HomeMy WebLinkAbout05-21-85 CCMll
LAKE ELMO CITY COUNCIL MINUTES
May 21, 1985
Mayor Morgan called the meeting to order at 7:05`in the council
chambers. Present: Armstrong, Christ, Dunn, Mazzara, City
Adminâ–şstrator Kla.ers, City Engineer Bohrer, and City Attorney Knaak.
Mayor Morgan acknowledged Jay Gilbertson who was attending the council
meeting in order to help earn his Citizenship Merit Badge for Boy'
Scout 'Troop Number 162.
1. Agenda
M/S/P Dunn/Mazzara - To approve the agenda for the May 21, 1985 City
Council meeting as amended. Add: 5G1 - Update of the Castle Design
situation; 5G2 - Discussion on some street patching needed on a larger
scale and the speed limit on 20th Street; 6A - Guidelines for
Petitions; 6B - June 18th Council Meeting;-7A - House Moving
Application for Larry Gray; 7B - Boarding Care Home Presentation.
(Motion carried 5-0)
2. Minutes
M/S/P Dunn/Mazzara - To table the minutes of the May 7, 1985 City
Council meeting. (Motion carried 5-0).
3. Claims
M/S/P Dunn/Armstrong - To approve claims 86108 thru 86142 as
presented.(Motion carried 5-0).
4. Planning Commission Report
A. Presentation: Mike Robinson, Mn/DOT District Traffic
Engineer discussed traffic and safety concerns along
Highway 5 near CSAH 17 intersection.
The Mn/DOT study came up with three options:
A school speed zone - which could legally be 20 m.p.h. and only
effective during the time children are present. Mn/DOT would have to
make an engineering study to deterime what they feel would be a
reasonable speed to expect drivers to slow down to. The sign for that
would be yellow with SCHOOL in black letters and a normal speed limit
sign with the lower speed limit on it, and a sign below that states
"When Children are Present". Studies in the early 1970's have
indicated that the reduced speed zone will not change driver behavior
significantly.
Advanced Warning Flasher - There are two types: A flasher attached
with the reduced speed limit signor a warning flasher by the
pedestrian crosswalk. Basic intent is to draw motorist's attention to
the sign control device. The flasher would only be activated during
LAKE ELMO CITY COUNCIL MINUTES 5-21-85 Page 2
the times you would expect children to be there and a legal speed zone
only when children are there. l
Estimated cost for one flasher is $5,000. Assuming you put flashers
in both directions the estimated total cost is $8,000. Half would be
equipment that Mn/DOT could supply and the other half is city
construction costs. The ongoing cost would not be expensive, but
power costs would be $200 a year.
The state will participate in the cost if a warrant is met. In case of
flashers there are four different warrants that have to be met. One
of which is a school crossing warrant. Basically, the warrant is meT
if there are 500 vehicles an hour on the highway at the normal time of
the crossing. The flasher warrant is met in this case. Based on that,
Mn/DOT would be willing to participate in some cost split with the
city for the flasher. If Mn/DOT has the equipment on stock, they
might agree to supply the equipment and have the city have an
electrical contractor do the installation. The ongoing costs and
maintenance would be the responsibility of the city. This would not
be completed until school convenes in the fall.
The flasher would have a time clock built into it so it would only be
flashing during the times when the children are expected to be using
the crossing. Mn/DOT would like the city or the school district to
have control of the time clock. The question was asked by Mike
Mazzara if school districts ever participated in the cost and Robinson
was not aware that they had, but thought the city could pursue this.
Mn/DOT's position is that the most important control measure at that
crossing is an adult crossing guard. Primarily, this would provide
the safest crossing for the children.. Nancy Prince brought up that
her concern was not for the authorized school crossing times at 8:15
and 2:30 when there was school staff available, but what happens when
children want to cross at times when there is no school staff there.
Nancy requested that someone stay for a longer period of time, but the
school doesn't feel it's necessary.
Flashing Beacon - If the city wants to pay for it, there could be a
flashing beacon above intersection of West Junction County 17. It
would be flashing yellow for Highway 5 and red for County 17. It
would be flashing continuiously and the power cost would be $100 a
year. The beacon has proved to have not much of an affect on
accidents.
Accident data provided by Mr. Robinson indicated that the last
Junction (by Lake Elmo Ave.) averages 3 accidents a year which
averages out to 1 accident per million vehicles that use this
intersection. The west junction (by the school) averages 4 accidents
per year, which averages out to 1.4 accidents per million vehicles.
Mn/DOT sees no pattern with the accidents that do occur.
In 1981 a traffic volume study indicated that the technical warrant
for a traffic control signal was met at the last junction of county L
road 17 and CSAH5, but it was Mn/DOT'S opinion at the time that the
traffic control signals were justified. The cost for the signal itself
LAKE ELMO CITY COUNCIL MINUTES 5-21-85
Page 3
was about $80,000 and because road work was needed the cost would go
up to $150,000-$200,000. There was not enough of an accident problem
to spend that kind of money. Since that time, the County has put an
overlay on County 17 and restripped it so there are two lanes of
approach. When there are two lanes of approach, Mn/DOT operates on
different warrant criteria. Based on this new criteria the warrants
are no longer met.
Mn/DOT would allow an overhead flashing beacon to be installed, but
would not participate in the cost which would be around $10,000.
Mn/DOT's opinion is that a beacon would have no affect on the
accidents and for that reason they do not see the benefit for the
State to participate in the cost.
In 1983, Mn/DOT received a resolution from the city requesting signs
for "unlawful passing on shoulder", and Mn/DOT's response was that
these types of signs are used only when there is a severe congestion
problem and where there's an unusually high volume of violators.
Mn/DOT's philosophy is they don't like to install signs that state a
State Law because a motorist seeing a sign at a given location may
interpret that it islegalanywhere else, which is not the case. The
other, carried to extremes, completely overload the highway system
with signs providing instructions.
B. Application by Bill Eder for a simple lot subdivision and
zoning code variances. (tabled).
5. City Engineer's Report
A. Public Hearing for zoning code (lot size) variance and
shoreland permit for application by David Strusinski in
the Lanes DeMontreville Country Club Addition.
Pursuant to published notice, this public hearing was opened at 7:53
in the city council chambers.
The Council discussed David Strusinski's request for a lot -size
variance and shoreland permit on the last buildable lot in Lanes
DeMontreville Country Club Addition. Strusinski plans to build a home
on a previously platted 0.67 acre lot, fronting on Hill Trail Court.
Council approval is contingent upon DNR approval of the shoreland
permit and City Engineer, Larry Bohrer's recommendations. Bohrer told
the Council Strusinski should submit soil test results and septic
system design showing that there is adequate room for the primary and
alternate system, site plan be submitted showing all the applicable
set backs for this well and septic system in relation to all the other
wells and septic systems in the area and a contour map before he
applies for a building permit. Public hearing was closed at 8:07.
M/S/P Morgan/Christ - to grant a lot -size variance and shoreland
permit subject to the City Engineers's three recommendations.
(Motion Carried 4-1 <Mike Mazzara's comments were that no hardship was
proven and concerned about adequate septic systems in the area, size
of lot and road frontage. >)
LAKE ELMO CITY COUNCIL MINUTES 5-21-85 Page 4
B. Sign Request on 13B Detour.
Larry Bohrer, City Engineer, had found that there was only one
30 m.p.h. speed limit sign south bound posted. Pat Klaers, City
Administrator, had checked later and found both speed limit signs
posted. This would mean that the city should enforce the law.
Mike Robinson stated that "Watch Children at Play" sign is discouraged
by Mn/DOT because it is difficult to chose what residential area
deserves a sign. If carried into extremes, the sign would be
everywhere and would completely lose its effectiveness. You cannot
rely on a sign. It gives a false sense of security. They see nothing
unique about this location that warrants such a device and feels that
small children are the responsibility of the parents as to where they
play. Hopefully, the detour will be off this fall.
Rick & Colleen Hoursh live in a Cul-de-Sac by Lake DeMontreville and
are having a problem with vistor's cars being ticketed because of the
No Parking signs. These signs were put there for the boat landing and
put in before anyone lived there. Mayor Morgan suggested that one no
parking sign be removed from the Cul-de-Sac as long A$ the other
residents approved. The Mayor would like this approval in writing and
sent to the Council. This was agreed. Klaers asked to have the
deputies input to see if it is enforceable.
C. Landfill Water System Update
Larry Bohrer has contacted the county staff for a meeting to
resolve our differences, but they prefer he send his design
computations, etc. to them and they will look it over for a week and
then have a meeting. They did say they do not have a problem
supporting a water system of our design as long as they could see that
it is a logical design and could be supported with facts and data.
D. 201 Update
Larry Bohrer referred to a handout regarding the MPCA Plant
Review.
1. Nine individuals who were identified as having a need for
improvement were removed from the program at their request. These
individuals will not be forced to upgrade under the grants program,
but the MPCA wished to know how the City will handle these treatment
problems. This will be done by the City enforcing its ordinance.
2. Any work necessary to contact the building sewer from the
house to the new septic tank is not grant eligible and must be made
part of the assessment to the individual.
3. On those individual systems which require an effluent
pump, it is the homeowners's responsibility to provide the electrical
wiring from the house to the junction box at the pump. In this way
the homeowner is responsible for that house electrical service box
being up to code rather than the grants program.
LAKE ELMO CITY COUNCIL MINUTES 5-21-85
Page 5
4. If it was a maintained lawn to begin with, they should
have sod put back. It is important to have grass coverage over it as
soon as possible otherwise there is erosion.
5. We had only fenced in drainfields where traffic would be a
problem, but MPCA requests that all remote drainfields be fenced.
6. MPCA requests that the drainfield size be increased for
Old Village Remote A - Legion Avenue and Old Village Remote D - 34th St.
7. Land acquisition for off -size drainfields is not eligible
for grant funds if only one lot is benefited. This would apply to:
Old Village Remote F - Twin Point Tavern and Tri-Lakes Remote E -
formerly Steve Grabski. If the City were to condemn these drainfield
sites and assess the cost to the homeowner, the cost may outweigh the
benefit. Bohrer recommends investigating holding tanks for those two
properties.
8. MPCA requests test pits be dug at: Old Village Remote G -
near Custom Mold and Tri-Lakes Remote D - near Carl Paul. Bohrer asks
that the City backhoe and operator be made available to dig these
pits.
g. MPCA points out that some parts of some systems do not meet
required set backs. We have always known that some local variances
will be required.
Once we complete these plan revisions, we return them to the MPCA.
They will review and approve them and then we will be authorized to
advertise the bids.
E. Surface Water Issues Update
Eagle Point Lake is still flowing out, but it's only about an
inch presently over the overflow plate that is constructed at the
outlet. Because of the rains Beutel Pond is about 21 inches over the
outlet. The 32nd Street Pond has risen again and had to add more
crushed rock. There's not enough elevation difference and could not
get a siphon going so will temporarily put a short piece of culvert to
let the water into Reid Park and that can be removed.
Bohrer brought up the letter from Rodney Toft and the problem he and
neighbors will be having with Legion Avenue Pond. The ground water
table is very nearly the surface water level on Legion Pond, and there
is no way to drain it by gravity because it is lower than everything
else around it. The other alternative is the pump alternative and
when investigated in 1980 we found that the water table was near
surface elevation.
F. Tablyn Park 2nd Addition - Final escrow release.
Mayor Morgan authorized permission given for final release of
the remaining cash escrow plus any accumulated interest be released
for Tablyn Park 2nd Addition.
LAKE ELMO CITY COUNCIL MINUTES 5-21-85
M/S/P Morgan/Dunn - to authorize permission for final release of the
remaining cash escrow plus any accumulated interest be released for
Tablyn Park 2nd Addition. (Motion Carried 5-0)
G. Other
1. Update on Castle Design - Bohrer would like permission to
consider the second alternative and close off the ketch basins and
observe the drainage for a period of time and see if there is an
impact on this marshy area. Bohrer will write a letter to Castle
Design saying this is what we will do, and we can consider road
improvements and storm sewer improvements at a later date.
M/S/P Morgan/Armstrong - to proceed with solving the Castle Design
drainage problem as presented by Larry Bohrer. (Motion Carried 5-0)
2. Street Repairs - Bohrer would like to measure up the areas
in need of repairs and get cost estimates and bring back to the
Council. He believes it will be under the limit and will only need
two quotes and not have to go out for bids. They will purchase
reflectorized signs that say rough road or road repairs to alert the
motorist when these potholes show up until the time we can complete
the repair. Reduction of speed limit for 20th was discussed, but
Mn/DOT would have to be called in to complete a study. Mayor Morgan
would like a speed zone study called in for 20th Street, Keats Avenue;
and 45th, Julep, and 47th.
Mayor Morgan made a request for a resolution to be prepared for
Council action at a future meeting..
6. City Council Reports
A. Guidelines for Petitions - Concern was brought up by
Armstrong on proper guidelines for petitions and would like an article
in the Lake Elmo Newsletter stating that anyone who signs a petition
must be nineteen years of age and a city resident. Names and
addresses should be written legibly so city staff can verify the
petitioners' authenticity.
B. June 18th Council Meeting - Mayor Morgan will be out
of the country so Pat Klaers will monitor the agenda items, and if
there is not, an abundance, they will cancel the meeting or try for a
Thursday, June 20th meeting.
V. City Administrator's Report
A. House Moving Application for Larry Gray - Mr. Gray has
applied for a house moving permit which would allow him to move a nine
year old structure from Roseville to the City of Lake Elmo. He plans
on living in the house and building a 24' x 48' basement wih a tuck
under garage. The house will face loth Steet. Mr. Gray is in the
process of purchasing a lot in the David Nelson Estates subdivision.
The lot where he desires to place this home is the southeastern lot
which currently has the large accessory structure. Mr. Gray is aware
LAKE ELMO CITY COUNCIL MINUTES 5-21-85 Page 7
that this structure must be demolished or reduced in size to 1,000
sq.ft. which conforms to our city code.
Mr. Gray has a professional. moving company who does a lot of work in
the area doing this project for him. The company has the proper
insurance and the utility department and sheriff's departments have
been notified. The route will be coming in from the west along 10th
Street so any concerns the city has relating to street damages has
been taken care of.
This is an "after the fact" permit because of the time requirements
when houses become available. Mr. Gray had to move this house by
Thursday, May 23rd. This is a common problem when obtaining homes
that need to be moved off the site. There is a definite time factor
that is difficult to meet when an application must be processed
through the Plnaning Commission to the City Council. Because of this
issue, the Council authorized the City Attorney to review that section
of the -code to' see if somethingcan be done to approve permits in a
more timely fashion. This may relate to deleting the Planning
Commission's review of the application or allowing the staff to give
administrative approval.
M/S/P Morgan/Armstrong - To approve the moving of Mr. Gray's house
into the City of Lake Elmo and temporarily locate it until all proper
procedures have been followed. (Motion carried 5-0)
B. Boarding Care Home - Robert Butler, Ph.D., Human
Services, Inc., Richard Backman, Supervisor, Washington County
Community Social Services, Del Sand; President, Hecla, Inc., and
Jackson Hodgeson, Hecla staff presented their plans for a boarding
care home.
Dr. Robert Butler talked about a group home or halfway house for the
adult mentally ill. Washington County does not have any residential
facility for the adult mentally ill, but they have used Ramsey and
Hennepin County. Adult mentally ill are not dangerous people or
chemically dependent, but characterized as disorganized in their lives
and in need of direction. These are not strangers, but people they
have seen in the day treatment program.
The two criteria for choosing this site was because it is close to the
day treatment facility in Oakdale and close to the bus lines. The 15
women and men group home will be built in the Brookman Addition on a
1.5 acre Laverne Avenue lot, north of Highway 5. The six bedroom home
will be staffed around the clock. In heavy program times there will be
three to four and at night there will be one staff member.
They do have a funding grant from the State of Minnesota and part will
be funded by the county. HRA would own the facility for two years and
at the end of that time Hecla, which will be the managing
I organization, will then purchase the facility and lot from IiRA.
Richard Backman, Supervisor, WCCSS in Stillwater, stated they have
social workers active with everyone who will be in the facility as a
case manager and part of their responsibility will be to sit in on the
LAKE ELMO CITY COUNCIL MINUTES 5-21-85 Page 8
staffing to make sure that the person does have a program, supervision
and treatment that is needed.
Jackson Hodgson, Hecla staff, will make people aware of mental illness
and that the facility will be built. There will be open houses
initially and then open on an annual basis. They want to make this a
community effort and hope to form an advisory board with
repesentatives from the Lake.Elmo Council and a county commissioner.
Del Sands, President, Hecla, Inc. informed us that they are a
-:for-profit organization and was named after a Provincial Park in
Canada, but it is a legal incorporation. Lake Elmo is the sixth group
home in Minnesota. Other homes are located in Austin, Albert Lea, New
Ulm,Litchfield, and Little Falls. It is a Rule 36 facility which
means it meets all the state requirements; such as building, fire and
health codes, staff that is hired and the programs that are offerred..
There will be approximately 1,500 sq.ft. on each floor. It will look
like a residential facility with aluminum siding, all landscaped,
double attached garage, and walk out patio in back on both floors.
Program director and many of the hired staff will be asked to live in
Lake Elmo area so that they would be able to respond if needed.
Armstrong.asked the City Attorney what ,recourse does the city have if
the facility does not work out or the'community.wouldn't find it
acceptable. The City Attorney advised that once the facility is
constructed that becomes extremely difficult unless there is a: code
violation.
M/S/P Dunn/Armstrong - To adjourn the meeting (9:40 p.m.) (Motion
carried 5-0)
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
MAY 21, 1985
7:00 p.m. Meetings Convenes
1. Agenda
2. Minutes: May 7, 1985
3. Claims
4. Planning Commission Report
A. Presentation: Mike Robinson, Mn/DOT District
Traffic Engineer to discuss traffic and safety
concerns along Highway 5 near CSAH 17 intersection.
B. Application by Bill Eder requesting a simple lot
subdivision and zoning code variances, south of
RR tracks and east of Lake Elmo Avenue (con't).
5. City Engineer's Report
7:45 p.m. A. Public Hearing for zoning code (lot size)
variance and shoreland permit for application
by David. Strusinski in the Lanes DeMontreville
Country Club Addition.
B. Sign request on 13B detour (tabled from May 7th)
C. Landfill WaterSystem Update
D. 201 Update
E. Surface Water Issues Update
F. Tablyn Park 2nd Addition - Final escrow
release.
G. Other
(OVER)
6. City Council Reports
7. City Administrator's Report
May 14, 1985
To: Mayor and City Council
From: Patrick D. Klaers, City Administrator yoxrRe: Informational Memo for May 21, 1985 meeting
1. Wish to acknowledge that I am out of the office Wednesday,
Thursday and Friday when the agenda background material and
informational memo is being finalized. Because I am doing the work on
the agenda and informational memo on Monday, May 13th, there may be a
number of additions to the City Council agenda. Presently, the agenda
is very light, but items have a way of being added to the agenda -
especially in the spring and summer months. There are fewer additions
to the agenda in the winter and fall months, but the additions are
heavy at this time of the year because of the construction activities.
Applicants are always in a hurry to get council approval as quickly as
possible so that their construction can be done within the current
season. The staff is sympathetic to these reqests and often tries to
accomodate them in processing applications as quickly as possible.
2. Attached for your information is the most recent City Newsletter
edition dated 5-14-85.
3. Attached for your information are the 3-28-85 and 4-3-85 VBWD
minutes. Once again, these Watershed District minutes deal with a
number of items that are taking place in Lake Elmo, and in the entire
district in relationship to the 509 Plan.
4. Attached for your information is an article from the Minneapolis
paper dated 5-13-85. This article discusses the rising lake levels in
the entire state. Please note a quote on the back page of the article
that states that "The 83-84 two year period, and the 82-84 three year
period were the wettest on record in the Twin City area". You should
note that the record keeping began in 1836. This fact has a lot to do
with the current water problems we are experiencing.
5. Attached for your information is a memo from Zack Hansen who was
before the City Council on 5-7-85 discussing composting. This is a
follow up to his presentation in which he desires to clarify some of
the proposed terms and conditions for a composting site in Lake Elmo.
I expect that this item will be on the June 4th agenda, once the Bruce
Dunn, Arlyn Christ and Nancy Prince committee has made a
recommendation for a proposed composting site.
6. Attached for your information is the most recent law enforcement
report from the Washington County Sheriff's Department for April,
1985. This report does not give us a great deal of information, but
indicates a typical number of complaints received, miles driven and
citations issued for this time of the year. I have repeatedly asked
for additional general information from the County regarding our City
police officers activities, but these requests have not produced any
results to date. I think by having the police officer on duty the
night of a Council meeting appear every two or three meetings to keep
us abreast of current activities is as good of a plan as any to keep
us updated on local events and activities.
INFORMATIONAL MEMO FOR 5-21-85 CITY COUNCIL MEETING PAGE 2
7. Wish to acknowledge the Parks Commission is holding a tour of the
City Parks on Monday, May 20th, 1985 beginning at 6:30 p.m. starting
at Lions Park. This tour will replace its regular meeting that takes
place in the council chambers. Any and all Council Members are
invited to participate in this tour of our City Parks.
8. Wish to acknowledge that the County will begin construction on
County Road 13B in Lake Elmo on June 4th, 1985.
9. Wish to acknowledge that Clean Up Days was a successful project
once again in 1985. The budget was for $1500, and this project was
accomplished within that budget figure.
While on the topic of the public works budget, I would like to inform
the Council that the repair and maintenance catagory appears to be
going over budget this calendar year because of an abnormally high
number of repairs in our snowplowing equipment. We will be trying to
make adjustments to keep our spending under budget in some of the
other areas so that the bottom line figure will match our projections.
This most easily is accomplished in the gravel capital outlay
catagory.
The 1986 budget process will be started shortly - once we receive the
six month expenditure totals. You can expect further updates and
information from the staff on this budget process for 1986.
10. Wish to acknowledge that the Street Sweeping Project that was
awarded to Allied Contracting is scheduled to be completed this week.
Maintenance Foreman, Dan Olinger has informed me that they are
completing the project on schedule and the quality of work is
acceptable to the maintenance department.
11. The street crew will be starting to make some small repairs of
the potholes in our local streets this next week. There are some
areas where larger repairs are going to be needed, and Larry Bohrer
will be working with the maintenance crew in this area. We anticipate
the need to contract out some of these larger repair items to a
company that has a paving machine so that a more permanent replacement
of our City streets can be made instead of making patches in the same
area year after year.
12. Wish to acknowledge that the City will be proceeding with the
installation of a culvert between the pond that is encroaching on 32nd
Street and the pond in Reid Park. This item was on a Council agenda
in April, 1985 and, the City was authorized to place limerock on 32nd
Street to make that road accessible from the Ruppert property. The
water has continued to increase, and the limerock is not solving the
problem. This culvert will saturate the trails in Reid Park, but once
the water recedes, these trails will again be useable with a minimal
amount of damage.
13. Wish to acknowledge that the City has been informed by Mn/DOT
that they are requiring Mr. Rossow (who had made application in 1978
for the Tri-Star Addition which is no longer valid) to remove the
beams that are in the right-of-way along Highway 36. If Mr. Rossow
does not willingly remove these beams, Mn/DOT will do the work for
them after May 20, 1985, and will bill Mr. Rossow for the work
completed. You should note that Mr. Rossow has also discussed getting