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HomeMy WebLinkAbout10-21-86 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 OCTOBER 21, 1986 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: October 7, 1986 3. Claims 4. Public Inquiries 5. Meet with Water Safety Committee Members 7:30 p.m. 6. Public Hearing: Variance to Setback from Ordinary High Water Mark in a Shoreland District, to Allow Construction of a Deck Extension - Wyn John, 8883 Jane Road North 7. CITY ENGINEER'S REPORT A. 201 Program 1. Partial Payment to Widmer, Inc. 2. Change Order for Landscaping Work 3. Final Payment to Lee's Construction Co. 8. CITY ADMINISTRATOR'S REPORT A. Schedule for Upcoming Meetings, Public Hearings B. Other 9. Adjourn LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 1986 Acting -Mayor Arlyn Christ called the City Council meeting to order at 7:06 p.m. in the City Council chambers. Present: Christ, Armstrong, Dunn, Mazzara, City Engineer Bohrer and City Administrator Overby. Absent: Morgan 1. Agenda. Add: 3A. Charitable Gambling -Guardian Angels Mens Club M/S/P Mazzara/Dunn - to approve the Agenda for the October 21, 1986 City Council meeting as amended. (Motion carried 4-0). 2. Minutes: October 7, 1986 M/S/P Dunn/Mazzara - to approve the October 7, 1986 City Council minutes as amended. (Motion carried 4-0). 3. Claims M/S/P Armstrong/Dunn - to approve the October 21, 1986 claims #87874 thru #87927 as presented. (Motion carried 4-0). A. Charitable Gambling - Guardian Angels Mens Club Mike Knutson, Guardian Angels, requested a waiver of the 30-day review period for a charitable gambling permit in regard to their November 16th Bingo event. M/S/P Armstrong/Dunn - to approve a waiver of the 30-day review period for a charitable gambling permit for Bingo November 16th, 1986. (Motion carried 4-0). 4. Public Inquiries Ed Gorman, owner of the White Hat restaurant, asked in regard to the proposed collective system for his property how many gallons of water per year will go into that piece of ground. Bohrer answered that the design basis is about 4,331E gallons per day. This is based on the City code, which provides a design flow`for houses and based on estimates for the non-residential users, primarily the restaurant business. This was based on looking back over the water usage over a number of years. For example, a house and two duplexes, which will be considered residential properties. The City codes provides that the design flow for a 1 and 2-bedroom house is 450 gallons per day. A duplex which would have 2, 1 or 2-bedroom units, estimated at 900 gallons per day. This is in excess of what studies show the actual usage is. There is some reserve capacity built in, but not for the purpose of adding more people or houses. It is a reserve factor of safety. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 1986 PAGE 2 Mr. Gorman asked: "If the system goes in as proposed and our system fails, is the City accepting responsibility for that failure?" Bohrer responded that the systems are designed to allow water to soak into the soil. This is where the treatment occurs. We are providing more area for the water to soak in, but not changing the boundaries. They have done that by a change in the type of system. Councilman Christ stated as far as sites that fail in the future, unless the MPCA has additional State and Federal funds to provide additional grants, it would be the responsibility of the individual to upgrade at their expense. The City is not incurring any cost on the upgrade of these systems. This is being handled through assessments to property owners and grant fundings through state and federal governments. The City is only assisting in providing those folks the ability to get some upgrade and Christ sees no responsibility beyond that. He added, there have been 3-phases-at-we gave people the opportunity to get on the 201 system. If they didn't, they expected their systems to last or they felt it would be more benefical to them to upgrade at their own expense. (Amended 11-5-86 where) Referring to Dan Collyard's home on Legion Avenue, Mr. Gorman asked: "how can you direct federal and state money to hook up a system that you cannot live in?" Christ explained thst there were a number of things that the Collyards could have elected to do towards a solution. If the house is moved or abandoned, it can be deleted from the system. Bohrer added that realistically speaking we would cut down the number of treatment trenches that we would build on the Herzfeld property, but it would not change the boundary. On the Herzfeld property the access is more difficult because of the terrain. So in this particular case we are purchasing slightly more than might be needed for treatment purposes from Herzfeld simply because we have to get access. 5. Meet with Water Safety Committee Members The following persons were selected to serve on a newly formed Water Safety Committee to study water safety problems on Lake Elmo and report back to the City Council in the Spring of 1987. Commmittee Members: 1. David Gear, 2813 Lake ELmo Avenue N. 2. Carol Kelm, 10975 32nd Street N. 3. Pat Hagberg, 2976 Lake Elmo Avenue N. 4. Jim Schaefer, 2986 Lake Elmo Avenue No. 5. Tom or Jean Scheuerman, 3077 Klondike 6. Gary Horning, 2586 Oakgreen Avenue, West Lakeland 7. Don Moe, 61 Cimarron (replacing Emma Smith) The committee was given the following charge: 1. Identify the problems, concerns, and potential or real LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 1986 PAGE 3 safety hazards on Lake Elmo. 2. Solicit input from other Lake Elmo residents that use the lake. 3. Report back to the City Council with recommendations as to what should be done. It was suggested that completion of the Committee's work and submittal of a report prior to the 1987 boating season might be useful as a "target date". The first Water Safety Committee meeting will be held at 7:00 p.m., Wednesday, November 19, 1986 in the Council Chambers. M/S/P Mazzara/Armstrong - to direct the City Administrator to write a letter to the Water Safety Committee members suggesting the meeting date of November 19, 1986 and informing them as to the City Council's direction. (Motion carried 4-0). M/S/P Mazzara/Christ - to appoint Don Moe as an interested citizen on the Water Safety Committee. (Motion carried 4-0). 6. Public Hearing : Variance to Setback from Ordinary High Water Mark in a Shoreland District, to Allow Construction of a Deck Extension - Wyn John, 8883 Jane Road North Acting -Mayor Christ opened up the public hearing at 7:40 p.m. in the City Council chambers. Mr. Wyn John would like to construct an extension to an existing deck which is located at the rear of his house. The existing deck is already located within the setback from the Ordinary High Water Mark. The proposed addition would not increase the existing non -conformity, in the sense that the addition would be placed closer to the house than the rest of the deck. FINDINGS OF FACT: 1. No screening lost or added to increase or decrease the impact of the deck construction. 2. The color of the deck is natural cedar. 3. The DNR had no problem with the variance request. 4. It is not a room that will increase the sewage load of the house. 5. The other part of the deck is already completed. 6. Water level should be down next year and then the deck will be closer to the ordinance. 7. It is a safety hazard right now, with the door opening to the deck. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 1986 PAGE 4 Acting -Mayor Christ closed the public hearing at 7:50 P.M. N/S/P Armstrong/Mazzara - to approve a variance for setback from Ordinary High Water Mark to allow a deck extension for Wyn John at 8883 Jane Road. (Motion carried 4-0). 7. CITY ENGINEER'S REPORT A. 201 Program 1. Partial Payment to Widmer, Inc. City Engineer Bohrer presented estimate number 1 for work done by Widmer Inc., as of 10-9-86. The work includes the following expenditures under Parts A-B-C. Subpart A: $43,632.00 B: 46,942.57 C: 0.00 Materials: 25,550.00 TOTAL $11 ,12 .57 The total cost of work completed is reduced by a normal retention of 10 percent (11,612.46). Therefore, City Engineer Bohrer recommends the payment amount to be approved at this time is $104,512.11. The City will make a drawdown on the County 201 Bond Account to pay the contractor and then a payment request to the MPCA will be submitted and the grant will reimburse the City. M/S/P Dunn/Armstrong - to approve the payment of $104,512.11 to Widmer, Inc. for work done on subparts A-B-C of the 201 Program. (Motion carried 4-0). 2. Change Order for Landscaping Work City Engineer Bohrer reported that all lawns disturbed by the septic system installations were planned to be restored with blue grass sod. The landscaper, Mobgren Bros. Landscaping, has advised TKDA that some of the yards are so heavily wooded that bluegrass sod will not flourish. Bluegrass needs at least 50% sun to do well. The landscaper recommends restoring these areas with fescue grass. This can be done by seeding or sodding. The purpose for the proposed change order is to establish unit prices per square yard for fescue seeding with mulch or fescue sod. Each lawn will be evaluated individually for the need for fescue grass. These three change orders do not increase or decrease the contract cost, but merely establish new unit prices for this work. M/S/P Dunn/Mazzara - to approve change orders A-2, B-1, C-1 for landscaping work of the Wastewater Facilities Improvements as recommended by City Engineer Bohrer. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 1986 PAGE 5 3. Final Payment to Lee's Construction Co. City Engineer Bohrer reported that the emergency septic tanks (holding tanks) were completed at the Marcellus, Evanoff, and Paul residents in January of 1986. At completion, the contractor, Lee's Construction Company, was paid -except that $200 was retained to insure cleanup (one of the trees might have been damaged) and leak tightness. City Engnneer Bohrer reported that the cleanup was done and the tanks remain leak tight. Therefore, he recommends the project be accepted and final payment issued. M/S/P Mazzara/Christ - to accept the work done by Lee's Construction Company as recommended by the City Engineer. (Motion carried 4-0). M/S/P Mazzara/Christ - to approve final payment to Lee's Construction Company in the amount of $200.00 as recommended by the City Engineer. (Motion carried 4-0). 8. CITY ADMINISTRATOR'S REPORT A. Schedule for Upcoming Meetings, Public Hearings 1. Becasue the first Council meeting in November falls on General Election day (November 4th), The City, Council will meet on Wednesday, November 5th at 7:00 p.m. 2. Public hearings for the Comprehensive Plan and Zoning Ordinance Amendments will be held at the regular Planning Commission meeting of November loth and Wednesday, November 12th for the Public Hearing by the City Council. City Administrator Overby explained the advantage of this schedule, which sets up a special meeting for the City Council to handle the public hearing rather than taking up time at the regular meeting on the 18th. A second benefit is that staff will have a few days to make any changes in the plan or zoning drafts before the City Council formally adopts the two documents on November 18th. If this timeline is followed, then there should be enough time to get a summary of the revised plan and ordinances to the newspaper for publication on November 26th before the moratorium ends on December 2nd. M/S/P Armstrong/Dunn - to direct the City Administrator to proceed with the public hearing schedule of Monday, November loth and Wednesday, November 12th for the Comprehensive Plan and Zoning Ordinance Amendments. (Motion carried 4-0). 3. It appears that both December (12-6 and 12-16) City Council meetings will be needed in order to review applications for rezoning and other issues that will be forthcoming. 4. It was decided to hold the Annual Potluck Dinner for LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 1986 PAGE 6 Volunteers, etc. at the beginning of January. The Grand Opening of the new City Hall will be determined at a later date. M/S/P Armstrong/Dunn - to adjourn the City Council meeting at 8:12 p.m. (Motion carried 4-0). 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 OCTOBER 7, 1986 7:00 p.m. MEETING CONVENES 1. Set Agenda 2. Minutes: September 16, 1986 3. Claims 4. Public Inquiries 5. Interview Planning Commission Applicants 7:30 p.m. 6. Public Hearing : Request for Variance to the Development Moratorium Ordinance, Ken Sovereign 7:45 p.m. 7. Public Hearing : Variance to Minimum Lot Size in R-1 Zone; Variance from Minimum Shoreland Frontage; Variance from "One Percent Rule" for Ponding Area; Simple Lot Subdivision; Preliminary Plat - Ken Sovereign 8:00 P.M. 8. Public Hearing : Request for Variance to the Development Moratorium, Joseph Rogers ---------------------------B R E A K ------------------------- 9. CITY ENGINEER'S REPORT A. 201 Program B. Escrow Release No. 2, Teal Pass Estates, 3rd Addition 10. CITY COUNCIL REPORTS A. Oak Wilt Disease (over) 11. CITY ADMINISTRATOR'S REPORT A. Adopt 1967 City Budget; Set the Tax Levy B. Valley Branch Watershed District Manager Nomination C. County Landfill Site Selection Authority Nomination D. Road Grading Maintenance E. Approval of Additional Election Judges F. Other 12. Adjourn