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HomeMy WebLinkAbout04-16-85 CCMLAKE ELMO CITY COUNCIL MINUTES APRIL 16, 1985 Prior to calling the meeting,to order, Mayor 14opgan signed Loyalty Day and Poppy Day Proclamations and noted that a pot luck Loyalty Day dinner will be held on Wednesday, May 1, 1985 at the Lake Elmo VFW. Mayor Morgan called the meeting to order at 7:07 p.m, in the council chambers. Present: Armstrong, Christ, Dunn, Mazzara, City Administrator Klaers, City Engineer Bohrer 1. Agenda M/S/P Morgan/Dunn - To approve the agenda for the April 16, 1985 City Council meeting as amended. Add: 7D1 - Landfill and Water meeting; 7D2 - Letter from Harvey and Viola Brown; 7D3 - Request from Section 32 Property Owners; 8B1 - Resolutions of Appreciation; 8B2 - Letter from County Commissioner, Artie Schaefer regarding Regional Park Proposed Ordinance; 8B3.- Hiring of Administrative Secretary; 9E1 - DNR Lake Rules; 9E2 - Citizens Request to Work in DeMontreville Park. (Motion carried 5-0) 2. Minutes: April 2, 1985 and April 3, 1985 M/S/P Armstrong/Mazzara - To approve the minutes of the April 2, 1985 City Council meeting as amended (Page 8,regarding Ordinance 7969) (Motion carried 4-0-1 <Dunn>) M/S/P Christ/Morgan - To approve the minutes of the April 3, 1985 City Council meeting as written. (Motion carried 4-0-1 <Dunn>) 3. Claims M/S/P Christ/Mazzara - To approve claims'86006 thru 86039 as presented. (Motion carried 5-0) 4. Interview with Dan Novak, 8520 Irowwood Trail for Planning Commission's second alternate vacancy. Mr. Novak stated he has lived in Lake Elmo for five years and has strong feelings about keeping the rural atmosphere in Lake Elmo. He further stated that he has no experience with the function of a Planning Commission but is willing to learn. As a result of his appreciation for Lake Elmo's rural atmosphere, he would bring to the Commission a committment to preserve it. He considers himself to be enthusiastic, analytical, prudent and has the confidence to stand up for what he believes in. M/S/P Dunn/Armstrong - To appoint Dan Novak as the second alternate to the Lake Elmo Planning Commission. (Motion carried 5-0) 5. Civil City Attorney interview with Frederic Knaak and Kathleen Rauenhorst of Rauenhorst and Carlson. LAKE ELMO CITY COUNCIL MINUTES 4-16-85 PAGE 2 The Council reviewed the revised Attorney Retainer Agreement dated April 11, 1985. The questions raised by the Council pertained to "Termination" in the contract. The contract called for a ninety day written notice by either party upon termination of the contract. Mr. Knaak and Mrs. Rauenhorst stated that this could be shortened to thirty days. M/S/P Armstrong/Dunn - To accept the lawfirm of Rauenhorst & Carlson, 3585 North Lexington Avenue, Arden Hills, MN as the City of Lake Elmo's Civil City Attorney with Frederic Knaak having the principal responsibility for the City and assisted, as necessary, by Kathleen Rauenhorst . (Motion carried 5-0) 6. Planning Commission Report A. Public Hearing for application for simple lot subdivision and zoning code variance. Applicant: Bill Eder M/S/P Morgan/Christ - To table this application until the May 7, 1985 City Council meeting, or until such time as the Planning Commission has the information they need to study the application and make a recommendation to the City Council. (Motion carried 5-0) B. Application to rezone 80 acres from RR to AG. Applicant: Lowell Rieks, 4564 Kimbro Ave. N. The Planning commission held a public hearing on this application at its April 8, 1985 meeting and no residents were present to speak in favor of or in opposition to this proposal. The intent of the rezoning is to allow Mr. Rieks to construct a pole barn to house some farming related items; ie: equipment and livestock. The land is presently being used in an Agricultural nature. No variances are required with this rezoning. The City Engineer pointed out that eventually, this property will lie along a MSA route that will receive a street improvement from its current gravel to a bituminous surface sometime in the mid to late 1990's. These improvements are assessed. on a buildable lot basis, and by rezoning this land to AG, there will be a few less lots that will be assessable in this area. This will be a benefit to Mr. Rieks when these improvements take place. M/S/P Dunn/Mazzara - to adopt Ordinance 7970 amending the Lake Elmo City Code, Section 301.070 C.l. "Zoning District Map" for the rezoning of 80 acres from RR to Ag for Lowel Rieks on his property in Section 11 Parcels 2300, 2500, and 2502 as recommended by the Planning Commission. (Motion carried 5-0) C. Public Hearing for Conditional Use Permit for sign in General Business Zone and variances from the sign code. Applicant: Jamie Olson, 2937 Hudson Road, St. Paul LAKE ELMO CITY COUNCIL MINUTES 4-16-85 PAGE 3 Pursuant to published notice, this public hearing was opened at 8:05 in the city council chambers. The Planning Commission held a public hearing on this application at its April 8, 1985 meeting. One property owner, a representative of the Vali-Hi Drive In, was present to voice opposition to this proposal. The opposition was based on the premise that the sign would distract from the Vali-Hi Drive In sign that will be reconstructed once the I-94 Project is completed. Signs are allowed in the Commercial District by CUP. Signs are governed by City Code Section 505. The Code indicates that advertising signs in Commercial and Industrial Districts shall not exceed 200 square feet in area. The height of the display shall not exceed 35 feet. The Code further states that advertising signs shall not be located closer than 3000 feet to any other sign on the same side of the street or highway. The variances are requested because the applicant cannot meet these requirements. The sign being proposed is 672 square feet (14 x 480 per side). This sign is proposed to be a two-sided sign with 672 sq. fee an each side and would be within 3000 feet of the drive in sign. The Planning Commission could not find any hardship with this application and voted to recommend denial of the CUP application and sign code variances. Jamie Olson and a representative of Sign Crafters, Jack Lawrence, gave a presentation of the proposed. sign. The site of the proposed sign is 395 feet long and 111 feet wide (slightly more than an acre). Mr. Lawrence stated that the sign could be opened up so that the lights did not offend or bother those at the drive in. The lights could also be adjusted'with lens covers and shrubery could be placed in the back along with other berming to eliminate this potential problem. Mr. Lawrence further pointed out that Washington County has a 500 foot separation between signs. It was pointed out that the site was useable and buildable until Mn/DOT took some of the land for the I-94 construction, and there is not much more that can be done with this remnant of land as it is not large enough to put a building on until such time as the area is serviced by sewer. Jamie Olson pointed out that the sign is not as permanent as a building. It is a good interim use for a piece of property while an area is developing into a freeway business. The sign, at some time, could be moved. Harold Sheff, representing the owners of the Vali-Hi Drive In stated that the portion of land that was taken for the construction of I-94 had the drive in sign on it, and this sign was demolished. He is now in the process of deciding how big the new sign has to be. There was a trial last week with the Highway Department on damages that had to be paid for taking the sign; the easements, etc; :At that trial, everybody agreed that the new sign would have to be much larger than LAKE ELMO CITY COUNCIL MINUTES 4-16-85 PAGE 4 the old one and much higher. That is because the new highway is going to be further away from the sign, and lower than the old highway. He feels that the new sign for Vali-Hi is not going to be that different from what a billboard would be in terms of size and the things that it has to do. Their three major concerns are the potential problem with the lights, the possibility that this sign will obscure the sign from the drive in and that this proposed sign would detract from the drive in sign. There were no other property owners present to offer comments for or against this proposal and the public hearing was closed at 8:35 p.m. Morgan stated that the City Code clearly states that this proposal is too large, and that there is not enough distance between signs. The reason that you grant variances is because of hardships; and in this case there is no other obvious use of the land at this time. Therefore, the options of the Council are to deny the request based on the existing City Code, grant the variances, or table the application until the Planning Commission minutes are available. Dunn/Armstrong - To deny the request by Jamie Olson for a CUP and zoning code variances for the construction of a billboard sign as the proposal does not conform to the existing City Code. (Motion carried 5-0) Dunn stated that a sign like this would overwhelm an existing business and detract from any sign that the Vali-Hi would construct. The City Administrator pointed out that the "Sign" section of the City Code was added to the Planning Commission's Work plan and will be discussed in the not too distant future. D. Request to use Planning Consultant, Rob Chelseth, for assistance with the accessory structure code amendments. The Administrator stated that a number of issues surfaced during the Planning Commission's discussion on accessorystructures, and in corresponding to the County's example in controlling accessory structures. The Administrator believes that the Consultant's input would be valuable and would help move these proposed code modifications ahead in a more timely fashion. He estimates that the Planner would probably not be needed at any of the meetings, but the Commission would need his input in the form of reports, and estimated that this work could probably be done in approximately eight hours. He further indicated that there is approximately $22,000 in the Planning Commission's Reserve Fund. ***See note below M/S/P Mazzara/Dunn - To authorize the use of the City Planner, Rob ChelsethI for help with the accessory structure modifications. (Motion carried 5-0) 7. City Engineer's Report Larry Bohrer introduced Mr. Duane Prew, President of TKDA who attended this meeting as an observer. . It was noted at the 5-7-85 meeting that there is actually $4700 in the Planning Commission's Reserve Fund - not $22,000 LAKE ELMO CITY COUNCIL MINUTES 4-16-85 A. Step 3 Engineering Agreement for 201 Program PAGE 5 1 The Engineer provided a status report on the 201 Project. The Engineer reported that the MPCA Review Engineer assigned to the Lake Elmo project stated that the plan review is still one to two weeks away from being complete. At this point, the Engineer expressed his concern about a timely start of this project in the summer. He now feels that August would be the earliest possible starting time of this project. The Engineer recommended, however, that the City should still proceed with the things it must do to keep the project moving. The next item would be to review the engineering agreement for Step 3 services. Step 3 includes land acquisition, bidding, construction inspection and after construction performance and maintenance procedures. The Engineer explained that the proposed contract is in the same form as the Steps 1 and 2 contracts; that is a "cost reimbursement plus fixed fee". With this method, the work tasks are itemized and an estimate of the number of hours of personnel time it will take to accomplish the task. If it takes less effort to complete a task than anticipated, the City only pays for the work performed. The MPCA requires that an unexecuted copy of the engineering agreement be submitted for their review and approval prior to the City and the Consultant signing the document. The Engineer then reviewed the proposed agreement and supplemental data and asked that he be allowed to forward a copy to the MPCA to begin their review process. M/S/P Morgan/Armstrong - To instruct the Engineer to forward a copy of the engineering agreement to the MPCA to begin the review process, with the condition that any possible revisions to the agreement will be discussed at the next City Council meeting. (Motion carried 5-0) B. Update on Surface Water Problems Mr. Banks, a resident that lives on Deer Pond, pointed out that someone slashed and removed the sandbags on the weir coming into the Pond. He would like to see some better security in the interim period until the lake levels can be reduced as Deer Pond cannot accept a lot of water. Scotty Lyall suggested (and the Council agreed) that a sign be placed at the site of the weir noting that it is a criminal act to tamper with or remove the sandbags. The staff will check into the legality of placing such a sign. The City Engineer pointed out the problem at the 32nd Street Pond. This pond has been coming up for the past year, or more. Presently, a portion of the end of the blacktop is covered with water, and there is a barricade at the end of the street that is out into the water. Another concern is that a resident, Edna Ruppert, 11279 32nd Street cannot use her driveway because the pond has now encroached and covered part of her driveway (about 1/2 foot of water). The Engineer stated that a few loads of clean, crushed aggregate would provide a driveway access from the street right-of-way into the Ruppert proerty. This could be done for approximately $150. Another LAKE ELMO CITY COUNCIL MINUTES 4-16-85 PAGE 6 possibility is that the Reid Park Pond is about one foot lower than the 32nd Street Pond, and the area between the two is about thirty foot wide. So it is possible to remove about one foot of water off of the 32nd Street Pond. It is more expensive as we would have to either cut a culvert or pump the water thru the ridge, and some of the gravel trails that were constructed around the Reid Park Pond a couple of years ago would be underwater, and there is some investment there. M/S/P Morgan/Dunn - To bring in crushed rock to make sure that the fire hydrant on 32nd Street remains accessable to the fire department. (Motion carried 5-0) Morgan suggested that if a gravity hose could reduce the 32nd Street Pond without killing any significant trees around the Reid Park Pond, this too would be appropriate. The City Engineer will look at this possibility. Regarding the Beutel Pond situation, the Engineer stated that in 1980, the City constructed a valved outlet from Beutel Pond. This construction was mainly for the immediate benefit of the Jamaca Court residents. When the City received the DNR permit to construct the outlet, one of the conditions was that to release water from Beutel Pond the requirement would be that we would be able to store it on Eagle Point. The present condition of Eagle Point is that it is overflowing over the sandbagged weir, it is about three inches over the maximum safe level for the dyke, and at this time he recommended that the City not permit a release from Beutel Pond. The situation of Beutel.Pond is that it is approximately 2-1/4 feet above its outlet, but it has not yet reached the level at which we initiated pumping a number of years ago before the outlet was constructed. Regarding Legion Pond, the Engineer reported that this pond continues to increase in elevation and that some neighbors have contacted a contractor to have an earthen dike constructed to protect their walkout levels. C. 1985,MSA Update The Engineer displayed a map of the proposed 1985 MSA construction. program which is Lower 33rd Street from Lake Elmo Avenue to Klondike Avenue. The City Council has previously ordered a feasibility study to be prepared on this road. During the topography survey phase, it was determined that the existing right-of-way is 33' wide. The MSA standard for right-of-way is 60' minimum. To acquire the addiional 27' of additional right-of-way would involve the taking of two buildings and the severe reduction in the setback of a third building. The Engineer explained that the planned roadway section forMis street is 28, wide from curb to curb with no parking on either side of the street allowed. There is a variance procedure for requesting deviations from State Aid standards. The Engineer recommended that the necessary process be started to request a variance from the right-of-way with standards. The alternative would be to simply abandon the State Aid project which would mean that Lower 33rd Street would have to be reconstructed with all -local funda. - _ LAKE ELMO CITY COUNCIL MINUTES 4-16-85 PAGE 7 M/S/P Morgan/Mazzara - To instruct the Engineer to begin the work necessary to apply for this variance. (Motion carried 5-0) The Engineer also reported on the status of the request to add 36th Street and Layton Avenue to the MSA system. This request was denied by the District's State Aid Engineer due to the fact that there would be three State Aid roads parallel and adjacent to one another. This would be CSAH 17, Laverne Avenue, which is already a Municipal State Aid street, and Layton Avenue. The Engineer then recommended that the City's second choice, which is Kimbro Avenue and 43rd Street be designated as MSA as soon as available mileage accumulates to the 0.87 miles required. In the case that the variance request for Lower 33rd Street is turned down, it was recommended that MSA designation be removed from Lower 33rd Street and used elsewhere in the City. D. Other 1. Landfill and Water Meeting The Engineer reported that each Council Member should have received a notice of the joint meeting between the Ramsey and Washington County Boards and the City of Lake Elmo to be held April 22 at 1:30 p.m. in the Washington County Human Services building to discuss the water supply alternatives. The Administrator and the Engineer will be attending on behalf of the City and it was suggested that as many Council Members as possible be present to show support for these vital issues. The Engineer asked the City Council in the draft letter that was mailed out individually to the Council Members outlining the six points in which the City and the Counties still do not agree, if there were any that the Council feels more strongly about than others. The consensus of the Council was that each of the six points should be insisted upon and not negotiable. 2. Letter from Harvey and Viola Brown The Council acknowledged a letter from Harvey and Viola Brown, 4346 Jackpine Trail N. which states "In view of the emergency high water situation that exists in this area, we are requesting you to petition the VBWD for immediate increased pumping of Lake Jane and temporary sandbagging (or water flow control) from the weir on Lake Olson". 3. Request from Section 32 Property Owners The Administrator reported that the Section 32 property owners are going to be meeting to discuss the possibility of sewer extensions into their area and they request the presence of the Administrator and the Engineer. The City Council granted the property owners request and the Mayor will attempt to attend that meeting also on behalf of the City Council. 8. City Council Reports A. Sunfish Lake petition to VBWD - preliminary fund estimate. The Council briefly reviewed the letter from Dick Murray of VBWD dated LAKE ELMO CITY COUNCIL MINUTES 4-16-85 PAGE 8 April 2, 1985 in which it is stated that the total estimated preliminary cost for this project is $15,120. The decision before the Council is to risk this $15,120 in preliminary costs to proceed with the petition, to ask VBWD to reconsider the petition as it was presented with a $5000 preliminary fund, or to withdraw the petition. Morgan stated that he does not feel that the additional study (and cost) will give VBWD any more confidence in ordering the project. M/S/P Armstrong/Christ - To withdraw the petition to VBWD to pump excess water from Sunfish Lake to land owned by the City to the area south of City Park Pond. (Motion carried 4-1 <Morgan>) Armstrong stated that after meeting with VBWD, it seems like unless the City gives them the $15,120, they do not feel confident to go ahead with the project. VBWD wants some assurance that it is going to work, and if we can't give them that assurance for $5000, we should withdraw the petition. Dunn stated that Mr. Beaubien hired study, and wonders why VBWD cannot gathered from this study. a hydrologist to do an underground or will not use the information Morgan stated he does not believe that VBWD is interested in anyone elses study, and are more concerned about the legal aspect of it than solving the problem. Christ stated that after attending a VBWD meeting, he did not get any indication that the project would be ordered after the study was done. . He is convinced that the money the City would put up -front would be wasted. Morgan stated that our local Legislators are getting into the act, and they are trying to go thru the Legislature to move the 509 Project along faster - to get the departments that are doing the studies and that are issuing the permits (and who are delaying things) make it a law that this be moved to the top of their calendar and take action so that the 509 Project could be put into effect, to some extent, in 1984. B. Other 1. Resolutions of Appreciation Morgan/Mazzara - To adopt Resolutions 85-14 thru 85-19 offering the City's appreciation to Maynard Eder, Laura Fraser, Robert Dreher, Howard Michels, Vicki Gifford and Arlyn Christ. (Motion carried 5-0) 2. Letter from County Commissioner, Artie Schaefer The Council acknowledged a letter from County Commissioner Artie Schaefer dated April 16, 1985 regarding the Proposed Washington County Park Ordinance. Mr. Schaefer stated in this letter that he agreed with this proposed ordinance on the most part, but is concerned with the regulation dealing with the use of alcoholic beverages. LAKE ELMO CITY COUNCIL MINUTES 4-16-85 PAGE 9 It is Mr. Schaefer's belief that all types of alcoholic beverages should be prohibited from use in Washington County Parks and ( Recreation Areas, in particular the 2,200 acre Lake Elmo Regional Park Reserve. His reason for this is that when Washington County taxpayers are contributing many hundreds of thousands of dollars to the enforcement of drunk driving laws, to the treatment of alcoholic and chemical dependency programs, and to the prevention of further abuse in these areas, it would smack of hypocrisy for the elected officials to condone the use of alcoholic beverages in our parks, notwithstanding the fact that it is intoxicating or non -intoxicating. M/S/P Mazzara/Armstrong - That the City Administrator advise County Commissioner Artie Schaefer that the Lake Elmo City Council concurs with his concerns for prohibiting the use of intoxicating or non -intoxicating beverages in the Lake Elmo Regional Park Reserve. (Motion carried 5-0) 3. Hiring of Administrative Secretary Dunn stated that the personnel committee has been dissolved and the Council, as a committee of the whole, will be dealing with personnel. In this Secretary position, it wouldn't be necessary for the entire Council to interview the applicants, but would prefer to see several Council members involved in the interview process, and ultimately making a recommendation. He would like to see Rose Armstrong do this interviewing, based on the fact that she has done secretarial/office type work, and also Mayor Morgan as he is well seasoned in the area of interviewing and hiring employees. Mazzara stated that he feels this is something that should be handled by the Administrator, but has no problem with the Council members hiring for his position if they chose to do so. Morgan stated that the Administrator could do the screening and he and Rose could help with the final selection. The Administrator stated that the last time a secretary was hired, there was just one round of interviews. Morgan then suggested that he and Rose interview the canidate that the Administrator selects, prior to actually hiring her. Armstrong feels that the most important factor is that we speed the process up. 9. City Administrator's Report A. Board of Review Schedule The Board of Review is scheduled to take place in the City Council chambers on Thursday, May 16, 1985 from 2:30 p.m. to 7:30 p.m. As two Council members should be present at all times during this time, the following schedule was set: Bruce Dunn and Rose Armstrong -'2:30 to 5:00 LAKE ELMO CITY COUNCIL MINUTES 4-16-85 PAGE 10 Dave Morgan and Arlyn Christ - 5:00 to 7;30 Mike Mazzara - Floater B. Street Sweeping Quotes The City received four bids for this project. The bids were: Schifsky's $55 to $57 per hour; Clean Sweep $56 per hour; Junker $45 per hour; and Allied Blacktop $48 per hour. The Administrator pointed out that in 1984, Allied Blacktop received the bid and did an excellent job. It was estimated that the project would require 50 hours and was completed by Allied Blacktop in 47-1/2 hours. The equipment that they used is very good and they followed the time schedule to the Maintenance Foreman's satisfaction. M/S/P Christ/Armstrong - To accept the quote of $48 per hour from Allied Blacktop for the 1985 Lake Elmo Street Sweeping Program. (Motion carried 5-0) C. Review Maintenance Foreman applications It was the consensus of the Council to interview the five finalists for this position. These finalists are: Dan Olinger, David Bohmert, John Friedrich, Lawrence Cudo and John Stromenger. These interviews will be held at 5:30 p.m. on May 7, 1985, prior to the regular City Council meeting. They will be held in a "round robin" fashion, with each applicant spending approximately fifteen minutes with each Council member. D. 1985 Annual League of Cities Conference The Administrator advised the Council that the 1985 Annual League of Cities Conference will be held in St. Paul June 12th thru June 14th. The information presented at these conferences is very good, and an excellent opportunity to exchange information and points of view with peer groups. He asked for the Council's authorization to attend this conference and recomended that all Council members consider attending this conference. M/S/P Morgan/Mazzara - To authorize the City Administrator's attendance at the 1985 League of Minnesota Cities Annual Conference from June llth thru June 14th at a cost of $110. (Motion carried, 5-0) M/S/P Morgan/Dunn - To authorize payment for any City Council member that wishes to attend this conference. (Motion carried 5-0) E. Other 1. DNR - Lake Rules The Administrator advised the Council that ,the DNR removed the sign at the Lake Jane Public Access which listed our local lake rules. These signs were installed in 1981, and the DNR removed these signs because they had some problems with the wording and meaning of a number of those rules. The Administrator held a meeting with the DNR staff on LAKE ELMO CITY COUNCIL MINUTES 4-16-85 PAGE 11 Monday, April 15th to reach an agreement on what is allowed to be on our local lake rule signs, and what would be acceptable to the DNR. The DNR indicated that these rules must reflect the Surface Water ordinance regulation, and not relate to the acces itself. Morgan stated his concern with eliminating the rule "When this lot has 8 vehicles with boats, Lake is at capacity. No more launching or parking". It is a DNR standard of one boat per 20 acres of lake surface. Lake Jane has 160 acres, which means that you should only have 8 boats on that lake. Morgan feels that the parking lot should only be big enough to hold the number of boats that are permissible for acreage of lake. He further stated he has counted 22 parking spaces at Lake Jane, and feels that there should be a restriction as to the number of boats that are allowed on the lake through the accesses. M/S/P Morgan/Dunn - To allow the lake rules signs to be constructed which will indicate (1) No Littering; (2) No boats above slow/no wake speed: 6:00 p.m. until Noon; (3) Boats operating over 5 mph must travel counter clockwise; (4) Boat launching is restricted to public access. (Motion carried 5-0) M/S/P Morgan/Armstrong - That the parking lot at each public access have a sign posted indicating the restriction of the number of allowable vehicles and trailers. (Motion carried 5-0) 2. Citizens request to work in DeMontreville Park The Council acknowledged a letter from the Residents of DeMontreville Park Neighborhood dated March 30, 1985 regarding Park Access Improvement at DeMontreville Park. This letter petitions the lake Elmo Parks Commission to place top priority on opening up a walking path access from Lake DeMontreville into the DeMontreville Park. The residents further petitioned that they be allowed, as volunteers, to improve the access according to the direction of the maintenance foreman to do the following work: (1) Cut brush and small trees within a three foot radius of foot path; (2) Install wood steps where necessary for steep inclines; (3) Fill in small low areas for easy walking; (4) Install two log posts at entrance for limitation of motorized vehicles; (5) Install small bridge, if necessary, to traverse creek or water bed. The Administrator advised the Council that a couple of Parks Commission members would work with this group, and indicated that one maintenance crew member would work with this group the first time out so that he is familiar with what they are doing, and can offer his thoughts and ideas. M/S/P Christ/Morgan - To support the Park Access Improvements for DeMontreville Park as outlined in letter of March 30, 1985, as recommended by the Parks Commission. (Motion carried 5-0) M/S/P Dunn/Armstrong - To adjourn the meeting (9:45 p.m.) (Motion carried 5-0) LAKE ELMO CITY COUNCIL MINUTES 4-16-85 PAGE 12 R85-14 Appreciation to Maynard Eder R85-15 Appreciation to Laura Fraser R85-i6 "' Appreciation to Robert Dreher R85-17 Appreciation to Howard Michels R85-18 Appreciation to Vicki Gifford R85-19 Appreciation to Arlyn Christ Ordinance 7970 Lowell Rieks Rezoning 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 APRIL 16, 1985 7:00 p.m. Meetings Convenes 1. Agenda 2. Minutes April 2, 1985 and April 3, 1985 3. Claims 4. Planning Commission inteYView with Dan Novak, 8520 Inwood Trail, for 2nd alternate position. 5. Civil City Attorney applicants, Frederic Knaak and Kathleen Rauenhorst from the law firm of Rauenhorst and Carlson to present their civil legal services agreement proposal. 6. Planning Commission Report A. Public Hearing for application by Bill Eder requesting a simple lot subdivision and zoning code variance, south of RR tracks and east of Lake Elmo Avenue (tabled). B. Lowell Rieks application for rezoning an 80 acre parcel from RR to AG, south of 47th St. and on both the east and west sides of Kimbro Ave. 8:00 P.M. C. Public Hearing for Conditional Use Permit CUP or sign in the General Business zone and variances from the sign code along I-94 east of the Vali-Hi Drive In: Application by Jamie Olson. D. Request to use Planning Consultant, Rob Chelseth, for assistance with the accessory structure code provisions. -----------------------BREAK------ 7. City Engineer's Report A. Step 3 Engineering Agreement for the 201 Septic System Improvement Program. B. Update on Surface Water Problems: 1. 32nd Street 2. Beutel's Pond outlet and Eagle Point Lake dam. 3. Other C. 1985 MSA Update D. Other 8. City Council Reports A. Sunfish Lake petition to VBWD for the pumping of water to park property: preliminary fund estimate. B. Other 9. City Administrator's Report A. Board of Review schedule to have two council members present at all times from 2:30 p.m. to 7:30 p.m. on Thursday, May 16, 1985. B. Street Sweeping Quotes C. Review Maintenance Foreman applications and establish selection process/time frame. D. 1985 Annual League of Cities Conference in St. Paul June 12th - 14th. E. Other \ � April It, 1985 / / � TO: Lake Elmo City Council FR: Patrick D. Klaers, City Adminsitrator RE: Informational Material for the April 16, 1985 Meeting i" Attached for your information is the most recent City NpVnlottor dated April 9, 1985. This newsletter issues highlights an article on the Council denying the Springborn CUP amendment for their proposed water slide" 2. Wish to acknowledge that a "slow no wake" has been placed on Lake Jane as this lake is above flood level 924" This action is authorized by Ordinance 7964 which is attached and was adopted in 1984" The Washington County Sheriff's Department has been notified of this boating restriction. This item is appropriate to be included in the next newsletter issue and it would be worthwhile if the Washington County Review included a paragraph or two on this topic in its next article on the Lake Elmo City Council meeting. 3" Attached for your information is the ~C��0g�t~f�g�� This report indicaths a typical number of miles driven and citiations issued by the deputies that ( ` patrol the area. 4. Wish to acknowledge that the staff has advertised for the in three of the local newspapers" The applications will be accepted until Friday, April 19" The last time an administrative secretary was hired the City Council elected not to become involved and had the staff make a recommendation to the Council which was accepted" The staff desires to proceed on the same basim We would like to review the most qualified applicants in later April, discuss and negotiate terms with the candidate of our choice and make a recommendation to the City Council as soon as possible, hopefully by the May 7, 1985 meeting" 5" Attached for your information are two articles from the March and April League of Minnesota Cities Magazines relating to the Wgrth,Qw , With the City staff being in transition, it is difficult to file accurate job descriptions of what each employee is accomplishing in their positions" The accurate job descriptions is the first step in complying with this comparable worth law and we will keep you up —dated as the City moves forward in its efforts to comply with this law. You should note that there is movement at the State level to try and get the October /86 1985 requirement to October, 1986, to allow cities and counties more time to comply with the evaluation process that is required by the law" 6" The g��[li[lg�gf_fi�hi�g is May 18, 1985^ In the past, we have had extra deputies on duty to patrol the boating activities on our local lakes. Last year the Demontreville public access was opened just prior to the opening fishing; and, the deputies reported that there was a very minimal amount of problems in comparison to the past. We anticipate the Tnfomatjonal Memo for April 16 Meeting Page 2 ` same situation this year and do not feel that extra deputies are needed to / patrol the area during the opening of fishing weekend" If the Council concurs, then no action is necessary" However, if the Council does desire additional deputies on duty during the opening of fishing they should feel free to add this item to the Council agenda. 7" Attached for your information is a letter from the DNR to VBWD member Mr" Moosbrugger and Mr" Moosbrugger's response to the DNR" These letters relate to the E�gl��_pgj_[lt~D��� and a potential grant to put up a more permanent structure to control the flow of water" This was discussed in 1994 and VBWD is the lead agency for the County`s grant application" This dam is in the Regional Park and the County would he the controlling agency if a grant for a permanent structure were installed" This is a very important area to the City of Lake Elmo as the make —shift dam that was built a number of years ago is not in the best of condition and the City currently is making visual inspections and repairs as needed on this structure on almost a daily basis. If this dam were to be removed or be destroyed, the amount of water and damage downstream would be significant" G. Nish to acknowledge that I will be meeting with DNR staff member Del Barber regarding the ���k�_��l����ig�� that need to be installed at the Lake Demon+reville and Lake Jane public accesses. You may recall that late last year that these signs were removed as some of the wording on the signs was confusing" I hope to reach an agreement with Mr. Barber as to the appropriate wording on these signs and have them installed by mid May, 1985" 9^ Wish to acknowledge the 1qB5 " As such, there may be Park Commission items that need to be added to the April 16, 1985 Council agenda" 10^ Since Maintenance Forman Dave Wisdorf has left the city there have been no monthly reports for the maintenance department" I wish to acknowledge that the crew is making its typical transition from winter activities to spring and summer activities" They are working on putting the equipment in good running order and organizing the city shop" Some minimal street repair has been done to fill in some of the potholes" This is a temporary situation until the bituminous mix is available to -allow us to complete a more permanent pothole repair program" Additionally, the tennis court nets have been installed and the hockey boards have been removed" ll" The last blast of winter that took place on Sunday, March 31, produced about 15 inches of snow which makes March, 1985, the third in Minnesota. For 1985 we received over 72 inches of snow and was ranked as the 10th snowiest winter on record" Until the winter of 1981/82, only one winter season on record had as much as 95 inches of snow" Since this 1981/82 winter, Minnesota has gygEgggd at least 85 inches of snow" 12^ Attached for your information is an article on There are programs on a more limited scale available in the Washington County area and many cities offer these services to the employee. I will provide you with more information on these programs as budget time approaches. Infomational Memo for April 16 Meeting Page 3 13^ Attached for your information are the results of the IGO_FiCE / .Tev���tig[l inspection. This report indicates very little change in the � past, although, our rating was upgraded from 7 to 6^ This does not affect insurance payments by area residents or businesses as all cities grouped in the 3 to 7 catagories receive the same insurance rates" 14" Attached is an article on the ggpply issue from the April 11, 1985 Minneapolis Tribune. Ramsey County sent the Tribune a resolution, that they approved, relating to the municipal drinking water supply proposal" It seems that the Tribune has just learned that the eastern part of the metropolitan area is experiencing some contaminated ground water problems relating to landfills" I had numerous conversations with the reporter that drafted this article and referred them to the county for additional information. 15" Attached is a letter from Washington County relating to Uggygling efforts in the south Washington County area. It is appropriate that this letter was carbon copied to Nancy Prince" Even though Nancy is not the Planning Commission Chair any longer, she has expressed interest in the recycllng program and was designated by the Planning Commission as the lead individual to explore recycling opportunites in and around Lake Elmo" 16. Attached are three sets of yBWD minutes. The Council may want to review these minutes as the issues that were discussed at these February meetings relate directly to Lake Elmo and the 509 Plan. 17" Attached is a copy of the personal profile that the Washington ( ` County Review did on Kgg~CgEEgll from our Maintenance Department. The article highlights Ken`s work and home life. CLAIMS TO BE APPROVED AT APRIL 16, 1985 LAKE ELMO COUNCIL MEETING 86006 Caswell - Tavernier - 3/15/85 - 3/31/85 Attorney Fee 86007 State Treasurer - 1st Qt. Bldg. Surcharge 86008 Postmaster - postage meter 86009 Government Training Service - Pat's management conference 86010 Cragun's Conference Center - City Managers' Conference 86011 Copy Duplicating Products - copy machine maint, agreement 86012 Mary Meyer - 4/9/85 newsletter 86013 Satellite Industries - 4 families in flood area 86014 Junker Sanitation - Jan,Feb,&Mar sanitation 86015 City of North St. Paul - Animal Control Vehicle 86016 North Star Int'1 - Fire Dept, truck parts 86017 Clarey's Safety Equip. - Fire Dept. boots 86018 Kunz Oil Co. - Fire Dept. gas 86019 Lake Elmo Oil - Fire Dept. gas $ 47.27 Maint. Dept. gas 978.53 86020 Hardware Hank - Fire Dept. supplies 3�Z66 Maint. Dept. 33.72 86021 Dan Olinger - Snowplowing 86022 Hagberg's Country Market - Maint. Dept. supplies 86023 Johnson Tire - Maint. Dept. truck repair 86024 Bryan Rock Products - Maint. Dept. 86025 Norwest Bank of Mpls. - Street & Sewer Interest on--Bond- 86026 Curtis 1000 - Water Department meter cards 86027 thru 86039 April 26th payroll 425.00 193.08 200.00 125.00 172.80 435.00 250.00 279.08 135.00 150.00 6.87 151.20 56.71 1,025.80 71.98 560.00 16.39 12.70 109.14 5,406.95 371.01 6,500.00 Total $�16,653.71