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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.