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HomeMy WebLinkAbout08-05-86 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 AUGUST 5, 1986 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: July 15, 1986 3. Claims 4. Public Inquiries 7:30 P.M. 5. Public Hearing : Variance on Setback to Ordinary High Water Mark, Jeffrey Nelson, 8012 Hill Trail North 7:45 p.m. 6. Public Hearing : Lot size variance in the Shoreland District, Thomas Mechelke, Lot 1 Block 4, FoxFire Estates 8:00 p.m. 7. CITY ATTORNEY'S REPORT A. Water Safety on Lake Elmo - Existing Controls 8. CITY LICENSE APPLICATIONS : A. Guardian Angels Church: Non -intoxicating malt liquor license. B. Jaycees: 3-2 and non -intoxicating beverages for tournaments at Lions Park C. Tartan Park Frontier Days: Charitable Gambling Application --------B R E A K---------------------------- 9. CITY ENGINEER'S REPORT A. Final Plat: Brookman Second Addition B. 201 Project 1. Financing for Parts A, B, C 2. Award Contract to Widmer, Incorporated for Parts A,B,C 3. Individual Requests to be Added to the Program 4. Amendment to Step 2 Engineering Agreement C. City Policy on Providing Fill D. Shoreland Permit: Tartan Park 10. CITY ADMINISTRATOR'S REPORT A. 1986 Primary and General Election B. 1987 Budget Process Schedule C. Use of City Maintenance Garage Site by Tri-Lakes Association D. Schedule Public Hearing on Development Moratorium Extension APPROVED LAKE ELMO CITY COUNCIL MINUTES: AUGUST 5, 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 City Attorney Knaak. 1. Agenda Add: 8D. Reid Park, 9E. Set 1986 Sealcoating Assessment Hearing, M/S/P Christ/Mazzara - to approve the agenda for the August 5, 1986 City Council meeting as amended. (Motion carried 5-0). 2. Minutes: July 15, 1986 M/S/P Armstrong/Christ - to approve the July 15, 1986 City Council minutes as presented. (Motion carried 4-0-1<Mazzara>). 3. Claims Councilwoman Armstrong advised that they watch the Maintenance Budget carefully for possible overspending. M/S/P Christ/Mazzara - to approve the August 5, 1986 claims #87578 thru #87640 as presented. (Motion carried 5-0). 4. Public Inquiries Jim Roche who is running for State Senate introduced himself and expressed his interest in Lake Elmo. 5. Public Hearing : Variance on Setback to Ordinary High Water Mark, Jeffrey Nelson, 8012 Hill Trail North. Mayor Morgan opened up the public hearing at 7:30 p.m. in the City Council Chambers. The Shoreland Permit for Mr. Nelson's addition to his house was approved at the July 1, 1986 City Council meeting. One issue left unresolved was the fact that the new addition and 5-foot wide deck would be 95 feet from Lake DeMontreville. The Shoreland Ordinance requires a 100-foot setback from the Ordinary High Water Mark. FINDINGS OF FACT: 1. That public notice was duly sent and published. 2. That no one spoke from the public against the proposal. 3. That building of this deck would not place the structure any closer to the water than other homes in the area. LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 1986 PAGE 2 4. That by not granting the variance, Mr. Nelson would not have full utilization of his property. Mayor Morgan closed the public hearing at 7:33 P.M. M/S/P Christ/Morgan - to grant Jeffrey Nelson, 8012 Hill Trail, a 5' variance in order to build a deck. (Motion carried 5-0). 6. Public Hearing Lot size variance in the Shoreland District, Thomas Mechelke, Lot 1, Block 4, Fox Fire Estates Mayor Morgan opened up the public hearing at 7:50 in the City Council chambers. The Shoreland Permit application to allow construction of a new house was reviewed and approved at the July 1, 1986 City Council meeting. The one remaining inconsistency concerns the size of the lot. The lot is 1.14 acres and 1.5 acres is required by the City Code. The Shoreland Ordinance exempts existing platted lots from meeting the lot width requirement. However, there is no exemption for minimum lot width for a previously platted lot, such as is the case with this parcel. The City Council has indicated its desire to get the Shoreland Ordinance amended to include a lot size exemption for existing platted lots. FINDINGS OF FACT: 1. That public notice was duly sent and published. 2. That there was no one in the audience to speak against the proposal. 3. That the lot is a platted lot of record; was platted when the requirements for lot size were one acre and there is no available land to increase the size of this lot. Mayor Morgan closed the public hearing at 7:56 p.m. M/S/P Armstrong/Christ - to approve a lot size variance in order for Thomas Mechelke „ Lot 1, Block 4, Fox Fire Estates to build a home on 1.14 acres. (Motion carried 5-0). 7. CITY ATTORNEY'S REPORT A. Water Safety on Lake Elmo - Existing Controls City Attorney Knaak reviewed City code Section 1511.020 regarding limitations on boats and boating in Lake Elmo. The Council had concerns regarding the enforcement of these regulations and how to restrict the boat speed. The City Council suggested forming a committee of residents to study the possibility of revising water safety regulations on the city's lakes. The citizens' group wll be in touch with the LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 1986 PAGE 3 Minnesota Department of Natural Resources to determine to what extent the City can regulate boat traffic in the Regional Park. A request for interested residents to sit on this committee will be printed in the Lake Elmo Newsletter. 8. CITY LICENSE APPLICATIONS : A. Guardian Angels Church: Non -intoxicating malt liquor license. The Guardian Angels Church wishes to sell 3.2 beer at its Fall Festival scheduled for Sunday, September 14, 1986. M/S/P Christ/Morgan - to approve the 3.2 beer license allowing Guardian Angels Church to sell non -intoxicating liquor on Sunday, September 14, 1986. (Motion carried 5-0). B. Jaycees: 3-2 and non -intoxicating beverages for tournaments at Lions Park. The Lake Elmo Jaycees are requesting a 3.2 On -Sale License for providing beer at the softball tournament at Lions Park during Huff n'Puff, August 14-17, 1986. M/S/P Christ/Mazzara - to waive the fee and approve a 3.2 On -Sale licnese allowing the Lake Elmo Jaycees to sell non -intoxicating liquor at the Huff n'Puff Softball Tournament, August 14-17, 186, in Lions Park. (Motion carried 5-0). C. Tartan Park Frontier Days: Charitable Gambling Application. The 3M Club will be holding "Frontier Days" at Tartan Park on. Saturday, August 9, 1986. They are requesting a charitable gambling license from the State Charitable Gambling Control Board to conduct raffles, bingo, and pulltab activities. There is normally a 30-day waiting period for such permits, but a request has been made for the City to waive the 30-day waiting period. M/S/P Dunn/ Christ - to waive the 30-day waiting period and grant the Charitable Gambling permit for Tartan Park. (Motion carried 5-0). D. Reid Park Councilman Mazzara brought up a request to improve the ballfield. He said that the school district was in favor of skimming the infield and the Jaycees would donate the labor to help make it a regular softball field. The Jaycees would like to use this field for kitten ball for Huff n' Puff Days, but they would need the field skimmed in order to use it. As a trade-off, if the City agrees to skim the field the Jaycees would pay the City's portion of the water fountain in Pebble Park. Park Commission Bill Osborn stated that the commission was not in LAKE ELMO CITY COUNCIL MINUTES favor of skimming the Reid Park would like to leave the infield feelings that were caused by the backstop. AUGUST 5, 1986 PAGE 4 infield. The Parks Commission the way it is, because of the hard recent installation of the M/S/F Mazzara/Christ - to direct the City crew to skim the infield in Ried Park. (Motion Failed 2-3<Dunn, Armstrong, Morgan>). 9. CITY ENGINEER'S REPORT A. Final Plat: Brockman Second Addition The Brookman Second Addition concept plan and preliminary plat was approved on January 20, 1979. The Brookfield Company has applied for Final Plat approval for Phase 2. This is the proposed site of the new State Bank of Lake Elmo building. M/S/P Morgan/Dunn - to adopt Resolution 86-41 approving Final Plat for Brockman Second Addition contingent upon addressing the concerns of City Engineer Bohrer listed in his letter of July 24, 1986 and Mn/DOT's letter dated July 31, 1986. (Motion carried 5-0). B. 201 Project Financing for Parts A, B, C A concern raised by City Engineer Bohrer in his letter of August 1, 1986 was that the grant will not be amended to reflect the higher construction costs until all Parts are bid. If Part D land acquisition requires condemnation, the grant may not be amended until January 1987. This means the City will have to finance Parts A, B and C construction and related costs from the original grant funds and the County's pooled 201 bond account. Approval of Change Order No. 1 to part A which deleted one septic tank from the program; that of Kenneth Evanoff which was previously installed. M/S/P Christ/Morgan - to approve Change Order No. A-1 Part A -Wastewater Facilities Improvements in the amount of $1,900.00 for the purpose of deleting the installation of one (1) 1000 gallon spetic tank at ID No. 7100 (Drawing No. 20) because it was previously installed by others; and to delete one (1) 1200 gallon septic tank to correct a quantity takeoff discrepancy. In this regard, Plan Drawing Nos. 3, 4 and 20 will be deleted and revised Plan Drawing Nos. 3, 4 and 20 will be inserted. (Motion carried 5-0). Award Contract to Widmer, Incorporated for Parts A,B,C M/S/P Christ/Morgan - to award the contract to Widmer Incorporated for Part A in the amount of $329,748.65. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 1986 PAGE 5 M/S/P Christ/Morgan - to award the contract to Widmer Incorporated for Part B in the amount of $316,363.90. (Motion carried 5-0). M/S/P Christ/Morgan - to award the contract to Widmer Incroporated for Part C in the amount of $244,454.00. (Motion carried 5-0). 3. Individual Requests to be Added to the Program City Administrator Overby handed out a list of seven people who have requested to be added to the 201 Program. City Engineer Bohrer stated that the problem would have to be identified and the need determined. He raised the concern of cost and suggested that the residents provide their own soil tests, plan drawing and contour map in Shoreland District. The City Council instructed the City Engineer and City Administrator to develop a policy in which to deny or accept people on a given basis and in no way should these additional requests delay the 201 Program. 4. Amendment to Step 2 Engineering Agreement In December of 1984, after all plans and specifications had been submitted to MPCA, the City allowed an amendment to the Step 2 Engineering Agreement. This amendment increased the Contract Ceiling amount to be raised from $103,000 to $152,000. Even though these costs had been incurred by TKDA between August and December, 1984, TKDA agreed not to bill the City for his difference until the grant was amended. TKDA fully expected that the plans and specifications would be approved, bids received, and the grant amended within six months, but it is likely to take 2 1/2 years before the grant is amended. TKDA requested that payment for Amendment No. 4 to Step 2 be included in the financing plan. M/S/P Morgan/Christ - to include Amendment No. 4 to Step 2 approving engineering expenses in the amount of $49,000 contingent on the City releasing the funds from the bond pool. (Motion carried 5-0). 5. Proposed Amendment No. 5 to Step 2 Engineering Agreement Adequate plans and specifications were submitted to the MPCA for review and approval on November 20, 1984. The City approved Amendment No. 4 to the Step 2 Agreement which allowed TKDA to be reimbursed for its additional cost due to the significant change in project - cost and workscope. Plans and specifications for Parts A, B and C were not approved by the MPCA until October 31,1985 and Part D on April 18, 1986. Due to the requests of MPCA for additional soil tests, exploration pits, information and re -design, TKDA actually incurred a total cost of $164,955.18 which is $12,955.18 more than previously LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 1986 PAGE 6 authorized under Amendment No. 4. A request was made by TKDA for approval of Amendment No. 5 to raise the ceiling amount for Step 2 services to $164.955.18. City Administrator Overby will simplify Larry Bohrer's request for additional expenses of $13,000 and list the options to be addresed after getting input from Financial Director Marilyn Banister. C. City Policy on Providing Fill The staff was instructed to research the City's policy on providing fill to homes being threatened by high water conditions. After discussion as to the amount of fill to be provided, what to charge, and to what extent the City should extend itself beyond delivering the sand, the following action was taken. M/S/P Christ/Dunn - to provide up to 5 yards of fill, on a one time basis, for the purpose of emergency sandbagging; with this policy being effective immediately. (Motion carried 4-1<Morg'mn:Amended '-e_1t-�s-po-�ie3�s-moo-t3}��;--tl�a-te- a�si g�oept� 8-19-86 < Armstrong: too much maintenance time, wasn'tnlarge enough amount of -fill fo�tions>) D. Shoreland Permit: Tartan Park emergency si Tartan Park has applied to the Valley Branch Watershed District and the Department of Natural Resources to get approval for cleaning out 200 feet of ditch and installation of temporary culverts under the road and driveways which lead to the group picnic area. The problem at Tartan Park is one of water flowing over the access road and the parking areas which serve the picnic facility. The proposed work is intended to allow the water to continue flowing through Tartan park from Lake Elmo. The improvements will not add to the existing flow of water, but merely allow it to drain properly. City Engineer Bohrer had no objections to the shoreland permit. M/S/P Christ/Morgan - to approveAshoreland permit for Tartan Park to clean out 200 feet of ditch and installation of temporary culverts under the road and driveways which lead to the group picnic area. (Motion carried 5-0). 9E. Sealcoat Assessment Hearing M/S/P Morgan/Mazzara - to schedule a public hearing for Tuesday, September 2, 1986 for the Sealcoat assessment. (Motion carried 5-0). 10. CITY ADMINISTRATOR'S REPORT A. 1986 Primary and General Election Notice of Official Polling Place for the City of Lake Elmo MISIP azzara Dunn - to designate the Lake Elmo Fire Hall, 3510 LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 1986 PAGE 7 Laverne Avenue N, as the official polling pace for thee City of Lake Elmo for the Primary Election on September 9, 1986 and the General Election on November 4, 1986. (Motion carried 5-0). Notice of Filing Dates Tuesday, September 23, 1986, has been designated as the first day affidavits of candidacy can be filed in the city clerk's office, with the last day being October 7, 1986 at 4:30 p.m. M/S/P Christ/Mazzara - to accept affidavits of candidacy for two council membrs for four-year terms and Mayor for a two-year term from September 23, 1986 until 4:30 p.m. on October 7, 1986. (Motion carried 5-0). Election of Judges M S P Mazzara Armstrong - to approve the list of election judges contingent on them attending the training seminar. (Motion carried 5-0). Wages for Election Judges M S P Dunn Armstrong - to pay the election judges $3.50 per hour and the head judges $4.00 per hour. (Motion carried 5-0). B. 1987 Budget Process Schedule City Administrator Overby presented Finance Director Banister's 1986 Budget Calendar for the 1987 Budget. Councillors Armstrong and Dunn volunteered to sit on the Personnel Committee to discuss the pay plan. M/S/P Mazzara/Dunn - to follow the recommended 1986 Budget Calendar for the 1987 Budget. (Motion carried 5-0). C. Use of City Maintenance Garage Site by Tri-Lakes Association The Tri-Lakes Association has requested City approval to hold a party (in late August) on the site of the old County Landfill because of the bathroom facilities at the maintenance garage. The purpose of the party is to celebrate the start-up of the 509 Project in September. It was decided that the Tri-Lakes Association could use any of the City parks but bring in their own satellite. D. Schedule Public Hearing on Development Moratorium Extension Based on the Planning Commission's work schedule, they have requested an extension of the Development Moratorium. The consensus of the Council was to extend the moratorium to December 2, 1986. The public hearing will be scheduled for September 16, 1986. M/S/P Morgan/Armstrong - to schedule the public hearing on September 16, 1986 for extending the Development Moratorium to December 2, 1986. (Motion carried 5-0). M/S/P Dunn/Morgan - to adjourn the City Council meeting at 9:58 p.m. (Motion carried 5-0).