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HomeMy WebLinkAbout01-07-86 CCMLAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Mayor Morgan called the City Council meeting to order at 7:02 p.m. in the City Council Chambers. Present: Armstrong, Dunn, Mazzara (departed 8:30 p.m.), Christ, City Administrator Overby, City Engineer Bohrer and City Attorney Knaak. 1. Agenda Delete 8C. Cable Commission Final Report Modification, Add 6D. Shafer Contracting Fill Permit, 8G. Office Space Project, 8H. Snowmobile Problem, 81. Resolution for Bill Lundquist. M/S/P Dunn/Christ - to approve the agenda for the January 7, 1986 City Council Meeting as amended. (Motion carried 5-0). 2. Minutes - December 3, 1985 M/S/P Armstrong/Mazzara - to approve the December 3, 1985 City Council Minutes as presented. (Motion carried 5-0). 3. Claims M/S/P Christ/Mazzara - to approve the December 17, 1985 claims 86791 thru 86845 as presented. (Motion carried 5-0). M/S/P Mazzara/Armstrong - to approve the January 7, 1986 claims 86846 thru 86914 as presented. (Motion carried 5-0). 4. Public Inquiries Public Inquiries were opened up by Mayor Morgan at 7:15 p.m. Dean. Johnston, 8200 Hill Trail, wishes to withdraw for consideration his variance request for parking. M/S/P Morgan/Mazzara - to accept the withdrawal of the variance request for parking from Dean Johnston at 8200 Hill Trail. (Motion carried 5-0). 5. ANNUAL ORGANIZATIONAL MEETING A. Election of Acting Mayor M/S/P Dunn/Armstrong - to appoint Council member Arlyn Christ as Acting Mayor during the absence of Mayor Morgan. (Motion carried 5-0). Mazzara - In the past they have selected the two senior members. Is there any special reason why they did not follow this. Dunn - I feel that an Acting Mayor is needed when the Mayor is LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Page 2 absent or moves out and would like to see a strong individual in this position. I believe Council member Christ has displayed this over the past year. B. Appointment of Official Depositories M/S/P Dunn/Christ - to appoint the State Bank of Lake Elmo, Washington Federal, Oak Park Heights, American National of St. Paul, Offerman and Company, Inc., and Juran & Moody Company, Inc. as the City of Lake Elmo's official depositories. (Motion carried 4-0-1<Abstain: Mazzara>). C. Designation of Legal Newspaper There have not been any problems with the Washington County Review being our legal newspaper and the staff recommends designation of the Washington County Review as our legal newspaper in 1986. Armstrong - There should be an occasional article sent to the St. Croix Valley Press. Instead of Washington County Review, it is now the Oakdale -Lake Elmo Review. M/S/P Armstrong/Christ - to designate the Washington County Review as the Lake Elmo official newspaper. D. Appointment, of City Consultants M/S/P Armstrong/Mazzara - to appoint Larry Bohrer of TKDA as Lake Elmo's City Engineer. (Motion carried 5-0). M/S/P Dunn/Morgan - to appoint Rob Chelseth as Lake Elmo's City Planner. (Motion carried 5-0). M/S/P Christ/Dunn - to appoint Fritz Knaak as Lake Elmo's City Attorney. (Motion carried 5-0). M/S/P Dunn/Morgan - to appoint Gregory J. Tavernier as Lake Elmo's City Prosecutor. (Motion carried 5-0). E. Appointment of the Council as Personnel, Budget, and Capital Improvement Committee. Dunn - Regarding the Building Committee, what if the Council as a whole would meet on a Saturday or short term notice meeting? Overby - How many Council members constitute a quorum for a meeting. Overby's understanding is that if more than two council members attend, then a notice is required. M/S/P Armstrong/Morgan - to appoint the entire City Council to serve as a committee for budget, capital improvement and personnel matters. (Motion carried 5-0). F.- Appointment of City Representatives to Community Education Advisory Boards LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Page 3 No volunteers have applied for either position. It was recommended to table action on this item until after the vacancies have been advertised in the City Newsletter and applications have been received. G. Appointments to City Commissions City Attorney Knaak referred to the language in the Code "Members shall be appointed by the City Council for three year terms so that only one-third of the appointments will expire on December 31st of each year. No member may serve more than two consecutive three year terms unless the average years of service for all Commission members is less than four years. A member who has served two terms may be reappointed by the City Council after a one year absence". Knaak stated that this is discretionary. Once the condition has been met and the average age is under four years, it is possible for somebody to be reappointed. Mazzara - The intent of the code is to keep a turnover in both commissions. Also the intent was not to eliminate in this sense three people, but to keep continuity on the Planning Commission. Already in the last two years, they have added four new members. Armstrong stated that the key word is that the reappointments were at the discretion of the City Council and it would be appropriate for the Council to look at the new applications for the Planning Commission. The following are applications that have been received for the Planning Commission: Ron Reuther, 8391 59th St. No.; Marjorie Williams, 3025 Lake Elmo Avenue N.; and Steve Raleigh, 5055 Keats Avenue No. City Administrator Overby stated that David Lang has resigned from the Planning Commission because of inability to attend the meetings, so this creates another Planning Commission vacancy. Mazzara - I think we are making a serious mistake if we eliminate these three people especially if they wish to stay on. Four new people are enough on the Planning Commission. Armstrong - There are people that have been on the Planning Commission long enough to add meaning to what Rob Chelseth is talking about. Now we are going to update the Comprehensive Plan and this would be a good time to get new people in as long as we are starting over and let them see how it all comes about. Mazzara - It is unfortuante in a city this size that things have to be politically motivated because you don't like or want somebody to be put on the Commission. You have people that have worked hard and want to continue their terms and have tried to be unbiased and look out for the best interests of Lake Elmo. Then the City Council comes down to being political and this is a LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Page 4 shame. Morgan - The code was discussed thoroughly and it was decided to keep the code in place. When the code was first suggested, I voted against it many years ago. Maybe at a later meeting this code should be discussed and changed. M/S/P Armstrong/Dunn - to send thank you letters to �he Planning Commission members that have served and whose terms are up and appoint the three new applicants, Williams, Reuther and Raleigh. (Motion carried 4-1<Mazzara>). M/S/P Dunn/Armstrong - to move Al Martens and Ann Bucheck from 1st and 2nd Alternate to full members. (Motion carried 5-0). M/S/P Morgan/Dunn - to move Ron Reuther to a full voting Planning Commission member position. (Motion carried 4-1<Mazzara>). See Page 11 for amendment of 1-21-86, M/S/P Dunn/Armstrong - to send thank you letters to Jim Yarusso and Nancy Hansen of the Park Commission. (Motion carried 4-1<Mazzara>). M/S/P Christ/Morgan - to reappoint Merle Olson, Ed Stevens and David. VanLandschoot who have completed their first term on the Parks Commission. (Motion carried 5-0). M/S/P Christ/Morgan - to draft a letter"to those who have absentism in excess of 30 percent per year with the possibility that they could be removed from the Commissions. (Motion carried 5-0). 6. CITY ENGINEER'S REPORT A. Long Term Drinking Water Supply Plan City Engineer Bohrer requested a copy of the "Long Term Drinking Water Supply Plan" from Mary Luth, Community Services Director. This document was prepared by Washington and Ramsey Counties as required by MPCA. Basically, it summarizes the same information found in 1984 Advisory Committee Report. One new piece of information was the implementation schedule. Bohrer found it disturbing that once the MPCA and MDH positions are eastablished and assesed, it could still take another 12-14 months to have a functioning water system. He does agree that 7 months is a reasonable time for Steps 4, 5 and 6 for design and construction. It does not seem reasonable that it should take 7 months for the City and Counties to reach a decision on which systems to choose. According to the schedule put forth in this report, affected Lake Elmo residents will not have a water system until 1987 at the earliest. Morgan - I think 7 months is entirely too long to decide what an adequate system is. It has been discussed for almost two years. LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Page 5 In summary, Bohrer stated that both counties in separate resolutions had one time endorsed the Lake Elmo water supply, but then they went on to propose an inadequate system. What he considered an adequate system would cost about $200,000 more than what they estimated. The Counties began to relook at the Oakdale option in hopes of saving some money. The present Oakdale system that serves Zycad Development is deadended and Oakdale cannot supply both Zycad and Lake Elmo unless the Oakdale system is looped with the present water main that they have done on Stillwater Blvd. and Ideal. That loop will cost about $200,000. So now Oakdale and Lake Elmo systems may be equal again. Bohrer feels it iS time for the County to start talking to Lake Elmo. City Administrator Overby and with the help of City Attorney Knaak will write a letter to the County Commissioners expressing the City's disappointment with the schedule delay. City Engineer Bohrer suggested to be put on the Washington County Board Agenda for their Tuesday, January 14th, meeting. B. Review comments on Revised 509 Plan The information that was given on the Revised 509 Plan does not appear to be relevant any longer. After talking to the Watershed Engineer, Bohrer understands that the Metro Council and the PCA are objecting to the proposed 509 Plan because the routing of Sunfish Lake water into Lake Elmo will cause degrading of the water quality in Lake Elmo. The Metropolitan Council funds were going to pay for a significant portion of the water control structklVe on Eagle Point Lake. The reason they were going to do that is because keeping phosphorus laden water out of Lake Elmo has long term benefit for water quality. They feel it would be inconsistent to fund a water quality control project on Eagle Point but let uncontrolled, as far as water quality goes, water from Sunfish Lake into Lake Elmo. The Board of Managers is looking at the southern route that was considered in 1976. That is coming out of Lake Olson which presently now flows into Deer Pond and diverted. south into Crombie Pond, through the Shafer Pit, southerly just west of Kenrdige Additions under Highway 5, under the railroad trussel and Beutel Pond, with a larger outlet out of Beutel Pond through the Tablyn Park channel into Eagle Point Lake and bypassing Lake Jane, City Park Pond and Sunfish Lake. The Managers hope to obtain EPA Clean Water Funds in form of a grant. The grant deadline is January 16, 1986 for the application. Bohrer would like the City to have some type of preliminary plan either to the office or to him by next week so that at the next Council meeting they could discuss this. Jim Weyer - At their Thursday nights meeting Valley Branch stated that this will not delay the project. The cost would be increased about $500,000, but they are looking for $200,000 in grants. The rationale for doing this is that the Metro Council and PCA will LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Page 6 not approve a plan unless it considers the water quality of Lake Elmo. A question was raised from the audience as to why does the water that is coming out of Sunfish Park which is running over the ground smell like sewage. Mayor Morgan suggested, this be brought to the attention of the Valley Branch to see if their technical advisors can give us an explanation for this. City Administrator Overby stated that in December we did not have the second Council meeting and the Council came to a decision through a telephone poll to continue the VBWD pumping through the winter and thought this should be reaffirmed by a form of a motion. Morgan - In early December Valley Branch wanted to shut the pump off. There was a power failure in mid -December and they tried to drain the pipes and found out it was extremely difficult to find the low areas because of the heavy snow to drain the pipes rapidly enough. When the power came back on theyeoncluded that it was more dangerous to try todrain the pipes '.-inadequately than to just let it run. He has found through his own personal experience with Sunfish Park,it causes more damage to turn the pump on once you have it off than to leave it run because slush dams build up. Based on this, he was in favor of leaving the pump run. M/S/P Morgan/Dunn - to allow VBWD to continue pumping at Lake Jane until they can no longer feasibility pump as was indicated by a telephone poll of the Council on 12-13-85. (Motion carried 5-0). C. Cottage Grove Ravine Watershed Plan Tom Armstrong - Lake Elmo's representative on the Cottage Grove Ravine Watershed Joint Powers Board stated that this organization has set a deadline for April 1 for each one of the five cities within the watershed to come up with their plan. At that point we will assimulate-the plans together and come up with an overall water management plan for the Cottage Grove Ravine. The only problem they foresee is that we have 160 acres of Oakdale that flow into Lake Elmo into approximately 1140 acres and into Woodbury. Armstrong has contacted Douglas Thomas, the Washington County Resource Conservationist, and they have made a proposal as to costs that will be involved in putting together their portion of the plan. Armstrong suggested to the Council that under the new law you can put together a taxing district where you can impose a separate mill rate and asks that this be done between now and October for the Cottage Grove Ravine Watershed. Any costs that is incurred in the CGRWD be taxed back and put on an additional mill ( rate to that part of our City the next time you assess it. Douglas Thomas, MN Soil and Water Conservation District, explained the plan content and associged cost for a local watershed plan for LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Page 7 that portion of Lake Elmo lying within the Cottage Grove Ravine Watershed Management Organization that was listed in his December 11, 1985 letter to Tom Armstrong. The plan content has three sections: Inventory of Existing and Future Conditions, Inventory of the Watershed Hydrologic System and Develop Objectives, Policies and Management Strategies. The total cost estimate is $2,175 which comes out to be $2.00 an acre. City Engineer Bohrer stated that there are a few things that the City will have to have input on such tasks as the Future Land Use and the Development staging, Management Strategies and Implementation Program. M/S/P Morgan/Dunn - to approve the estimated expenditure of $2,175 and take this cost out of the appropriate fund for the Lake Elmo portion of the Cottage Grove Ravine Watershed Plan. (Motion carried 4-0). D. Amendment to Shafer Contracting Fill Permit City Engineer Bohrer stated that this is an amendment to the fill permit that was granted to Shafer Contracting for fill on the DeCoster property in Section 32. Unbeknown to Shafer Contracting and the City, when MN/DOT constructed 4th Street there was a culvert installed along the alignment of old Helmo Avenue. This filling that has been permitted on the DeCoster property will eliminte the need for that culvert. Shafer Contracting would like to eliminate this culvert which is owned and under the jurisdiction of Mn/DOT by constructing a masonry plug on each end and then fill in the ground. The problem is it involves some filling on the north side of 4th Street which is in the Helmo Avenue rigt-of-way. Bohrer has looked at the situation and the filling occurs entirely on the Helmo Avenue right-of-way and the drainage that collects in this corner of the intersection can be routed into another existing culvert to the north. He sees no impact on Lake Elmo or Elmo Avenue. M/S/P Christ/Armstrong - to approve an amendment to an existing fill permit for an estimated 1,300 cu.yds. to fill the necessary culvert elimination. (Motion carried 4-0). 7. PLANNING AND LAND USE A. 1986 Conditional Use Permits There are fourteen Conditional Use Permits that are up for renewal. Building Offical Jim McNamara stated that to his knowledge there hs not been any complaints or problems with these CUP Is. 1. Rockin L trailer Sales, 10824 Hudson Blvd. 2. Oakdale Gun Club 3. Breheim Kennls, 8415 38th St. No. LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Page 8 4. Lauseng Stone, Inc., 9591 60th St. N. 5. goods, Inc. 11490 Wudson Blvd. 6. Oakwood Animal Hospital, 8611 34th St. N. 7. Green Acres Rec., 8989 55th St. N. 8. Country Sun Farm, 11211 60th St. N. 9. Cimarron Golf Course 10. Animal Inn, 8633 34th St. N. 11. Helen Miller Fisher, 8139 38th St. N. 12. Shafer Contracting Co. 13. Vali Hi Drive 14. Hammes Mining (no application received) There was discussion on Green Acres Rec. Conditional Use Permit which states that the time of the last session had to end at 10:00 p.m. Because of insurance problems, they have to run their sessions for two hours instead of 2 1/2 hours. Accidents were happening in the last 15 minutes of the session so the insurance company requested they cut back their sessions one-half hour. On Friday and Saturday the sessions run from 8:30 to 10:30 p.m. and during the week they are opened from 6:00 to 9:00 p.m. In their permit it also states that there should be no more than 12 parties or events after these closing hours in any one year. This is what they will use to finish off the winter schedule because they probably only have 6 weeks left. They will roll back the time sessions one-half hour for next year which will comply to the required time stated on the CUP. City Attorney Knaak stated that the City Code states that a Conditional use Permit for mining purposes requires an annual permit. There has been no application for renewal so as of this time the Hammes Mining has no CUP for mining in the City of Lake Elmo. Dunn - I suggest a Registered letter be sent.to Hammes Mining notifying them that they have no mining permit for continued operation until the Hammes Mining Conditional Use Permit application is received. M/S/P Morgan/Armstrong - to approve the following Conditional Use Permits with the exception of Hammes Mining because no application or payment has yet been received. (Motion carried 4-0). Resolution 86-2 Rocking L Trailer Sales 86-3 Oakdale Gun Club 86-4 Breheim Kennels 86-5 Lauseng Stone, Inc. 86-6 Goods, Inc. 86-7 Oakwood Animal Hospital 86-8 Green Acres Rec. 86-9 Country Sun Farm 86-10 Cimarron Golf Course 86-11 Animal Inn 86-12 Helen Miller Fisher, (Fisher Kennel) 86-13 Shafer Contracting Co. 86-14 Vali Hi Drive In (This permit will be approved contingent upon proper paper work being completed.) lr LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Page 9 B. JOINT COUNCIL - Planning Commission Meeting There will be a joint meeting between the City Council and the Planning Commission on Monday, January 13th at 7:30 p.m.). The City Council will look over the attached summary of the Comprehensive Plan and prepare a list of questions for this joint meeting. 8. ADMINISTRATOR'S REPORT A. Personnel - Job Evaluation and Salary Increase City Administrator Overby stated that Administrative Secretary Sharon Lumby has successfully completed her six month probationary period effective 11-21-85 and received a 5 percent salary increase. At the special assessment meeting of 9-10-85, 1986 salary levels for staff were approved at a 4.0 percent increase over the 1985 pay rate except for the Administrative Secretary. In order for her to get a 4 percent increase in 1986, I recommend that her salary should be changed to $7.43/hour effective 1-1-86. M/S/P Dunn/Morgan - to approve a 4 percent salary increase ($7.43/hour) for Administrative Secretary Sharon Lumby effective January 1, 1986. (Motion carried 4-0). B. Employee Right To Know Act The Employee Right to Know Act was passed by the Minnesota Legislature in 1983. It is intended to ensure that employees are aware of the dangers associated with hazardous substances, harmful physical agents or infectious agents that they may be exposed to in their workplaces. The program offered by the Poison Control Center at St. Paul Ramsey Medical Center appears to be the most cost effective. It includes both a training session for all employees and written information on hazardous materials which can be updated annually as part of the service fee. The total package cost is $478.75 (including the Fire Department). City Attorney Knaak advised the Council that as a practical matter there is no question for the Fire Department to be included. When this bill was discussed arguements were made to include the Office Staff. If there was an accident or fire and someone was unaware of possible caustic fumes, the City could have because of the existence of this statute a greater liability. If an employee refuses to attend, a signed statement should be required. M/S/P Christ/Dunn - to approve to accept the program offered by the Poison Control Center at St. Paul Ramsey Medical Center at a total cost of $478.75. (Motion carried 4-0). C. Cable Commission Final Report LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Page 10 This Report will be presented at the City Council meeting on January 21, 1986. D. Office Equipment Needs Information was distributed by the City Administrator regarding various copiers with respect to cost, features and sorters. Administrator Overby will look into a copier with only the features that are necessary and most cost effective. M/S/P Morgan/Dunn - to authorize spending $8,000 for the most cost effective copier system and to consider leasing versus buying. (Motion carried 4-0). E. Request for Bids on New Dump Truck The 5 Year Capital Improvement Program for Maintenance Department Equipment indicates that replacement of the 1979 dump truck is scheduled for 1986. Dunn - I would like to advertise for bids to get some idea of the cost of these vehicles. At this point we have some basis to determine the value of old versus new. I suggest that we either use the truck or get rid of it. The specifications would be for the truck, hydraulic mechanism and dump box. The plow, underbody and sander would be acquired separately, be dealing directly with the manufacturers. There is $29,800 in reserve funds budgeted for this. M/S/P Morgan/Christ - to advertise for bids on a new dump truck per specifications. (Motion carried 4-0). F. Newsletter Item Bruce Dunn suggested that this information relative to household hazardous waste could be inserted into the City Newsletter and Shoppers Review. Rose Armstrong and Bob Overby will look into the most effective way. G. Office Space Project Mayor Morgan had talked to Mr. Friedrich, and he was willing to trade land around the access to the park. The land by the church is not available because he has sold it. City Engineer Bohrer will look into the amount of land needed for a building, parking and a drainfield. Councilmember Armstrong questioned if this entry on an angle would create a traffic hazard and felt Mn/Dot and Engineer Bohrer could look at the site. H. Snowmobile problem There are problems with snowmobiles being driven on people's property in front of the White Hat and onto Lake Elmo Oil. An LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1986 Page 11 article should be written regarding obeying our snowmobile ordinance and a map of trails could be indicated. I. Resolution for Bill Lundquist M/S/P Morgan/Dunn - to approve Resolution 86-1 offering appreciation and thanks to William Lundquist for his contribution to the City of Lake Elmo from 1970 through 1985. (Motion carried 4-0). M/S/P Dunn/Morgan - to adjourn the City Council meeting at 10:10 p.m. (Motion carried 4-0). Amended 1-21-86 Page 4 M/S/P Morgan/Dunn - to move Ron Reuther and Marjorie Williams to a full voting member and move Steve Raleigh as 1st Alternate on the Planning Commission, (Motion carried 4-1<Mazzara>). 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 7, 1986 7:00 p.m. Meetings Convenes 1. Agenda 2. Minutes: December 3, 1985 3. Claims 7:15 4. Public Inquiries 5. ANNUAL ORGANIZATIONAL MEETING A. Election of Acting Mayor B. Appointment of Official Depositories C. Designation of Legal Newspaper D. Appointment of City Consultants E. Appointment of the Council as Personnel, Budget, and Capital Improvement Committee F. Appointment of City Representatives to Community Education Advisory Boards G. Appointments to City Commissions 6. CITY ENGINEER'S REPORT A. Long Term Drinking Water Supply Plan B. Review comments on Revised 509 Plan --- BREAK --------------------- C. Cottage Grove Ravine Watershed Plan 7. PLANNING AND LAND USE A. 1986 Conditional Use Permits B. JOINT COUNCIL - Planning Commission Meeting (7:30 p.m. January 13th). 8. ADMINISTRATOR'S REPORT A. Personnel - Job Evaluations and Salary Increases B. Employee Right to Know Act C. Cable Commission Final Report D. Office Equipment Needs E, i Request for Bids on New Dump Truck F; Newsletter Item 9. Adjournment