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HomeMy WebLinkAbout05-20-86 CCMSince 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 MAY 20, 1986 7:00 P.M. MEETING CONVENES 1. Agenda 2. Minutes: May 6, 1986 Claims 4. Public Inquiries 5. Jaycees: Huff N'Puff Days 6. Speeding Problem on 36th Street - Petition for Speed Zone Study 7. CITY ENGINEER'S REPORT A. Derrick Land Fill Permit B. Sunfish Lake Pumping Feasibility Report C. Public Improvement Street Projects D. 201 Program - Easement Appraisals E. VBWD Project 1007 - Shoreland Permit and Construction Plan Approval B R E AK- 8. CITY COUNCIL REPORT A. Building Committee B. Lake Jane Water Supply System Proposal 9. CITY ATTORNEY'S REPORT A. Procedural Guidelines 10. CITY ADMINISTRATOR'S REPORT A. Conference on Personnel Law B. Strategic Planning C. Other 11. Adjourn ( ADDITION TO 5-20-86 CITY COUNCIL AGENDA Jim McNamara has requested time to discuss with the City Council the possibility of using the -.Fire Department's "Old Scout" (1963) for his building inspections. Jim will be present at the meeting to discuss this request with you. LAKE ELMO CITY COUNCIL MAY 20, 1986 >� APPROVED MINUTES,f ,.. ... 4 Mayor Morgan called the City Council meeting to order at 7:00 p.m. in the City Council chambers. Present: Armstrong, Dunn, Mazzara, Christ, City Administrator Overbyy City Engineer Bohrer and City Attorney Knaak. 1. Agenda Add: 4B. Request by Jim McNamara for the use of the Fire Department's "Old Scout" for Building Inspections, 4C. Shoreland Permit Request by Mr. M. McCollar, 9B. Public Gaming M/S/P Christ/Mazzara - to approve the agenda for May 20, 1986 City Council Meeting. (Motion carried 5-0). 2. Minutes: May 6, 1986 M/S/P Dunn/Mazzara - to approve the May 6, 1986 City Council minutes as amended.. (Motion carried 5-0). 3. Claims M/S/P Armstrong/Mazzara - to approve the May 20, 1986 claims #87335 thru #87376 as presented. (Motion carried 5-0). 4. A. Public Inquiries There were no public inquiries. B. Request by Jim McNamara for the use of the Fire Department's "Old Scout" for building inspections. Building Official Jim McNamara made an offer to purchase the Fire Department's 1963 Scout for building inspections and would like to be able to drive it back and forth to work. The Scout has been inactive and sitting idle since last Fall. City Attorney Knaak advised the Council that the vehicle would have to be put out on bids. The City Council had no problem with making the Scout available to the building department. It was suggested that the City Administrator talk it over with Chief Pott to see if the Fire Department had a reasonable use for the Scout. If they did not, then the Council would make it available to Jim McNamara. C. Shoreland Permit Request by Mr. Maurice McCollar Mr. Maurice McCollar owns property at 8034 Hill Trail North and has requested answers to three basic questions: 1. Can the garage be built on the property?; 2. Can the property be rebuilt if it was burned or destroyed?; 3. Can the property be sold? LAKE ELMO CITY COUNCIL MINUTES MAY 20, 1986 PAGE 2 City Administrator Overby stated that the City has a shoreland ordinance application from Mr. McCollar, but it was not put on the agenda because the staff is not finished reviewing it. Jim McNamara added that there would be a variance needed from lot size, from the lot width setback and a shoreland variance. Because this requires 10 days notice for a public hearing, this will be scheduled for the June 17th City Council meeting. City Attorney Knaak responded that he would be happy to answer any code questions that Mr. McCollar would raise. 5. Jaycees; Huff N'Puff Days Kathy Hemen and Terry Mazzara from the Lake Elmo Jaycees appeared before the Council to discuss the plans for the Huff n' Puff's loth Anniversary celebration August 13-17, 1986. Activities will include a water show put on by the Bald Eagle Water Ski Club, softball, tennis and cribbage tournaments, junior olympics, hot air balloon tether rides, homerun derby, horseshoes, volley ball tournaments, an outdoor dance, 10K race at the Regional Park, kids games, golf, and a week long treasure hunt. M/S/P Morgan/Christ - to adopt Resolution 86-33 acknowledging Huff n'Puff's loth Anniversary celebration from August 13-17, 1986 and the signficant contribution that the Lake Elmo Jaycees have made to the City of Lake Elmo. (Motion carried 5-0). 6. Speeding Problem on 36th Street - Petition for Speed Zone Study Richard Quinn of 8929 36th Street N. presented a petition to the City Council requesting that the speed limit on 36th Street be lowered to 20 mph. The traffic -safety problem concerns drivers who exceed the statutory speed of 30 mph and also the physical conditions of the street (poor visibility) both of which could lead to an injury or fatality while children are crossing or walking along this street. City Engineer Bohrer advised the Council that the City has the authority over the cautionary signs, but does not have authority over the speed limit signs. Bohrer recommended that with the Council's approval the City would take care of the advisory type signs and would make a request to Mn/DOT for a speed zone study. M/S/P Christ/Morgan - to instruct the City staff to erect "caution" signs along 36th street while City Engineer Bohrer will proceed with a request to Mn/DOT for a speed zone study and indicate their preference of 20 mph. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 20, 1986 PAGE 3 City Engineer Bohrer informed the Council that Irwin Avenue is platted as a half right-of-way. From a maintenance standpoint it would be best to leave this street open in the winter because it would be very difficult to plow snow. M/S/P Morgan/Christ - to erect- "dead-end signs" and also place sawhorses at both ends of 36th and 37th Street. (Motion carried 5-0). 7. CITY ENGINEER'S REPORT A. Derrick Land Fill Permit City Engineer Bohrer gave a, status report on the Derrick Land Company Fill Permit. At the last Council meeting, it was reported that the watertable measurements were above the "critical depth" on Lot #4 and it would be considered not buildable. Over the past two weeks, the waterlevel readings have continued on the other three lots. Since Lot #3 was above 5 feet, but below 4 feet it was necessary to take percolation tests. The percolations test were such that Lot #3 was also above the "critical depth" which would make the lot unbuildable for the septic system criteria. Monitoring will continue on Lot #1 and Lot #2 until June 1, 1986 and by the next council meeting there would be a final report. Bohrer will send a letter to Derrick Land informing him of Lot #3. B. Sunfish Lake Pumping Feasibility Report City Enginner Bohrer handed out the VBWD report on pumping Sunfish Lake, which was considered in 1985. At that time, the estimated cost to remove the equivalent of two vertical feet (140 acre feet) from Sunfish Lake was $28,500 to $33,200. Removal of the water was proposed to be by diesel pump with final disposal by irrigating on crop land. The irrigation method is equivalent to about 1/2" to 1" of precipitation per day over 40 acres.There are very few crops that would be able to tolerate this much water. Three farmers have fields within a reasonable distance from Sunfish Lake, but Bohrer believes they have not been contacted about the possibility of irrigating. They are: Lehart Friedrich on City -owned land - Parcel 2000 Pete Schiltgen - east of Sunfish Lake - Parcel 2300 Don Moris - north of Sunfish lake - Parcel 2450 The possibility of creating an infiltration pond similar to the disposal area created for Washington County's gradient control system was investigated. Test holes were dug in a depression west of the Sunfish Park parking lot. This area turned out not to be acceptable with 5-7 feet of clay and water below that. The last Lake Jane pumping project performed by the City assessed the cost over 534 parcels. Assuming the same benefit can be LAKE ELMO CITY COUNCIL MINUTES MAY 20, 1986 PAGE 4 derived from this project (disposal of storm water runoff) assessing the VBWD's estimate of project cost over 534 parcels would.result in assessments ranging from $53 to $62 per parcel. City Engineer Bohrer stated that you can assess, but you could have some successful challenges because benefit based on contribution to the problem has been successfully challenged. City Attorney Knaak cautioned the Council that the city could end up picking up the cost of the pumping project. Nels Nelson, engineer for the VBWD, added that in the past two to three years, the appeals courts have really narrowed down what you can do with upstream assessments. Mayor Morgan suggested two areas: just south of Sunfish Lake up on the high plateau and the other spot would be city land that is rented out to Mr. Friedrich. Bohrer felt the closer the infiltration basin is to the lake the greater the chance is of just recirculating the water. Morgan further added that the gradient well has been pumping for three years and allegedly no water is running off the property and they are pumping 190 gallons per minute. If we could find a spot, we need to pump 380 gallons per minute in order to take 140 feet off of Sunfish Lake. City Engineer Bohrer added that the feasibility of this project will depend on finding a landowner willing to accept the irrigation water, but the potential for crop damage is high. There was mixed feelings among the Council on the pumping project. Councilman Dunn felt that we are establishing a precedent if we do this and we might as well be ready to "eat the whole thing" if we go ahead with the pumping. Councilwoman Armstrong stated that the City should stay out of the water business. Councilman Mazzara would be in favor of looking for a specific area, but by being in favor of this doesn't mean he would vote for a public hearing to order the project. Councilman Christ was in support of the project and was ready to vote for the preliminary fund that was necessary to initiate the project. He added that it was certainly a shame that we as a city have to address this when there's a watershed district available. Pat Riley who is a Sunfish landowner responded that the people of Sunfish have really tried to work with the people on Lake Jane, and the people on the council and on the watershed board, but somewhere reason has to take effect and he didn't want the Council to forget about the people on Sunfish. He further explained how his home was built 18 feet above the ordinary high water mark and is now less than 10 feet away from the actual water level. M/S/P Morgan/Christ - to instruct City Engineer Bohrer to find a place to put the water from a Sunfish Pumping Project. (Motion carried 5-0). C. Public Improvement Street Projects May 6 (amended 6-3-86) At the J-une-6-Council meeting, City Engineer Bohrer had recommended that Layton Avenue from Highway 5 to 36th Street, 36th Street from Laverne Avenue to Layton Avenue, and 33rd Street Lane LAKE ELMO CITY COUNCIL MINUTES MAY 20, 1986 PAGE 5 should be improved as Public Improvement projects. M/S/P - Mazzara/Armstrong - to adopt Resolution 86-34 instructing City Engineer Bohrer to prepare the necessary feasibility reports for improving Layton Avenue from Highway 5 to 36th Street, 36th Street from Laverne Avenue to Layton Avenue, and 33rd Street Lane. (Motion carried 5-0). D. 201 Program - Easement Appraisals City Engineer Bohrer explained that the portion of the 201 Program which deals with the off -site and cluster type septic systems requires land acquisitions and easements. The first step is to have this land value appraised. William Schwab of Penfield, Inc. is performing these appraisals. Bill Schwab reported to the Council that they have started the appraisal process, but it has taken longer than what was anticipated because of the federal regulations that they are operating under. They have to comply to the Uniform Acquisition Act since they are using federal monies, and they put certain stipulations on the process. There are seven pieces of property that they are actually taking fee title to. Schwab brought to the attention of the Council a portion of Outlot A of Lake Elmo View is needed for a drainfield. Based on the engineer's soils investigation, this is the only portion of the entire 5-acre parcel that is suitable for an on -site system. This parcel is also adjacent to Reid Park. It would not make a big difference in just compensation to purchase the whole parcel. The balance of Outlot A is not buildable, and the landowner could object to the City's offer if the entire tract was not purchased. M/S/P Christ/Morgan - to recommend the acquisition of the entire tract of Outlot A, Block 1, of Lake Elmo View for remote site B on the 201 Program. (Motion carried 5-0). M/S/P Christ/Morgan - to form a committee comprised of City Engineer Bohrer, City Administrator Overby and Bill Schwab to review the appraisals, determine that they are done properly and certifying that the appraisals are fair and just compensation. (Motion carried 5-0). E. VBWD Project 1007 - Shoreland Permit and Construction Plan Approval City Engineer Bohrer reported that the plans for Project 1007 are complete. Since a substantial amount of the work is taking place in city rights -of -way and in shoreland districts, it is appropriate for the City to review these plans to grant a shoreland permit and approve the construction plans. M/S/P Morgan/Mazzara - to approve the shoreland permit to authorize work on Project 1007 to commence in shoreland areas of Lake Elmo. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 20, 1986 PAGE 6 M/S/P Morgan/Mazzara - to approve the construction plan for Project 1007 based on City Engineer Bohrer's approval of the plan. (Motion carried 5-0). M/S/P Morgan/Christ - to wish the Valley Branch Watershed "God Speed" on implementing Project 1007. (Motion carried 5-0). 8. CITY COUNCIL REPORT A. Building Committee Councilman Christ presented an estimate of construction costs for the new City office building. Architect Costs $12,000 Insurance 12,000 Excavation/Fill 10,000 Concrete Work 10,000 Building Materials 35,000 Heating/Air Conditioning 12,000 Plumbing 10,000 Electrical 6,000 Septic/Water Hookup 3,000 Interior/Exterior Finish 17,000 Landscape 3,000 Miscellaneous 10,000 TOTAL $1 04�,000 Councilman Christ reported that they are planning to lay blocks at the end of the week and then they can proceed with the backfilling and then pouring of the floor. Because of a small revision that was made, the committee is awaiting the finalized plans in order to bid out the materials. B. Lake Jane Water Supply System Proposal The Ramsey and Washington County Boards voted to give a total of $175,000 for the installation of a new public water supply system for 10 homes near the former county -operated Lake Jane landfill. Complete installation, ownership and operation of the proposed system would be up to the City. These funds were offered as an alternative to the installation of granular activated carbon filtration units in 4 individual wells. Councilman Christ estimated that $175,000 amounts to about three -fourths of the cheapest cost for such a system, and would leave $50-60,000 remaining cost to be shared among 10 homeowners. The counties didn't take into account that there are over 20 homes affected. Christ added that the counties seem to think they've done us a big favor and again they have taken the cheap way out. He suggested that maybe the courts should decide who should pay. Councilwoman Armstrong warned the homeowners that if the City turns this down now, it's probably going to take two years before LAKE ELMO CITY COUNCIL MINUTES MAY 20, 1986 PAGE 7 you'll have a water system. Armstrong added that she hated to see these people get together and spend a lot of money on the courts and it happens time and again that you come out worse than if you would have taken the offer in the first place. A resident affected by the landfill felt that the Council should reject the offer because by accepting it at this point would be a very big mistake. He added that he no longer has faith in anything the counties said and felt it was time the residents quit taking it and get serious. City Attorney Knaak called the counties' offer inadequate and the only conceivable defense is that they honestly seem to believe that the City is secretly constructing a city-wide municipal water system, which is not at all the case. Knaak felt that the offer should be viewed as a beginning, not an end, for the negotiation process saying that even from a negotiation standpoint this is not a "good faith" offer. Councilman Dunn stated that the fight at this point in time has to be between the landowners and the counties. He felt that the involvement of the city actually was a detriment to the landowners. Councilman Christ assured the residents that the landfill was originally put in against the strenuous objections of the city. Mayor Morgan noted that ironically, the permit for the landfill was the first granted by the Minnesota Pollution Control Agency --Permit Number One. M/S/P Morgan/Dunn - to instruct City Attorney Knaak and City Administrator Overby draft a response to make the City's position clear to the two counties that Lake Elmo will not accept their $175,OOO offer as adequate remuneration for a "county -created" problem. (Motion carried 5-0). 9. CITY ATTORNEY'S REPORT A. Procedural Guidelines City Attorney Knaak presented a Clarification of Procedures in the Case of a Variance Denial. There was discussion on how these procedures would help minimize the City's exposure to litigation. The guidelines also serve to provide a stronger official legal and factual record on which to base the City's court case. These guidelines will be filed in the City's policy book. B. Public Gaming Terrance Needham of the Lake Elmo Jaycess requested a special use permit from the City for gaming in the Twin Point Tavern. The Proposed Charitable Gambling Ordinance Language was drafted by the City Attorney and presented to the Planning Commission. It was tabled for more detailed information, such as a copy of the Oakdale Charitable Gambling Ordinance and the State Gambling Laws. LAKE ELMO CITY COUNCIL MINUTES MAY 20, 1986 PAGE 8 Needham added that by this being tabled, it would make the Jaycees loose a large amount of revenue from Huff n' Puff. It would be illegal for the Jaycees to run a raffle or any gambling devices until the new ordinance took effect. City Attorney Knaak explained that the Planning Commission did review the ordinance and there was considerable amount of discussion on the whole issue of gambling. They had concerns about connecting these permits with the year-round city liquor licenses, time limits, which gambling devices to permit and clarification of the definition of charitable organizations. Councilman Dunn stated we have a process of the Planning Commission reviewing the request before it comes to the City Council, then why are we circumventing the process. This should be put on the agenda where we can have time to look it over and understand it. Needham answered because you will be putting all the charitable organization out of business. The Jaycess are under a time constraint in order to a run a raffle for Huff n'Puff Days. City Overby stated that the Planning Commission was not aware of these time constraints at their Monday meeting. M/S/P - Mazzara/Christ - to adopt Ordinate No. 7977 amending Section 1104 Charitable Gambling of the Lake Elmo Municipal Code. (Motion carried 4-1<Armstrong: there is too much information that we aren't aware,,,`o be able to vote�and we don't have to rush this through tonight>). City Attorney Knaak explained that if the City Council passed this ordinance it still can be examined by the Planning Commission and recommendations can be made for modifications. He added that the ordinance will not take into affect until it is published. Mayor Morgan suggested the City Administrator work out the details. M/S/P Morgan/Mazzara - to refer Ordinance No. 7977 amending Section 1104 Charitable Gambling to the Planning Commission for their examination and recommended modifications along with the City Council's apologiesfor`by-passing the normal review procedures. (Motion carried 5-0). M/S/P/ Morgan/Mazzara - to extend the City Council meeting to 10:55 p.m. (Motion carried 5-0). 10. CITY ADMINISTRATOR'S REPORT A. Conference on Personnel Law This Personnel Law Update Seminar will be held on June 9 and 10 in the Hotel Sofitel in Bloomington at a registration cost of $395. This would offer valuable information for the general management of City employees, aside from the potential of avoiding litigation. M/S/P Armstrong/Dunn - to deny the request for the City Administrator to attend the Personnel Law Update Seminar based on LAKE ELMO CITY COUNCIL MINUTES MAY 20, 1986 PAGE 9 the feeling that the City does have a competent City Attorney. (Motion carried 5-0). B. Strategic Planning It was the consensus of the City Council that this free Consultation Service was not worth pursuing. M/S/P Armstrong/Dunn - to deny the authorization for the City Administrator to contact GTS and set up a free consultation session based on the premise of the planning expertise of the City Administrator. (Motion carried 5-0). M/S/P Morgan/Dunn - to adjourn the City Council meeting at 10:50 p.m. (Motion carried 5-0). Resolution 86-33 - acknowledging Huff n' Puff's loth Anniversary celebration from August 13-17, 1986 and the significant contribution that the Lake Elmo Jaycees have made to the City of Lake Elmo. Resolution 86-34 - instructing City Engineer Bohrer to prepare the necessary feasibility reports for improving Layton Avenue from Highway 5 to 36th St., 36th Street from Laverne Avenue to Layton Avenue, and 33rd Street Lane. Ordinance No. 7977 - amending Section 1104 Charitable Gambling of the Lake Elmo Municipal Code.