HomeMy WebLinkAbout01-21-86 CCMLAKE ELMO CITY COUNCIL
JANUARY 21, 1986
VA
MINUTESN('
Mayor Morgan called the City Council meeting to order at 7:05 p.m.
in the City Council Chambers. Present: Armstrong, Dunn, Mazzara,
Christ, City Administrator Overby, City Engineer Bohrer, and City
Attorney Knaak.
1. Agenda
Add 6D. Washington County HRA, 9C. Bid Selection on Grader and
Truck and 9D. Old Copier.
M/S/P Christ/Mazzara - to approve the agenda for the January 21,
1986 City Council meeting as amended. (Motion carried 5-0).
2. Minutes: January 7, 1986
M/S/P Armstrong/Mazzara - to approve the January 7, 1986 City
Council Minutes as amended. (Motion carried 5-0).
3. Claims
City Administrator Overby explained Claim #86927 Bob Bugbee -
stereo lost/stolen from park shelter was put on the claims list
for discussion. According to City policy, we are not responsible
for stolen or lost articles at the Park Shelter, but wanted to
confirm this with the City Council. The City Council confirmed
that the City was not responsible even though it was one of our
part-time employees that lost the radio.
The Claim #86942 for the Orange Snow Fence will be divided between
Parks and the Maintenance Dept.
M/S/P Dunn/Armstrong - to approve the January 21, 1986 Claims
86915 thru 86968 as presented, excluding Claim #86927. (Motion
carried 5-0).
4. Public Inquiries
There were no public inquiries.
5. Legislature Discussion with State Representative Harriet
McPherson and Senator Gary Laidig.
Harriet McPherson - I have talked to the Administrative Assistant
of the Tax Committee, and he thinks there is definitely going to
be a shortfall. The Governor is proposing that some of that
shortfall be made up by cutting back on local government aids. If
there was a shortfall, the Republican Caucus did not want to cut
back on local government or school aids. The tax committee
chairman is hoping to take the Homestead Credit which is $700
maximum and only give back to the community $630 or $650. Instead
of cutting it out of local govt. aids and giving us a 20% cut by
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1986 PAGE 2
doing this, a little will be coming out of all govt. units. It
will be better to cut 2-3 percent across the board.
Another concern has been insurance. We have put together a good
and fair insurance package, but couldn't pass it. This will be
brought up again in this session.
Gary Laidig - We appreciate the good line of communication we have
with the City of Lake Elmo. The revenue projections will be the
most important item for the next session and it doesn't look
optimistic. We have met with the executives from the St.Paul
insurance companies to get an understanding from an internal
company perspective of what is happening. We will be talking
about tort reform which the trial lawyers are unahppy with. Also
to be discussed is Commissioner Hatch's proposal to socialize the
insurance industry by state involvement by joint underwriting
association.
Councilmember Armstrong remarked about the Port Authority having
Eminent Domain over the land east of the St. Paul area, and how it
was suggested that the Port Authority condemn this land and bring
business out here to employ innercity people. We would not like
to see land condemned for business purposes.
Gary Laidig advised that the Sunray Holiday Inn and the Ramada. Inn
expansion was built by the Port Authority. They have become quite
an economic development tool. The powers and membership have been
highly contested and Eminent Domain will be part of it.
Mayor Morgan stated when you have development you start draining
your water onto your neighbors. This includes the State of MN
when they start building highways which has a drastic affect on
the rate the water drains off the area. into Lake Elmo. We are
still looking for a way to get agencies to move faster and to
resolve this problem.
Another concern is Landfills which do not work and it costs more
to correct the problem than try to use different ways of getting
rid of solid waste. Lake Elmo has a contaminated Landfill which
is causing great problems. There is even indications that there
are to be other Landfill sites in our City. We would certainly
resist this because of the bad experience we have had.
Senator Laidig who is on the Waste Management Board advised??Tat
they will be discussing lifting the moratorium on a siting with
four candidate sites. We have found out that we don't have as
much hazardous waste as we thought produced.
Mayor Morgan stated that we have never recovered the costs
incurred from the mandated programs such as comparable worth and
the Comprehensive Land Planning Act. Development is not the
answer. The need for services outruns the revenue that
development brings in.
6. PLANNING AND LAND USE
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1986 PAGE 3
A. Hammes Mining CUP
Bill Hammes and Dorothy Lyons were asked if they understood that
renewal of the Hammes Mining CUP is contingent on the .five (5)
concerns for code violation enforcement and the proposed 3-1-86
cleanup deadline that was agreed upon with the Hammes by the City
staff in November, 1985. Dorothy Lyons stated that they feel the
same and will make a conscientious effort to meet this deadline.
M/S/P Dunn/Christ - to approve Resolution 86-15 Hammes Mining CUP
Renewal contingent upon the concerns and deadline outlined in this
resolution by City Attorney Knaak. (Motion carried 5-0).
B. Approve New List of Planning Issues
I-5. Selection of population forecasts
Armstrong - Is it to our advantage to continue on the same scale
as we were before or as the City has been growing rather than what
the Metro Council suggests.
II-3. Targeted mill rates and assessed valuation.
Armstrong - Do we really have to set a maximum? There is some
question if this is a planning issue or a budget issue.
II-4. Capital Improvement Program for existing road and future
right-of-ways.
Armstrong - Should this not be a developer's cost in the future?
Dunn - We should accept those as valid figures from the Metro
Council.
III-2. Protection of lakes and wetlands.
Armstrong - We should add floodplains to this item.
Mayor Morgan - The City should have an idea of what kind of
personality or character it has. I don't know how you can make it
a planning issue, but I wish there was more indication of the kind
of community we would like to be.
C. Metro Council Development & Investment Framework
The Metro Council has prepared a draft report which revises
downward their earlier projections of local population growth and
household formation. This information will be discussed at a
later date.
D. Washington County HRA
Dennis Balyeat, Director of the Washington County Housing and
Development Authority, addressed the Council regarding entering
DRAFT 1-13-86
LAKE ELMO PLANNING ISSUES
I. Future Land Use Management Planning
1. Agricultural use preservation.
2. Alternate forms of managing growth
a. zoning
b. control land development in unsewered areas
c. lot sizes in residential and other zones
d. temporary moratorium on residential and/or
commercial development,.
3. Business and industrial development, location.
4. Appropriate or desired commercial uses.
5. Selection of population forecasts.
II. Planning for Efficient Public Services and Facilities
1. Provide adequate City facilities and services.
(police and fire)
2. Target population for cost effective provision of
services.
3. Targeted mill rates and asessed valuation.
4. Capital Improvement Program for existing road and
future right-of-ways,
5. Improved use of existing facilities and services.
III. Environmental Planning
1. Surface water management.
2. Protection of lakes and wetlands.
IV. Economic Development Planning
1. Define components or characteristics of an
"economically balanced" community.
V. Planning Process
1. Need to inform the public about the planning
program.
2. Continuity of the long-range planning programs.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1986 PAGE 4
into a joint powers agreement with the City to enable the HRA to
provide tax-exempt financing for the bank. Recently the State
Bank of Lake Elmo approached the HRA in regard to issuing
tax-exempt revenue bonds in the amount of 1.2 million dollars for
the purpose of constructing a new facility with approximately
15,000-20,000 sq.ft. within the City.
In the past year the HRA has been very active in the tax-exempt
bond market on behalf of cities within Washington County.
However, the HRA cannot issue tax-exempt bonds within a
municipality without receiving approval from the City to issue on
their behalf.
When issuing tax-exempt bonds through a joint powers agreement,
the HRA assumes all the liabilities and responsibilities
associated with the project. The HRA agrees not have to issue the
bonds until the City is satisfied that the developer has met all
the criteria necessary to carry out their project. It is
important to note that tax-exempt revenue bonds are bonds that are
privately financed and there is no obligation or debt incurred by
the City.
Mayor Morgan - The City is under no financial obligation
whatsoever. The spirit of the program 9.s to help finance the type
of development you would like in your Ciy. We have alrady done
the same type of action for Joe Rogers and Hardwood Lumber,
Brookfield, and Connco Shoes.
Counci.lmember Dunn - Assuming the worst, who ends up picking up
the tab. Balyeat stated if the bonds are issued and it is a bad
project, the liability would be ,With whoever buys the bonds.
Depending on the type of issue it would either be a private bank
or could go out to a public offering. Anything this small would
be placed with a lending institution.
City Attorney Knaak - I have reviewed the joint powers agreement
that was forwarded to me. To my knowledge it is a standard
agreement and does what Mr. Balyeat has stated and it expressly
states that the City is not liable.
Dunn - What are we going to incur in the line of administrative
and legal costs in this joint powers agreement? Balyeat stated
that it has been their policy in the past that all the cost be
borne by the HRA. Overby asked what about the cost if the City
decides to authorize issuance of the bonds later. Does it get
covered by HRA and by the developer. Balyeat answered that the
developer will pay for all costs associated with the application.
M/S/P Morgan/Armstrong - to approve Resolution 86-16 entering into
a joint powers agreement with. the Washington County Housing and
Redevelopment Authority. (Motion carried 4-0-1<Mazzara>)
M/S/P Christ/Morgan - to approve Resoluion 86-17 authorizing the
application for the tax exempt bonds. (Motion carried
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1986 PAGE 5
4-0-1<Mazzara>).
7. CITY ENGINEER'S REPORT
A. School Crossing Lights, Beacons
Mr. Morey Jensen and Mr.Bill Rhodenbaugh from School Dist. #834
were in attendance to discuss the possibiity of installing a two
way flasher light and spliting the cost with the City.
Mr. Rodenbaugh indicated that the people are concerned about some
type of safety option on Highway 5 and this has been brought up to
the State several times.
Mn/DOT estimated that the total
$8,000. Their participation is
share would be $4,000. There is
is estimated as $200 a year.
cost of the flasher would be
estimated as half so the local
also an ongoing power cost which
Mayor Morgan suggested that we could move back the 40 mph speed
zone signs and alert our deputies to be more vigilant in policing
this speed zone.
City Engineer Bohrer stated that Mn/DOT had pointed out that they
felt the most effective safety measure is having an adult crossing
guard present. Mr. Rodenbaugh replied that there is an adult
crossing guard at 8:10 a.m. and again at 2:30 p.m., but there
might be one or two children that might cross at other times.
Councilmember Dunn - MN/DOT was not too optimistic about anything
slowing down traffic and concluded that once people got use to the
lights they still assume the same driving behavior. Mr.
Rhodenbaugh expressed that when he sees an amber light flashing he
takes notice of it and slows down. He feels that cars from a
distance away will see this flashing light and proceed to slow
down.
Councilmember Armstrong suggested that there should be a sign
"School" so people knew why they had to slow down.
Mayor Morgan stated that there is a realistic concern. The school
is close to a very busy road that has a high velocity of speed and
if there is anything the City can do to make it safer for the
children we should do it. The State is willing to particiate
because there is more than 500 vehicles per hour so they are
admitting there is some reason to have this flasher.
Dunn - This involves a state highway and the school district, why
should the City be involved when Mn/DOT states that the lights
will not improve safety and they are unwilling to share in expense
of a light. After all Mn/DOT is the expert on traffic. Are we
talking about spending money for a housekeeping item that may or
may not work? The beacon runs constantly and everyone will get
use to this light and eventually won't even notice it. I would
support one that states "When Children are Present, xxx speed
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1986 PAGE 6
limit" because those are the ones I watch close. A flashing light
overhead is just one of many that I see in driving over the year.
Are we really solving a problem or reacting to a problem?
M/S/P Morgan/Mazzara - to spend up to $2,000 in participation with
the school district to install a flasher at the school crossing
and the annual power cost be negotiable. (Motion carried 5-0).
B. Amendments to 509 Plan
City Engineer Bohrer reported that the MPCA and Metro Council had
objected to the 509 Plan from a water quality standpoint because
it routed Tri-Lakes and Sunfish Lake water through Lake Elmo.
This had a predicted impact on Lake Elmo water quality. The VBWD
has now issued a draft revision routing Olson-DeMontreville water
through Deer Pond, Crombie Pond, and south to Eagle Point Lake.
This route will now by-pass Lake Jane except in severe cases. No
work will be done at City Park Pond or Sunfish Lake.
The following are some comments on the revsied plan dated January
10, 1986. The normal and. 100-year flood levels for Lake Jane are
unchanged at 922.5 and 927.0, respectively. This new route raises
the cost to $4.8-$4.9 million because of a longer route. It does
asssume some allowance that the managers will get from the Clean
Waters Fund from Eagle Point Dam. The Managers only have a few
discretionary items which could be eliminated to reduce cost.
They are flood -proofing homes on Lake Jane and road improvements
in West Lakeland Township. Special assessments to Lake Elmo
residents are estimated to be the same since either plan provides
the same benefits. The lowering of the outlet of Beutel Pond fom
912.5 to 911 may eliminate the complaints of high water table in
the Jamaca Court area.
Lowering of the Lake Elmo outlet will not be considered by VBWD
until level issues are resolved with the DNR. There will be no
immediate relief for Lake Elmo property owners. The City
requested downstream capacity be provided in Main Stem so that
Lake Rose could have an outlet in the future. The City has also
requested an outlet for Legion Pond. This request was not
addressed in the amended Plan.
City Administrator Overby handed out a 509 Plan Schedule that was
given to him by the VBWD. It was suggested that a letter be
written to the VBWD with encouragement to stay on this schedule.
8. COUNCIL REPORTS
A. Cable Commission Final Report - Maynard Eder
Maynard Eder served as Lake Elmo's representative on the Cable
Commission and presented a report.
Maynard Eder - Regarding restoration, I suggest that the City
reserve the right to inspect this spring and. make a final response
even though to your knowledge there are not any problems. There
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1986 PAGE 7
are approximately 37 restorations, but none are residents in Lake
Elmo.
Mayor Morgan - On a cul-de-sac where no one desires cable, does
the commission have the right to put it in. Eder replied that the
commission requires that every person had. to be provided possible
access to cable.
Mr. Eder is serving on the Verification Committee that verifies if
the system is complete and how well it measures up to the
standards they had proposed in their proposal. They had proposed
an audio van, but found out there are too many interferences to
transmit. These things will be negotiated out in the next thirty
days. A written report will follow and be sent to the City.
In a future meeting Dave Garloff could come and advise the City on
long range plans on the future of the relationship of
municipalities to cable. You would be advised as to how you could
use the municipal system such as warning notices, meeting notices
and religious and institution access. Funds and grants could be
given to cities to encourage them to use the system.
Mayor Morgan handed Maynard Eder a gift and a plaque thanking him
for his service to the City from January 1981 to December of 1984.
B. Office Site Analysis Report - Larry Bohrer
City Engineer Bohrer advised that a preliminary review of
available data was made on a 50 acre site for the possible
construction of a new City Office. The site is bounded on the
south bu TH 5, on the southeast by Stillwater Lane, on the east by
the Sunfish Park Entrance, and on the north by Sunfish park land.
The site is well drained and contains two low spots which could be
used to satisfy any ponding requirements.
The Washington County Soil Survey lists most of the site soils as
having only slight limitations for drainfield purposes because
they are predominantly sandy. The only areas unsuited for
drainfields would be the ridge in the northeast corner because of
steep slopes, and the two low areas.
The Soil Survey lists the subsoils as being predominantly sands;
therefore they should be suitable for building foundations.
Heavier topsoils will have to be removed in the area of driveways
and parking lots to eliminate frost heave problems.
Water must be supplied by an individual well. This site is 1/4 to
1/2 mile southeast of the Landfill Well Advisory Area.
Access could be gained on Highway 5, Stillwater Lane or the Park
Entrance. Access would most likely come off the Park road.
Bohrer stated that the site is generally suited to development
with no severe limitations.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1986 PAGE 8
A committee was appointed composed of Mayor Morgan and
Councilmember Dunn to negotiate with Mr. Fredrich for
approximately 5 acres. If the discussion is productive, Bohrer
suggests that the next step should be a preliminary site plan with
some options of shape and location of the building and the
location of the parking lot.
Another consideration would be if the bank moves, this building
will be available. There would have to be extensive
modifications, but an advantage would be City water.
9. CITY ADMINISTRATOR'S REPORT
A. Parks Commission Appointments
City Administrator Overby has learned that Sue Dunn intends to
resign from the Parks Commission. The average years of tenure by
all members would drop from 4.1 to 3.3. This new average tenure
would be under the 4.0 average specified in the City code.
M/S/P Armstrong/Dunn - to reappoint Nancy Hansen and James Yarusso
for another term on the Parks Commission. (Motion carried 5-0).
M/S/P Christ/Armstrong - to accept Sue Dunn's resignation from the
Parks Commission and send her a letter of commendation. (Motion
carried 5-0).
Mayor Morgan suggests having the new applicants come in for an
interview at the next City Council meeting. We should also
discuss changing of the code at the next meeting and possibly
schedule a public hearing.
B. Maintenance Department Equipment Needs
Maintenance Foreman Dan Olinger presented a list of various tools
and equipment items that are needed to operate as a maintenance
department.
M/S/P Dunn/Morgan - to accept and approved payment of $2830 for
the needed maintenance items on the list presented by Dan Olinger.
(Motion carried 5-0).
Dunn - Suggests a list of equipment be made up which should
include the dates purcahsed.
M/S/P Morgan/Dunn - to approve payment of $1,400 for a frost
bucket for digging up water mains. (Motion carried 5-0).
C. Bid Selection on Grader and Truck
The following were the highest bids received on the truck and the
grader on January 21, 1986. Diamond T Asphalt - Truck $2,100.
Thomas J. Pederson - Grader $3,553.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1986 PAGE 9
M/S/P Mazzara/Dunn - to accept the highest bid on the truck from
Diamond T Asphalt for $2,100 and the highest bid on the grader
from Thomas J. Pederson for $3,553. (Motion carried 5-0).
D. Old Copier
It was suggested that we advertise the Savin copier in the City
Newsletter and to take the highest bid. This will be brought up
at the next City Council meeting. The Savin representative has
put a value of $300-$350 on the copier.
Morgan/Dunn - to advertise for sealed bids on the Savin copier in
the City Newsletter. (Motion carried 5-0).
M/S/P Morgan/Christ - to adjourn the City Council meeting at 10:10
p.m. (Motion carried 5-0).
Resolution 86-15 Hammes Mining CUP
Resolution 86-16 Joint Powers Agreement with the Washington County
Housing and Redevelopment Authority
Resolution 86-17 Authorizing application for tax exempt bonds
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
JANUARY 21, 1986
7:00 p.m. Meeting Convenes
1. Agenda
2. Minutes: January 7, 1986
3. Claims
4. Public Inquiries
7:15 P.M. 5. Legislature Discussion with State Representative
Harriet McPherson and Senator Gary Laidig
6. PLANNING AND LAND USE
A. Hammes Mining CUP
B. Approve New List of Planning Issues
C. Metro Council Development & Investment Framework
7. CITY ENGINEER'S REPORT
A. School Crossing Lights, Beacons
B. Amendments to 509 Plan
8. COUNCIL REPORTS
A. Cable Commission Final Report - Maynard Eder
B. Office Site Analysis Report - Larry Bohrer
9. CITY ADMINISTRATOR'S REPORT
A. Parks Commission Appointments
B. Maintenance Department Equipment Needs
C. Other
10. Adjournment