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HomeMy WebLinkAbout11-19-85 CCM'1 -'oi N !1 ,v�.. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1985 Mayor Morgan called the City Council meeting to order at 7:02 p.m. in the City Council Chambers. Present: Armstrong, Dunn, Mazzara, Christ, City Administrator Overby, City Engineer Bohrer, and City Attorney Knaak. 1. Agenda 4E. Derrick Land Fill Permit Request, 4F. Lake Jane Pumping and Sunfish Park, 7A. Joint Meeting between the Planning Commission and City Council, 7B. Composting, 8C. Maintenance Employee Recommendation, and 8D. Christmas Party Roster. M/S/P Morgan/Armstrong - to approve the agenda for the November 19, 1985 City Council Meeting as amended. (Motion carried 5-0). 2. Minutes - November 5, 1985 M/S/P Dunn/Mazzara - to approve the November 5, 1985 City Council Minutes as amended. (Motion carried 5-0). 3. Claims M/S/P Christ/Mazzara - to approve claims 86672 thru 86717 as presented. (Motion carried 5-0). 4. CITY ENGINEER'S REPORT A. 201 Program: Consider Bids for Emergency Septic Systems A week ago ten invitations for bids were sent out to local contractors for installation of the four septic tanks for the people that are on the satellite toilet faciities. The deadline for bids were 2:00 p.m. today and no bids were submitted. Bohrer contacted several contractors and found that the reason they did not submit a bid was because they had enough work under contract already and were trying to finish this work before freeze up. Bohrer suggests that they put hay or straw bales to insulate the areas where the tanks are to go which would give us more time. Estimated cost is below $10,000 so Bohrer will expand his search area out of Washington County and contact some of the contractors that have done good work for us before and try to solicit quotes from them. Bohrer asked if the City Council would give authority to award the quote to the City Administrator which will save some time rather than waiting until the December 3rd Council Meeting for approval. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1985 PAGE 2 M/S/P Christ/Armstrong - to grant permission for the City Administrator to award the bid for the four septic tank installations. (Motion carried 5-0). B. Shoreland Permit: Request from Ronald W. Nelson, 4565 Olson Lake Trail Mr. Nelson is proposing to construct an addition onto his existing home at 4565 Olson Lake Trail. Since this lot abuts Olson Lake, Shoreland Regulations apply. This new addition will not physically interfere with the location of the existing septic system. A new bedroom will be added in the new addition, but the applicant plans to eliminate one bedroom in the existing house and turn it into a den. There should be no net effect on the septic system. Bohrer stated that no variances are required, but recommends that the permit approval be conditioned on the elimination of one existing bedroom so that the addition will have no effect on the septic system. M/S/P Christ/Dunn - to approve the shoreland permit for Ronald Nelson at 4565 Olson Lake Trail on the condition stated by Larry Bohrer in his letter dated November 14, 1985. (Motion carried 5-0). C. Final Plat Approval: Tartan Meadows 2nd Addition, Willard Morton The first addition has been completed and now Mr. Morton has submitted a final plat for the second addition. There are no significant changes from the original 1981 plat; therefore, a new preliminary plat is not required. A temporary cul-de-sac is required at the west end of 12th street to allow vehicles and snow plows to turn around. A permanent easement will be required for this cul-de-sac. If 12th Street is extended west in the future, this cul-de-sac will be removed and the permanent easement vacated. The Planning Commission had asked if this cul-de-sac could be Class 5 rather than tar, but Bohrer recommended that it be blacktopped because it will be there for an indefinite period of time. For example, in Foxfire the cul-de-sac.s have been in service for six years and only one of them is just being extended and eliminated now. City Engineer Bohrer recommends that the final plat for Tartan Meadows 2nd Addition be approved, subject to the addition of the permanent roadway easement as described above. Bohrer advised that after Mr. Morton executes the Developer's Agreement, furnishes the required security, and furnishes the easements for the cul-de-sac, the City Administrator and the Mayor may sign the plat and allow it to be recorded. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1985 PAGE 3 M/S/P Armstrong/Christ - to adopt Resolution 85-42 approving the Final Plat for Tartan Meadows 2nd Addition contingent upon Larry Bohrer's recommendation stated in his letter to the Planning Commission dated November 7, 1985. (Motion carried 5-0). D. County 19B - Request by Dick Herald to discuss project with the Council Dick Herald, Washington County Engineer, and Donald Wisniewski, Public Works Director were before the City Council with plans for realignment of County Road 19B. The County is now in the final design stages of this project and is ready to purchase right-of-way. Because of finance shortages, the staging of construction has changed slightly. The grading will be done in 1986 and the pavement construction is scheduled for completion in 1987. Wisniewski noted<that in 1984 a state law was passed which allows counties to assess within the city boundaries if the city is in agreement with it. However, when the law was written an oversight in the definitions within the body of the law was made which will prevent the County from making these assessments until this discrepancy is corrected during the next legislative session. In the meantime, they asked the City to consider either joining with the County as a joint project, or to pass a resolution allowing the County to assess these costs, which at this point is the only way these assessments can be made. There is some benefit to the City because of the fact that it does open up some lands on either side of County Road 19B for future development. The percent for assessing benefits that was discussed was 10 percent. There is one property owner, the Hammes', that Washington County made a settlement on right-of-way where it was in agreement to not assess that property. In fairness, they would have to put an assessment on that property and the County or City would have to say no assessments on it and take it off the cost reimbursement. The City Council felt that this construction is being done primarily to access the Regional Park and they do not see the benefit to the City at this time. The Council asked the City Attorney, City Administrator and Planning Commission to research the subject and provide recommendations or discussion with the County at a Council meeting in January. E. Derrick Land - Fill Permit Request This is a continuation from the November 5, 1985 City Council Meeting. The proposal is to remove about the top foot of existing soil in the front yards of four lots in DeMontreville Highlands 3rd Addition. The plan shows the fill soil that will be brought in as an acceptable area for septic system constructon which would be filled to a height of elevation 979 which will be the same in LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1985 PAGE 4 all four cases. One of the concerns of the City Council was the visual impact of the neighborhood, so Bohrer asked the applicant to shoot with an engineers level the elevation of the street and then the existing houses that are around the area to get a comparison. The new front yards that are proposed to be filled are approximately 7 feet above the street level. The elevation is 979 at the top of the hill areas and above elevation 972 in the street. Comparing that with the existing house immediately to the north, the garage floor is 979.4 which is 7.4 feet above the street. On Lot 5 the garage at 978.9 is about 7 feet above street level. On Lot 4 the garage would be 10.9 feet above street level and first floor 12.2 feet above street level. On Lot 3 the garage is 7.7 feet above street level and the first floor is 12.6 feet above street level. Bohrer stated that from an elevation standpoint, it would appear that the front yards of these lots would not be higher than the front yards of the developed lots. John Hartman, Lot 1 across the street, stated that the elevation is dramatically different and his elevation goes up only slightly to the street. Lot 1 and Lot 2 both have houses that would be right along the street level. Andy Rolling, lot 4 directly across from the lots, has a setback of 150-160 feet back from the road. Dave McCall, Lot 3, has a 150 foot setback from the road. F Bohrer stated that the setback distance necessary for the house to stay out of this proposed fill on the septic system for Lot 3 would be at least 120 feet back from the curbline. Mr. Gary Bance's house is 76 feet back from the right-of-way and about 90 feet from the curbline. Mr. Bance expressed that the garage is north of the slab, but a section of the slab is in the front so this would be 100 feet from the curbline. The applicant has proposed to keep the lot levels low enough to pass any drainage from the back yard out into the street. There is no filling or grading proposed in the rear of the lots. It appears from the contours that going east of these lots, which is DeMontreville 6th Park, the land does slope away and there is a large culvert under Highlands Trail and goes to a pond. A statement was made that water runs across these lots and it appears that some may generate from the backyards of these other lots, but it doesn't appear that it could run from the park across Lots 1 and 2. The visual impact of the existing houses slope somewhat uniformly from the street. The landscaping would not be done until the houses are built. The top soil would be stripped, fill hauled in, and top soil placed back over the prepared areas. Bohrer advised that the soil which would account for the treatment area would be hauled in, and he has looked at the soil and it appears to be adequate. The final test is in the spring when they LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1985 PAGE 5 would have to perform percolation tests and soil borings to make sure that the water level stays where the applicant thinks it will. The natural ground of the four lots appeared to be filled during the subdivision process. Andy Rolling presented documentation voicing the neighbors' concern about the safety and suitability of these four lots to accept such a system. Bohrer advised that a definiton of a mound is a treatment bed in an elevated location where just a minimum of 1 foot of sand is required under this bed and it can be within 2 feet of the groundwater table. Mounds as defined by the City code are not permitted in a first time installation. They are only allowed for a replacement system. The code does allow the adding of fill to provide the separation from the groundwater table, and after a settling period and proper testing, a. conventional trench type drainfield is allowed to be constructed in this type of first time installation. Christ - the area was a swamp at one time and this individual bought it, filled it in with hopes that he could take swamp land and make it buildable, but it didn't work. He suggests Derrick dig it out and put the correct fill in. Armstrong - doesn't feel that there is any way that water can seep through it because it is a swamp unless possibly a seal can be broken. Gary Bance - what they are showing on the plot is actually level with the back of his yard. Then they are showing a slight slope coming down the side on the otherside of the lot so the water is running down there and hitting a level spot for 125 feet. But then they are taking it out between the next two lots, and he has doubts as to how well that is going to work. His backyard right now is a bog because he has areas that do not have enough drainage. Bance would like some kind of assurance if he gets water problems because of this additional fill that such problems would be corrected. Bohrer was asked if this would be a safe corner. He hasn't reviewed it specifically for it being a safe corner, but there is a stop or yield sign there. The fill would not be in any line of sight for traffic. Thera is about a 247 boulevard with no fill on the boulevard and a 10' or 12' utility easement beyond that. Bohrer - it cannot be determined at this time what the floor levels of these houses will be. Kurt Laughinghouse, Derrick Land - The slopes that are proposed are very gentle and not the same as across the street, but they are similar to those on the east side of the street. The sharpest slope is on the south side of Lot 4 where they have a drainage swale proposed, and that slope is a 3 to 1 slope so that it can be mowed with a riding lawn mower. Dunn - if you pulled out some of the existing soil that you LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1985 PAGE 6 already put in there and brought in suitable soil for the drainfield and keep the elevations down, wouldn't this be more acceptable. Bohrer said this had been discussed and a question arose if you dug through the bad soil could you get rid of the water, and it appeared to the soil scientist and Derrick that this would be the most feasible alternative. Laughinghouse stated they could not get the separation of 5 feet from the groundwater so they are limited in most cases to only a foot of the top soil. City Engineer has the following recommendations: 1. The work should be done and the fill placed in accordance with the letter that we received from soil test dated November 1, 1985 which is a detailed explanation of the fill procedures. 2. Roger Johnson from Soil Test be present when this work begins and at various stages while the work is progressing. 3. City Engineer Bohrer will make periodic site visits. M/S/P/ Morgan/Armstrong - 4. If these lots are determined not to be buildable, Derrick Land Company will restore the lots to the original condition as when the plat was accepted by the City. (Motion carried 5-0). 5. The site be filled in accordance with the grading plan that has been submitted. M/S/P Morgan/Mazzara - to approve the Derrick Land Fill Permit for Lots 1, 2, 3 and 4 in Block 2, 3rd Addition of Demontreville Highlands. (Motion carried 3-2<Christ,Dunn2). Armstrong - Her reason for voting for it was based on the City Engineer's viewpoint that this would work and because she has a lot of confidence in City Engineer Bohrer. F. Lake Jane Pumping and Sunfish Park Dick Murray, Secretary of the VBWD, advised the City Council that they have been pumping Lake Jane all summer long. On May 3, 1985 they have installed a bigger pump and this pump has only been shut off for ten minutes since this date. During this time, Lake Jane has gone from flood elevation 924 to 926.5 in mid -summer and now the lake is at 924.5. The agreement with the City was to turn the pump off on November 14, 1985 or when there was significant snowfall that would allow cross-country skiing or when City Park Pond reached an elevation of 912 feet. Last Saturday City. Park Pond reached this elevation and has been coming up at a rate of 2 inches a month for the past three months. Because of the high water that is on Lake Jane and the prospect of additional flooding when we get our spring snow melt, VBWD would like to continuetooperate the pump as far as LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1985 PAGE 7 into the winter as they can. Mr. Murray, Sue Dunn and Arlyn Christ visited Sunfish Park and found two locations where the pumping activity is causing a problem wih the cross-country skiing. One spot is where the waters flow into City Park Pond from upstream and the other is a low area on the eastern end. Mr. Murray and Councilman Christ had figured out that they could install some pipes and cover over these channels with earth and restore the ski trails to their original condition. Pumping through the winter would depend on what the pump manufacturer recommends regarding what would happen to this equipment if they had a power outage or failure of the pump. A recommendation from the Parks Commission was to close Sunfish Park in its entirity due to the impact on the.trails and the safety concerns. Even if it is closed at the gate, snow fence should be around some of the lower trails and keep the higher trails opened. The City Council felt it was too early to decide to close Sunfish Park, but a possible compromise could be made. A suggestion was made to pump another 2 or 3 inches until December 15, 1985 and review it at that time. In the meantime they will install the culverts and the necessary warning signs and snow fence. The VBWD does have some extra 8 inch pipe that could be used. 5. CITY ATTORNEY'S REPORT - A. Municipal Administrative Procedures and Legal Liability The City Council. gave authorization for the City Attorney to work with the City Administrator to develop a set of procedural guidelines for use by the City Staff, Consultants, Council members and Planning Commission members. These guidelines would clarify the proper methods for the City to handle and respond to general inquiries or specific requests for rezoning and variances. B. Taylor-Mazzara Petition City'Attorney Knaak advised the City'Council-of a 1965 Attorney General opinion. The City's interest is not as a fee owner, but is as the proprietor of a public interest so the City does not own that. In order to vacate already designated property even though it is not platted, the interested persons have to do two things. One route is through District Court, and the indication is there can be no vacation between lots, blocks, plats unless it appears that the street or alley or part, thereof, sought to be vacated is useless for the purpose for which it was laid out. The preferred route is the petition to the City Council and bypassing the Court. When a petition is made by a majority of owners of land abutting the street that is sought to be vacated, LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1985 PAGE 8 the City Council can by majority vacate provided that they find that the vacation of that particular parcel is in the public interest. Knaak could not find a definition of what a public purpose is because there is.none, so it.would,lop a detepmination on a case basis. If the City vacates, the adjacent landowners own the fee under the street subject to an easement. The City is giving up the easement and the landowners get the full unrestricted use of the property. Because it is specified in the deed, the full 33 foot easement is over one parcel which belongs to Mr. Taylor. City Attorney Knaak recommends to leave the matter as it stands now because he does not see how the City's legal interests are advanced in any way. M/S/P Morgan/Armstrong - to accept the City Attorney's recommendation to leave the matter as is. (Motion carried 4-0-1<Abstain-Mazzara>). 6. PLANNING AND LAND USE A. Section 32 Land Use Concept Map The Planning Commission has recommended that the City Council approve the future land use map for Section 32/33. The terms have been changed to be compatible with the future land use terms in the comp plan. The 23 acres were added to the section of Highway Commercial and a section of 17 acres was designated medium to high residential and a section of 11 acres to office and commercial. M/S/P Dunn/Morgan - to approve the Revised 11/85 Land Use Concept Plan for Section 32 and West 1/4 Section 33 for the purpose of the City Engineer's feasibility study. (Motion carried 5-0). 7. CITY COUNCIL REPORTS A. Joint meeting between the City Council and the Planning Commission Rob Chelseth has been addressing the comp plan with the Planning Commission. Councilwoman Armstrong suggests a combined meeting to discuss the preliminary work of the comp plan. An agenda will be set Up for a combined meeting on the third Monday in.January. B. Composting Councilman Dunn reported that the composting site was not open the last scheduled weekend because of the snowfall. The question was asked if this compost site should be opened another weekend to make up for the lost weekend:. It was suggested to stay on the original schedule and close the compost site November 17, 1985. 8. CITY ADMINISTRATOR'S REPORT LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1985 PAGE 9 A. Comparable Worth Study City Administrator Overby handed out the Comparable Worth Study and stated that we are on track with what the basic requirements are according to the State law. The City Council will look over this handout and call the City Administrator if they have any questions. B. Legion Pond Update Mayor Morgan distributed a handout of calculations that he made regarding the pumping of water from Legion Pond. This report should be kept on file and a copy given to the VBWD. The pumping ended on Sunday, November loth, 1985 and the total decrease in water level as of that day was 14.0 inches. The conclusion could be made based on these calculations that the pond dropped right down and up to this point it has not come up much. City Administrator Overby advised that a request was made from homeowners on Jamaca Court North if it would be possible to lower the level of Beutel Pond. He has discussed this with the City Engineer and Dan Olinger and this can be done if they meet the two permit requirements and notify the DNR. City Engineer Bohrer stated that it was found that the 4" plate on Eagle Point was removed and this will be replaced. C. Maintenance Employee Recommended City Administrator Overby and Dan Olinger have looked at 40 applications and interviewed seven applicants for the Maintenance position. Michael Bouthilet, Oakdale, was recommended to be hired and to begin work on Monday, November 25, 1985. Mike has attended the University of Wisconsin -River Falls studying Parks and Recreation and Lakewood Community College where he studied truck driving and air and water analysis. D. Christmas Party Roster The Christmas Party Roster was handed. out to the City Council for them to review and to call the City Office with any additional names. The Christmas party will start at 6:00 p.m. on Friday, December 20, 1985 in the City Council Chambers. M/S/P Dunn/Morgan - to adjourn the City Council Meeting at 9:46 p.m. (Motion carried 5-0). Resolution 85-42 - Final Plat for Tartan Meadows 2nd Addition, Willard Morton CLAIMS TO BE APPROVED AT NOVEMBER 19, 1985 LAKE ELMO COUNCIL MEETING 86672 Gov. Training Service - Planning Seminar (6) people $ 240.00 86673 MAMA - Bob Overby meeting 9.00 86674 MN Assn of Urban Municipalities - Bob seminar 40.00 86675 Gov. Training Service - planning seminar (1) 40.00 86676 First Nat'l Bank - 1983 Street Imp. bond payment 77,657.25 86677 City of North St. Paul - Animal control vehicle 150.00 86678 Lillie Newspapers - maint. worker ad 45.50 86679 Junker Sanitation 45.00 86680 Satellite Industries - flooded homes 74.29 86681 Planning & Development Services - Rob Chelseth 10/7 mtg. 122.50 86682 Binder Printing - Business cards Bob & Jim 80.00 86683 American Typewriter - office supplies & table 115.80 86684 Fire Engineering- Fire Dept. 3yr subscription 38.00 86685 Smoke Eater - Fire Dept. subscription 15.00 86686 PAIN Correctional Industries - Fire Dept. Printing 267.97 86687 General Communications - Fire Dept. misc. supplies 10.08 86688 Fran Pott - Chief's Conference in Duluth 229.50 86689 Kunz Oil Co. - Fire Dept 33.60 86690 Lake Elmo Oil - Fire Dept. $ 67.28 Maint. 59.06 126.34 86691 Yocum Oil Co. - Maint. Dept. drums 348.64 86692 Wash. County - Signs installed $ 317.46 Grading - 4.5 hrs 164.25 481.71 86693 Truck Utilities - Maint. Dept. Warning light for truck 120.00 86694 Lakeland Ford - Maint. Dept. truck repairs 44.68 86695 Boyer Trucks - Maint. Dept. truck parts 106.14 86696 Road Machinery & Supplies - Truck parts 209.75 86697 ABM - Maint truck parts 46.07 86698 MCI Airsignal - Maint. radio 24.00 86699 T. A. Schifsky - MC mix 33.22 86700 Hagberg's - Maint misc supplies 24.42 86701 Action Rental - Maint equip rental 8.48 86702 Hardware Hank - Maint. Dept. misc. supplies 82.78 86703 Bryan Rock Products 217.75 86704 Barton Sand & Gravel 41.84 86705 Schwantes Service - Maint. garage htg repair 60.00 86706 thru 86717 November 22nd payroll 6,971.23 TOTAL ' '$' '88'i16'0.54 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 MEETING NOVEMBER 19, 1985 7:00 p.m. Meeting Convenes 1. Agenda 2. Minutes: November 5, 1985 3. Claims 4. CITY ENGINEER'S REPORT A. 201 Program: Consider Bids for Emergency Septic Systems B. Shoreland Permit: Request from Ronald W. Nelson, 4565 Olson Lake Trail C. Final Plat Approval: Tartan Meadows 2nd Addition, Willard Morton D. County 19B - Request by Dick Herald to discuss project with the Council. 5. CITY ATTORNEY'S REPORT A. Municipal Administrative Procedures and Legal Liability. B. Taylor-Mazzara Petition 6. PLANNING AND LAND USE A. Section 32 Land Use Concept Map 7. CITY COUNCIL REPORTS 8. CITY ADMINISTRATOR'S REPORT A. Comparable Worth Study m B. Legion Pond Update (informational item).