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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