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HomeMy WebLinkAbout04-07-87 CCMLAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 Acting Mayor Rosemary Armstrong called the City Council meeting to order at 7:02 p.m. in the City Council chambers. Present: Armstrong, Moe, Graves, Johnson, City Engineer Bohrer, C-i-t-y---P-1-an-ne-r—Rob-Che-l-seth-; City Attorney Steve Carlson and City Administrator Overby. Absent: Mayor Arlyn Christ 1. Agenda Add: 10B. Asphalt Mixing Plant on Ag Zoned Land M/S/P Graves/Johnson - to approve the agenda for the April 7, 1987 City Council meeting as amended. (Motion carried 4-0). 2. Minutes: March 17, 1987 M/S/P Graves/Johnson - to approve the March 17, 1987 City Council meeting minutes as presented. (Motion carried 4-0). 3. Claims M/S/P Graves/Johnson - to approve the April 7, 1987 City Council claims 088584 thru #88654 as presented. -(Motion carried 4-0). 4. Parks Commission Appointments There are three vacancies on the Parks Commission: one regular voting member and two alternate non -voting members. Three applications have been received and are attached for your review: 1. Dan Trauscht 5130 Jamaca Blvd. Applied 9-13-86 2. Mark Busta 8810 27th Street Ct. Applied 3-16-87 3. Sharon Simpson 5270 Jamaca Blvd. N. Applied 3-21-87 M/S/P Graves/Moe - to change the status of Gloria Knoblauch and Scotty Lyall from First and Second Alternates, respectively, to regular voting member status on the Lake Elmo Parks Commission. (Motion carried 4-0). M/S/P Graves/Moe - to appoint to the Lake Elmo Parks Commission (based on the application dates) Dan Tauscht as the new regular voting membr, Mark Busta as a First Alternate Member and Sharon Simpson as a Second Alternate Member. (Motion carried 4-0). Dan Trauscht was unable to attend the meeting, but Mark Busta and Sharon Simpson were present. The City Council welcomed them to the Parks Commission and thanked them for their interest. LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 2 5. Public Inquiries Bill Boylan, 50th St., asked what is the status of the proposal to pave 47th and 50th Street. Acting Mayor Armstrong answered that we were waiting for approval by the state agency on the 35 mph curve at Kimbro Avenue and 43rd Street. This project has not been ordered. As a concerned citizen, Mr. Boylan conveyed his displeasure and dismay on the Council denial of the Erickson Freeway Service Center application. He had no financial gain in this proposal, but hoped in the future the Council would reconsider such applications. 6. Landfill Project Update Dan Novak introduced Linda Ramirez as the treasurer of the Lake Elmo Landfill Citizen's Advisory Committee. Linda explained the committee was well aware of what the landfill expenses were and gave a brief explanation on the landfill photos and expenses. Dan Novak stated he underestimated the cost of the visual aids and asked if the amount could be extended. If the bill passes out of the full Senate, they would have to deal with lobbying the entire full Senate and the House. This would involve 140 summary sheets at an estimated cost of $2.00 each which would add up to $300. A remote control switch was purchased for a slde projector for $21, and $100 was spent on miscellaneous items. M/S/P Moe/Graves - to allow up to $1500 (total) for spending by the Lake Elmo Landfill Citizen's Committee to fight the proposed landfill. (Motion carried 4-0). Representative Willard Munger who chairs the House Full Committee on Environmental and Natural Resources does not prefer the exclusion of regional par], land as proposed landfill sites. He does not advocate a solution to this because if this bill passes onto the floor, there will be amendments tacked on for prime ag land and historical sites. Munger is a strong ally although he does not believe the legislative process is the solution. Rep. Munger had staff person Ann Glumac request the MPCA, Met Council and Washington County to officially establish the siting process which will be in a non-public meeting. On March 22 the Senate Environment and Natural Resources Subcommittee heard testimony on legislation which would prohibit a landfill in a Regional Park. After considerable discussion Senator Gene Merriam added an amendment requiring counties to locate an alternative site if park sites were excluded. Senator Gregg Dahl also added an amendment to the bill excluding landfill sites adjacent to current landfills. The amended bill passed unanimously moving on to he Full Senate committee. On March 31st the House of Representatives Environment and Natural Resources Committee heard testimony on the bill. The House Committee Chairman Willard Munger would not call for a vote, as the legislation in his words was "too controversial;", but he did want to hear the LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 3 testimony. Chairman Munger stated he would request the MPCA do a study of how the site remained on the inventory list. The Washington County EAW & EIS process had to have all the quotes in by last Friday (April 3) for the proposal for the Environmental Assessment Worksheet. This is scheduled to begin May 8th and the Lake Elmo Citizens Advisory Committee wants to be involved during this process and has contacted Washington County and they will be able to monitor this. Zack Hansen, Washington County, has requested that the City as well as the Citizens Advisory Committee draft a letter to Charles Swanson, Washington County Administrator, copying Fred Anderson and Zack Hansen, requesting the involvement of the Lake Elmo Citizen's Advisory Committee on the worksheet. Novak felt the reason they were heard before the Senate Sub -committee and the House Full -Committee was because of the involvement of the number (approx. 80) of people in the audience which was a real credit to those people. M/S/P Moe/Graves - to direct City Administrator Bob Overby to write a letter requesting the involvement of the Lake Elmo Citizen's Advisory Committee on the Environmental Assessment Worksheet. (Motion carried 4-0). 7. Public Hearing: Request for variance to allow horses on an undersized Rural Residential zoned lot; 5760 Kirkwood Ave. N.; Terry & Mary Arnesen Acting Mayor Armstrong opened up the public hearing at 7:30 p.m. in the City Council chambers. Dick Ackerson from Edina Realty represented Terry and Mary Arnesen, vets at Stillwater Clinic, who wish to keep up to two horses on a 5.9 acre rural residential lot. A purchase agreement was drawn up on February 13, 1987 between the Swansons and the Arnesens. This agreement is subject to the Arnesens being allowed to keep two horses at 5760 Kirkwood Ave. N. FINDINGS OF FACT: a. That public notice was duly sent and published. b. That Section 301.130N.4 Hazards and Nuisances states no domestic animals, livestock or kennels shall be placed on any site of less than ten (10) acres. C. That the Hardship given was the Arnesens have been unable to purchase land surrounding this parcel. d. That the Hardship given was the purchase agreement was drawn up on February, 1987 and now there is a signficant difference in their finances because the housing industry has had a flip in the interest rates. e. That economic consideration alone cannot serve as the basis LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 4 of a hardship. f. That Dick Ackerson talked to Steve Raleigh to see if he would be interested in leasing acreage, but had not received any answer. g. That a letter was received from abutting property owners, Mr. & Mrs. Donald Knipe and Mr. & Mrs. Richard Hesse stating they understand and are in accord with what the Arnesens are requesting. Acting Mayor Armstrong closed the public hearing at 7:57 p.m. Armstrong had no doubt that the Arnesens would take excellent care of the animals, but the code requires 10 acres. There was no undue hardship shown and granting this variance would give the applicant a special privilege that is denied by this ordinance to owners in the same district. City Attorney Carlson stated you are not granting a horse, but granting the right which runs with the land. Councilman Graves was sympathetic with the situation and felt the Arnesens would take good care of the horses. But this would be changing the ordinance relative to permitting animals on different sized property throughout the community. There was no extraordinary hardship shown that is riot economic and he would not be wiling to grant this variance. Councilman Johnson felt that the City should be consistent in our ordinances and does not see a definite land hardship to grant the variance. M/S/P Graves/Johnson - to deny the request by Terry and Mary Arneson, 5760 Kirkwood Avenue N. for a. variance to allow 2 horses on the undersized (5.9 acre) rural residential zoned lot. (Motion carried 4-0). 8. Public Hearing: Request for variance to the number of accessory structures in R1 zoning; Richard J. Pierre, 8780 42nd Street N. Acting Mayor Armstrong opened up the public hearing at 7:58 p.m. in the City Council chambers. Mr. Richard J. Pierre, 8780 42nd Street N. wishes to construct a 22, x 25' storage building (550 square foot total size) in the R-1 zoning ditrict. FINDINGS OF FACT: a. That public notice was duly sent and published. b. That Section 301.130C.14.c of the City code allows "one building with a total area not to exceed 1000 sq.ft." LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 5 C. That there already exists a 440 sq.ft. garage on the property. Thus, there is a theoretical balance of 560 sq.ft. of building space and the proposed building would fall within this maximum size limit. d. That the ordinance only allows one accessory structure, and the detached residential garage is that one allowed structure. e. That a variance would have to be granted on the number of accessory structures allowed in order to allow a second building to be constructed. f. That the location of the proposed building appears to meet the required side yard and rear yard setbacks. g. That there are letters from neighbors at 8720 42nd St. N and 8810 42nd St. N. indicating no objection to the proposed building. h. That a hardship was not given to justify granting a a variance on the number of accessory structures allowed in the R-1 zoning district. Acting Mayor Armstrong closed the public hearing at 8:12 p.m. Councilman Johnson had looked at the property and found it fairly open for the garage to come off on the northside with an attached building. Councilwoman Armstrong stated that granting the variance request would confer on the applicant a special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. The City would be treating the Pierres special if they were allowed to do this. M/S/P Graves/Johnson - to deny the request by Richard J. Pierre, 8780 42nd Street N. for a variance to the number of accessory structures in the R1 zoning district based on the Findings of Fact. (Motion carried 4-0) . 9. Public Hearing: Request for variance to setback requirements from the OHWM, Shoreland Permit to construct an addition; Jerry Tewinkle, 4709 Olson Lake Trail. Acting Mayor Armstrong opened up the public hearing at 8:14 p.m. in the City Council chambers. Tony Barret of Irmiter Construction explained that Jerry Tewinkle proposes to construct an addition onto the existing house at 4709 Olson Lake Trail. This property is on the west shore of Olson Lake and Shoreland regulations apply. LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 6 FINDINGS OF FACT: a. That the proposed addition is 85 feet from the NOHW of Olson Lake where 100 feet is required. The addition will encroach no closer than the existing house to the water and would not increase the existing non -conformity. The existing patio is 10 feet closer to the water at 75 feet. b. That a variance for shoreland setback is .required and the DNR has no objection to this variance. All other setbacks can be met. C. That the new addition will contain a new bedroom, but an exisitng bedroom in the basement will be abandoned. Since there is no net increase in the number of bedrooms, an evluation of the septic system is not required. d. That a new drainfield was installed in 1985. That the survey showed that the distribution box was installed on the County Road right-of-way, but this existing condition need not be corrected for this application. e. The proposed addition is 9 feet above the minimum building elevation of 934. f. That public notice was duly sent and published. g. That neighbor Robert Coles, 4719 Olson Lake Trail, had no objection with the construction of the addition. h. That the Hardship being the existing location of the house. (The addition is attached to the existing structure which is 85 feet from the NOHW of Olson Lake. Acting Mayor Armstrong closed the public hearing at 8:25 p.m. Councilwoman Armstrong had no problem with the request as long as the addition will encroach no closer than the existing house to the water. The hardship being the whole house is there and you are not going to move the house back 15' to accomodate the 100 feet setback. Councilman Johnson had no problem with the setback, but had a concern on adding a bedroom for the design of the septic system. He wanted it clarified that Mr. Tewinkle's intention was to use the house with the addition for the four members of his family and not intending to add a separate apartment. Mr. Tewinkle responded that there would only be four people which would not add more sewage to the system. M/S/P Johnson/Graves - to grant the variance to setback requirements from the Ordinary High Water Marl, (OHWM) and Shoreland Permit to construct an addition to Jerry Tewinkle, 4709 Olson Lake Trail. (Motion carried 4-0). 10A. Public Hearing: Request for variance from 1986 Rural Residential cluster development standards, Lake Elmo Heights Phase II; Don Bishop. LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 7 Pusuant to published notice, Acting Mayor Armstrong opened up the public hearing at 8:30 p.m. This subject has previously been discussed at the City Council meetings of 2-•17-87 and 3-3-87. The purpose of the public hearing is to consider a variance to the 1986 Rural Residential Cluster Development Standards which if granted would allow Phase II of the Lake Elmo Heights Development to be platted under the 1979 Rural Residentail Cluster Development Standards. Bruce Folz passed out the resolutions approving the Lake Elmo Heights First Phase plat and the Hammes Country Vista plat. Folz felt the Lake Elmo Heights cluster plan development resolution should have been written like the Hammes Resolution. Based on the City's ordinance when going into a cluster plan, you have to identify the ownership of what you are doing and not to allow density transfers. It has been the City's policy to identify this for their protection and the owners protection. There is a clause in the Hammes Resolution stating that Outlot A, which is the residue part, will be converted to no more than six residential lots under the present zoning ordinance. The reason for that is the contract which protects the owner if the City changes the ordinance and protects the City if the owner wants to come and change the contract. This provision was omitted in the Lake Elmo Heights resolution which has created the problem. Bruce Folz stated that part of the hardship is they have invested a significant amount of money, spent a lot of time planning and intending to do this last year on the reliance of the approval of the entire 145 acre tract. The letter written by Attorney Don Raleigh to the City stated that they received preliminary approval of the concept plan and sites the statute under which the moratorium was adopted. It further stated that if you disagree with this please respond otherwise they would assume the City would follow the statute. This letter was not responded to in writing. City Administrator Overby responded that he verbally told Don Raleigh that the moratorium would not prevent Phase I from proceeding. Bruce Folz added that the Developers Agreement covered the physical improvements such as road construction and the drainage improvements and did not include anything about the density. The Lake Elmo Heights resoluton did not include the outlet. The reason it didn't become an outlet was they refused to make this outlot because of the tax situation. As soon as they define this in a plat as an outlet Washington County Assessors note it is no longer Ag farm land and the taxes go up. Dan Novak, former Planning Commission member, stated he was opposed to the development because of loss of rural atmosphere, lack of preliminary plat approval, poor soils, granting of variances is unnecessary to the two changes (elimination of transfer of density and change in density from 7 per 40 to 4 per 40) made in the comprehensive plan. LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 8 Attorney John Stibbe felt the outlot could be tied into the Developers Agreement. There could be a convenant against developing the outlot which would be 94 acres in size. If this is not satisfactory, they would put it into an outlet and they would not need this particular variance and go with the other variances that are needed to go forward under the old cluster provision. Acting Mayor Armstrong closed the public hearing at 9:28 p.m. Councilman Graves was on the Planning Commission when Lake Elmo Heights was before them. Graves felt they considered the entire Phase I and Phase II and gave them approval in concept for the development. He added that we are in this situation because of some mismanaged communications between the understanding on the City's part and the applicant as to whether approval was granted to Phase II. He felt the City Council gave approval for Phase I and Phase II and the developer should be allowed to proceed under the 1979 cluster development standards which was their intent right from the start. Councilman Moe was on the Planning Commission at the time of Lake Elmo Heights application and had the understanding that Phase I and Phase II had approval. Therfore, he made the following motion. M/S/P Moe/Graves - to grant the request from Don Bishop on behalf of Lake Elmo Heights for variances (1) seven units per 40 acres rather than four units per 40 acres;-(2) a transfer of density pursuant to the previous cluster zoning provisions; (3) one and one-half to two acre lots rather than the five to seven acre lots under the new cluster zoning provisions which are allowed under the 1979 Rural. Residential cluster development standards . These variances will allow the applicant to proceed with Phase II of Lake Elmo Heights under the 1979 cluster development standards. (Motion carried 3-1<Armstrong: Opposed because the Planning Commission spent alot of time on the cluster development. While she is not opposed to it being a cluster and thinks it will be a fine development, all the time spent on this should be honored.>) M/S/P Graves/Johnson - to deny granting variance (4) to proceed to plat the lots without platting the remainder of the 145 acre parcel as an outlot. (Motion carried 4-0). B. Request to Allow an Asphalt Mixing Plant as a Temporary Use on Agriculturally Zoned Land Near County Road 17 and TH 36 Highway 36 pavement will be reconstructed this Summer from highway 120 to Stillwater. The reconstruction project will remove the existing asphalt pavement and add new aggregate to the processed aggregate in order to prepare new asphalt material. This construction process requires that an asphalt mixing plant be located near the center of this roadway project. Anderson Brothers Construction Company of Brainerd will be bidding on the resurfacing project. They have located a potential site for the asphalt mixing plant on 20 acres owned by Richard Bergmann. Richard Bergmann and Don Anderson were present at the meeting to get a LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 9 ( response from the City on the request for allowing an asphalt plant to operate for up to 3.5 months on the Bergmann property. Bergmann felt his land would be replaced in better condition than it is now. He had written consent from several neighbors. The contractor was willing to post a $50,000 bond. Councilman Graves had no problem with alloiwng this and suggested the staff look into approving this. City Administrator Overby felt this could be handled under an Alternate Ag Use CUP. The only problem would be the time constraint. Councilman Johnson felt this was a serious enough operation that cannot be done without public input. M/S/P Armstrong/Moe - Because of the benefit to Lake Elmo and surrounding community, the request was directed to be handled administratively. (Motion carried 3-1<Johnson: opposed because he felt this should not be done wihout a public hearing>). 11. Public Hearing: Legion Pond Storm Sewer Improvement Project. Pursuant to publshed notice, Acting Mayor Armstrong opened up the public hearing at 9:40 p.m. The City Engineer presented a preliminary report on the proposed Legion Pond outlet public improvement project to the City Council on March 17, 1987. At that time, the City Council requested that an analysis be made of the increase in fair market value to the properties which would benefit from this project. A copy of the April 1, 1987 letter from Penfield, Inc. was enclosed for the City Council's information. According to the letter, the majority of benefit would be to the homes directly impacted by the high water conditions. The remaining properties show a smaller benefit due to increase in market value. Pond samples were taken and based on phosphorous testing and bacteria testing the transfer of Legion Pond to Lake Elmo would not degrade the water quality of Lake Elmo. (The water in Legion Pond was not degraded to the point at which it would not be swimmable.) In the letter written by William Schwab, Penfield Inc, to City Administrator Overby dated April 1, 1987 he explained that they analyzed the proposed project to see what effects it would have on the property when fully implemented. They do not take into consideration any improvements the owner may make to the property once the plan has been implemented. He used the information that was provided by the City Engineer. City Engineer Bohrer reported that there is a third alternate route, but this has not been explored. From discussions with the person involved the City may be able to obtain the easement for nothing, but there would be some replacement of a driveway and necessity to install manholes. The cost would stay about the same. LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 10 Gordon Lundholm, stated that Lake Elmo started rising when Co. 17 was improved because the County Highway Dept. obstructed the natural drainage. He added that any action taken by a previous council must be taken in account by the present council. The City Coucil, knew of the swampy ground and granted permits to build homes on Legion Avenue. Therefore, the Council should provide this relief with City money and not through assessments. Dan Collyard felt this project was not a permanent solution. It would still be leaving foundations and septic systems in the water. At any given time heavy rainflls would raise the level of the pond. He felt the assessments should be assessed throughout the entire watershed district. The City should have included Legion Pond in the 509 Project because the problem is a direct cause of runoff and high groundwater and millons of gallons of water forced into the ground by pumping of area lakes. Therefore, he would like the City to explore other avenues for a permanent solution. Also, there still may be funds available within the 509 project through a contingency fund set aside for omissions and errors. Collyard stated he will leave his house and not pay anymore taxes and then it will be the city's home. Earl Goerss felt we should consider waiting one more year to see if water levels go down without the project before they put in a costly system to lower Legion Pond. He felt it was unfair he should be assessed for water going off of his property. Judy Toft read a comment from 8-8-85 VBWD minutes "the 509 system is to be minimally sized as it is not possible to add additional flood areas until the system has demonstrated its capacity to handle the volume of water it will receive". This sounded to her that there still could be a chance to get on the 509 and requested the City to ask VBWD that Legion Pond get on the 509 Project. Rod Toft felt the people on Legion Pond wouldn't resist the assessments if they were for a permanent solution. City Engineer Bohrer felt this is the most permanent solution they can get with the constraints they have. City Administrator Overby reported that people on 31st Street asked the VBWD to have their pond included as an improvement project. They were told that the system has to prove itself for at least a year to show that it could carry what it was designed to take and then they would consider building this pond in. Bill Peterson thought the project was feasible, but was not in favor of the assessment. The assessments should be watershed wide and suggested a taxing district. Don Klassen felt this was the best option and the property owners were assessed correctly. Dave Johnson asked about looking at the SE ravine, but this goes to Downs Lake which is 4-feet higher than Legion Pond (891.0) and Eden Park Pond is also at 891.0. LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 11 ( Tom Raymond felt the more logical position was to go with the 509 Project. He does not like to put money into a project that would be only temporary. He suggeested the cost should be spread out. City Engineer Bohrer recapped that the City Administrator has explored the tax increment financing district and he has applied to the DNR for a grant program that they have in place now. Acting Mayor Armstrong closed the public hearing at 10:50 p.m. Councilman Don Moe felt it was a "band aid" solution and why should the Legion Pond people spend this amount of money for a temporary solution. He added why should the people on Legion Pond settle for earthen dikes when they didn't have them when they moved in there. He sympathised with the Legion Pond people and suggested they get help even to consider sueing the City. VBWD will be pushing the DNR to lower Lake Elmo to 883 and Moe suggested asking the DNR to lower it even more. Councilman Johnson felt the people that have the excessive assessments, the most benefited property owners, are saying this is not a satisfactory solution. He asked if they were saying no project would be better than being assessed $20,000 for a temporary project. Councilman Graves felt the City had the obligation and agreed with the suggestion of petitioning the VBWD. M/S/P Moe/Graves - to petition the VBWD for relief_ of Legion Pond, which would include the City making available and turning over all information it already has and work that is done so far on Legion Pond. (Motion carried 4-0). M/S/P Moe/Armstrong - to extend the City Council meeting to 12:00 p.m. (Motion carried 4-0). 12. Public Hearing: Request for variance from sideyard setback, off-street parking, and ponding requirements in the Public Facility Zoning District; Site and Building Plan Review; Classroom Addition to Lake Elmo Elementary School, 11030 Stillwater Blvd. Acting Mayor Armstrong opened up the public hearing at 11:35 p.m. The 916 and 834 School Districts presented a site and building plan for a 11,900 square foot addition to the Lake Elmo Elementary School at 11030 Stillwater Blvd. for special education classrooms for the NE Metropolitan Intermediate School District 916. The addition would be on the north end of the east wing at the location of the present bituminous play area. Additional work includes constructing a new bituminous play area to replace the one lost to the building addition and constructing a gravel fire access lane. Tom Tapper, NE Metropolitan Intermediate Schol District 916, stated they have talked to Donald Raleigh and Calvin Brockman and they had no LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 12 objection to the drainage for the addition to the Lake Elmo Elementary School being directed to the Brockman Addition pond, on the condition that the additional contribution to drainage going into the Brockman Addition Pond from the School District land is insignificant even if the existing and contemplated construction in Brockman Addition is built to its maximum density. Therefore, Raleigh and Brookman had asked the City to assure that the use of the Brockman Addition pond by the School District will not increase the holding pond requirements for Brockman Addition. Councilwoman Armstrong asked if there was an option on the classrooms if they are needed by District 834. The response was that District 916 would be entering into a joint powers agreement with District 834 for a period of 10 years. At the end of the ten years, the school district has the option to purchase the existing facility by buying it back based on the existing value. The public hearing will be continued because public hearing notices were not sent to the surrounding landowners in time to meet the 10-day notice requirement. M/S/P Moe/Graves - to continue this public hearing until the April 21st, 1987 City Council meeting. (Motion carried 4-0). Councilman Johnson had a concern on the drainage letter and asked if the City Attorney would prepare a response to the Raleigh/Brookman drainage condition. M/S/P Johnson/Graves - to direct the City Attorney to draft a response to the Brookman/Raleigh letter on the drainage issue. (Motion carred 4-0). 13. CITY ENGINEER'S REPORT A. Cottage Grove Ravine Plan- Computer modeling At the last Council meeting, City Engineer Bohrer informed the Council that the Washington County Soil and Water Conservation District does not have the capability to compute the cumulative peak flowrates. The local plan cannot be completed without this information. The City Council requested that we formulate a cost estimate to perform the computer modeling of the surface water hydrology. City Engineer Bohrer reported that TKDA can perform this work for a cost not to exceed $2,500. An added benefit is that this computer model will also establish the floodplain around each of the ponds, thus avoiding this work in the future. M/S/P Moe/Graves - to approve the expenditure of $2,500 for a computer modeling of the surface water hydrology of the Cottage Grove Ravine Watershed as recommended by the City Engineer. (Motion carried 4-0). 14. CITY ADMINISTRATOR'S REPORT A. Review bids on tanker truck - Fran Pott LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 13 Fire Chief Fran Pott and the Volunteer Firefighters has reviewed the bid information after the opening. The Fire Department recommends that the City Council accept the following bids from the March 20th bid opening. 1. Chassis Astleford $31,692.00 2. Body LaVerne 39,538.75 3. Body Options LaVerne 1,330.00 4. Accessories LaVerne 2,116.25 TOTAL $74,677.00 The Fire Department also recommended that all other bids be rejected as non -responsive or higher priced than those above. The above items plus a two-way radio (estimated cost of $1200) will provide a complete vehicle at the budget price of $75,000.00. The radio will be partially paid for by a donation of $1,030.00 from the Lake Elmo Lions Club. M/S/P Graves/Moe - to accept the bid of $31,692.00 from Astleford International Trucks, Inc. for the tanker truck chassis; the bid of $39,538.75 from LaVerne Fire Apparatus for the tanker truck body, The bid of $1,330.00 from LaVerne Fire Apparatus for the tanker truck body options; and the bid of $2,116.25 from LaVerne Fire Apparatus for tanker truck accessories, for a grand total of $74,677.00 as recommended in the letter of April 3, 1987 from the Fire Chief. (Motion carried 4-0). M/S/P Graves/Moe - to direct the City Staff to prepare the equipment certificates for $74,677.00 in approved tanker truck equipment purchases, plus any administrative fees or expenses that may be charged to the City. (Motion carried 4-0). M/S/P Johnson/Graves - to commend the Fire Chief and the Lake Elmo Volunteer Firefighters for containing the recent grass fire in the Regional Park from consuming the surrounding houses. (Motion carried 4-0). B. 1987 Animal Control Contract Gerald Dahlberg and Merle Eastman currently share the provision of animal control services to Lake Elmo. The two men work alternate two -week shifts nd are required to spend a minimum of two hours per day Monday through Friday in Lake Elmo. Call -outs outside the regular work day are paid at $12.00 for each call -out. In 1986, $4,400 was budgeted for animal control services. The 1987 budget contains $4,600 for this service, which is an increse of $200 for the entire year (about 4.5% of the 1986 salary). The proposed 1987 contract provides $370.00 per month to be split evenly between the two animal control officers, based on their alternating schedule. A total of $4,400 in gross salary expenses LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 14 would be paid out, leaving $160.00 for the special call -outs. The City Council felt Jerry and Merle have provided very good animal control service to the City at a reasonable cost. M/S/P Moe/Johnson - to approve the 1987 Animal Control Contract to provide animal control service between the City of Lake Elmo and Gerald Dahlberg, and the City of Lake Elmo and Merle Eastman at a monthly per person cost of $185.00 and a total yearly cost of $4,400.00. (Motion carried 4-0). C. 1987 Law Enforcement Services Contract Information documents on summary costs, vehicle costs, patrolman costs and average hourly rates for the 1986 and proposed 1987 law enforcement service contract betwen the City of Lake Elmo and the Washington County Sheriff's Department were given to the City Council. The total estimated cost of $84,906.53 is within the 1987 budget allocation. The City Council felt the Sheriff's Department has provided excellent police protection sevice in 1986 and recommended that the 1987 Law Enforcement Services Contract be approved. There was discussion on whether or not we are getting the proper law enforcement service. It was suggested that the League of Minnesota Cities may have criteria as far as law enforcement requirements. The Council directed the City Staff to look into information and criteria on adequate law enforcement to obtain an objective and unbiased comparison. M/S/P Graves/Moe - to approve the 1987 Law Enforcement Service Contract. (Motion carried 4-0). D. Repair of old City Hall The roof at the old city hall is in need of replacement. Enclosed is a bid ($2,885.00) from Bernie Meyer to do the work. M/S/P Johnson/Graves - to approve the replacement of the roof on the old City Hall and secure another quote for the work which would be satisfied by Building Inspection Jim McNamara and Maintenance Foreman Dan Olinger. The City Staff will proceed with the lowest responsible bid. (Motion carried 4-0). Councilman Johnson has a concern on City spending and asked Finance Director Banister to provide running budget figures. M/S/P Moe/Johnson - to adjourn the City Council meeting at 12:20 p.m. (Motion carried 4-0). EXECUTIVE SESSION Acting Mayor Armstrong called the executive session to order at 12:23 p.m. in the City Council Chambers. LAKE EL140 CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 15 Attorney Steve Carlson reported that the pole building bids were automatically void. They should be cancelled and rebid and he suggested tightening up the specifications that they want to see in the building. City Attorney Knaak will write a letter to the bidders and Morton Builders and try to recover the $5,000 that was a prepayment to order. M/S/P Moe/Graves - to cancel the bids taken for the pole building and tighten up the bid specifications and rebid the maintenance pole building.(Motion carried 4-0). M/S/P Moe/Johnson - to adjourn the City Council meeting at 12:35 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 April 7, 1987 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: March 17, 1987 3. Claims 7:05 p.m. 4. Parks Commission Appointments 7:15 p.m. 5. Public Inquiries 6. Landfill Project Update 7:30 p.m. 7. Public Hearing: Request for variance to allow horses on an undersized Rural Residential zoned lot; 5760 Kirkwood Ave. N.; Terry & Mary Arneson 7:45 p.m. 8. Public Hearing: Request for variance to the number of accessory structures in R1 zoning; Richard J. Pierre, 8780 42nd Street N. 8:00 p.m. 9. Public Hearing: Request for variance to setback requirements from the OHWM, Shoreland Permit to construct an addition; Jerry Tewinkle, 4709 Olson Lake Trail. 8:15 p.m. 10. Public Hearing: Request for variance from 1986 Rural Residential cluster development standards, Lake Elmo Heights Phase II; Don Bishop. --------------- BREAK-- 9:00 P.M. 11. Public Hearing: Legion Pond Storm Sewer Improvement Project. 10:00 p.m. 12. Public Hearing: Request for variance from sideyard setback, off-street parking, and ponding requirements in the Public Facility Zoning District; Site and Building Plan Review; Classroom Addition to Lake Elmo Elementary Schoo, 11030 Stillwater Blvd. (OVER) 13. City Engineer's Report A. Cottage Grove Ravine Plan - Computer modeling 14. City Administrator's Report A. Review bids on tanker truck - Fran Pott B. 1987 Animal Control Contract C. 1987 Law Enforcement Services Contract D. Repair of old City Hall. 15. Adjourn regular meeting Open Executive Session to discuss potential litigation regarding the bids recently let for the Maintenance Department's pole building. 16. Adjourn