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HomeMy WebLinkAbout07-21-87 CCMLAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 Mayor Arlyn Christ called the City Council meeting to order at 7:00 p.m. in the City Council Chambers. Present: Christ, Johnson, Armstrong, Graves, Moe (arrived 7:04), City Engineer Bohrer and City Administrator Overby. 1. Agenda Add: 3A. Street Light on Jane Road N., 9D. School Crossing Light Update, 9E. Fire Truck M/S/P Armstrong/Graves - to approve the agenda for the July 21, 1987 City Council meeting as amended. (Motion carried 4-0). 2. Minutes: July 7, 1987 John Eisele felt the version of the Resolution that was in the minutes was not the way he interpreted the motion. Councilman Graves felt his motion was that the Council would ask the Watershed District to look into providing some sort of relief to the people either by dredging the bay to give them proper access to the lake or rescinding the special assessment. His intent was more accurately recorded in the minutes. Councilwoman Armstrong expressed her intent was to request Valley Branch Watershed to listen to the people, but not necessarily to rescind the assessment or do the dredging. The Resolution numbers are out of sequence and will be corrected. M/S/P Graves/Armstrong - to approve the July 7, 1987 City Council minutes as amended. (See Resolution 87-31). (Motion carried 5-0). 3. Claims The Council will discuss at budget time the City's overtime policy and if the audit has to be as thorough and as expensive. Another question raised was if the 201 expenses are pass-thru expenses since they are mandated by the government. M/S/P Graves/Johnson - to approve the July 21, 1987 claims #89010 thru #89058 in the amount of $88,308.67 as presented. (Motion carried 5-0) . 3A. Street Light Request for Jane Road and Jane Court Intersection Marilyn Benesch, 9377 Jane Court, presented a petition for a street to keep the juveniles off a common lot owned by 14 property owners. There is already a pole there approximately 15 feet off the intersection. There would be no installation cost, but there is a LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 2 $10/month charge for electricity and maintenance of a street light. M/S/P Graves/Johnson - to approve the street light request contingent on the verification of the names on the petition representing 75 percent of the residents within 300 feet according to the City's street light policy. (Motion carried 5-0). City Engineer Bohrer would like an opportunity to drive by at night before he could make an opinion. Councilman Johnson felt that this intersection could use a street light because it is very dark and you are unable to see if any children should run out into the street. 4. Landfill Committee Update Dan Novak reported outstanding charges which are relative to the Washington County Fair booth. The charges include: $136 for balloons with markings, $47 for handouts, $15 for business cards and the booth rental has been donated by Teddy Carlson. Linda Ramirez, Citizen Advisory Committee Treasurer, will contact Finance Director Marilyn Banister for setting up an account to deposit donations received to -date. Councilwoman Armstrong suggested that the Citizen's Advisory Committee have an account on their own. A proposal from George Crocker of the North American Water Association was given to the CAC of items that could be of benefit to the Committee. Mr. Crocker will attend the August 2nd Sunday night meeting to discuss this. The funds the Committee have set up could not handle this and they would like the City to get involved. The Munger meeting was held on July 16th which Dan felt was a disaster because they passed off their unfairness with an attitude of indifference. Every point they brought up to them, they refuted. Also, Willard Munger had refused the option for an interim study, but felt the EIS was the solution and the Committee should proceed with it. The Committee had asked to go before the full Metropolitan Council and Steve Keefe's response was that he would take this under advisement. The Committee has received the Met Council response to their eight questions. Dan has talked to Bruce Dunn who has met with trash hauler Maroney and Zack Hansen of the County to discuss the City drafting an Request For Proposal for solicitation of haulers for curb site pickup once a month in the City. Maroney has proposed to pick up once a month three types of glass, newsprint, and aluminum cans. The Committee endorses this action and sees this as a positive argument in favor of what they are trying to do with the landfill. Armstrong's understanding from talking to Bruce Dunn was that he felt this was an excellent idea and would carry it through, but they are busy with the compost pile and are trying to get this working. It was suggested that this be put on the City Council agenda for discussion. City Administrator Overby will contact Bruce Dunn. LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 6 trees are the problems of the City. Planning Commission member David Johnson stated it doesn't make sense to reroute the road for two oak trees when a few years later oak wilt or lightning may take these trees out. Mayor Christ closed the public hearing at 8:40 p.m. Councilwoman Armstrong commented that Beverly Rieks' letter of March to the City stated they would remit assessments in advance (on 47th, Kimbro and 43rd) of the Green Acre policy providing their total assessment does not exceed $2000. Armstrong asked if this wording covers the City to collect the assessment money, because she did not like to see a cap on it. Mrs. Rieks stated she would write another letter making it clear they intend to remit total payment in advance. Mayor Christ recapped that the Council had directed the City Engineer to get the road in this year without losing those trees. The proposal came in and is workable with taking a minimal 1/2 acre of land out of 100 plus acres, which is an acceptable condition, and he was in favor of this proposal. Councilman Graves agreed with Mayor Christ thata a long as we have confidence that the City Engineer and Highway Dept. both agree that by putting curbing in around the trees on Ed Stevens' property does provide a safe situation, he would concur and feels it is a worthwhile program and we should move ahead with it. Councilman Johnson commented that it is not unusual for a City to own trees along roadways and does not think the City's liability is any greater becasue the trees are on City property. He favors the road improvements and ordered the City to go ahead with the project at full speed. Councilwoman Armstrong asked for safety reasons if some sort of reflectors could be put around the trees. City Engineer Bohrer thought reflectors could be possible. Armstrong felt this was a good project and a good compromise and would be in favor of it. City Engineer Bohrer stated that they eventually will need a permit for this construction from the VBWD as we have obtained permits for other road improvements and it should be routine. We have verbal approval in concept from MnDOT because they do not officially approve it until they have finished plans before them. adopt Resolution 87-44 (amended 8-4-87) M/S/P Johnson/Graves - to approve the street improvements on 47th Street between Keats Avenue and Kimbro Avenue as proposed in the City Engineer's feasibility report of July 16, 1987 to be so ordered. (Motion carried 5-0). 7. PLANNING, LAND USE & ZONING A. Preliminary Plat: Tartan Meadows 3rd Addition Carl Peterson gave a short presentation stating Tartan Meadows 3rd LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 5 Ed Stevens, 10133 47th St. N., suggested that if the proposal goes through as planned, the City Engineer should contact Larry Foote of the Department of Transportation who has looked at the area, for advise on how to construct the road in such a way to preserve the trees. Also, coming from the east the land is somewhat low, but at the Wahl driveway there is a rise which makes it difficult to see when he pulls out of his driveway. Bohrer responded that when they designed this road one of the criteria they used is to make sure there is adequate site distance over hills or around curbs. Bohrer is aware of the hill right by the Wahl driveway and it would be extended out and the site distance will be improved. Bev Rieks, 4564 Kimbro Avenue, asked because their access is on Kimbro Avenue does that mean they would be assessed on 47th Street. Bohrer responded that if they assess them once on 47th Street the parcel on Kimbro Avenue, if ever approved, would not be assessed again, but the parcel across the street probably would be because it is a second parcel separated by a road. The City Council's peference is to designate the southern route as a Municipal State Aid street. Presently, the northern route is a MSA street and the City is in the process of requesting the switch. If the switch is approved by the Dept. of Transportation, then the City Council's intent would be to pursue upgrading this also. Rieks added that there seems to be considerable effort to go around these trees and asked if there would be additional cost for this effort. Bohrer responded that all construction items are eligible for state aid reimbursement so this does not figure into the assessments. Rieks felt we should give equal consideration to Sullwold's farm land which he uses as a livelihood as we are to Stevens' oak trees. Gilbert Sullwold, 10190 47th Street, stated the road should stay on the sectionline. Mayor Christ pointed out the City Council is trying to provide for as little disruption of the esthetics that exist today and to remove trees seems to be a waste even though it requires some land to the north for which the City is willing to pay. A half an acre at fair market value out of 100 plus acres is a small price to pay. Bob Johnson, 10323 47th Street, stated he was tired of eating dust. "One shouldn't have anything less than a Sherman tank because the road is not fit to drive on". Gaileen Smith, 10550 50th Street, asked what type of curb will be put up. Bohrer answered that the curb would be a 6-inch height concrete curb. Through the driveway it would drop down and there would only be a lip about an inch high and a gutter will be there to hold the water. City Engineer Bohrer stated that when the easements have been granted to make this official, it would mean that the two Stevens' trees that are protected will probably end up on a City easement or City right-of-way. If somebody does hit these trees, the ownership of the LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 4 does not follow the section line. The roadway is centered on the sectionline at Keats Avenue, but as the road goes to the East it ends up 33 feet north of the sectionline by the time it gets to Kimbro Avenue. The proposed plan is to widen the road to uniform width and straighten it out. The road is planned to be based on a 32 foot wide road bed and on that would be constructed 24 feet of bituminous pavement and a 4 foot gravel shoulder on either side. The driveway and cross culverts will be replaced and the driveways will be blacktopped up to the property line. The road will be designed for a 40 mph speed. This is in an unplatted area so there is no platted right-of-way for this road. The public does have a right to use this road simply because they have used this road and the City has maintained it for a number of years, but the use is limited. The City needs to purchase additional right-of-way along the road to make a uniform minimum width of 66 feet. There are many mature oak trees along the southside of the road, which the Council had considered worth preserving if at all possible. State Aid Standards require a clear zone for a distance of 20 feet from the edge of the blacktop. In order to keep the road as close as possible to its inplace position they are allowed to put a curb along this road to protect the public from going off the road and striking the two oak trees along Ed Stevens' property. This curb will be about 200 feet long in the area of either side of Stevens' driveway so the two oak trees can stay in place. One condition of placing this curb is that the State would have to erect "No Parking" signs on this portion of the road because the curb portion would be too narrow to provide a full parking place. The proposed improvements in order to save as many trees as possible is to try and use the southernly established fence lines as the south right-of-way line of this proposed road. This would require a narrow strip of land (approx. 1/2 acre) from Mr. Sullwold, property owner on the north. If this project were ordered in, it is possible that the grading and gravel base portion of the project could be completed yet this year and the surfacing followed as weather permits in the Spring. This is dependent on the City's ability to purchase right-of-way or easements that are necessary. If this takes more time than anticipated, then the entire project will not be started until 1988 and completed in 1988. It has been past City policy to assess only those costs for the project not eligible for payment out of the Municipal State Aid Funds. Municipal State Aid Funds will pay for all of the construction. Some of the costs not reimbursable are any legal costs involved such as acquiring easements, purchasing right-of-way and costs associated with land acquisition. There is a limit to the amount of engineering costs that is eligible for reimbursement which is 180 of the construction costs. The estimated proposed assessments will be $750 and $1000 per lot (lot is defined as the number of lots that are adjacent which could be subdivided under present code). LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 3 Leslie Davis of Earth Protector organization invited the Committee to work with other organization comparable to theirs throughout the metro area. A meeting has been set up for Thursday, July 23rd, at the Holiday Inn. Davis would like to consolidate these organizations so they could have more political influence. 5. Update from Beeman Place, Debbie Sheets, Director Director Debbie Sheets gave an update of Beeman Place which is almost two years old and is the only home for adult people with mental illness problems in Washington County. Beeman Place has the capacity for 15 residents with an age range of 18-35 and with an equal number of male and females. A smoking room has been added which decreases tension between the smokers and non-smokers. There are 8.6 (2 of which are administrative) full time people staffing the house 7 days a week 24 hrs a day. There is usually double coverage or more between hours of 9 a.m. to 9 p.m. The Director and Program Director are always on call. Councilwoman Armstrong has attended some of the informational meetings and found it to be a very structured organization and very well run. Councilman Johnson stated he has not received one negative report regarding Beeman Place. City Engineer Bohrer had comments made to him about parking and asked if there are enough off-street parking or is this someone's preference that they park on the street. Debbie responded that most of the time there is enough parking. When the people want to play basketball, they move the cars out to the street. When they have interviews or speakers, they are unaware of no parking on the streets. Debbie urges people to call her with questions or concerns they may have. 6. PUBLIC HEARING: Proposed Grading, Gravel Based Construction and Bituminous Surfacing Improvements--47th Street (Keats to Kimbro) Pursuant to published notice, Mayor Arlyn Christ opened up the public hearing at 7:55 p.m. in the City Council chambers. City Engineer Bohrer gave a presentation for proposed improvements on 47th Street between Keats Avenue and Kimbro Avenue by grading, gravel base construction and bituminous surfacing. The estimated cost of such improvement is $138,000.00. There are seven property owners invovled in this proposed improvement, Sullwold on the North, Reiks, Johnson, Wahl, Stevens abutting the South, and Pechan and Hartman to the South which gain their access from 47th Street. This improvement is being proposed as part of the City's ten year Municipal State Aid Improvement Plan. This road is a MSA road which means it functions more than just a local street. It is a collector type street and Refering to a diagram, Bohrer pointed out that the travelled roadway LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 7 Addition is a 37.5 acre development proposed at the NE quadrant of CSAH 17 and Co. 70. The developer/owner is Willard Morton. The preliminary plat public hearing was held on June 22, 1987 and action on the request was tabled by the Planning Commission until the grading plan revision and drainage computations noted in the City Engineer's letter of June 19, 1987 have been addressed and resolved. The requested information was submitted to the City and reviewed by the City Engineer who recommended in a review letter dated July 13, 1987 that the preliminary plat be given favorable review by the Planning Commission. The Planning Commission voted on July 13, 1987 to recommend that the City Council approve the preliminary plat, and noted the points raised by the City Engineer's letter of June 19th in regard to the buildability on lots 1, 2, and 3 of Block 1 may not be able to be determined for drainfield purposes until the fill settles and percolation tests can be run and also the comment about the lowered grade on 11th Street and 12th Street cul-de-sacs. Councilman Graves asked if these lots still have one acre of area suitable for drainfield and Peterson agreed that they do have one acre which meets the requirements. City Engineer Bohrer stated that once the grading plan is approved, generally there are specifications for that grading work, a security deposit is made and the work can begin. Bohrer also recommended that they apply for their VBWD permit. Mr. Petrson answered that they have already talked to them. -M/S/P Graves/Armstrong - to approve the preliminary plat for Tartan Meadows 3rd Addition at the NE quadrant of CSAH 17 (Lake Elmo Avenue) and Co. 70 (10th Street). (Motion carried 5-0). B. Hammes Mining CUP Review The City Council discussed on June 16, 1987 the progress made by Hammes Mining in resolving the code/CUP violations identified in previous site visits and reports by Building Official James McNamara. The City Council decided to allow 30 more days (until July 15, 1987) for the Hammes Mining to do the following: 1. Finish placing the blue house on a permanent foundation that meets the building code. 2. Complete grooming of the farm yard to the satisfaction -of the Building Official. 3. Erect a berm or screening to shield equipment and miscellaneous items located south of the barn from direct view by traffic on Co. Rd. 19. An alternative to berming or screening is to remove the items not allowed by the CUP or Lake Elmo code from view of passers-by on County 19. The Building Official inspected the Hammes property and stated his LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 8 findings in a letter to the City Council dated July 15, 1987. City Administrator Overby inspected the Hammes Property on July 21, 1987 and a letter with his findings was given to the City Council. The blue house has been put on a permanent foundation, but the Building Official would have to determine if it was completed to code specifications. There is dirt on the northside of the house that can be seen from the road. This will be backfilled in along the house once the cement floor is poured. The County was looking at the scrap lumber that was in the rear pit area and thought this was fill. The Hammeses said this wood has been hauled onto the property to be cut into firewood. Armstrong explained to the Hammeses that they do not have a permit for a landfill. Mr. Hammes responded that no garbage or trash trucks come in, and it is not used as a landfill. Mayor Christ commented about the severe penalties for operating any kind of landfill without a permit. This would jeopardize any chance of renewing a mining permit. Councilman Moe cound not see any lumber or miscellaneous items when he drove down County Rd. 19. The only thing he could see was the mobilehome that is to be used for temporary storage. Councilman Graves felt they have, in general, done a good job in cleaning up their property and have complied with the requirements of their CUP. We are already more than half way through the year, we might as well formalize the CUP for 1987 and then in 1988 review the list of things that have to be accomplished or else the CUP will not be renewed. Councilwoman Armstrong requested a report from Jim McNamara to verify City Administrator Overby's follow-up letter because he is the code enforecment officer and suggested waiting two weeks for this report. Councilman Johnson sees progress, but asked about the mobile home being put on a foundation. Dorothy Lyons responded that the mobile home is a temporary storage building and does not need to be on a permanent foundation as stated in the February 3rd minutes. This building will be used until they build a pole barn, but there was no definite timeframe stated for the mobile homes to be removed. Dorothy added that they want clean fill and do not just take anything, which is entirely different from what people think. Armstrong commented on the fencing from the barn to the north, which is corrugated metal and painted white, has come down and is not what the Council had in mind as far as a barrier because it does not look good. She would like to see something put up that looks better or get something planted. Also the cars parked behind their house across the street are not licensed and do not look good from County Road 19 and would like the Hammeses to do something about that. Armstrong asked if they intended to take down the concrete block building on the fence around it, but they have been too busy with this other work that they have not been able to do anything. Armstrong felt progress has LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 9 been made, but she would feel better if Jim looked at the follow-up report by City Administrator Overby. She would vote against this motion for that reason. Graves felt that the Council should grant the Hammes CUP for the remainder of 1987, but wants some effort between Jim and the Hammes family to put together a plan to make their property presentable and have an agreement on it and make sure these items are completed before the end of the year or else their CUP will not be extended into 1988. M/S/P Graves/Moe - to approve the continuation of the Conditional Use Permit for Hammes Mining until December 31, 1987; contingent on Code Enforcement Officer Jim McNamara to come up with a compromise plan with the Hammes' and to make sure all code violations are in compliance by the end of the year. This plan, which should include a landscaping plan, will be submitted to the City Council to that -effect. (Motion carried 4-1<Armstrong>. 8. CITY ENGINEER'S REPORT A. 201 Program: Partial Payment #8, Widmer, Inc. Widmer, Inc. has requested $33,756.35 for work done on parts A-B-C of the 201 Project. This is the last partial payment and City Engineer Bohrer recommend approval. M/S/P Armstrong/Moe - to approve partial payment request number 8 to Widmer, Inc. in the amount of $33,756.35 for work done on parts A-B-C of the 201 Project. (Motion carried 5-0). 9. CITY ADMINISTRATOR'S REPORT A. Revised Purchasing Policy The City staff was asked to revise the existing purchasing policy, in order to deal with the 1986 Audit report recommendation on the City's use of purchase orders. City Administrator Overby presented a draft copy for the City Council's review. A question raised was to clarify guidelines when quotes are necessary and if sealed bids are mandatory when expenses are over $15,000. These questions will be answered when the purchasing policy is discussed with Finance Director Marilyn Banister on August 18th. M/S/P Graves/Armstrong - to table action on revising the purchasing policy until items are clarified on August 18th. (Motion carried 5-0) . B. Repair of Roof on Old City Hall This need wag nreRpn pd to the City co, �ne=1 en April ?� 87 and the only bid available at this time was from Superyor Contracting of Lake Elmo, Bernie Meyer for $2,885.00. LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 10 Deputy Clerk Mary Kueffner has called several roofing contractors since April in an attempt to get other bids. There has been no response from any of the contractors who were called. M/S/P Armstrong/Moe - to accept the bid from Bernie Meyer, Superyor Contracting of $2885.00 to repair the roof of the old City hall. (Motion carried 5-0). C. Policy on Striping of Local Streets Scotty Lyall has requested that the city reinstate its former practice of painting stripes down the centerline of local neighborhood streets, particularly in the Hidden Bay area because the street is very narrow and the overhang is dangerous. The City did stripe the streets in past years, but then discontinued the practice. Only the City's main collector streets are paint -striped. Dan Olinger estimated the cost to be $185 (between the paint and 1 hr. of County time) for striping of the Hidden Bay area. Councilman Graves would be in favor of striping and removal of the overhang on Hidden Bay becasue of the liability for personal injuries against the City for not maintaining the streets properly. Graves and Johnson suggested a petition be brought in indicating that the residents are in favor of this and would like to see something done. City Administrator Overby will report back at the next meeting on what the City policy is on whose reponsibility is it for removal of the overhang. The cost will be checked into and a survey will made on other residential streets throughout the City to see if there are other areas that would require the same type of attention. City Engineer Bohrer reported that usually local streets and 30 mph and below are not striped. Maybe with the width of the road and curbing would be enough to warrant striping. D. Firetruck Fire Chief Fran Pott reported that the chassis and body were ordered and the chassis has been delivered to Luverne Fire Apparatus in Luverne, MN where they will attach the fire body onto the chassis. As a result with conversations with Luverene Fire Apparatus, three change orders have been recommended which are: (1) extend front compartments 16" to 18" to pump panel and provide double doors in place of single doors--$950; (2) roll -out battery tray which includes moving air tank and all necessary replumbing--$315; (3) hinged aluminum treadplate cover for crosslay hose beds--$165. Luverne Fire Apparatus Company will still be the low bidder even with these changes. 7-7-87 from Luverne Fire Apparatus Company, Inc., as reported by Fire Chief Fran Pott; but not to exceed $1,430 total. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1987 PAGE 11 E. School Crossing Light Update City Administrator Overby had talked to School District Business Manager, Dan Parker, who said the school board is staying with their position that the original figure of $4,000 is the local share to be divided between the City and the school district. They thought this was a locked in estimate rather than a preliminary figure. City Engineer Bohrer reported that the plans and specs are done and are ready to be advertised. An electrical contractor will be the one who will bid the work. MnDOT will furnish the materials free -of -charge. Bohrer estimated the cost would be closer to $5000-$6000 total cost. - Councilman Johnson felt it should be pointed out the addition to the school has been approved with the assistance of the City and there are more students in the school and there is additional traffic which increases the urgency of this issue. - The consensus of the City Council was to have the City Administrator write a letter to the school district stating this is what has been done and impress upon them we are this close and all we need is their final answer to continue. M/S/P Graves/Moe - to adjourn the City Council meeting at 10:55 p.m. (Motion carried 5-0). 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 JULY 21, 1987 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: July 7, 1987 3. Claims 7:05 p.m. 4. Landfill Committee Update 7:15 p.m. 5. Update from Beeman Place, Debbie Sheets, Director 7:30 p.m. 6. PUBLIC HEARING: Proposed Grading, Gravel Based Construction and Bituminous Surfacing Improvements --47th Street (Keats to Kimbro) 8:15 p.m. 7. PLANNING, LAND USE & ZONING A. Preliminary Plat: Tartan Meadows 3rd Addition 8:35 p.m. B. Hammes Mining CUP Review 8:55 p.m. 8. CITY ENGINEER'S REPORT A. 201 Program: Partial Payment #8, Widmer Inc. 9:00 p.m. -----------------B R E A K ------------------------------ 9:05 p.m. 9. CITY ADMINISTRATOR'S REPORT A. Revised Purchasing Policy B. Repair of Roof on Old City Hall C. Policy on Stripping of Local Streets 10. Adjourn