HomeMy WebLinkAbout05-06-86 CCMLAKE ELMO CITY COUNCIL MINUTES
MAY 6, 1986
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 Overby, City Engineer Bohrer and Steve
Carlson in place of City Attorney Knaak.
1. Agenda
Add: 8F. Update on Lake Jane Water Supply System, 10H. Board of
Review Schedule
M/S/P Mazzara/Christ - to approve the agenda for the May 6, 1986
City Council Meeting. (Motion carried 5-0).
2. Minutes: April 15, 1986
M/S/P Christ/Armstrong - to approve the April 15, 1986 City
Council minutes as presented. (Motion carried 5-0).
3. Claims
M/S/P Christ/Mazzara - to approve the May 6, 1986 claims #87279
thru #87334 as presented. (Motion carried 5-0).
4. Public Inquiries
A. Kent and Linda Voge: Water Levels near Downs Lake
and Legion Avenue.
Kent and Linda Voge, 2257 Legion Avenue, informed the Council that
the pond in Eden Park has risen about 10 feet, from 876 to 885, in
the last ten years. They have water in their basement, and asked
the Council for a suggestion to prevent this problem from getting
worse for them and other neighborhood residents.
Mayor Morgan told the Voge's that the only encouragement he could
give them is that the 509 Plan is now scheduled to go into effect
August 11, 1986. Implementation of the 509 Plan will give Lake
Elmo an outlet, and although it will not solve this particular
problem, it will give these homeowners some options. Hopefully,
the groundwater table will go down somewhat if we don't continue
to have the heavy rains that we have had.
Morgan pointed out that this past April, and three consecutive
months last Fall were the the wetest in Minnesota's history. He
stated further that although the problem is still there, when
Legion Pond was pumped last Fall, it went down 14 inches in a
week, and it stayed down until the heavy spring runoff and rains
occurred. Even after the spring rains, it was still 2 inches
lower than when pumping began, but after the last 3 inches it is
now over that level.
LAKE ELMO CITY COUNCIL MINUTES MAY 6, 1986 PAGE 2
Mayor Morgan added that if you have a place to put the water, you
can pump these ponds and they will stay down. If there is an
outlet to Tartan Park and to Lake Elmo, maybe there is some hope
that at least late this Fall, something can be done.
City Engineer Bohrer stated that when Eden Park, First Addition,
was first platted there was a drainage easement that was reserved
for about elevation 890.
In retrospect, Morgan stated, perhaps the needs and size of the
ponds may have been underestimated knowing the history of the past
20 years, because even the ponds that are uneffected by
development are at a 40 year record. high.
Jim Weyer, President of the Lake Jane Association told the Council
there is always a possibility that the 509 Plan may not go through
for one reason or another. Weyer stres.Ted that it is imperative
for all residents of the City to attend the Valley Branch
Watershed District's public hearing for May 19, 1986 at Oakland
Junior High School -at 7:30 p.m.. They can make known their
support of this Plan to the VBWD Board of Directors, as
implementation of this program will open up options for correcting
other water problems throughout the City.
Request for "no -wake" on Lake Jane
Jim Weyer, representing the Lake Jane Association, requested that
the City again ban the use of gasoline motors on Lake Jane. Weyer
stated that in the past the ban went into effect when Lake Jane
reached 924, and as of 5-5-86 Lake Jane was at 924.18. Homeowners
have already started sandbagging and building dikes because of the
danger of homes flooding. This ban on gasoline motors is to
protect these dikes and sandbags, to prevent as much erosion to
property as possible.
M/S/P Morgan/Christ - to approve the Lake Jane Association's
request to ban the use of gasoline motors on Lake Jane when the
level is above 924, but with the stipulation that this ban be
lifted when the lake level drops below 924. (Motion carried 5-0).
B. 31st Street Homeowners: water problems.
There were no 31st Street homeowners in attendance for the public
inquiries.
5. Street Light Request for 21st Street North and Manning Avenue:
Roger Columbo
Roger Columbo presented a petition for a street light request
signed by 75% of the residents within 300 feet of the proposed
street light. The residents feel that the light is needed for two
reasons: 1. In the winter there are a number of school children
standing in the dark waiting for the school bus, and 2. In the
evening it is an easy corner to miss and a good potential for
rear -end accidents. Since there is a utility pole available at
LAKE ELMO CITY COUNCIL MINUTES MAY 6, 1986 PAGE 3
the intersection, NSP had informed the City that there would be no
installation cost, but there would be annual electrical charge.
M/S/P Morgan/Armstrong - to approve a street light request by
Roger Columbo for 21st St. N. and Manning as petitioned by 75% of
the surrounding property owners. (Motion carried 5-0).
6. Discussion of Subdivision and Variances Request:
Ken Sovereign, 4415 Olson Lake Trail N.
Mr. Sovereign's request was first discussed at the 3-24-86 Council
meeting before the development moratorium went into effect. Mr.
Sovereign was not at that meeting, but was represented by his
surveyor, Bruce Folz. Mr. Sovereign requested the Council to
table the public hearing until the April 15th meeting so he could
be present. City Administrator Overby had pointed out that the
Council could not take action on this request after the
development moratorium ordinance takes effect on 4-2-86. The
Council passed a motion (5-0) to table the application until after
the six month moratorium.
Mr. Sovereign was present to ask the City Council to reconsider
its motion to table his subdivision request. Mr. Sovereign stated
that he felt the ordinance still permitted his application to be
considered and nothing will be built on the property so it will
not interfere with the moratorium.
Steve Carlson informed the City Council that the understanding was
the application request was tabled until the six month moratorium.
If it was to be discussed a motion has to be made to take the
request off the table. In reviewing the ordinance, the proposal
is inf_act -subject to the moratorium as passed.
M/S/P Morgan/Christ - to take off the table the Ken Sovereign's
subdivision and variance application at 4415 Olson Lake TBil.
(Motion carried 4-1<Mazzara>). Amended 5-15-8 (See Pg.
Mr. Sovereign explained his subdivision and variance request and
his concern of the lot size requirement being changed in the R-1
zone during the moratorium. He re-emphasized that his subdivision
and variance request was requested before the moratorium went into
effect.
Mayor Morgan stated that by doing nothing it is under the
moratorium and suggested Mr. Sovereign simplify his explanations
in order to v0derstand his request.
M/S/P Mazzara/Dunn - to table until the end of the moratorium the
request for a subdivision and variances from Ken Sovereign, 4415
Olson Lake Trail N. (Motion carred 5-0).
7. Public Hearing Variance from ten foot side yard setback
in R-1 zone. Glen Wichelmann, 9065 28th Street N.
Pursuant to published notice Mayor Morgan opened up the public
LAKE ELMO CITY COUNCIL MINUTES MAY 6, 1986 PAGE 4
hearing at 8:22 p.m.
Mr. Wichelmann wishes to build a 24' x 36' garage at the rear of
his lot, to be located between the septic tanks and the side lot
line. This lot configuration was presented as the hardship. A
letter was presented by his neighbor, Richard Law, stating that he
has no objection to the side yard setback variance. Mr.
Wichelamnn stated he could move the garage 3 feet more to the
east.
Councilman Dunn espressed his concern of establishing a valid
property line. City Engineer Bohrer stated that in the past the
property line shall be established sufficiently so that the
Building Inspector can determine if the setbacks have been met. A
survey will be required if the Building Inspector cannot determine
the valid property lines.
Mayor Morgan closed the public hearing at 8:32 p.m.
M/S/P Morgan/Christ - to approve a minimum 5 foot sideyard setback
for the construction of a garage to Glen Wichelmann, 9065 28th St.
N contingent upon the property lines being established to the
satisfaction of the Building Inspector. (Motion carried 5-0).
8. CITY ENGINEER'S REPORT
A. Derrick Land Co. Fill Permit - monitoring update
Derrick Land Company, the owner of Lots 1-4, Block 2 DeMontreville
Highlands 3rd Additon had performed soil boring and percolation
tests on these lots in anticipation of a sale. They found slow
percolating soil and perched water table near the surface. After
reviewing the original contour map of the area, it appeared that
the majority of these lots were low and then filled. The filling
has trapped the water.
Septic systems cannot be built in these soil conditions. The Lake
Elmo Municipal Code does allow sandy fill to be hauled in to
provide the separation from the water table. Grading and filling
of this type is regulated under the City Building Code.
Ordinarily, these permits are granted administratively, but
because of the extensive nature of the filling it was brought to
the attention of the City Council. Permission to fill these lots
in an attempt to provide adequate septic systems (buildable lots)
was approved by the City Council, with the stipulation that if
this process did not work, the fill would have to be removed and
the lots would be deemed unbuildable.
On May 5, 1986, CIty Engineer, Larry Bohrer and City Building
Official, Jim McNamara met with Roger Johnson, a certified site
evaluator hired by Derrick Land Company to oversee this project,
reviewed the results of the water level monitoring on these four
sites. The Code states that if the water level is above the
"critical depth" for two consecutive_ weekly readings, the site is
unacceptable. The critical depth is 5 feet for soils with
LAKE ELMO CITY COUNCIL MINUTES MAY 6, 1986 PAGE 5
percolation rates faster than 15 minutes per inch (mpi) and 4 feet
for soils slower than 15 mpi.
As of May 6, 1986 Lot 4 had consecutive water level readings above
the 4 foot or 5 foot critical depth, and is therefore according to
City Code, unacceptable. The water level monitoring on the
remaining three lots still needs to continue until they are proven
unacceptable or June 1, 1986 before a final decision can be made.
Several residents from the area expressed concern to the Council
that they feel the filling has caused severe drainage problems in
the area, and the appearance of the lots do not conform to the
other lots in the neighborhood.
Because the entire development was designed to drain into the
existing holding pond to prevent water from going down into
DeMontreville, the City will put Derrick Land Company on notice
that the existing topography is unacceptable, that drainage is
unacceptable, and regardless of what happens with the percolation,
before the City Council approval is given, additional fill shall
be brought in, and additional drainage shall be provided to so as
to drain according to the original drainage plan for DeMontreville
Highlands 3rd Addition, and the City will not allow the water to
drain any way than from what was originally planned for this area.
M/S/P Christ/Morgan - to approve a letter be written putting
Derrick Land Company on record that the existing topography and
drainage is unacceptable, and regardless of what happens with the
percolation before the City Council approval is given, additional
fill shall be brought in, and additional drainage shall be
provided so as to drain according to the original drainage plan
for DeMontreville Highlands 3rd Addition, and the City will not
allow the water to drain any way than from what was originally
planned for this area. (Motion carried 4-1<Mazzara: suggests
waiting until June 1 to find out if the remaining lots can perk>).
B. Street Improvement Needs
At the 1986 Sealcoat Hearing and at other times during the past
month, various street issues were referred to the City. The City
Engineer and Maintenance Foreman have inspected and discussed the
condition of roads that were scheduled to be part of this year's
sealcoating program. They also looked at streets which may need
major improvement work that may be suitable for MSA funding.
The City Engineer made his recommendations on eight streets in his
letter to the City Council dated May 1, 1986.
M/S/P Dunn/Christ - to accept the City Engineer's recommendations
as presented in his May 1, 1986 letter excluding Item No. 8-15th
Street. (Motion carried 5-0).
M/S/P Dunn/Christ - to accept the City Engineer's recommendation
for 15th Street as presented in his letter dated May 1, 1986.
LAKE ELMO CITY COUNCIL MINUTES MAY 6, 1986 PAGE 6
(Motion carried 4-0-1<Armstrong>).
C. Street Sign Inventory Program
The City Engineer recommended that the City Council consider the
Traffic Sign Safety Program because of two recent lawsuits
accusing the City of improper signing. This program consists of
three phases: inventory to determine needs, purchase of signs,
and installation of signs. The City's obligation is limited to
10% of the cost of all three phases. The cost of the Inventory
phase is limited to $29 per mile of which the City pays 10%: 41
miles of local streets x $29 per mile x 10% _ $119. The City's
share of Phases 2 and 3 will depend on the actual number of signs
needed.
M/S/P Morgan/Christ to approve the City's participation in a 90%
federally funded "Traffic Sign Safety Program" to the extent that
an inventory to determine needs will be made. (Motion carried
5-0).
D. 201 Program - Schedule Update
City Engineer Bohrer advised the Council that authorization to
advertise for bids for the on -site septic system improvements, has
now been received from the Minnesota Pollution Control Agency.
These bids will be let in three phases with the bid openings as
scheduled for 10:00 a.m. May 30, 1986, 10:00 a.m. June 4, 1986 and
10:00 a.m. June 61 1986 anticipating that the Council will award
the bids contingent upon MPCA and EPA approval. After Council
action, the Agencies will require 30 to 90 days to concur in the
awards. Construction could then begin somewhere between July 15,
and September 15 1986.
E. Cottage Grove Ravine Water Management Plan
City Engineer Bohrer reviewed the preliminary draft of the Local
Water Management Plan for the Lake Elmo -Cottage Grove Ravine WMO,
dated April 1986. His comments are addressed in his letter to the
City Council dated May 1, 1986. Doug Thomas from the Soil and
Conservation Service was present with answers on these three
inquiries. Copies of the water resource inventory and the
detailed hydrologic inventory were made available. The
legislature has given another year, December 31, 1987, before the
plan has to be completed.
F. Lake Jane Water Supply - Update
City Administrator Overby attended the Ramsey County Environmental
Committee Meeting. The intent of the meeting was to discuss from
the Washington County's point of view whether Ramsey County would
see any reason to change their decision to put in filters on the
affected homes. Because of the amount of discussion, no decision
had been made. Another special committee meeting will be held to
go over this same material.
LAKE ELMO CITY COUNCIL MINUTES MAY 6, 1986 PAGE 7
9. CITY COUNCIL REPORTS
A. City Office Building
Prior to the City Council meeting, a ground breaking ceremony for
the new city office building was conducted on Tuesday, May 6, 1986
at 6:00 p.m.
City Engineer Bohrer reported that on May 5, 1986 exploration pits
were dug on the proposed office building site. The soils consist
of a 12-inch layer of topsoil over clay. No groundwater was
present to a depth of 5 feet. The soils appear to be natural
since no fill was discovered. The soils found in the drainfield
are not representative of those shown in the percolation tests run
in 1981. The following are the City Engineer's recommendations of
the site:
1. Strip all topsoil from the building and parking areas.
2. Fill the site to the proposed subgrade elevations with
granualar fill which should be compacted with a large
vibratory roller in layers not to exceed 12 inches.
Compaction should continue until there is no further
evidence of consolidation.
3. New percolation tests should be performed on the drainfield
site at 18"-24" depth to accurately size the drainfield.
Jim McNamara who is ?`'PQA- #Q0686 certified. with the City will do
the percolation tests with the help of the City crew.(Amended 5-20-86)
City Engineer Bohrer handed out the final plans and specifications
which included the site plan, architectual plans, and structural
details. The mechanical plan will be finished at a later date.
The local Building Inspector will review these plans and because
this is a public building the plan must also be reviewed by the
State of Minnesota. If the Council has any problems with these
plans, they are to pass them on to the Building Inspector.
The City Council and City Administrator discussed different
options on financing this venture.
M/S/P Dunn/Christ - to proceed with the city hall building project
and authorize expenditures of up to $140,000.00. (Motion carried
4-1<Mazzara: we should have a timeframe with scheduling of
money>).(Amended 5-20-86) See Page.1Q
Mayor Morgan suggested that the City Administrator and the
Building Committee get together with the proper officials and lay
out a cost schedule and estimate for the project so they can
authorize the money as needed.
M/S/P Morgan/Christ - to direct the City Administrator and
Building Committee to put together a detailed construction
schedule which will include financial data which will be presented
LAKE ELMO CITY COUNCIL MINUTES MAY 6, 1986 PAGE 8
at the next meeting. (Motion carried 5-0).
At the last City Council meeting the City Administrator explained
the types of coverage needed for the workers and the structure as
well as the quoted premiums. An information handout was provided
which outlined the coverages and premiums as follows: (a)
liability-$3,365.00; (b) property (fire, extended coverage to the
building while under construction; does not include theft
coverage)-$327.00; (c) workers compensation coverage-$8,395.00.
TOTAL: $12,087.00 , which will cover the construction period.
M/S/P Christ/Dunn - to approve the above insurance package
totalling $12,087.00 that was presented by City Administrator
Overby. (Motion carried 5-0).
B. Pumping on Sunfish Lake
Mayor Morgan advised the Council that Valley Branch Watershed
District was not interested in pumping water from Sunfish Lake
onto city -owned land in Sunfish Park, as petitioned by the City
Council. VBWD did indicate, however, that it would issue permits
to the City to do this pumping, or to the property owners if they
wish to undertake this task themselves. If the City did this
project, it would require a public hearing as these costs would be
assessed to the property owners, and Morgan indicated he would
like to see some of the cost assessed to those residents in the
Tri-Lakes area as well who have contributed to this problem.
C. Backstop at Reid Park
The City Council voted last Fall to have the Jaycees proceed with
installation of a backstop at Reid Park. When the Jaycees started
working at Reid Park, angry neighbors forced them to leave the
work site. The Parks Commission suggested they put the backstop on
the Northwest corner instead of the southwest corner originally
planned. Because of the money and work spent for the backstop to
be installed in the southwest corner, it was suggested they
proceed with the original plan.
M/S/P Armstrong/Morgan - to authorize the backstop at Reid Park to
be installed in the southwest corner of the park. (M&on carried
5-0).
10. CITY ADMINISTRATOR'S REPORT
A. Review Bids on Sale of City Truck
The City has received two bids on the 1979 Ford light -duty
maintenance truck. The low bid was fom T.A. Schifsky & Sons for
$13,777.00. The high bid was from ISD 196, Rosemount for $16,900.
M/S/P Chrsit/Morgan - to accept the high bid of $16,900 from
Independent School District 196, Rosemount for the 1979 Ford
light -duty maintenance truck. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 6, 1986 PAGE 9
B. NSP Utility Building
NSP has requested a building permit to build a small (10' x 201)
utility building on their easement, to be located about 100 feet
south of TH36 and 200 feet west of the Peterson Ceramic west
property line. The building would be used to house signal relay
equipment. It would need no water or sewer. NSP would arrange
with MnDOT to construct a new driveway for site access from TH36.
M/S/P Christ/Mazzara - to grant a building permit to Northern
States Power Company for the construction of a 10'x20' utility
building on their easement located about 100' south of TH36 and
200 feet west of Peterson Ceramics west property line. (Motion
carried 5-0).
C. Donation for Lake Elmo Park Reserve Opening Ceremony
Gary Horning of the County Parks & Open Space Commission had
appeared at an earlier Council meeting to request a donation from
Lake Elmo for the County's opening ceremony in June.
M/S/P Mazzara/Christ - to approve a donation request from Gary
Horning of the County Parks & Open Space Commission in the amount
of $200 for the County's Regional Park Grand Opening in June.
(Motion carried 4-1<Dunn>).
D. Sale of City Land to Private Party
Richard Law of 9049 28th Street N., Lake Elmo has expressed
interest in purchasing 0.5 acres of city -owned land located
immediately south of his property. The only concern the City had
was that the abandoned wells on the property should be sealed.
The-Gity-6eaneil-agreed-te-aatherize-the-sale-of-this-property to
Riehapd-Law-aiqd-€er-the-staf€-te-feilew- he- eessary-procedures
te-implemei4t-this-land-sale, (Amended 510-47See Page 10.
E. Animal Control Enforcement Policy
The City Council felt that Jerry Dahlberg has been doing an
excellent job and they concurred with his recommendation to
enforce our City dog ordinance.
MIS/PI Morgan/Mazzara - to extend the city council meeting to
10:45 p.m. (Motion carried 5-0).
F. Request for purchase of Mailing Equipment
The City Administrator had signed a 39-month lease Agreement for
purchasing a Pitney Bowes D-350 copier machine for $6,714.00 This
price if leased would include one model 5460 mail machine and one
EMS-5 electronic mail scale at basically no extra cost. In order
to change the lease to a straight purchase agreement with Pitney
Bowes, the City would have to agree to purchase the mail machine
and electronic scale for $1,2900.00.
LAKE ELMO CITY COUNCIL MINUTES MAY 6; 1986 PAGE 10
M/S/P Armstrong/Morgan - to authorize the City Administrator to
Purchase a mail machine and electronic scale for $1290 from Pitney
Bowes. (Motion carried 5-0).
G. Administrator's Performance Evaluation
The consensus of the City Council was to approve the 4% salary
increase based on the earnest attempt and the satisfactory work
City Administrator Overby has been performing in this capacity.
M/S/P Morgan/Christ - to grant City Administrator Overby a 4%
salary increase based on a six-month performance evaluation.
(Motion carried-5--0-). Amended 5-20-86 (potion carried 4-1CArmstrongj)
H. Board of Review
The Board of Review will take place in the City Council Chambers
on May 14, 1986 from 2:30-7:00 p.m. Councilmembers Armstrong,
Mazzara and Dunn will. be in attendance at 2:30 with Councilman
Christ and Mayor Morgan attending at 4:45.
M/S/P Mazzara/Christ - to adjourn the City Council meeting at
10:50 P.M. (Motion carried 5-0).
------------------
Amended 5-20-86 City Council Meeting
Page 3 Add: Attorney Carlson indicated that we didn't have to table
this again because it was already off the table and we
couldn't talk about it until end of the moratorium.
Page 7 (Motion carried 4-1<11azzara: question how the City can
authorize expenditures of $140,000 without a construction
schedule or financing plan-7).
Page 9 The City Council directed the staff to follow the necessary
procedures as set forth by law regarding the sale Of city
owned land.
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
MAY 6, 1986
6:00 p.m. Groundbreaking for City Office Building
- comments by the Mayor
7:00 p.m. Meetings Convenes
1. Agenda
2. Minutes: April 15, 1986
3. Claims
4. Public Inquiries
A. Kent and Linda Voge: Water Levels near
Downs Lake and Legion Avenue.
B. 31st Street Homeowners: Water problems.
5. Street Light REquest for 21st Street North
and Manning Ave: Roger Columbo
6. Discussion of Subdivision and Variances Request:
Ken Soverign, 4415 Olson Lake Trail N.
8:15 p.m. 7. Public Hearing: Variance from ten foot side yard
setback in R-1 zone. Glen Wichelmann, 9065
28th Street N.
--------------------- BREAK ----------------------------
8. City Engineer's Report
A. Derrick Land Co. Fill Permit -
monitoring update
B. Street Improvement Needs
8. City Engineer's Report (continued)
C. Street Sign Inventory Program
D. 201 Program - Schedule Update
E. Cottage Grove Ravine Water Management Plan
F. Other
9. City Council Reports
A. City Office Building
B. Pumping on Sunfish Lake
C. Backstop at Reid Park
10. City Administrator's Report
A. Review Bids on Sale of City Truck
B. NSP Utility Building
C. Donation for Lake Elmo Park Reserve
Opening Ceremony
D. Sale of City Land to Private Party
E. Animal Control Enforcement Policy
F. Request for Purchase of Mailing Equipment
G. Administrator's Performance Evaluation
10. Other
11. Adjourn