HomeMy WebLinkAbout01-20-87 CCMLAKE ELMO CITY COUNCIL MINUTES
i
JANUARY 20, 1987 �erll
Mayor Christ called the City Council meeting to order at 7:00 p.m.
in the City Council chambers. Present: Christ, Armstrong, Moe,
Graves, Johnson, City Engineer Bohrer, City Attorney Knaak and
City Administrator Overby.
1.. Agenda
Add: 7E. Future Septic System Failures, 8D. Recognition of City
Hall Volunteers, 8E. Update on Lake Jane Pumping
M/S/P Graves/Armstrong - to approve the Agenda for the January 20,
1987 City Council meeting as amended. (Motion carried 5-0).
2. Minutes: January 6, 1987
Councilman Moe suggested saving our City Council meeting tapes for
one year. He based this request on these minutes not reflecting
what transpired at the meeting. Moe objected to sanitized minutes.
Mayor Christ felt if certain items are not condensed in a proper
fashion, then the minutes should be amended. He did not see any
need for keeping tapes for one year because the minutes are the
official record. City Administrator Overby favored keeping the
tapes for a year rather than have verbatim minutes in terms of
workload. City Attorney Knaak stated that the official records of
the City Council meetings are the minutes as corrected. The tapes
could not be used in evidence. The problem you may get into is
when somebody takes the tape and states this was what was said and
what went on; when, in fact, this isn't what the Council
determined the record to be. Councilman Graves felt that as long
as we continued to maintain the policy of amending the minutes, if
such an amendnent is necessary, this would be adequate by him.
M/S/P Christ/Moe - to approve the January 6, 1987 City Council
minutes as amended (See 5H. Appointments to the Planning
Commission). (Motion carried 5-0).
3. Claims
City Administrator Overby confirmed that all claims were within
budget when asked by Councilman Graves. Councilman Johnson will
not be able to attend the government training session for newly
elected officials. Therefore Claim #88386 should be $110.00. The
claim numbers have been corrected to read #88283 thru #88342.
M/S/P Graves/Armstrong - to approve the January 20, 1987 claims
#88283 thru #88342 with the amendment of #88386 to read $110.00.
(Motion carted 5-0).
4. Planning Commission Appointments
The following were the candidates for the Planning Commission
LAKE ELMO
CITY
COUNCIL MINUTES
JANUARY 20,
1987 PAGE 2
vacancies.
The
new applicants
were briefly
interviewed.
1. Gloria Knoblauch, 9181 31st St. N.
2. Frederick Nazarian, 5450 Highlands Trail North
3. Robert Enes, 5040 Lake Elmo Avenue
4. Tom Simpson, 5270 Jamaca Blvd. N.
5. Bruce W. Beutel, 3590 Laverne Avenue N.(Not in attendance)
6. Bruce Dunn, 11018 Upper 33rd St.
7. Ed Stevens, 10133 ,47th St. N.
M/S/P Graves/Moe - to appoint to the Lake Elmo Planning Commission
Tom Simpson as a Regular Member, Ed Stevens as First Alternate,
and Rob Enes as Second Alternate. (Motion 4-1<Armstrong:she did
not see any reason to pull Tom Simpson off of the Parks Commission
as he has served less than two years. She had the opportunity to
work with him on Kleis Park and had heard nothing but good things
on his work with the commission>).
5. Sunfish Lake Parking Problems
Discussion under the Public Inquiries section of the last council
meeting (1-6-87) covered concerns by Roger Beaubien, Pat Riley and
other residents living along Sunfish Lake who have had problems
with people trespassing across their property in order to gain
access to the lake for ice fishing.
Since the Council meeting, the City Administrator had talked to
Mn/DOT, the Deputy Sheriff, the DNR and local residents. The
following is an update:
1. Mn/DOT was willing to post no -parking signs on the south side
of Highway 5. Mayor Christ and the Administrator agreed that no
parking signs would be a way to prevent accidents with people
having to cross the road going to and from the lake. The no
parking signs were installed Thursday, January 15, 1987.
2. The Mn/DOT survey crew was scheduled to verify whether the
public waters overlaid the highway right-of-way between the road
and the lake. If the water is actually on the right-of-way, then
there is direct public access to Sunfish lake (until the water
level goes down, and private property becomes accessible again).
3. The Enforcement Section of the DNR indicated that fires are
allowed on the ice, but that property owners still have the right
to protect trees that are in the water. Some fishermen have
allegedly broken off branches to use for their fires. The
Sheriff's Office questioned whether the DNR position was accurate.
Deputy Jessie Kurtz attended the meeting to assist with the
discussion.
4. A temporary sign directing people to Sunfish Lake city park
has been ordered and will be installed at the corner of Stillwater
Lane and Highway 5. This sign should encourage users of the lake
to enter from the parking lot at the park.
5. The trash barrel in the park along the lake has been emptied,
and a second barrel has also been installed.
LAKE ELMO CITY COUNCIL MINUTES J'ANUARY 20, 1987 PAGE 3
Councilman Graves had spoken to Sunfish resident, Joan. Chavez and
relayed her comments. Mrs. Chavez appreciated the cooperation she
received from the City Staff. She only saw one car parked there
on Monday and the Highway patrolman was dutifully ticketing him.
There have only been four or five people on the lake over the
weekend and she feels most of the problem has been solved, either
by the no -parking signs or change in the weather. She requested a
sign be put up on Highway 5 directing people into the park.
The consensus of the City Council was that the action of the City
Administrator had been sufficient for resolving this problem and
recommended doing nothing more.
6. PLANNING, ZONING AND LAND USE
A. PUBLIC HEARING: Request for variance to lot size in the
R-1 Shoreland District and variance to forego the
platting requirements for a subdivision described by
metes and bounds; Leroy Howell, 2119 Lake Elmo Ave.
Mayor Christ opened up the Public Hearing at 8:03 in the City
Council chambers.
Mr. Leroy Howell, 2119 Lake Elmo Avenue North, proposes to
subdivide his property to create two lots. The applicant is
asking for a waiver of subdivision regulations which require
platting. Since this parcel is adjacent to Lake Elmo, Shoreland
Regulations also apply. The following was City.Engineer Bohrer's
review.
1. Lot Size
The existing lot size is 2.68 acres according to a 1977 survey
furnished by the applicant. Of this, 2.23 acres are exclusive of
road right-of-way. The proposed subdivision would create a 1.47
acre lot and a 0.76 acre lot where 1.5 acres are required.
2. Septic System Area
City Code requires that a new lot shall have at least one acre of
land suitable for septic system purposes. This is considered the
buildable area. The newly created lot would have 0.60 acres
available for septic system purposes since the portion of the lot
between the road and the lake is not buildable nor suitable for
septic system purposes.
3. Soils
The Washington County Soils Survey indicates that the soils should
be adequate for septic system purposes.
4. Zoning
The property is properly zoned R-1.
5. Building Elevation
LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 4
The proposed lots are several feet above the minimum building
elevation for Lake Elmo.
6. Lake Frontage
Each lot has at least 150 feet of lot width at the lakeshore as
required by Shoreland Regulations.
7. Road. Frontage
Each lot has at least 125 feet of frontage on a public street as
required by subdivision regulations.
8. Ponding
The VBWD has generally exempted single lot subdivisions from the
ponding requirements.
9. Driveway
The driveway for the existing house is located on the proposed new
lot. This driveway should be relocated.. It was Mr. Howell's
Intention to relocate the driveway to the northside of the
property.
10. Recommendations
The concern is that this subdivision would take a presently
conforming parcel and create at least one non -conforming lot size.
The City has usually enforced the lot dimensional requirements of
Lake Elmo; for example, Gordon Lundholm and Matt Northrup lot
splits. The waiver of platting requirements is a policy decision
which has not been uniformly enforced. Sovereign platted, but
Lundholm did not.
Mr. Howell stated that if you look at ten adjacent properties to
his, there is not one that conforms to 1.5 acres. He added., that
half of them would be smaller than the gross lot size that he has
proposed for his lot split. Mr. Howell would like to stay in Lake
Elmo and enjoys the lake frontage, but the home he has now is not
adequate for him and his purposes. They have a. family foster home
for girls and are at a maximum now of seven girls. To add on to
his home would be unadvisable. The house was built in 1927 and
has very nice built-in hutches and old imperfect glass. The
blending of the two architectua.l styles would be objectionable to
him and detract from the existing house. The cost to duplicate
the architecture in the home today would be very expensive.
Councilman Johnson reminded Mr. Howell that a financial hardship
does not constitute a hardship. In regard to the discussion about
whether you could buy another lot at what price and still live on
the lake is not germane to this property.
Paul Larson, 2041 Lake Elmo Avenue, asked where Mr. Howell got his
figures for lot sizes because his property is 130 feet wide, not
99 feet wide. The Wright property has approximately three acres,
and the Adkins have a large piece of property, so there are lots
LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 5
that do meet 1 1/2 acres.
Beth Burns, 1.1140 20th St. Court, stated that the Planning
Commission recommended against this. The newly created lot would
have 0.60 acres available for a septic system and this is not
suitable for septic system purposes.
Ardis Wright, owner of the property adjacent to this proposed lot,
wanted to go on record that they were opposed to this subdivision.
They have between 2-3 acres and were offended for not being
included on his list.
Jim White, 11130 20th St. Court, voiced his concern that the
subdivision would take a conforming parcel and create at least one
non -conforming lot size. He would like to go on record that this
subdivision would not conform to the lots adjacent to or
surrounding when one considers the drawing that Howell has
proposed..
Jim Burns could carve out 0.6 acres out of his lot and would like
to come and split his too if Mr. Howell can. The Howells have
been good neighbors, but this can do potential harm and become a
dump site.
Mayor Christ closed the public hearing at 8:27 P.M.
City Administrator Overby stated the three variances that would be
needed: 1. Lot Size, as each of the two proposed lots would be
substandard; 2. Septic System Area., as the new lot would have 0.60
acres when 1.0 acre is required. and 3. Forego the platting
requirements for a subdivision described by metes and bounds.
The Planning Commission recommended that this subdivision request
be denied, based on the following_ findings: (a) it creates two
non -conforming lots; (b) it does not conform to the City's
Comprehensive Plan; (c) the area for the proposed septic system is
substandard in size; (d) there would likely be a problem with the
setback of the existing house from the new lot line.
Councilwoman Armstrong commented that the Howell lot is lovely and
the house on the top of the hill overlooking the lake is very
nice. She hates to see it ruined by setting a precedent by
putting a house in front of that one.
M/S/P Armstrong/Graves - to deny the Simple Lot Subdivision
request by Leroy Howell at 2119 Lake Elmo Avenue based on the
Planning Commission's findings of 1-12-87 as stated and no
hardship was found. (Motion carried 5-0).
B. Final Plat Approval:
Ken Sovereign, 4415 Olson Lake Trail
The City Council had approved the Preliminary Plat for Olson Lake
Addition at its meeting of 11-18-86. The approval of the
Preliminary Plat did include the granting of variances for lot
size and lake frontage requirements. City Engineer Bohrer
recommended approval of the final plat, subject to payment of any
LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 6
outstanding pass-thru costs or park donation fees.
The Planning Commission recommended denial of the final plat at
its meeting of 1-12-87 based on the fact that Lot 1 is substandard
in size, that Lot 2 does not have the required 150 foot lake
frontage, and that the plat does not conform with the
Comprehensive Plan.
Councilman Johnson stated that the City has to get out of the
business of granting variances which establish precedents that
historically come back to haunt the City in the future.
M/S/P Graves/Johnson - to adopt Resolution 87-17 granting Final
Plat Approval for Olson Lake Addition to Ken Sovereign at 4415
Olson Lake Trail, that the lot appears to have two substantial
hardships, location of the house on Lot 2 and the alternate
drainfield on the other non -platted lot, which would prohibit us
altering either of the variances required; subject to payment of
any outstanding pass-thru costs or park donation fees. (Motion
carried 5-0).
Councilman Johnson voted for the motion only because he feels that
the City has legal problems if they deny it at this point; not
because he approved of the hardships or granting a variance on a
non -conforming lot.
7. CITY -ENGINEER'S REPORT
A. Street light request: Guardian Angels Church
The Guardian Angels Church has requested that the City approve
installation of a standard -type street light at the intersection
of Guardian Angels Avenue and 4th Street.
The City's street lighting policy provides that the City will
provide street lighting if:
75 percent of the residents within 300 feet of the
proposed light petition the City for the lighting
and agree to pay the cost of installation;
or:
the Council may provide street lighting without a
request if it is, in their estimation, a matter of
public safety or welfare.
The Church is the only landowner to have asked for the light,
therefore the requirements for the petition have not been met. The
letter from the Church must be considered as a request, rather
than a petition. The Council has the discretion as to whether a
street light should be provided.
City Engineer Bohrer stated that the installation cost is
estimated by NSP to be $1300. The monthly rate for a standard
street light is $9.60. In a letter dated 1-7-87, Guardian Angels
Church asked if the installation fee could be reduced because
LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 7
others will benefit from the light on that road. Bohrer added
that the intersection is completely undeveloped in that the
adjacent land is either vacant or farmed. The Church is the only
developed area in the vicinity. The intersection of 14th Street
and Guardian Angels Drive is the only access to the Church
property. He had viewed the intersection at night and agrees that
a street light at that intersection would be beneficial.
Mr. John Riehle, Parish Administrator, stated they have been in
this community for 130 years, relatively upstanding, and plan on
continuing in this regard. People come to their parish outside of
the community and it is difficult for them to find their way, and
they might identify that with Lake Elmo. It is not a typical
rural intersection, but a busy intersection that is used by many
members of the church many nights of the week.
Mayor Christ and Councilwoman Armstrong felt this would be setting
a precedent. Paying part of the installation costs would be
encouraging more people to come in and request a street light. We
are a rural community and people accept this in a rural community.
Armstrong said there is no street light at Cty. Rd 13 oin on to
4th �ahtair�s-very-ci-ark;- or -a ��zer- �ornEx�-ar tirtveway: th treet which
is very dark at her corner. (Amended 2-3-87)
Bob Dreher asked if Mn/DOT could be contacted because of the
designation of 4th Street being a frontage road to I-94. There
are many cars coming off of 94 an using 4th Street to get to the
different businesses.
M/S/P Graves/Moe - to direct the City Engineer to contact Mn/DOT
if there would be any available funding since the State appears to
have created the hazardous conditions. (Motion carried 5•-0).
B. Street light request: Bonnie Moris
Bonnie Moris has requested a street light be placed at 20th Street
North and Manning Avenue. The turn is extremely hard to see
because of inadequate lighting, creating a dangerous corner.
The residents who live on the corner of 20th and Manning were in
favor of a street light. They felt that the stop sign may be seen
with a street light.
Marvin Kloetzke, 2415 Lisbon Avenue, was in favor of a street
Light. His wife works nights and finds the road leans to the
right and she uses the tree line in order to find the
intersection.
Cty. Rd. 15 (Amended 2-3-87)
City Engineer Bohrer stated that J_5L- -S-t. will be realigned into
West Lakeland township. The curved portion of Manning Avenue that
is there today will become a City street. This is approximately
three years away. Bohrer has asked NSP to make a determination if
there would be an installation charge, but has not heard back from
them. There is an existing pole to the SW corner of the
intersection and there is secondary power around there, so he
feels there will not be an installation charge. This is considered
a request, not a petition, so the decision to install a light is
at Council s discretion. Bohrer could attest to the public need
LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 8
there because he has viewed the intersection at night in both
directions and feels illumination would help.
Bohrer did contact the County Highway Department to see if they
would participate in street lights. They replied that the County
does not do street lights.
There was no one in attendance that was opposed to the street
light request.
M/S/P Graves/Johnson - to approve the street light request at 20th
Street and Manning Avenue contingent upon no installation cost to
the City. (Motion carried 5-0).
C. Partial payment #4: Widmer, Inc.
City Engineer recommended approval of the Estimate and Certificate
No. 4 for Widmer, Inc. in the amount of $112,849.22. As of this
estiamte, 68% of the on -site systems are operational. The
contractor suspended his operations for the winter on December 24,
1986. There will be no more partial payments for construction
until the contract resumes operations in the Spring. Bohrer stated
that they were staying within the budget.
M/S/P Armstrong/Graves - to approve partial Payment #4, Widmer
Inc. in the amount of $112,849.22. (Motion carried 5-0).
D. Final payment for Prokosch emergency holding tnak,.
City Engineer Bohrer reported that Mr. Prokosch's septic system is
planned to be replaced under Part D - Offsite and Collector Septic
Systems. This part has not been let yet because of delays in land
acquisition. This Fall, his septic tank collapsed leaving a pool
of raw sewage in his front yard. The City received approval from
the MPCA to have an emergency holding tank installed. Quotes for
the work were received and the work was awarded to the low bidder,
Widmer,Inc. The work was completed in November and Bohrer
recommended approval of Estimate and, Certificate No. 1 for final
payment to Widmer Inc. in the amount of $3,940.00 for this
emergency work.
M/S/P Graves/Moe - to approve the payment of $3,940.00 to Widmer,
Inc. for the emergency installation of a holding tank for John
Prokosch at 10907 32nd Street N. (Motion carried 5-0).
E. Update on 201 Land Condemnation
City Engineer Bohrer updated the City Council on the hearing that
was held for condemnation on land parcels and easements in the
cases where the landowner/resident were unwilling to accept the
City's appraisal offer. The judge took testimony and is allowing
one week for final summary arguements submitted by the various
attornies and we should hear the decision on whether this is a
public purpose project in about two weeks. The City will then
have posessi.on of the property as of March 26, 1987.
City's Position on Future Septic System Failures
LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 9
Councilman Graves voiced his concern on possible septic failures
on properties that are very small lots and may not be able to
correct their system according to our City Code.
City Attorney Knaak stated that the City has the authority to
condemn property under Resources -Chapter 429. The 201 Program is
more of a funding mechanism than anything else. The authority the
City has in order to condemn property existed before and continues
to exist after the 201 program. It gives the opportunity for some
of the citizens to utilize it, so those options remain. The
City can set up a program similar to the 201 Program, but the
funding mechanism will be different.
City Engineer Bohrer felt the search procedure would be the same
as the one followed with the 201 Program. If there are one or
more of the problem lots identified, you look in the area for
available vacant land. The 201 Program did not give the City any
more authority to do it, it was strictly funding.
City Administrator Overby stated that the owner would be bearing
the costs; whether they could negotiate directly or the City would
have to acquire the land is the only difference.
Bohrer explained a few things that might want to be considered.
The City will have to make sure that the systems that are improved
under this federal program are maintained properly. A simple
recording card system could be set up, whereby, every time a
system is pumped by a license pumper in the City, he sends in a
pre -addressed stamped postcard into the City. This could be
expanded to region wide or even city-wide. This could be a way to
get a handle on the type of maintenance that could or should be
done. This would be encouraging regular maintenance and you have
some type of record of pumping of the system. This would help
people extend the life of their septic system.
M/S/P Moe/Johnson - to extend the City Council meeting to 11:00
p.m. (Motion carried 5-0).
F. Interagency Agreement with Mn/DOT
City Engineer Bohrer reported in his review letter of 1-14-87 that
if a city desired to participate in a federally funded highway
related construction project, the city cannot receive these
federal funds directly. These federal funds would be received by
the Commissioner of Transportation and then sent to the city. For
this reason, MnDOT asks that each city in the State enter into an
Agreement which directs the Commissioner of Transportation to act
on the city's behalf to receive these federal funds. Lake Elmo
has entered into a similar Agreement in the past but since there
are new requirements for a project audit, MnDOT asks that each
city enter into a new revised Agreement. A copy of the proposed
agreement was handed out for the Council's review.
Even though Lake Elmo has been a party to a similar Agreement in
the past, the Agreement has never been used. Lake Elmo has very
little opportunity to qualify for federally aided highway
LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 10
improvements. The City has no bridges and no Federal Aid Urban or
Federal Aid Rural streets. The one opportunity the City has where
this Agreement would be necessary is a federally aided Traffic
Sign Inventory and Replacement Program in which the City expressed
an "intent to participate" in 1986. This program pays 90% of the
cost to Inventory and replaces defective stop signs, yield signs,
etc. This program has been delayed because the interest in the
program exceeded the funds available and MnDOT is waiting for a
second round of funding.
Bohrer added that although this Agreement is not really needed
until Lake Elmo wants to do a federally aided project, he sees no
.liability in having an executed Agreement on file. Bohrer
recommended the Council approve the resolution for the MnDOT
Agency Agreement. City Attorney Knaak has read the resolution,
and sees no legal reason why the City should not enter into the
agreement, and recommends approval. Knaak was aware of two other
cities that have entered into this agreement.
Bohrer explained that this does not obligate the City to any
program. When we do have the opportunity to participate in a
federally funded highway related program. The mechanism is in
place and the funds can be transferred.
M/S/P Graves/Moe - to adopt Resolution 87-19 which authorizes the
City of Lake Elmo to enter into an agency agreement with the
Minnesota Department of Transportation. (Motion carried 5-0).
G. Municipal State Aid. Update
City Engineer Bohrer reported in his letter of 1-14•-87 that a
portion of the State gasoline tax is returned to all cities over
5,000 population in the form of Municipal State Aid. This money
is apportioned to qualifying cities based on their population and
based on the amount of money needed to improve their State Aid
streets. Lake Elmo's 1987 construction allotment is approximately
$133,471. Adding this to Lake Elmo's unexpended MSA construction
fund of $382,939 equals $516,410 available for MSA construction
projects in 1987.
In 1981, a 10-year MSA Improvement Program was established. This
program established a time table for upgrading MSA streets. The
streets were prioritized based on their condition and amount of
traffic. Therefore, the streets in the worst condition were
reconstructed first. The following statements were made about the
Plan.
1. Keats Avenue from 47th Street to TH 36 was completed in 1982.
2. 45th Street, Julep Avenue and 47th Street from Jane Road to
Keats Avenue was completed in 1984.
3. Klondike Avenue and Lower 33rd Street was planned to be
reconstructed in 1986 but due to insufficient right--of-way width
was not approved by MnDOT. The City applied for a variance but
was denied due to poor sight distance at Lake Elmo Avenue because
of the Joshua Taylor buiild.ing. This project is on indefinite
LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 11
hold.
4. Upper 33rd Street and Laverne Avenue from Lake Elmo Avenue to
TH 5. These streets are anticipated to be reconstructed in 1989.
They received a sealcoat and maintenance overlay in 1986 and
should provide reasonable service at least until 1989.
5. 47th Street, Kimbro Avenue anad 50th Street ??Vm Keats Avenue
to Lake Elmo Avenue. These streets are anticipated to be
reconstructed in about 1993. However, the City's State Aid funds
are accumulating faster than anticipated when the original 10 year
program was set up and could be reconstructed sooner.
All other MSA streets are in reasonably good condition and are
beyond the planning period.
The following are City Engineer Bohrer's recommendations:
1.. It is recommended that Lake Elmo consider a MSA construction
project in 1987. The money is available and it would avoid a
possible reduction in allotments in future years.
2. It is recommended that the 10 Year Plan be modified. to
re -prioritize the construction schedule. In his opinion, 47th,
Kimbro, and 50th Street should be scheduled ahead of Laverne
Avenue. The gravel roads are a constant source of complaints due
to the washboard gravel and dust.
3. If the Council agrees with Recommendations 1 and 2 above, then
a public informational meeting should be held with the residents
to discuss the impacts of the project, land in Green Acres,
additional right-of-way requirements, and general cost figures to
determine if preliminary surveys and a feasibility study should be
done.
This informational meeting will be held as a regular agenda item
and we will be looking strictly at feasibility. This should be
published in the Lake Elmo Newsletter.
8. CITY ADMINISTRATOR'S REPORT
A. Resolution against candidate landfill site in Lake
Elmo Park Reserve
Lake Elmo residents, Dan Novak and Todd Williams have drafted a
resolution for the City Council's consideration. This resolution
will. be used as part of the information provided to other State
legislators in the drive to gain support for this proposed
legislation.
State Senator Gary Laidig and State Representative Harriet
McPherson explained that the Resolution passed by the City Council
gives them the chance to get some legislation drafted. It is one
way that the legislature can attempt to remove that candidate
landfill site. Senator Laidig felt that he and Representative
McPherson were prepared to do whatever they could to prevent the
proposed landfill. He sits on the Natural Resource Committee in
LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 12
the Senate and Rep. McPherson is on the Environmental Committee in
the House, which puts them in a good position to make their case
and they will keep Williams and Novak well informed.
The following amendment was made to the Resolution. Adds
WHEREAS, no other community in Minnesota has more than one
mandated landfill; and
� yis dComxd� straU90%e-rby will be the liaison between the official
coordinators Todd Williams and Dan Novak and the City Council. He
will keep them updated on the progress at the City Council
meetings. (Peed 2-3-87 14 lliams and Novak will keep the City Council
updated on any progress made
Councilman Johnson recapped that when the existing landfill went
in, they were assured that the soils did have a barrier and it
would be impervious to any material entering the ground water, and
assured that it was nothing but household garbage, but both of
these were proven to be wrong. A number of residents have had a
lot of suffering because of this. Johnson urged the Senator and
Representative to go to bat for them because they really need
their help on solving this problem.
M/S/P Graves/Moe - to adopt Resolution 87-18 opposing the
proposed landfill in the Lake Elmo Park Reserve. (Motion carried
5-0).
B. Appointment of Consulting City Planner
The City Council tabled action on this appointment from the
January 6, 1987 meeting until the City Administrator could
investigate what other planninng firms would charge on an hourly
basis for "on call" consulting planning servees. The average of
the four figures acquired were $49.38 per hour. City
Administrator Overby suggested that Rob Chelseth be retained as
the City's Consulting Planner.
M/S/P Graves/Moes - to appoint Rob Chelseth as the Consulting City
Planner for 1987. (Motion carried 5-0).
C. Public Officials liability and Fire Company Errors
& Ommissions Insurance.
City Administrator Overby reported that the Public Officials
Liability coverage has stayed the same, but the quote has gone up
23% since last year.
The Fire Company Errors and Omissions Insurance coverage amount
doubled from $500,000 to one million dollar limit. The cost of
the coverage went up 38%. This was the quote provided by Casualty
Underwriters. It was not suggested by the Zignego Insurance
Agency.
The total premium cost of $5,261.50 is due for payment on January
21, 1987. Insurance is budgeted for $6,600 in 1987.
Councilwoman Armstrong did not like this last minute approval.
This happened last year and she would like more time to look over
LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 13
the information of what the insurance does provide.
M/S/P Johnson/Graves - to approve payment of $5,261.50 for the
Public Officials Liability and Fire Company Errors & Omissions
Coverage of 1987, subject to the City Administrator looking into
reducing the payment by attempting to obtain the same deductible
clause as last year. (Motion carried 5-0).
D. Recognition of City Hall Volunteers
Councilman Graves recognized that there is a plan to install a
plaque into the City Hall with the names of the volunteers who
have worked on City Hall. Graves suggested to show the City's
appreciation that a thank you certificate be sent to the
volunteers. These could be printed up with the name of the
individual on parchment bond paper and mailed out.
Mrs. Rob Enes spoke for her and her husband who have volunteered
many hours staining the woodwork. She felt the idea was nice, but
the building really was their thanks and they were so proud of the
fact that they worked on the City Hall.
Mayor Christ stated there would be a recommendation from this
Council to provide a recognition party for all the volunteers. At
that time there will be special presentations given out to those
individuals.
Councilman Graves and Moe felt that a party at City's expense
should have been brought up because they did not know a party was
being planned. Moe felt a party was a neat and terrific idea even
though he was never in favor of the building.
D. Update on Lake Jane
Councilman Johnson updated the Council that on January 8, 1987 the
DNR issued an order to the VBWD to turn off the Lake Jane pump
because they were in violation of the permit. The VBWD is trying
to work with the contractor to see if they can improve on the June
1st date for completion. TheK_areal.so._lonldmg_.i.nto_mbat_ r.an_.Ue.
don�_to_ fi nish_the clowns tre2ln _worker s_�oan_r�s _pass ibj-e-_frDx-a
manbale_that_E3Xists_in_xhe_Shafer_gravel_pi _so_+hat_water_non_he
-pumped_.3.nto_.that_]ocatj.nn- 'They are also investigating the
possibility of putting in a temporary pump on Sunfish Lake to pump
back into the City Park pond in an attempt to lower Sunfish Lake.
The Lake Jane Association took legal action and got a two week
restraining order. There will be a hearing on January 29th for a
more permanent injunction.
x'
M/S/P Graves/Moe to adjourn the City Council meeting at 11:05 P.M.
(Motion carried 5-0).
(Amended 2-3-87 They are also looking into what can be done to finish the
downstream work as soon as possible so that water can be pumped into the
Shafer gravel pit.)
PAGE 14
Resolution 87-17 granting Final Plat Approval for Olson Lake Addition to Ken
Sovereign at 4415 Olson Lake Trail
Resolution 87-19 authorizing the City of Lake Elmo to enter into an agency agreement
with the Minnesota Department of Transportation.,
Resolution 87-18 opposing the proposed landfill in the Lake Elmo Park Reserve
-------------------
Amendments 2-3-87
4, Planning Commission Appointments
Councilwoman Armstrong requested verbatin minutes,on the interview of applicant
Bruce Dunn.
Councillian Moe asked Bruce Dunn: "you have served on the City Council for four
years, are you familiar with the ordinances that govern the City?". Dunn responded:
"probably as well as anyone else who has been. on the Council,". Moe: "do you feel
that the ordinances should be enforced?'. Dunn: "sure they should be enforced.
Moe: "do you feel you ever violated any of these ordinances?". Dunn: "what did
you do, see my dog running loose at night --I don't know that I violated any of them",
Moe: "do we go by the -State Building code?". Dunn: "we have our own building code
whiFh follows the State code". Moe reads: "the Building Official is hereby
authorized and directed to enforce all the provisions of the Minnesota State
Building Code, Now, does that not say that we follow the State Building Code':.
Moe added: "what I am getting at is did you ever violate any of these regulations?',
Moe stated: "we are going to appoint somebody to the Planning Commission who is
going to recananend the rules and regulations unbiasly for the City of Lake Elmo,
and he has to know the rules;". Graves interrupted: "I wonder if you would permit
me to interrupt your train of questionning and make a motion.". The following
motion was made:
M/S/P Graves/Moe - to appoint to the Lake Elmo Planning Commission Tom Simpson
as a Regular Member, Ed Stevens as First Alternate, and Rob Enes as Second Alternate.
(Motion 4-1 Armstrong)
D. Recognition of City Hall Volunteers
Mayor Christ asked that the minutes of the 1-20-87 meeting reflect. Grave's comments.
regarding the new city hall volunteers.
Graves stated: "I. recognize that there is a plan to put a plaque inside the
entrance to the city hall with the names of all the people who worked on the
city hall and I think it is a very good idea. I would like to recommend something
just a little beyond that." Christ: "I had no intention to list all names on the
plaque. It will be just a plaque acknowledging the volunteers.". Graves: "I hope
some kind of record has been kept as to who has worked on the City Hall, I suggest
some sort of thank you note --a little more than a note on #20 bond white paper..
For instance, I have here several different color choices of what is called a
parchment bond and you can buy a ream of this at one paper supplier in town called
AnnWay. You can buy a ream of 500 sheets for $7.30. It would be nice printed
with their names of the individual. We can have 200 or however many and just
mail it out to the people --perhaps to bang in their rec room. But it is some
sort of a sign of appreciation and more than just a thank you note.".
Councilman Moe thought this was a capital idea, but Armstrong felt it was a cheap
way to acknowledge the volunteers. .
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 20, 1987
7:00 p.m. Meetings Convenes
1. Set the Agenda
2. Minutes: January 6, 1987
3. Claims
4. Planning Commission Appointments
5. Sunfish Lake parking problems
6. Planning, Zoning and Land Use
8:00 p.m. A. Public Hearing: Request for variance to lot
size in the horeland District and variance
to forego the platting requirements for a
subdivision described by metes and bounds;
Leroy Howell, 2119 Lake Elmo Ave.
B. Final Plat Approval: Ken Sovereign, 4415
Olson Lake Trail.
---------------------- BREAK -----_______________.__
7. City Engineer's Report
A. Street light request: Guardian Angels Church
B. Street light request: Bonnie Moris
C. Partial payment #4: Widmer, Inc.
(OVER)
City Engineer's Report (con't)
D. Final payment for Prokosch emergency
holding tank.
E. Update on 201 land condemnation
F. Interagency agreement with Mn/DOT
G. Municipal State Aid update
8. City Administrator's Report
A. Resolution against candidate landfill site
in Lake Elmo Park Reserve
S. Appointment of Consulting City Planner
C. Public Officials liability and Fire
Company Errors & Ommissions insurance
g. Adjourn