Loading...
HomeMy WebLinkAbout08-06-85 CCMCLAIMS TO BE APPROVED AT AUGUST 6, 1985 LAKE ELMO COUNCIL MEETING 36322 Firehouse - Fire Dept. - subscription $ 29.97 86323 1985 Fire Chief's Conference 80.00 86324 David Eder - Cleaning 79.60 86325 State Bank of Lake Elmo - July Federal withholding 1,815.00 86326 Commissioner of Revenue - July State withholding 927.00 86327 thru 86338 August 2nd payroll 6,983.32 86339 Gerald Dahlberg - July animal control officer 324.00 86340 Oakwood Animal Hospital 144.00 86341 City of North St. Paul - vehicle 150.00 86342 State Treasurer - Ken Carroll Water certification 20.00 86343 McCarthy Well - Water Fund - pump repair 387.00 86344 Jones Chemicals - Water Fund chemicals 177.23 86345 Lake Elmo Assoc. Ltd. - August rent 1,760.77 86346 Allied Group Insurance Trust - 76.86 86347 LMCIT - Aug. Hosp. 1,225.80 86348 Minn. Benefit Assn 52.00 86349 James McNamara - July Mileage Lake Elmo $ 158.48 Mahtomedi 130.12 288.60 86350 ICBO - Building Officials Conference 215.00 86351 Mary Meyer - 7/23/85 newsletter 250.00 86352 Lillie Suburban Newspapers - legal publications 60.07 86353 Northwestern Bell - Office $ 181.21 Fire 53.19 Maintenance 52.74 Park 11.06 298.20 86354 A T & T 38.26 86355 Northern States Power Fire 71.61 Maint 79.61 Street Lights 610.87 Parks 167.10 Water 288.94 1,218.13 86355 First National - Park Bonds principal& interest 37,653.75 86356 Rauenhorst & Carlson - Retainer 300.00 Alford & Berubel20.00 420.00 86357 Caswell & Tavernier - prosecutions 850.00 86358 TKDA General 2,880.05 Pass Thru 651.60 MSA 92.33 3,623.98 86359 Bathke Co. - Maint. Dept. parts & repair 54.55 86360 Lampert Building Center - Maint. Dept. 90.62 86361 Ruffridge-Johnson - roller rental 400.00 86362 Action Rental - Maint. Dept. 74.00 86363 Barton Sand & Gravel - Maint. Dept. 62.18 86364 T. A. Schifsky - AC mix 220.22 86365 American Typewriter - office supplies 163.56 86366 Satellite - 4 homes flooded 210.00 96367 Communications Specialists - Fire Dept. radio service 310.11 86368 Insta.11ert - Fire dept. 57.98 86369 General, Safety - Fire Truck -grass rig unit 5,540.00 86370 General Communications - radio repair 39.80 86371 Motorola Inc, - Fire Dept. radios 597.39 86372 Davies Water Equipment - Castle Design project 168.20 86373 thru 86384 August 16th payroll �7,000.00 Totals $ 74,137,15 LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1985 Mayor Morgan called the meeting to order at 7:03 p.m. in the council chambers. Present: Armstrong, Christ, Dunn, Mazarra, Acting Administrator Banister, City Engineer Bohrer and City Attorney Knaak. 1. Agenda M/S/P Morgan/Mazarra - to approve the agenda for the August 6, 1985 City Council meeting as amended, 5J. Municipal Aid 5-Year Update, 7G. Resolution Amendment with Ramsey -Washington Counties Cable Commission Joint Powers Agreement, 7H. 3-2 Liquor License for Huff n' Puff Days, and 71. Newsletter Editor. Minutes M/S/P Armstrong/Christ - to approve the July 16, 1985 City Council Meeting Minutes as presented. (Motion carried 4-0-1<Mazarra>). M/S/P Dunn/Armstrong - to approve the July 24, 1985 Lake Jane Pumping Public Hearing as amended. (Motion carried 4-0-1<Mazarra>). 3. Claims M/S/P Christ/Armstrong - to approve claims 86322 thru 86384 as presented. (Motion carried 5-0). 4. Public Inquiries A. Rod Toft, 2764 Legion Avenue to discuss problems on Legion Pond. Dan Collyard, 2814 Legion Avenue, stated as of July 24, 1985 the pond elevation was 885.46 which was determined by an independent survey company hired by the concerned residents of Legion Avenue. For six families their septic systems are almost inoperable because of the high water. Some guidelines were suggested and will be looked into: 1. stop pumping of Lake Jane and any other bodies of water which contribute to the ground water table, 2. moratorium for all development of parcels of land adjacent to Legion Pond between County Road 17 and County Road 15, between 30th St. and the north end of Eden Park, 3. direct the flow of runoff water from Legion Avenue to a new culvert along 30th St. connecting to the storm sewer under Cty Rd. 17, 4. fill an area at the end of culvert between Zetterlund and Johnson as promised in 1980, 5. check all test wells that City Engineer Larry Bohrer put in in 1980. Questions were asked as to what happened to the 201 and the 509 Programs and why hasn't the Watershed District heard of Legion LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1985 Page 2 Pond. Bohrer answered that the 509 will not provide any direct relief for Legion Pond. In other words, there will be no pipes coming out of Legion Pond into this downstream system that the Watershed District is going to construct because they consider the Legion Pond situation a local concern not a district -wide concern, whereas, the other chain of lakes the water comes from or goes through more than one community. The City did request that any downstream pipe or channel down from Lake Elmo be sized that conceivably in the future we could put Legion Pond water in there. Paula Green asked if anything will be done this summer and was answered that the 509 Program will not be on -going this summer. 5. City Engineer's Report A. Public Hearing -Russell Anderson, 4891 Olson Lake Trail for variance to code and Shoreland Permit. Pursuant to published notice, this public hearing was called to order by Mayor Morgan at 7:45 p.m. in the'Council chambers. Mr. Russell Anderson is proposing two improvements to his home at 4891 Olson Lake Trail. Firstly, he would like to replace his failing drywell with a drainfield, and secondly, he would like to construct a detached two car garage. Shoreland regulations apply and variances are requested for the garage setback. Mr. Anderson feels that the hardship was that there is an existing stone retaining wall and walkway, etc. that would prevent the garage from being placed closer to the home. Mr. Anderson has a statement from his neighbor, Neil Wales, to the south who would be directly affected stating that they would have no problem with this variance. City Engineer Bohrer recommended issuing a shoreland permit for the septic system improvements in accordance with our revised size computations and septic tank recommendations previously given. Actual pert tests must be conducted on the lot if not previously done. If a side yard setback variance is granted, it should be conditioned that the south property line be established by a land surveyor or other qualified person to the satisfaction of the building inspector and that no part of the garage, including eaves, be closer than the setback allowed by the variance. M/S/P Morgan/Armstrong - to grant a shoreland permit and a side yard setback to Russell Anderson at 4891 Olson Lake Trail for a garage of no less than 5 feet from the lot line and conform to the recommendations of the City Engineer stated in his 8/6/85 letter. (Motion carried 5-0). B. Large Lot Subdivision for Gordon and Betty Lundholm, 2737 Lake Elmo Avenue N. LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1985 Page 3 Mr. Lundholm proposes to subdivide his property presently consisting of two parcels into three lots. The newly created southerly lot, including existing parcel 0360 would contain 1.5 acres + of which 1.0 acres would be east of Lake Elmo Avenue and considered to be the buildable portion. The lot which would contain Lundholm's house would consist of 6.75 acres exclusive of right-of-way. The easterly lot would contain approximatley 7.35 acres, most of which is covered by Legion Pond. A concern of the City Engineer was with the creation of an easterly lot with undetermined building area should not be allowed until it can be shown it is buildable. The waiver of platting requirements is a policy decision. The City Engineer reviewed the contour map and based on this there would be more than an acre of dry land. Mr. Lundholm believes the 30 foot wide half right-of-way for Legion Avenue extension along the east line has been provided ten years ago and should be in the minutes. Council will table the division of parcel 0370 until a survey and. road frontage is presented. M/S/P Morgan/Dunn- To adopt Resolution 85-25 granting a large lot subdivision to Gordon Lundholm, 2737 Lake Elmo Ave. N. to increase the size of parcel 0360 so that it is approximately 1-1/2 acres and to add the small parcel, 0360 to parcel 0370 where it rightfully belongs based on the City Engineer's recommendations stated in his letter dated 7/22/85. (Motion carried 5-0). C. Rezoning and Large Lot Subdivision for Frank and Arlene Meyer and Robert Meyer in Section 3 (off of Keats Ave.). City Engineer Bohrer stated that there are no variances needed and has no problem with the rezoning. There are no alternatives without a variance and when the applicant found out that a variance would be required for that Mr. Meyer felt that he would rather not go through the variance procedure and this is the configuration he came up with. M/S/P Morgan/Christ - to adopt Ordinance 7972 amending the Lake Elmo City Ordinance, The Comprehensive Plan and the Zoning Map for Frank and Arlene Meyer in Section 3. (Motion carried 4-1<Armstrong>). M/S/P Mazarra/Dunn - to adopt Resolution 85-26 granting the large lot subdivision for Frank Meyer in Section 3. (Motion carried 4-1<Armstrong-does not like the awkward configuration of the lots>). D. Shoreland Permit for Quigley Construction for Lots 3 and 4 DeMontreville Highlands 5th Addition. These are for two cul-de-sac lots in DeMontreville Highlands 5th LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1985 Page 4 Addition. They can meet all of the requirements of the Shoreland regulations except lot size. At the time it was platted the lot size requirement was one acre and this would require a lot size variance for the shoreland permit. John Stine from the DNR has indicated that he has no concerns with this application. M/S/P Christ/Mazarra - to grant a shoreland permit for Quigley Construction for Lots 3 and 4 DeMontreville Highlands 5th Addition. (Motion carried 5-0). E. Simple lot division and site plan approval for Lake Elmo Physicians Clinic proposed for Lots 1 and 2, Brookman Addition. Maplewood Family Physicians already have two clinics and here they would begin with 2-3 doctors , but it is designed for a four doctor facility. The existing building, Stouvenel Bldg., which will remain as a lease space, and the clinic will be 4,500 sq.ft. and an additional lease space of approximately 2,600 sq.ft. Presently, the client is pursuing a possible drug store or some compatible facility with their building. Rick Christenson feels that the final set of plans will be in next week to make application for a building permit and after negotiating with the contractors constrution will be ready to begin sometime in September. City Engineer Bohrer stated that it meets all the requirements, no variances are needed and it's real clean. M/S/P Christ/Mazarra - To adopt Resolution 85-27 approving the simple lot subdivision for the Lake Elmo Physicians Clinic proposed for Lots 1 and 2, Brookman Addition. (Motion carried 5-0). Bohrer pointed out that the ordinance requires only one principle structure and what the applicants are hoping to do is by this facade to tie the buildings together and have that qualify as meeting this requirements. Christenson commented that it would be an asset to the community to dress up the existing building and tie it in with the appearance of these buildings rather than to spend their budget to tie into it and bring the building up to all the codes and gut it at this point in time. His clients will begin by dressing it up on the outside and at a later date, if tenants left, they would dress it up for the new tenant. Armstrong pointed out that this building has never been filled. Christenson was aware of this, but feels that once you get a clinic here it will generate interest and there is a good chance that someone would like to open up a drug store. Bohrer stated when the improvements to Brookman Addition and this pond were constructed they were designed on the basis of having up to 67 percent of the lot area being covered with an impervious surface and this exceeds it somewhat, 70 percent. Since the LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1985 applicant owns the other lot he has proposed to put restriction on this lot that will provide for that green space. Christenson said that he had a letter lawyers drew up regarding this issue. Page 5 a convenant or compensating his client's There is sufficient area for the septic system of the new building, but an alternate system is needed for the primary building and for the existing building. There is sufficient area for the alternate system for the new building, but he questions the computations for the alternate for the existing building. Using the square footages, 58 parking spaces are required. The original proposal has 56 parking spaces and Christenson sees no problem with adding two more spaces. With rearrangement of the lot the highway becomes the front, as opposed to the side. This makes the building within 20 or 30 feet off the highway and 50 feet is required for a front yard setback. Therefore, a front yard setback variance would be required for that existing due to the rearrangement of the lot lines. With the entire green area being used up as drainfield, there would have to be some special requirements for snow removal. The applicant would have to haul the snow out or plow it out to the vacant lot because he cannot deposit it on the drainfield. Bohrer has not seen any drainage plan on how the drainage can get to the parking lot to the pond. Christenson replied they are still working on it. M/S/P Christ/Morgan - to approve the site plan for the Lake Elmo Physicans Clinic for Lots 1 and 2, Brockman Addition contingent upon City Engineer Bohrer's recommendations. (Motion carried 5-0). F. Landfill Contamination discussion with Commissioners Schaeffer and Evert. Mike Ayers, Washington County Assistant Director of Public Health, explained to the Council that there was a temporary stalemate over the issue of the pumping capacity necessary to service the area that we determine to be the impact area through our advisory committee. The Ramsey and Washington Counties have recommended of 200 gal. per min. which would meet the minimum, but the pumping capacity may be too small. The pumping capacity of 700-900 (gpm) recommended by City Engineer Bohrer would exceed the minimum system requirement. In turn, they felt that pumping capacities of 300-370 (gpm) that would adequately service the area and will propose this to the two county boards. Morgan asked if there was an agreement for a pumping capacity of 300-370 gal. per minute would be acceptable, what would be a time table on how quickly we could get started. Ayers replied contingent on the ability of getting the two county boards together and a satisfactory resolution on the pumping capacity issue and those of the city's question of operation maintenance LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1985 Page 6 costs and property owners releasing the counties liability caused by well contamination could be sometime in September or October. The estimate for the system to be in operation is 1986. Ayers was very pleased with the effectiveness of the gradient control well decontamination system at the landfill. He said one well is still contaminated and one other shows trace contaminants. G. Lake Jane Pumping Program At a July 24 public hearing, the Council explored the following alternatives: pumping Lake Jane to Shafer Gravel Pit; excavating Shafer Pit to hold more overflow water; excavating Lake Jane shoreline, using excess water to irrigate nearby croplands, and pumping to another location, since the holding capacity of the Shafer Pit is limited. The Council discussed pumping Lake Jane overflow to a depression on Mervin Nippoldt's property, south of the landfill or to Breschens' Pond, southeast of Lake Jane. City Engineer Bohrer recommended continued pumping of Lake Jane until December or depending on weather it might go further. This would also depend on the elevation of City Park Pond. He estimated by then the lake's level should be lowered to 922, two feet below flood stage. Before pumping continues beyond October 1, as permitted by the Valley Branch Watershed District (VBWD), the city must obtain permits from the VBWD and the Minnesota Department of Natural Resources. Tom Armstrong, 8291 15th St. N., stated that the reason the 509 Program is bogged down is clearly the funding. The 509 Committee voted to put it on the mill rate and the County Board did not agree and sent it back. The 509 Committee has not been called for a meeting and pressure should be put on the VBWD to start holding meetings at least once a week to get this job done. Christ stated he would like to see the Lake Jane people petition and only assess them and not the Olson and DeMontreville lake property owners. Morgan suggested that the City Engineer look into pumping into Berschens' Pond. M/S/F Morgan/Mazzara - to apply for a permit to pump Lake Jane overflow to a depression on Mervin Nippoldt's property. (Motion failed 2-3<Armstrong, Dunn, Christ - too many unknowns so cannot support it>). H. Castle Design drainage City Engineer enlightened the Council that he has been contacted by one of the residents, Mary Brown, northside of 50th, and they believe this will cause problems in the spring. They feel the city should be liable if the swamp should increase in height because of the closing. Alternative would be to construct LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1985 Page 7 a storm sewer on the east side of the road, but this would be beyond the capabilities of the maintenance crew. Council will wait and see what happens. I. 201 Program - Step 3 Agreement The Pollution Control Agency has a few comments: they suggested the duties of the resident engineer and inspectors to be outlined and wants signatures of TKDA and the City which would mean that the city has reviewed this cost price summary and the proposed cost price appear acceptable. Maynard Eder, 9275 Lake Jane Trail N., brought to the Council information of grant funds available for a possible effective way of resolving the water quality problem. M/S/P Morgan/Armstrong - to authorize Acting City Administrator Marilyn Banister to sign the 201 sewer improvement step 3 engineering services agreement. (Motion carried 5-0) The PCA has asked to pass a resolution to contain: that the city understands what the latest cost estimate is, which was outlined, to address that the city still desires to proceed, and address where the local share will come from which will be assessments. The City Engineer will prepare the document for the Council to sign. Bohrer would like to begin the process of selecting an appraiser and appraising the eight parcels. Council directed him to put out bids. J. MSA Update for 5-Yea'r Plan The State has made a projection on the MSA Funding which would be $137,570 and Bohrer referred to his handout of the 5-year plan and how it has been updated because of financial resources. M/S/P Christ/Morgan - to accept the Municipal State -Aid Street System 5-year construction plan. (Motion carried 5-0). 6. City Council Reports 7. City Administrator's Report A. Street Light Policy Street light policy guidelines which include: a petition should be presented to the City Engineer for Council consideration, and 75 percent of residents within 300 feet of light location agree_ to -pay --installation costs with the City paying the electric bill as approved. M/S/P Morgan/Mazarra - to adopt street light policy and procedure LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1985 Page 8 approved dated August 6, 1985. (Motion carried 5-0). B. Assessment Hearing On Tuesday, September 10, 1985 at 8:00 p.m. an assessment hearing for the 1984 street improvements is scheduled. C. City Administrator - Interview Process An interview process for the top applicants will be scheduled for Tuesday, August 20, 1985 at 5:00 p.m.. D. Police Contract with Washington County The total estimated contract cost is $77,152.47, a 1.59 percent increase over the 1984 contract. This increase is a result of higher police salaries, clothing allowance and insurance. M/S/P Mazarra/Armstrong - to approve the 1985 Washington County Police Contract. (Motion carried 5-0). E. Complaint letters from residents. Representatives of the concerned eight Lake Jane Trail homeowners were in front of the Council to complain about noise caused by rowdy parties at a Lake Jane common lot which is owned by the Lake Jane Access Corporation. Robert Logue, 4388 Jackpine Tr., is one of the owners of the lot and told the complaintants he was not aware of the problem until he received a letter from the City and said the corporation wanted to be good neighbors. The Council directed City Attorney Knaak to draft a letter to the lot owners informing them such parties are in violation of the city noise ordinance. M/S/P/ Morgan/Mazarra - to extend the Council Meeting to 11:20 p.m. (Motion carried 5-0). Jan Olson, 5361 Hilltop Ave. N., represented 21 DeMontreville residents, told the Council bug zapper noise is disturbing their sleep. According to a section of the noise ordinance, the decibel level of bug zapprs, measured by the Minnesota Pollution Control Agency at between 56 to 64 decibels, 150 feet away from the unit, exceeds the 40 decibel level during the hours of 10 p.m. until 7 a.m, and this ordinance can be enforced. Olson gave out a letter from the University of Minnesota entomologist Jeffrey Hahn questioning the mosquito control effectiveness of zappers. The Council directed the City Attorney to send a similar in violation letter to the bug zapper offender and to put a notice stating that bug zappers exceed the noise ordinance in the Newsletter. F. Gene Seidow - Lake Elmo Molds This will be tabled for the Council Meeting on August 20, 1985. LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1985 Page 9 G. Resolution amending the Ramsey -Washington Counties Cable Commission Joint Powers Agreement. M/S/P Dunn/Morgan - to approve the amendment that deletes requiring the Commission treasurer and one other officer to sign checks. (Motion carried 5-0). H. 3-2 Liquor License for Huff n' Puff Days M/S/P Morgan/Mazara - to grant a 3-2 liquor license to the Lake Elmo Jaycees for the Huff n' Puff Days August 8-11, 1985 and to waive the fee. (Motion carried 5-0). I. Newsletter Editor M/S/P Morgan/Dunn - to approve advertising for a Newsletter Editor in the Ramsey County Review and the White Bear Press. (Motion carried 5-0). M/S/P Morgan/Dunn - to adjourn the City Council Meeting at 11:20 p.m. (Motion carried 5-0). Resolution 85-25 - granting a large lot subdivision to Gordon Lundholm. Resolution 85-26 - granting a large lot subdivision for Frank Meyer. Resolution 85-27 - granting a simple lot subdivision for the Lake Elmo Physicians Clinic Ordinance 7972 - Rezoning for Frank and Arlene Meyer -------------------------------- Amended 8-20-85 Page 6 - G. M/S/F Page 7 - I. quality Page 8 - D. 1.59 percent 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 6, 1985 7:00 p.m. Meetings Convenes 1. Agenda 2. Minutes: July 16, 1985 3. Claims 7:15 p.m. 4. Public Inquiries A. Rod Toft, 2764 Legion Ave. to discuss problems on Legion Pond. B. Other 5. City Engineer's Report 7:30 p.m. A. Public Hearing - Russell Anderson, 4891 Olson Lake Trail for variance to code and Shoreland Permit. 7:45 p.m. B. Large Lot subdivision for Gordon and Betty Lundholm, 2737 Lake Elmo Avenue N. 8:00 p.m. C. Rezoning and Large Lot Subdivision for Frank and Arlene Meyer and Robert Meyer in Section 3 (off of Keats Ave.) 8:15 p.m. D. Shoreland Permit for Quigley Construction for Lots 3 and 4 DeMontreville Highlands 5th Addition. 8:20 p.m. E. Simple lot division and site plan approval for Lake Elmo Physicians Clinic proposed for Lots 1 and 2, Brookman Addition. ----------------------- BREAK ----------------- OVER 8:45 p.m. 9:00 p.m. F. Landfill Contamination discussion with Commissioners Schaeffer and Evert. G. Lake Jane Pumping Program H. Castle Design drainage I. 201 Program - Step 3 Agreement 6. City Council Reports 7. City Administrator's Report A. Street Light Policy B. Assessment hearing - time and date for 1984 Street Improvements. C. City Administrator - Interview Process D. Police Contract with Washington County E. Complaint letters from residents F. Gene Seidow - Lake Elmo Molds