing our State Aid plans so the council cannot consider awarding the bids at this meeting. Regarding the right-of-way acquisition, the Schmidt's have accepted the City's offer of $104 for the easement. The Berchen's and Eder's do not wish to accept the City's offer so the City will be seeking a right -of -entry to begin the work while either the condemnation process and/or private appraisals are taking place. M/S/P Morgan/Mazzara - To authorize the City Engineer to proceed with the purchase of the right-of-way easement from Mr. and Mrs. Schmidt in the amount of $104. (Motion carried 4-0-1 <Eder>) Richard Eder, representing Myrtle Eder, asked if they were not satisfied with the offer made, is there room for negotiations; and if the property owners hire a private appraiser, would this appraisal fee be covered under the cost of this road project? Fraser stated that in the interest of propriety and accuracy, the council chose to have an independent appraiser make these appraisals as opposed to past practices of having the Engineer make the appraisals. If someone employs a second appraisal and they are not in agreement, a third party would have to figure which way to go. If any property owner does not agree with the appraisal, they do have the option of taking legal action. It would not be appropriate for the City to pay for the second appraisal. Bohrer stated that as far as he knew, this type of second appraisal would not be eligible for State Aid reimbursement. Administrator informed the Council that the City Attorney has advised the City to not begin any negotiations until condemnation procedures begin. D. Shoreland permit and variances for David Alford at 8080 Hill Trail North. This application was tabled at the 5-15-84 City Council meeting as percolation test results were not submitted. LAKE ELM CITY COUNCIL MINUTES 6-5-84 Page 4 Engineer informed the Council that the percolation tests have been submitted and they are adequate to put in a mound type system. As this application received detailed discussion at the May 15, 1984 Council meeting, the following action was taken. M/S/P Fraser/Mazzara - To deny the request from David Alford for a shoreland permit and variances (lot size, lot width, structure setback from OHW, and structure setback from road) at 8080 Hill Trail. (Motion carried 5-0) E. Dick Murray - Update regarding the water levels on Lake Jane. Murray discussed a letter from Allan Dornfeld which responded to the City's letter addressing VBWD's proposal to pump water to Eagle Point Lake and City Park Pond. Murray stated that VBWD has no authority under 1005 to do anything other than pump to City Park Pond. Even though the petition from the City said "solve the problem on Lake Jane", the public hearing addressed and finally chose the option of pumping to City Park Pond. Therefore, VBWD has been advised by their attorney they do not have the option to do anything other than pump to City Park Pond. To pump to Eagle Point would require that the dam at the outlet of Eagle Point be raised quite a bit in order to store a significant amount of water and also meet the dam safety requirements that could come into play. Along with that would be permission from Washington County to store a large amount of water in Eagle Point. A side optioy}/ would be that the City need not address the issue of Eagle Point if we`� could develop a storage site in West Lakeland Township. VBWD at this point is without a contingency plan. At VBWD's last meeting a motion was defeated to request that the City of Lake Elmo give their permission for using a diesel pump into City Park Pond if the need arose. Murray asked for the City's feelings about pumping additional water into City Park Pond if we came to a crisis situation. Consensus of the Council was that the crisis would have to be very extreme before they could go along with this proposal. Morgan suggested that VBWD proceed with the contingency plans, even if it does take sixty days for the public hearings, etc., to have some other alternatives. He further stated that it may be appropriate to see if VBWD could start pumping water into the Richert's gravel pit and form a mound there, keeping the contaminants away from the homes that lie between the gravel pit and the landfill. The draw down system is effective and pumping out of Lake Jane is mounding water and pumping it on the other side of the landfill would also create a mound and help that situation. So you would have two advantages; one taking the pressure off the park and the other taking the pressure off the resident's wells. Murray stated in response to the City's suggestion that VBWD use part of their administrative funds to fund a project was more or less shut out by VBWD a month ago when they adopted a resolution to enter into LAKE ELMO CITY COUNCIL MINUTES 6-5-84 Page 5 an agreement with Mn/DOT to relocate a couple of the large drainage pipes down on I-94 so that VBWD water could enter the 1-94 drainage system if the Chapter 509 legislation is passed. 8. City Council Reports A. Parking on Lake Elmo Avenue Fraser stated it has been brought to her attention that there has been some problems, (particularly at noon and Tuesday and Thrusday evenings when the library is open) in that it is hard for people to go into the post office on a quick errand or into the library briefly when there are a lot of cars. Could the staff look at that situation and see if some overall parking concept could be brought before the Council so that everyone would be served in the best way. Carol Kuettner, Planning Commission member, responded that the Planning Commission has addressed this issue and their feelings were that it really isn't important enough to bother with. The City staff will look into this problem and bring their findings back to a future Council meeting. 9. Administrator's Report A. Parks Commission Work Plan for 1984 Fraser suggested that it is obvious that the Parks are being used a great deal by non-residents. If we don't wish to attract outsiders, what steps can be taken so that it doesn't continue to increase. The help the Parks Commission received from outside ski clubs in preparing the trails is on one hand good and desirable, but does that encourage a lot of outside use and what is the tradeoff there? Fraser would like to see this topic discussed sometime within the next few months by the Parks Commission. Morgan stated that Lake Elmo has been granted about $200,000 in LAWCON money over the past few years and we took that money knowing the public exposure that we would have. M/S/P Morgan/Mazzara - To accept the Parks Commission 1984 Work Plan as presented. (Motion carried 5-0) B. CETA Office Position M/S/P Fraser/Mazzara - To accept the County sponsored CETA workers to perform duties for the City office and maintenance department. (Motion carried 5-0) C. Volunteer Policy M/S/P Mazzara/Fraser - To adopt the proposed "Volunteer Procedure For Equipment Use" (as amended) and the form for "Volunteer Use Of Equipment In Lake Elmo Parks". (Motion carried 5-0) D. Planning Commission Recommendations 1. Access to streets LAKE ELMO CITY COUNCIL MINUTES 6-5-84 Page 6 M/S/P Fraser/Dunn - To instruct the City Administrator and City Engineer to review the feasibility of a code amendment (Section 401.380F) relating to limiting access onto major streets (as recommended by the Planning Commission). (Motion carried 5-0) Eder stated that he would like to see a long range policy indicating that this is what the City wants to do; and that this be developed around a good thought process to identify the reasoning and rational of this code amendment. 2. 201 Open House M/S/P Morgan/Fraser - To instruct the City Engineer and City Administrator to proceed with the "open house" or "informational meeting" for the residents participating in the 201 Program (as recommended by the Planning Commission). (Motion carried 5-0) 3. Pumpers reporting to City M/S/P Eder/Mazzara - To instruct the City Staff to implement a mandatory requirement whereby the City is notified when an individual septic tank is pumped and that this information be supplied by either the resident or pumper (as recommended by the Planning Commission). (Motion carried 3-2 <Dunn, Morgan>) Dunn does not feel that this would be beneficial to the City. If a person does not maintain their own septic system, they are only hurting themselves. Does not see where the health or welfare of residents is affected by a person neglecting their own system. Morgan feels this proposal is an invasion of privacy. E. Request for Barricade at 31st St. and Stillwater Blvd. Mr. Bill Hughes, 9038 31st Street North has requested a barricade be constructed across the area at 31st Street and Stillwater Boulevard. A median was created by the upgrading of CSAH 6 and 31st Street and it is presently being used as a short-cut by cars, trucks, and three-wheelers to get to and from Stillwater Boulevard to 31st Street and vice -versa. Mr. Hughes has requested that a post and cable type barricade be constructed across this triangular median area to force the traffic to use the roadway rather than the created short-cut. Mr. Hughes discussed this with the Maintenance Foreman and they agreed to try a sign and wooden barricade type set up. The sign would be similar to those used on'the freeways indicating "no crossing" or "no turning". The barricade would be a post and rail barrier with reflectors. M/S/P Morgan/Fraser - To authorize the staff to barricade the non -road section of 31st Street and Stillwater Boulevard intersection with signs and posts (as recommended by Maintenance Foreman). (Motion carried 5-0) The meeting adjourned at 9:50 p.m. Resolution 84-36 1983 City Audit 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. AGENDA LAKE ELMO CITY COUNCIL JUNE 5, 1984 7:00 P.M. Meeting Convenes 1. Agenda 2. Minutes: May 1, 1984 and May 15, 1984 3. Claims 7:10 p.m. 4. Public Inquiries: A. William P. Snoke - To discuss local ambulance service. B. Other 7:20 p.m. 5. Presentation of Resolution 84-34 by Mayor Eder to the Lake Elmo Volunteer Fire Department and Mike Pott 7:25 p.m. 6. 1983 City Audit Presentation by Rob Tautges of Voto, Reardon, Tautges, & Co., Ltd. 8:00 p.m. 7. Engineer's Report A. Public Hearing for Bruce Beutal's application for a side yard setback variance for the construction of an addition to the existing garage at 3590 Laverne Avenue North. ---- BREAK ------------------------------ B. MSA Update C. Jane Road North bids D. Shoreland permit and variances for David Alford at 8080 Hill Trail No. 8:40 p.m. E. Dick Murray - Update regarding the water levels on Lake Jane F. Other 8. City Council Reports 9. Administrator's Report A. Park Commission Work Plan for 1984 B. CETA office position C. Volunteer policy D. Planning Commission recommendations on: 1. Access to streets 2. 201 Open House 3. Pumpers to report to City . wa R. K p4 p. N. 'Ph V. N. !Ph ST. N. 3mk $1. N. Boo V. N. THE LOCATION OF THE FOLLOWING 6-5-84 CITY COUNCIL AGENDA ITEMS ARE SHOWN BELOW: 7A, 7B, 7C, 7D AND 7E i I p -- 5 IOIIM 00 1� - - 7. -Z-. .-...- -,-. 00 CITY of LAKE ELMO wr CLAIMS TO BE APPROVED AT JUNE 5, 19.84 LAKE ELMO COUNCIL MEETING 84902 Postmaster $ 84903 State Bank.of Lak.e Elmo - May Federal WH 84904 Commissioner of Revenue - May State WH 84905 Minn.. Benefit Assn. -JUne insurance 84906 Allied Group Insurance Trust - June disability & life 84907 LMCIT Insurance Trust - June Hosp. 84910 Lake Elmo Associates Ltd. - June rent 84911 Patrick.Klaers - June Expense $ 100.00 Mileage to Managers Conference $ 62.00 84912 James McNamara - May mileage 84913 Denco & Assoc..- Vegetation killer - parks 84914 Wallace & Tiernan - Water Dept. maintenance service 84915 Communications Specialists Fire Dept., radio service 84916 Mid -Central Fire Inc. - Fire Dept. Bunker pants 84917 Bambi Resort - Fire Dept. - Chief"s conference 84918 Fire Instructors Assn. of MN - Code Book 84919 Fran Pott - Uniform•Fire Code $ 32.75 Lost Wage Comp, for Friday, Attending State Fire School 49.50 Mileage, Fire School 114 miles 22.'80 84920 Michael Pott - Lost Wage Comp. for attending Fire School 84921 Stephen Buege 11 It if 11" 84922 James Sachs Lost Wage & Mileage 84923 Richard Sachs Lost Wage 84924 Junker Sanitation 84925 IBM Typewriter maintenance agreements 84926 Chapin Publishing Co. - Bid publications 1984_ Street Imp. 84927 Pitney Bowes - postage meter 84928 Walter S. Booth - Office Forms 84929 American Typewriter - office supplies 84930 Washington County Planning Dept. preparation of zoning map 84931 Mary Meyer 5/22/84 newsletter 84932 Voto, Reardon, Tautges & Co. - 1983 Audit 84933 Gerald -Dahlberg - May animal control officer 84934 Oakwood Animal Hospital 84935 Lawson, Raleigh & Marshall - General $ 395.00 84936 The Village Treadle - 84937 AT & T 84938 Northwestern Bell 84939 Northern States Power 84940 Vern''s GTC Auto Parts 84941 T. A. Schifsky & Sons 84942 Allied Blacktop Co. - Prosecutions 1,376.80 M.S.A. 14.00 Fire Dept. Blanket cleaning -.Maint. Dept. - MC mix street sweeping 849.43 thru84955 - June 8th payroll 200.00 1,756.30 920.00 52.00 69.69 1,137.90 1,689.00 162.00 248.84 61.67 474.00 39.80 115.00 116.00 12.00 105.05 49.50 49.50 72.30 49.50 42.00 174.00 118.44 51.00 14.62 69.36 360.50 200.00 7,924.00 396.00 376.00 1,785.80 28.10 52.90 308.70 1,195.81 18.01 88.22 21474.50 6,100.00 $ 29,158.01 Rk:Q U EST F 0 IR IL ACTION Engiaaeer.'s Department: of Health INFORMATION -'1-84 MEETING DATE 7--1211 bRTCINA'C'ING n� OVED�� I& 6E LIST: AGENDA: Admirai_s L-xra�Yin 13 r1 s✓ In mid —May, I sent; the CitgNpouncil some rec4menda.tions from the Department of Health re— di.g the water sup.ly system. There was some interest on the Dart; of , ce Council to .iscuss these recommendations and, therefore, this item is on this 7--3--84 agenda. Attached is the cover letter and, three recom endations from the Department of Health„ City Engineer, Tarry 13ohrer, will e able to r. .seaaA s these items at the City Council meeting. I underotand that t.ere has been previous studies and discussions on the core ept of a sce;nd well. Before the 7°° -aBtl meeting, 1 will attempt to esearckz the i 7.es to gain a better understanding of the 1982 di.sc.us ..ons on a secondkell. Regarding the second recommen Won about; chlori.nati n I understand g that this is very common p a.etice. Lake Elmo can c tai.nly add this to the system, but some co';s will be invol.v d. 1 I don't believe the thlilyd recommendation Is relevant. L;.Ice Elmo currently does and w:° 1 continue to adequately train and school our water department st,ff. INFORMATIONAL MATERIAL FOR JUNE 5 COUNCIL MEETING PAGE 3 10" Attached for your information are 10 fgEMI that the City staff has developed through a series of staff meetings" The staff has met numerous times to discuss the procedure for reviewing applications" The result of these discussions has been the drafting of these attached forms" Each application we receive will have a related form attached to the file and we will follow the stages as shown" The staff now has a very clear idea as to the process each applicant must follow, but has found some of these processes to be redundant and/or confusing" For example, when an application for a rezoning or a large lot subdivision needs a variance, then the applicant must have a public hearing before the Planning Commission for the request and then an additional public hearing before the City Council for the variance that is required with each request" Eventually we hope to make recommendations that will simplify the process for reviewing applications. 11" Attached is a letter from Mr" Lammers regarding the CgllygEd ngtmatill lm owit^ The City Engineer concurs with Mr. Lammers; and, I also feel it is appropriate to simply let "sleeping dogs lie". 12" The last time Jack Perkovich was before the Council to discuss the Rggigogl pgEk comments were made regarding controlling then number of boats on Lake Elmo. Jack has talked to me about this issue and has indicated that total control of vehicles is the responsibility of the DNR. It is very difficult to control, as many residents around the lake also have boats on the lake, therefore, not all of the boats that will be on the lake will be coming from the Regional Park public access. If this issue needs further discussion, Jack indicated that he would be happy to discuss this with the Council. If this is an area of concern, please let me know and I will make arrangements with Jack to attend a meeting or obtain information from him to present to the Council"