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LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 5, 1985
Mayor Morgan called the City Council meeting to order at 7:03 p.m.
in the City Council Chambers. Present: Armstrong, Mazzara, Dunn
Christ, City Administrator Overby, City Engineer Bohrer and City
Attorney Knaak.
1. Agenda
5B. Enforcing the City Code, 6B. Planning Commission
Applications, 7A. Communication between City Council and City
Employees.
M/S/P Dunn/Mazzara - to approve the agenda for the November 5,
1985 City Council Meeting as amended. (Motion carried 5-0).
2. Minutes - October 15, 1985
M/S/P Dunn/Mazzara - to approve the October 15, 1985 City Council
minutes as presented. (Motion carried 4-0-1<abstain: Morgan>).
Minutes - October 24, 1985
M/S/P Mazzara/Armstrong - to approve the October 24, 1985 City
Council minutes as presented. (Motion carried 5-0).
3. Claims
Dunn questionned claim 86633 Association of Metropolitan
Municipalities 6/85 thru 5/86 dues for $1,068. City Administrator
Overby advised the Council that A.M.M. offers a valuable service
to the City and to himself.
M/S/P Dunn/Morgan - to approve claims 86613 thru 86671 as
presented. (Motion carried 5-0).
4. CITY ENGINEER'S REPORT
A. Petition for Street Vacation
Applicants: Phillip A. & Janet M. Taylor
Michael J. & Terry Ann Mazzara
There exists a 33 foot wide strip of land, 300 feet in length,
south from 30th Street which appears to be an easement dedicated
for public street purposes. The applicants are asking that this
road easement be vacated since it is an unopened street and has
remained so since the easement was granted in 1939. A copy of the
Certificate of Title was given to the Council members. It shows
as an exception a two rod easement along the east line of the
Taylor property, dedicated to the public for highway purposes.
This 33 foot strip has come before the Council previously, in that
it could serve as access to a presently landlocked parcel owned by
Richard and Veronica Durand.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1985 PAGE 2
Mr. Mazzara would like a public hearing to decide if the City
wants this property based on the Certificate of Title and on the
abstract that it is deeded to the Public for highway purposes. If
the City decides they do not want this property, Mazzara and
Taylor would like the City to vacate the property.
Mr. Richard Durand owns 3 1/2 acres in this area and has no access
to Lake Elmo Avenue. Mr. Durand asked if the City would buy this
property and was answered that the City does have the opton.
Since the City Council just received the Certificate of Title
showing the description and easement this evening, the Council
directed the City Attorney to research the matter and report back
to them at the next meeting.
M/S/P Dunn/Morgan - to table this item until the next City Council
meeting in order to give the City Attorney time to research this
matter. (Motion carried 4-0-1<abstain: Mazzara>).
B. Teal Pass Estates 3rd Addition:
Request for Partial Release of Escrow Deposit
City Engineer Bohrer reviewed his correspondence to the Council,
dated October 31, 1985, in which he recommends the original letter
of credit be reduced to $47,930.
j
M/S/P Dunn/Morgan - to release $51,320 from the Developer's Letter
of Credit for Teal Pass Estates 3rd Addition, Sherril and Ken
Neudahl. (Motion carried 5-0).
C. Fill Permit Request: Demontreville Highlands,
Third Addition
City Engineer Bohrer reviewed his correspondence to the Council,
dated October 31, 1985, in which the proposal to provide fill for
the separation from the groundwater table for septic system
purposes is requested for Lots 1-4, Block 2, DeMontreville
Highlands 3rd Addition. Evidently, this area had been filled and
compacted during the construction of the subdivision and now the
natural soil conditions are unsuitable for septic system purposes.
The Developer's grading plan was supplied to the City Engineer
after the cutoff date for including materials in the Council
packet, therefore the City Council has not had an opportunity to
review the grading plan in detail.
Mr. Kurt Laughinghouse, Representative from Derrick Land Co.,
presented pictures of the houses in the neighborhood showing that
all the lots except their four lots at the southeast end slope up
from the street. This is what Derrick proposes, a gradual slope.
up from the street to the first floor level of the house.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1985 PAGE 3
Mr. & Mrs. Gary Bance advised that behind their house and between
the current houses and the park, all the spring runoff comes down
to this area and out to the road. They asked what provisions will
be made to take care of this water.
City Engineer Bohrer stated that what appeared to be high and dry
ground has been saturated for a considerable length of time. The
land was originally low and was filled during the grading of the
subdivision. Somehow this heavy soil has trapped the water and it
stays there. Excavating the clay and replacing it with sand would
not work in this case because the water from the adjacent soil
would just run.
Jim Yarusso voiced concern as to where the sewage will go because
he believes there is a seal somewhere.
City Engineer Bohrer advised that the City code allows the bottom
most portion of the septic system can be placed in sandy soil,
with not less than 4' of separation from the lowest point of the
drainfield to the watertable. In this case they are counting the
ground surface that exists today as virtually the water table. As
long as there is 4' of sand between the bottom of the drainfield
and the water table, this is considered adequate to treat the
sewage. The applicants are taking some risk because this soil will
be tested and the perk rates run in the spring after the soil has
been allowed to settle.
Roger Johnson, Soil Scientist, stated that what they are proposing
is fully within the meaning of the City ordinance as far as
providing the necessary separation distance.
The City Council asked Kurt Laughinghouse to provide a more
detailed plan which will address surface drainage, creating
contours that will be acceptable and compatible with the
neighborhood. At a later date, the suitability of the lots for
building purposes will be addressed.
D. 509 Plan: Council position on current revisions
to the January, 1985 509 Plan document.
In the Council packets there was information regarding the planned
VBWD's revisions to the 509 Plan. The City Engineer stated that
his one concern was over the revision in the proposed outlet
elevations of the lakes. The VBWD plans to meet the DNR's
requirements, which are considerably higher elevations than what
was originally proposed by the managers, but place the pipes low
enough to allow future reduction in the lake levels if the DNR's
position can be altered. This would mean some type of a weir. The
City Engineer was concerned about what the new computed flood
levels would be above these outlets.
Mayor Morgan expressed concern about the schedule in which it is
proposed that no construction begin until 1987 and concern for the
financing plan which changes from a 100% ad valorem tax to
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1985 PAGE 4
approximately a 10% assessment and a 90% ad valorem. Mayor Morgan
feels that the affected people are being penalized for a problem
they did not create.
M/S/P Morgan/Mazzara - to send a letter to the VBWD and the County
addressing these concerns. (Motion carried 5-0).
E. 201 Project: Council approval of the Step 3 agreement.
City Engineer Bohrer referred to his correspondence, dated October
31, 1985 and to the MPCA letter, which authorizes the City to
enter into the agreement for Step 3 work. Bohrer has also
received plan approval on the on -site systems so we are authorized
to advertise for bids. Bohrer believes that all of the
construction can be completed in the 1986 building season.
M/S/P Dunn/Christ - to adopt Resolution 85-40 approving the Step 3
Agreement-201 Project and authorizing the Mayor and the City
Administrator to execute the agreement on the City's behalf.
(Motion carried 5-0).
F. Landfill Water Supply -Council position.
Councilman Christ reported that County Commissioner Schaefer and
Oakdale Administrator Mattson have met and discussed the
possibility of obtaining water from Oakdale.
City Engineer Bohrer stated there is considerable savings both in
the construction costs and the County's elimination of Operation
and Maintenance expenses. Bohrer ran some preliminary figures from
where Oakdale's system is now, and the Oakdale connection could be
done for $515,000 which is figured with an 8" main. Bohrer stated
that from an engineering standpoint Lake Elmo could get an
adequate water supply from Oakdale, but to push for an 8" main.
The City Council determined that they should, allow Commissioner.
Schaefer to proceed at his own speed. The general consensus of
the Council was that obtaining water from Oakdale was acceptable,
but they should continue to push for an 8" diameter watermain.
G. Final Acceptance of Improvements -
David Nelson Estates
The City Engineer reported that the improvements required as part
of David Nelson Estates have been completed and are ready for
final acceptance. City Engineer Bohrer stated that the final
inspection was made by himself and the Maintenance Foreman. Once
the City accepts these improvements, they have a one year
guarantee on this work.
M/S/P Christ/Mazzara - to accept the improvements and release the
letter of credit in full for the David Nelson Estates on the
condition that all pass though costs would be paid by the
developer. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1985 PAGE 5
5. CITY ATTORNEY
A. Update on Castle Design Litigation
City Attorney Knaak reported that on November 5, 1985 the hearing
portion was completed, and he has three weeks to submit briefs and
another week for submitting responsive briefs. Optimistically,
the case will be considered in February or March of 1986.
B. Enforce City Code -Council Position
City Attorney Knaak gave his recommendation to proceed under the
Code Enforcement provisions. Knaak advised to have the Code
Enforcement officer go out onto the property and based on proven
facts that if there is an infraction of the code, the impending
parties should be cited and handled in Criminal Court.
Attorney Paul Wolff, representing Mr. & Mrs. Dave Bonestroo at
8199 Hill Trail, commented that there has been a long-standing
complaint on the part of Bonestroo regarding certain code
violations at Mr. Dean Johnston's property at 8200 Hill Trail. He
noted a letter dated September 6th from the Acting City
Adminstrator which referred to an opinion from the City Attorney
indicating that the property was in violation of the City Code and
for the violations to be brought into compliance by October 15,
1985. Mr. Wolff understands that these violations have not been
removed to the satisfaction of the Acting Administrator on
September 6th, and they asked that the Council direct the staff to
proceed to enforce the ordinances appropriately. The letter does
not refer to any opinion from the City Attorney with respect to
the other violations that were complained about and those were in
respect to landscaping violations. The landscaping that is
required by the City Code has never been completed.
Mr. Dean Johnston stated that shortly after he got his building
permit the Bonestroo septic system failed, and they asked
permission to put their building materials on his lot and use this
lot as access to their building area. In the process of upgrading
their septic system Bonestroo proceeded to strew large rocks that
were part of their drainfield over two-thirds of the length of his
property line two to three years ago and the rocks are still
there. The same people complaining about landscaping are the same
people that have damaged the landscape. Mr. Johnston referred to
a letter dated October 1, 1984, where the City Weed Inspector
viewed this property in September and verified that there are no
noxious weeds on the premises. The vegetation on this lot is not
in violation of our City ordinances. Mr. Johnston stated that he
would be the first one to concede that he does not share the ideas
with his neighbors of what appropriate landscaping is and feels
that the City should not force him to accept his neighbors point
of view.
Mr. Johnston has taken the position that he will stop parking his
car on the top of the hill and has made application for a variance
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1985 PAGE 6
for the driveway, under protest, and he will be back with his
attorney.
6. PLANNING AND LAND USE
A. Annual Planning Institute
There will be an Annual Planning Institute held on November 22,
1985 on the St. Paul Campus. Chairman Nazarian had gone to this
Institute a year ago and recommended it highly to the other
Commission members and three of the members will be attending.
It was brought up by City Administrator Overby at the last
Planning Commission meeting that a City Council member could be on
the Planning Commission. The response was that anytime a Council
member would like to sit in on the meeting he/she would be
welcome, but they had a concern about this member having a certain
position on the commission and would this position change when
they came onto the Council, where they no longer represent the
consensus of the Planning Commission.
Mayor Morgan encourages any Planning Commission member to attend
the City Council Meetings because they may have questions that
need to be answered.
B. Planning Commission Applicants
Ann M. Bucheck, 2301 Legion Avenue N., who would represent
Eden Park expressed that whatever development is proposed should
be in accordance to the comprehensive plan.
Allan R. Martens, 3099 Laverne Ct., feels the City has a
good plan and it should be followed. He expressed concern over'the
City's water problem and would like to see an economical solution.
M/S/P Morgan/Dunn - to appoint Allan Martens, 3099 Laverne Ct., as
a First Alternate to the Planning Commission. (Motion carried
5-0).
M/S/P Morgan/Dunn - to appoint Ann Bucheck, 2301 Legion Avenue N.,
as a Second Alternate to the Planning Commission. (Motion carried
5-0).
7. CITY COUNCIL REPORTS
A. Communication between City Council and City Employees
Mayor Morgan suggested on one Friday each month that we have a
staff meeting at the last hour of the day and rotate Council
persons to have a chance for the staff to make suggestions or
voice any complaints.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1985 PAGE 7
/ 8. CITY ADMINISTRATOR'S REPORT
A. Personnel: Maintenance Position Vacancy
City Administrator Overby inquired as to how much involvement does
the City Council wish to have in the selection of applications.
The consensus of the Council would be to let the City
Administrator and the Maintenance Foreman hafdle the entire
process. City Administrator Overby suggested the starting wage be
at the Level B position as more of a Heavy Equipment Operator
rather than a Light Equipment Operator.
B. City Office Space: Consideration of Report by the
Building Committee.
Mayor Morgan and City Administrator Overby will look into the
feasibility of buildable land at Sunfish Park. There is a
possibility of trading some of our park land which is farmable
with more land by Highway 5. Another option could be at the
Landfill, but any land considered should be City owned. There was
discussion as to how large the building would be. The Council
felt that 4,000 sq..ft. was too large, but having to take into
account bathrooms and furnace room it could be 3,000 square feet.
Other considerations would be to continue to rent or buy the space
at the Brookfield II building.
C. Mutual Aid Resolution: Continuation of discussion from
City Council meeting of October 15, 1.985.
This Mutual Aid Resolution will authorize the City Administrator
or his designee to send equipment and personnel to assist a
stricken area, at their request, in the event of a disaster, with
or without a formal Mutual Aid Pact.
M/S/P Morgan/Dunn - to approve Resolution 85-41 adopting the
Mutual Aid Resolution. (Motion carried 5-0).
D. City Office Equipment Needs:
Office Copier and Postage Machine.
City Administrator Overby advised the Council that the Savin 770
Copier machine purchased by the City- in December of 1978 has
reached the point of no longer being able to do the job. A
Pitney -Bowes copier machine has been provided on a demonstration
basis to allow the staff to try it out. They also provided the
City office with a newer postage machine and electronic postage
scale to test out. A handout was given regarding different models
with the appropriate costs. Administrator Overby will look into
other vendors or dealerships.
E. Washington County Park System Study Work Committee:
Lake Elmo Representative.
A Work Committee is being formed to study the Washington County
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1985 PACE 8
Parks System and develop policies and guidelines for future
acquisition and development of park land.
Three committees will be working over the next three months,
(Nov., Dec., Jan.) one for the north area of the County, one for
the Central area (Lake Elmo, etc.) and one for the South area.
Meetings for the Central Committee will be at the Stillwater High
School on November 12 and December 10, 1985 and January 21, 1986.
The City Council recommended Sue Dunn or Nancy Hansen from the
Parks Commission, or Bruce Dunn from the City Council.
F. 1985 Christmas Party: Date, time, arrangements.
The 1985 Christmas Party will be held at the City Council Chambers
on Friday, December 6th from 5:00-9:00 p.m. The Staff' will
volunteer to do the catering and party invitations. The budget
discussed was up to $500. The coffee mugs will be ordered again
this year. The second Council meeting in December will be
cancelled if nothing too important is on the agenda.
M/S/P Morgan/Armstrong - to adjourn the City Council meeting at
10:15 P.m. (Motion carried 5-0).
----------------
Resolution 85-40 - approving the Step 3 Agreement-201 Project and
authorizing the Mayor and the City Administrator to execute the
agreement on the City's behalf'.
Resolution 85-41 - - adopting the Mutual Aid Resolution.
Amended 11-19-85
Present: Dunn
Y
N
CLAIMS TO BE APPROVED AT NOVEMBER 5, 1985 LAKE ELMO CITY COUNCIL MTG
86613
Postmaster - postage meter $
200.00
86614
Stillwater Gazette - 1 yr subscription
52.00
86615
Postmaster - demonstrator postage meter
50,00
56616
Commissioner of Revenue - October state withholding
786.00
86617
State Bank of Lake Elmo - October federal withholding
1,715.00
86618
Petty Cash - Menards Hockey Board Posts - Parks $ 50.01
86619
Office Supplies 12.12
James McNamara - October Mileage - Lake Elmo $ 13Y-.49-
62.13
86620
Mahtomedi 120.12
LMCIT - Nov. Hosp.
278.60
86621
M.B.A.
1,457.98
86622
Allied Group Ins. Trust
52.00
76.86
86623
Lake Elmo Assoc. - Nov. rent
1,760.77
86624
Satellite Industries - 4 homes flooded
210.00
86625
Washington Cty Sheriff - 4th Quarter police contract
19,188.30
86626
Gary Gradin - Oct. office & fire hall cleaning
25.38
86627
Roger Hoffman
16.63
86628
Gerald Dahlberg - Animal Control Officer - Oct.
360.00
86629
Oakwood Animal Hospital
169.00
86630
V.B.W.D. - 1005 project assessments for public roads
883.42
86631
Four Seasons Services
12.05
86632
Robert L. Overby - Oct, expense reimbursement
43.45
86633
A.M.M. - 6/85 thru 5/86 dues
1,068.00
86634
Lillie Newspapers - legal publications
57.69
86635
American Typewriter - office supplies
47.08
86636
Oxygen Service - Fire Dept. supplies
75.95
86637
Gopher Sign - Handicapped signs - Fire Dept.
158.20
86638
Reed's Sales & Service - Fire Dept. equip. (saw)
776.65
86639
General Communications - Fire Dept. fuse
1.98
86640
Road Rescue - Fire Dept. EMS supplies
10.30
86641
United Electric Co. - Fire Dept. Bldg. repair
187.50
86642
Don Streicher Guns - Fire Dept. supplies
27.98
86643
Geo. Siegfried Const. - Fire Dept. Bldg repair (slab)
1,785.00
86644
Fran Pott - Assn of Fire Chiefs Conf, expense
78.15
86645
Richard Sachs - Nat'l Conf - Fire Dept. expense
165.10
86646
MB Industrial - Maint. Dept. supplies
33.23
86647
Lampert Bldg. Center - Maint. Dept. supplies
31.55
86648
Vern's GTC - Maint. Dept. equip repair
50.55
0649
Truck Utilities - Maint equip repair
18.35
86650
T.A. Schifsky - MC mix
98.34
86651
McCarthy Well - Water Dept, pump repair
253.50
36652
Rauenhorst & Carlson - Legal Nov. retainer $ 300.00
Alford-Berube 2,670.60
Castle Design 360.00
3330.60
(over)
NOVEMBER 5, 1985 CLAIMS page 2
86653 Caswell & Tavernier - Nov. retainer
86654
TKDA General $
870.97
Pass Thru
1,400.55
Jane Road
184.65
Sewer Petition
141.36
MSA - 1984
512.69
MSA - 1985
23.08
86655
NSP - Street Lights
b9Z.41
Fire Dept.
109.84
Maint. Dept.
206.37
Parks
77.61
Water
215.34
86656
AT & T - Long Distance Calls
- Office
86657
Northwestern Bell - Office
178.68
Park
11.06
Maint.
55.27
Fire
62.50
86658 AT & T Info Systems
86659 thru
86671 November 8_th payroll
Total
v
$ 850.00
3,133.30
1,301.57
7.83
307.51
38.26
6,835.38
$ 48,129.12'�
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
NOVEMBER 5, 1985
7:00 p.m. Meetings Convenes
1. Agenda
2. Minutes: October 15, 1985
October 24, 1985
3. Claims
II. CITY ENGINEER'S REPORT
A. Petition for Street Vacation
Applicants: Phillip A. & Janet M. Taylor
Michael J. & Terry Ann Mazzara
B. Teal Pass Estates 3rd Addition: Request for
Partial Release of Escrow Deposit
C. Fill Permit Request: Demontreville Highlands,
Third Addition
D. 509 Plan: Council position on current
revisions to the January, 1985 509 Plan
document.
E. 201 Project: Council approval of the
Step 3 agreement.
F. Landfill Water Supply -Council position
G. Final Acceptance of Improvements -
David Nelson Estates
----------------------------- BREAK ------------------------
(OVER)
5• CITY ATTORNEY
A. Update on Castle Design Litigation
B. Other
6. PLANNING AND LAND USE
A. Annual Planning Institute -
Council Participation
7. CITY COUNCIL REPORTS
8. CITY ADMINISTRATOR'S REPORT
A. Personnel: Maintenance position vacancy
B. City Office Space: Consideration of
Report by the Building Committee.
C. Mutual Aid Resolution: Continuation of
discussion from City Council meeting of
October 15, 1985.
D. City Office Equipment Needs: Office Copier
and Postage Machine
E. Washington County Park System Study Work
Committee: Lake Elmo Representative
F. 1985 Christmas Party: Date, time,
arrangements.
G. Other