HomeMy WebLinkAbout08-20-85 CCMLAKE ELMO CITY COUNCIL MINUTES
August 20, 1985
Mayor Morgan called the meeting to order at 7:03 p.m. in the
Council chambers. Present: Armstrong, Dunn, Morgan, Mazarra,
Christ, Acting Administrator Banister and City Engineer Bohrer.
Mayor Morgan acknowldeged Steve Bucheck, 2301 Legion Avenue N, who
was observing the City Council Meeting for his Scout Troup.
1. Agenda
M/S/P Dunn/Mazzara - to approve the agenda for the August 20, 1985
City Council meeting as amended. 5E. Landfill Water Supply, 5F.
201 Resolution, 5G. 1985 Street Repair Update, 6B. Cottage Grove
Ravine, 6C. Group W Cable TV, 7G. Brown's Creek Watershed (Section
1), 6H. City Administrator. (Motion carried 5-0).
2. Minutes
M/S/P Christ/Mazzara - to approve the August 6, 1985 City Council
Meeting Minutes as amended. (Motion carried 5-0).
3. Claims
M/S/P Dunn/Armstrong - to approve claims 86385 thru 86425 as
presented excluding 86391 until further discussion. (Motion
carried 5-0).
There was discussion on claim 86391 Ruffridge-Johnson - blacktop
roller rental as this is the third month we have rented the
blacktop roller at $400 per month. Dan Olinger has found that we
could purchase the roller we have been renting for $250 , and we
could apply a percentage of the rental toward the purchase price.
We could change this claim amount to approximately $1800 and own
the roller.
4. Gene Siedow - Lake Elmo Molds
(carry over - from 8-6-85)
Mr. Gene Siedow has discovered that there is an existing 20'
easement for roadway purposes over the west 20' of his property
(lots 14 through 18, Block 3 of Cloverdale Addition) at the Lake
Elmo Custom Molds. Since it also appears there is a platted alley
behind his property, he is asking that the easement be vacated.
The consensus of the Council is that this 20' roadway easement is
not necessary since it is not the intent to ever construct an
alley wider than 20'.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1985 Page 2
M/S/P Christ/Mazzara - to adopt Resolution 85-28 removing the
existing 20' easement for roadway purposes for Gene Siedow's
property described as Lots 14 through 18, Block 3 of Cloverdale
Addition. (Motion carried 5-0).
5. City Engineer's Report
A. Shoreland Permit for Mike Wagner at 9040 N. Lake Jane
Trail.
Mike Wagner did not attend the meeting, but proposes to construct
an addition onto his home at the above address which is on the
south side of Lake Jane. This addition is to be constructed on
the east side of his existing home and the front of the addition
would not be any closer to the lake than the existing home. The
100' setback required by the ordinance, however, could not be met.
These types of variances are usually allowed, but as long as the
new work is no closer to the water than the original structure.
City Engineer Bohrer had previously met on the site with Mr.
Wagner, and at that time the applicant stated he intended to
obtain the permit now, but not do any work until after the VBWD
509 Project is in place by lowering the level of Lake Jane.
Bohrer informed the Council that it would be impossible to
construct the addition at this time due to the high water level of
Lake Jane and that issuing a permit at this time would be
premature since the construction is based upon the completion of
the 509 Project and the final design parameters of the project
have not been determined, such as the normal lake level and the
high flood elevation.
M/S/P Morgan/Christ - to table the application for the Shoreland
Permit until such times as the applicant can provide the
additional information. (Motion carried 5-0).
B. Rezoning, Preliminary Plat Approval for Midland Meadows
located on loth Street (approximately 1/4 mile West of Lake Elmo
Avenue).
The applicant would like to rezone the westerly 1,500 feet of this
parcel from R1 to an RR zone. This would consist of five lots
approximately 12 acres each in an RR zone. Mr. Stockstead, one of
the owners of the property known as Finnemann Enterprises, Inc.,
stated that his reasons for this rezoning are marketability of the
larger type lots with very little capital investment and also
permit the new buyers to have horses on the property. The
easterly portion of the property presently zoned R1 would remain
in that zoning with lot sizes varying from 4.1 acres to 6.9 acres
in size. This is considerably less dense than the preliminary
plat approved in 1980 consisting of 58.1ots of 1-1/2 acres in
size.
There was considerable discussion about the accesses onto the
County Roads. The City Engineer stated that interior streets are
LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1985 Page 3
not normally required except in cluster type developments. The
City as well as the County discourages driveway entrances onto
thoroughfares. For this reason the applicant is proposing to
construct common driveways to decrease the number of accesses onto
the County Road. Bohrer referred to his letter to the Planning
Commission recommending that the common driveways be constructed
by the developer as part of the development. In that way there is
some control of the width of the driveway so that two cars can
pass, and it will be in the right location and have the right
culvert size.
M/S/P Christ/Mazarra - to adopt ordinance #7973 amending the Lake
Elmo Municipal Code section to rezone the westerly 1,500 feet of
the property from R1 to RR. (Motion carried 5-0).
Jerry Mirage, representing the Oakdale Gun Club, asked to go on
record requesting that potential buyers of these properties be
informed of the existence of the Oakdale Gun Club and the nature
of their activities. The developer agreed to place this
information on any purchase agreements.
M/S/P Mazzara/Christ - to approve the preliminary plat contingent
upon the developer constructing the common driveway entrances to
City and County standards and satisfy the VBWD drainage
requirements. (Motion carried.5-0).
C. Preliminary Plat Approval for Clapp-Thomssen/Don Bishop
located South of CSAH at the intersection of Ideal Ave.
The applicant is asking for preliminary plat approval of a cluster
development on a 145 acre site in the southwest corner of
Stillwater Boulevard and Inwood Avenue. This was before the
Planning Commission and it was recommended that a preliminary plat
be approved for a cluster development in a RR Zone. The only
variance that would be required is the variance to the maximum lot
size of two acres in a clustered development. After the
preliminary plat is approved, the variance will be granted.
The City Engineer stated that he has not received the review
letter from the County Highway Department regarding access yet and
there are still some requiremets of the VBWD that have not yet
been met. Therefore, Bohrer requested that any approval be
contingent upon those two items.
M/S/P Dunn/Mazarra - to approve the preliminary plat contingent
upon the VBWD drainage issues such as velocity of water and access
conditions from the County Highway Dept. (Motion carried 5-0).
D. Legion Pond - Update from Larry Bohrer
At the last Council meeting some of the Legion Avenue
residents appeared and requested several actions from the City
Council, so City Enginner Bohrer has put together engineering data
for those items.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1985 Page 4
The five actions are listed in Bohrer's letter dated August 20,
1985 to the City Council.
1. Stop all pumping within the City.
2. Establish a moratorium in new development within the Legion
Pond Subwatershed.
3. Install a storm sewer from the Legion Avenue culvert to
existing storm sewer in Lake Elmo Avenue.
4. Add fill to the City -owned drainage easement to match filling
done by residents on either side.
5. Check monitoring wells for ground water elevations.
Moratorium
The City could impose a moratorium on building to prevent
additional runoff from entering the pond, but our investigations
have found the pond level is supported by the groundwater table
and surface runoff is a minor contributor to the pond level. The
drainage area has not been altered over the years and no new
houses have been built since the Legion Avenue homes were built in
late 1960's and early 1970's, yet the pond has continued to rise.
Storm Sewer
It was suggested that a storm sewer be constructed on 30th Street
and Legion Avenue to drain the Legion Avenue culvert into the
County storm sewer system in Lake Elmo Avenue. A review of old
construction plans indicates culvert invert in Legion Avenue to be
elevation 890 and invert elevation of storm sewer in Lake Elmo
Avenue at 30th Street to be elevation 900; therefore, Legion
Avenue will not drain into Lake Elmo Avenue.
Added Fill
It is estimated that 300 cubic yards of fill would be required in
the drainage easement to match the filling done by residents on
either side. The estimated cost in labor, material, and equipment
to do this work with City forces is $3,500.
Monitoring Wells
On August 19, 1985, monitoring wells 2 and 3 were checked for
groundwater elevation. Monitoring Well No. 1 was not able to be
checked because the cap was rusted on tightly. The following is a
comparison of results obtained now and 1980:
LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1985 Page 5
Lake
Elmo
Legion Pond
Well
No. 1
Well
No. 2
Well
No. 3
Conclusions
1980 1985
::.
::.
883
885.5
881.83.5
..
884.2
885.1
The most recent monitoring well readings indicate the pond surface
is an outcropping of the groundwater table. Pumping will be
ineffective as a permanent solution. A pump may temporarily draw
down the surface but the water surface would return once the pump
is shut off.
Investigating the possibility of irrigating, Mr. William Herzfeld,
the owner of the farmland to the east, was contacted and she
informed Bohrer that the property is rented out to a farmer in
Afton. Mrs. Herzfeld mentioned she was not in favor of irrigating
and did not care to give the name of the renter.
City Engineer Bohrer explained that there is a possibility once
the VBWD 509 improvements are implemented that a small diameter
overflow pipe could be constructed from Legion Pond to Lake Elmo.
This would have limited benefit in that it would probably prevent
Legion Pond from rising too much higher than what it is today, but
that this water on Legion Pond could only be released during
certain periods of time when Lake Elmo is below its run out
elevation proposed to be 883.5 under the new 509 Plan. Cost to
install the approximately 1,100 feet of pipe at depths up to 30
feet deep is in the neighborhood of $100,000.
The City Council was discouraged at these latest facts and
instructed the City Engineer to continue to look for a place to
try a test pumping program. Perhaps, Lake Elmo, if an equal
volume of water could be stored on Eagle Point and also to ask the
VBWD to include in the 509 Plan that Legion Pond be maintained at
a level so as to prevent water from entering the five low homes
along Legion Avenue.
E. Landfill Water Supply
The City Engineer reviewed the current items which are yet
to be resolved on a public water supply to be put in around the
Lake Jane Landfill. The four items of disagreement are:
1. System Design
2. Operation and Maintenance Costs
3. System Expandability
4. Release from Liability
The City is concerned because the city will own, operate, and
maintain the system forever. The life expectancy of a public
water supply is 75-100 years.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1985 Page 6
The City's estimate, $739,000, that was provided to the County was
based on actual bids received for similar type work and the
County's preliminary cost estimate is $485,000. For the well,
pump, pressure tank, well house, electrical and mechanical
equipment the County's estimate was $66,000 and TKDA's estimate
was $220,000 which was based on recent bids. Bohrer quoted from a
Wisconsin document that the Health Dept. sited as what they wanted
to use to establish a minimum "if no elevated storage is
available and more than 50 homes are to be served, two or more
pumping units shall be provided each of which shall supply the
normal daily demands."
After considerable discussion with the City Council and a number
of the area residents which attended the meeting, the City Council
instructed Arlyn Christ with assistance from City Attorney Knaak
to prepare a draft letter to the County Boards with technical
assistance by the City Engineer providing for the following:
a. Insist on some County participation on the 0&M costs so that
water rates are able to be maintained at a reasonable level.
b. No release from liability.
c. Reasonable expandability built into the system if there is a
foreseeable need to expand because of the contamination.
d. The preliminary watermain route had been previously agreed
upon.
e. Accept 6" diameter watermains and agree on a well capacity
somewhere between 370-700 gpm which will be the maximum
capacity that can be provided through a 6" main.
The City Council will review this draft letter at the next City
Council meeting.
F. 201 Resolution
The City Engineer presented sample wording for a resolution as
requested by the MPCA stating that the City is aware of the most
recent cost estimates, the local share of the project and that the
City intends to proceed with the program and assess the local
share. The City Council then reviewed the draft resolution and
approved without change.
M/S/P Armstrong/Dunn - to adopt Resolution 85-29 approving the
draft resolution requested by the MPCA stating that the City is
aware of the most recent cost estimates, the local share of the
project and that the City intends to proceed with the program and
assess the local share. (Motion carried 5-0).
G. 1985 Street Repair Update
The City Engineer reported that the work has been completed
LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1985 Page 7
and that he will be assembling the final payment documents for the
Council's consideration in the near future.
6. City Council Reports
A. Arlyn Christ - Backstop at Reid Park
The Jaycees had planned to donate and install a backstop at
Ballfield No. 1 in Reid Park in accordance with the Park Master
Plan. A number of the area residents objected to the placement of
this backstop. Councilman Christ asked that this be added to the
Council agenda for clarification by the City Council.
Mr. Richard Huntley, 11397 30th Street, stated he was opposed to
the size and location of the backstop. He would like to see the
backstop away from the residential area and not to have adult
league teams, but to have children use the ballfield.
The residents feel that this park had always been intended to be a
neighborhood park and the size and location of the backstop will
promote the use of the park by leagues and adult teams. The City
Council's feelings were that the City does not intend to schedule
adult league teams on the park and that the size and the placement
of the backstop does not, in itself, dictate what type of teams
will use the ballfield. The City Council will allow the Jaycees
to proceed and install the backstop as originally planned
accordingly to the Master Plan.
B. Cottage Grove Ravine
Tom Armstrong updated the Council on the Cottage Grove
Ravine Watershed. There appears to be a boundary problem and
Armstrong indicated that with the help from the City he will work
on straightening out this problem. Armstrong will also work on
putting together a tax district for the Cottage Grove Ravine
Watershed.
C. Cable TV
Morgan questioned the authority of Group W Cable to dig in an
utility easement found out that they have the same right as the
telephone company or NSP Co to dig in that easement.. The City
has given them permission through the Franchise agreement and can
dig in the right-of-way even if the people don't want them.
7. City Administrator's Report
A. Grader for Maintenance Department
The City has agreed to enter into a contract with Washington
County for grading our gravel roads at a rate of $38 per hour.
M/S/P Christ/Mazzara - to approve entering into a contract with
Washington County for grading our gravel roads at a rate of $38
per hour. (Motion carried 5-0).
Per the recommendation of the City Engineer and the Maintenance
LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1985 Page 8
Foreman for the City to purchase the blacktop roller at $1,800 for
street improvements.
M/S/P Christ/Mazzara - to approve the purchase of a blacktop
roller at $1,800 for street improvements. (Motion carried 5-0).
B. Planning Commission Vacancy
Acting Administrator Banister stated there were no
applications on file. Al Martens expressed interest, but no
applicaion has been received. In addition to advertising in the
paper, the Council members will do same recruiting.
C. Newsletter Editor
Each councilperson is to submit three names to Banister to
interview at the next meeting.
D. Composting - Agreement with Washington County
Armstrong stated it would be up to the County to say what has to
be done and then the City crew can determine if they can do it,
and the County will reimburse the City for its costs.
M/S/P Dunn/Morgan - to approve the Composting Agreement with
Washington County. (Motion carried 5-0).
E. Set time and date for Budget process
The proposed budget meeting is for September 3, 1985 at 6:00
before the City Council Meeting. There was discussion on changing
the budget meeting to Wednesday, September 4, 1985 because of the
City Administrator interviews which are scheduled for 5:00.
F. Pay Equity Seminar
There will be a Pay Equity Seminar for Local Government Officials
held at the Space Center in St. Paul on August 29, 1985 from
9:00-12:00 a.m. The cost is $10 per participant. Marilyn
Banister and Mary Kueffner have requested to participate.
M/S/P Morgan/ Armstrong - to approve the $20 registration fee for
Banister and Kueffner for the Pay Equity Seminar on August 29,
1985. (Motion carried 5-0).
G. Brown Creek Watershed (Section 1)
The City will contact the one property owner in the Brown�Creek
Watershed to see if they would represent the City.
H. City Administrator
The three names to be interviewed are Ulrich, Overby and Banister.
This interview process is proposed to be done collectively on
September 3, 1985 at 5:00 before the City Cou?bil Meeting.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1985 Page 9
M/S/P Dunn/Morgan - to adjourn the City Council Meeting at 10:50
p.m. (Motion carried 5-0).
Resolution 85-28 - Removing the existing 20' easemnt for roadway
purposes for the Gene Siedow's property described as Lots 14
through 18, Block 3 of Cloverdale Addition.
Ordinance 0791.3 - Amending the Lake Elmo Municipal Code section
to rezone the westerly 1,500 feet of the property form R1 to RR.
Resolution 85-29 - Approving the resolution requested by the MPCA
stating that the City is aware of the most recent cost estimates,
the local share of the project and that the City intends to probed
with the program and assess the local share.
Amended
Delete Absent: City At-torney Knaak
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
AUGUST 20, 1985
5:00 P.M. Interview with the 5 City Administrator finalists.
7:00 p.m. Meetings Convenes
1. Agenda
2. Minutes: August 6, 1985
3. Claims
7:10 p.m. 4. Gene Siedow - Lake Elmo Molds
(carry over from 8-6-85)
5• City Engineer's Report
7:20 p.m. A. Shoreland Permit for Mike Wagner at
9040 N. Lake Jane Trail.
7:30 p.m. B. Rezoning, Preliminary Plat Approval
for Midland. Meadows located on 10th
Street (approximately 1/4 mile West
of Lake Elmo Avenue).
7:45 p.m. C. Preliminary Plat Approval for Clapp-
Thommsen/Don Bishop located South of
CSAH at the intersection of Ideal Ave.
8:00 P.M. D. Legion Pond - Update from Larry Bohrer
E. Other
(OVER)
8:15 p.m. h. City Council Reports
A. Arlyn Christ - Backstop at Reid Park
B. Other
----------------- BREAK --------------------------
8:30 p.m. 7. City Administrator's Report
A. Grader for Maintenance Department
B. Planning Commission Vacancy
C. Newsletter Editor
D. Composting - Agreement with Washington
County
E. Set time and date for Budget process
F. Pay Equity Seminar
G. Other
August 16, 1985
To: City Council
From: Marilyn Banister
Re: Informational memo for August 20, 1985 City Council meeting.
1. Attached is a letter from Jewel Melin to the City Council
requesting an estimate on the increase in personnel for the city
office for the next twenty years.
2. For those of you that have not yet seen it, attached is an article
that appeared in the Minneapolis paper regarding Lake Elmo's water
problems.
CLAIMS TO BE APPROVED AT AUGUST 20, 1985 LAKE ELMO COUNCIL MEETING
86385
Postmaster - postage meter
$ 200.00
86386
Communications Specialists - maint dept. radio repair
164.25
86387
Void
86388
MCI - pagers mains. dept.
53.38
86389
St. of MN - Federal Surplus Property Div. -Adm. Fee
30.00
86390
T. A. Schifsky - AC mix - blakd top
529.98
(1) 86391
Ruffridge-Johnson - blacktop roller rental (1)
400.00
86392
Bryan Tock Products - street repair
172.97
86393
Hagberg's - Maint dept supplies
6.29
86394
Del's Lawn & Log - Maint. dept repairs
48.60
86395
Polar Plastics - maint dept supplies
150.00
86396
Carlson Tractor & Equip. - parts & repairs
133.47
86397
Flail -Master Corp. - parts & repairs
153.55
86398
CSI Trucking - delivery of crushed rock
110.69
86399
Hardware Hank - Plaint. Dept. $ 122.63
Fire Dept. 61.46
Parks Dept. 73.72
257.81
86400
Lake Elmo Oil Maint. Dept. __71�3T
Fire Dept. 46.56
67.92
86401
Kunz Oil - Fire Dept.
205.12
86402
Scott Aviation - Fire Dept. equip repairs
72.45
86403
General Communications - Fire Dept. radio repair
24.07
86404
Electrosonics Instalert - Fire Dept. radio repair
51.75
86405
Lillie Suburban Newspapers - Legal Publ $ 68.07
Newsletter ad 30.19
98.26
96406
Mary Meyer - 8/13/85 newsletter
250.00
86407
MN Clerks & Finance Officers Assn. - Dues
15.00
86408
Copy Duplicating Prod. - copy machine paper
479.78
86409
The Computer Supply Store
180.00
86410
Wash. Cty Recorder - recording fee
10.00
86411
Wash. Cty - 1st, 2nd & 3rd Quarter Police Contract
57,964.17
86412
Four Seasons - cups & coffee
16.25
86413
Junker Sanitation
45.00
36414
thru 86425 August 30th payroll (actual 8/16)
6,751.22
Total.
$ 68,641.98
(l) This is the 3rd month we have rented the blacktop roller at
$400. pper month. Dan Olinger has found that we could purchase
the roller we have been renting for $2500., and we could apply
a percentage of the rental toward the purchase price. We could
change this claim amount to approximately $1800. and own the
roller if the council so chooses Larry Bohrer agrees it would
be a worthwhile investment.