HomeMy WebLinkAbout10-06-87 CCMLAKE ELMO CITY COUNCIL MINUTES
OCTOBER 6, 1987
Mayor Christ called the City Council meeting to order at 7:05 p.m. in
the City Council chambers. Present: Christ, Johnson, Armstrong,
Graves, Moe, City Engineer Bohrer, City Attorney Knaak and City
Administrator Overby.
1. Agenda
Add: 7C. Shoreland Permit for Earl Goerss, 9C. Acceptance of EPA
Grant Amendment, 10A. Section 32-33
M/S/P Graves/Moe - to approve the agenda for the October 6, 1987 City
Council meeting as amended. (Motion carried 5-0).
2. Minutes: September 15, 1987
M/S/P Armstrong/Johnson - to approve the September 15, 1987 City
Council minutes as amended (See page 8, 6D. Presentation by Section
32-33 Landowners). (Motion carried 5-0).
3. Claims
City Assessor Frank Langer requested payment of the 1988 Lake Elmo
Assessment to be distributed in eight payments begining in October
1987 and ending in May 1988. Langer would like payments of $1100
(Claim #89338) for October thru April and the final payment in May to
be based on the parcel count as of January 2, 1988 at $4.23 per parcel
which is 10% below the county rate. Finance Director Marilyn Banister
had no problem from the accounting section because this would be
considered a prepaid expense on our 1987 books.
In April of 1986, the Parks Commission recommended that Lake Elmo sell
cross-country ski licenses at the City Hall. The City Council decided
on 4-15-86 "to approve the sale of cross-country ski licenses at City
Hall on a one year trial basis." The City makes out an application
with the County and purchases books of ski passes. Types of passes
include:
Individual - $1.00 + .50 fee
Combination - $7.00 + .50 fee
Daily - $1.00 + .50 fee
City Administrator Overby proposed purchasing 5 books of each type of
ski pass so that we start out with 50 passes in each category. Total
cost paid by the City to the County - $675.00. The City Council
recommended approval of Claim #89337 for up to $675 contingent on the
approval of this purchase by Lake Elmo Parks Chairman Nancy Hansen and
Mike Pohlena from Washington County.
raves Moe - to approve the October 6, 1987 City Council claims
#89284 thru #89353 as amended. (Motion carried 5-0).
LAKE ELMO CITY COOUNCIL MINUTES OCTOBER 6, 1987 PAGE 2
4. Landfill Committee Report
Dan Novak informed the Council that the Citizens Advisory Committee
has incorporated and is now officially known as Recycle and Preserve
Parks, REAPP. The Committee has erected the sign at the entrance to
the Regional Park.
The Committee has received the legal response from the Metro Council
on the Federal HUD monies, the State LCMR monies and the covenants.
Copies were given to each City Council member. Novak summarized if
Peter Bachman's interpretation of these issues are correct, the only
option that is left for opposing this is the EAW/EIS Statement.
5. Public Inqujiries
A. Request for Stop Sign at 27th St. & Ironwood Avenue
A petition was submitted to the City Council by residents of Tablyn
Park to authorize the installation of a stop sign on 27th St. North on
the northeast corner of the intersection with Ironwood Trail. This is
a T-intersection, with 27th Street being the through movement, and
Ironwood terminating at 27th Street.
The residents felt the stop sign was necessary because the drivers
going west on 28th come up the hill and around a curve just before
reaching the top of the hill. They accelerate to get up the hill; but
when the road levels, they do not let up on the gas pedal. This
creates a hazardous situation for these cars coming onto 27th from
Ironwood and even more so for those backing out onto 27th from their
driveways.
Cars are not visible until about 150 feet from the intersection
because of the sharp curve and the hill. This does not allow enough
time to safely back out of a driveway, nor to stop at the stop sign on
Ironwood, turn the corner, and get up enough speed before a car is on
your bumper or passing you.
Also noted was the many grade school children in the neighborhood,
either walking or riding bikes; and traffic coming up the hill and
around a curve even at the legal 30 mph presents a danger to the
children, and all other pedestrians and bike riders.
City Engineer Bohrer stated that he has viewed the intersection and at
the time of his observation, there did not appear to be excessive
speed or any impairment in sight distance. Bohrer stated his concern
about placing a stop sign on a through street to control speed because
gradually people will ignore this sign and it could be a potential for
accidents.
The City Council took this under consideration, but due to the fact
that most of the trips would be local trips they decided to make the
following motion.
M/S/P Moe/Graves - to approve a 3-way stop sign at the T-intersection
and to erect speed limit signs. (Motion carried 5-0).
LAKE ELMO CITY COOUNCIL MINUTES OCTOBER 6, 1987 PAGE 3
B. Eden Park Area Residents - Drainage Questions
The Eden Park residents have submitted a letter to the City Council in
which they are asking for a review of several past items related to
drainage and ponding in the Eden Park Addition. Allen Dornfeld of the
VBWD told the homeowners that this area is in the budget for further
study in 1988. The City Council referred the matter to the City staff
for a response at the November 3rd City Council meeting.
6. Valley Branch Watershed District Pumping Project:
Sunfish Lake to City Park Pond.
The Valley Branch is requesting City approval to implement a temporary
pumping project to lower the elevation of Sunfish Lake 6.23 feet, from
902.63 (Aug 31) to 896.3. They plan to do this by using a portable
electic pump, powered by a diesel generator, to move water from
Sunfish Lake to City Park Pond. The pumping project would allow
landowners to reclaim some of the shoreland and cut down and remove
dead trees and stumps which are now underwater. The Council indicated
it favors the project, but their concern centered around the maximum
elevation to which City Park Pond would be raised before it would
affect cross-country ski trails. Also, water pipes could cause
problems for the grooming machine on the trails. Water and ice levels
that rise and fall on or near the trails are another concern.
Councilman Johnson called for some kind of compromise that would allow
the pumping project but would minimize damage to the ski trails.
(Amended 10-'LO-87)'
M/S/P Graves/Johnson - to approve the Watershed District's request
subject to the provision that the elevation on City Park Pond will not
exceed 906.0'. (Motion carried 5-0).
7. PLANNING, LAND USE & ZONING
A. PUBLIC HEARING: Vacation of an Existing Walkway Easement,
Reservation of Various Drainage, Drainage/Walkway Easements;
11011 Stillwater Blvd., Edward Gorman
Mayor Christ called the public hearing to order at 8:28 p.m. in the
City Council chambers.
Ed Gorman has received previous Council approval to relocate a
drainage ditch that crosses his property. The drainage ditch has been
relocated to run adjacent to an existing bituminous walkway easement.
The purpose of this public hearing is to gain the public's input on
the vacation of the existing walkway easement and the acceptance of a
combined walkway and drainage easement from Mr. Gormnan. No one from
the public appeared to speak on this issue.
Mayor Christ closed the public hearing at 8:31 p.m.
M/S/P Johnson/Armstrong - to adopt Resolution 87-51 approving the
request of Edward Gorman to vacate an existing walkway easement across
his property located at and adjacent to the White Hat Restaurant,
Amendment to 6. VBWD: The reason to protect the ski trails was becasue of the money
invested by the Parks Cmrnission and the City ($1000 ea) and the number of volunteer
time to work on and restore the trails.
LAKE ELMO CITY COOUNCIL MINUTES OCTOBER 6, 1987 PAGE 4
11011 Stillwater Blvd., and to dedicate to the City in lieu thereof,
new walkway and drainage easements to provide for the relocation of an
existing drainage ditch on said property . The specific descriptions
of the easements to be vacated and the easements to be dedicated are
stated in Exhibit A. (Motion carried 5-0).
B. Shoreland Permit to Allow Expansion of Home at
8028 Hill Trial N., Patrick E. Dean
Pat Dean, 8028 Hill Trail N., was requesting a shoreland permit to add
a second story to his existing home. There are no variances involved
and the number of bedrooms will not be increased. The existing septic
system has been inspected and was found to be functioning properly.
The DNR responded verbally to this shoreland permit request stating
they had no concerns with Mr. Dean's proposal.
M/S/P Moe/Graves - to grant a shoreland permit for the addition of a
second story to the existing home for Patrick Dean at 8028 Hill Trail
North. (Motion carried 5-0).
C. Shoreland Permit for construction of a garage at
2641 Lake Elmo Avenue for Earl Goerss
Earl Goerss proposed to add on a garage to the existing house. The
parcel on which this house is located consists of 40 acres and is in
the Rural Residential zoning district. There are several accessory
structures already on the property, but these structures were there
long before Lake Elmo adopted its code. The proposed garage will be
attached to the existing house so they will not be incressing any
non -conformity that may exist by granting this shoreland permit. No
variances are needed nor does the addition of the garage affect the
septic system. The DNR had no problem with this application.
M/S/P Armstrong/Graves - to grant a shoreland permit to Earl Goerss,
2641 Lake Elmo Avenue, for the construction of a 26 x 40 garage which
will be attached to the existing house. (Motion carried 5-0).
8. CITY ADMINISTRATOR'S REPORT
A. PUBLIC HEARING: Proposed 1988 City Budget
B. Discussion with City Staff on 1988 Pay Plan
C. Adoption of 1988 CIty Budget
Mayor Christ opened up the public hearing at 8:39 p.m. in the City
Council chambers.
Bill Woodworth asked what impact would there be on the 1989 Budget if
Section 32 and 33 would develop commercially. Mayor Christ responded
that it was too early to speculate on the impact.
Todd Williams asked the Council if they would allocate funds for
expenses ineurred in f±yhtiny the proposed hake Etmo Reytonal Park
Reserve landfill. Councilman Moe responded that there was no money
allocated at this time except what may be available in reserve funds.
LAKE ELMO CITY COOUNCIL MINUTES OCTOBER 6, 1987 PAGE 5
Hugh Madson asked about the status of the reserves and if there was
money to build a new water system for the Old Village. Finance
Director Marilyn Banister responded that there was a healthy reserve,
but there was not enough money to build a new water system.
Mayor Christ closed the public hearing at 8:52 p.m.
There was some discussion on a change in the fee structure to offset
administrative costs and engineering fees. Mayor Christ and
Councilwoman Armstrong said they would like to see the mill levy fixed
at 13.5 or 13.6. Councilman Graves said he was in favor of keeping the
mill levy down, but to hold the rate at 13.5)there would have to be
spending cuts. Councilman Johnson suggested a mill rate cap of 13.9
and made the following motion:
M/S/P Johnson/Graves - to adopt Resolution 87-50 approving a budget
not to exceed a mill rate of 13.9 mills. (Motion carried 5-0).
Mayor Christ will meet with the City employees to discuss the 1988 Pay
Plan.
D. Fire Dept. - Hazardous Materials Requirements
Fire Chief Fran Pott updated the Council on the new requirements that
are being put on the fire department in regard to hazardous materials.
Federal law which mandates these things took effect in March, 1987.
The three general points were as follows:
1. 24 hours training per year required for each volunteer fireman.
2. An organizational plan for the Fire Dept.
3. Personnel file with medical records for each volunteer fireman.
Chief Pott found this record keeping overwhelming and becoming a
problem. He asked the Council to consider hiring a temporary worker
to do clerical work 1/2 day a week and up to 2 days a week. City
Administrator Overby will meet with Chief Pott and Building Official
Jim McNamara to discuss possible solutions.
E. ISD 834 Community Education Representative
Earlier this year the City Council selected Bob Ritzer to serve as
Lake Elmo's regular representative to this committee with Nancy Hansen
as the alternate representative. Mr. Ritzer has resigned his position
and Nancy Hansen will move up to the position of regular
representative. If an alternate representative is needed, Nancy
Hansen has a parks member that is interested.
M/S/P Moe/Graves - to accept Bob Ritzer's resigation and appoint Nancy
Hansen as Lake Elmo's representative to the ISD 834 Community
LAKE ELMO CITY COOUNCIL MINUTES OCTOBER 6, 1987 PAGE 6
F. Maintenance Dept. - Wastewater Treatment Technology Seminar
Dan Olinger and Mike Bouthilet need to attend another training seminar
for the City's 201 system maintenance in order to maintain their
qualification rating with the MN Pollution Control Agency.
Maintenance Foreman Olinger requested the Grand Rapids date of October
20-21-22, 1987, as this would be least likely to be affected by
possible snowplow needs. The seminar cost is $60.00 per person and
$48.00 per night lodging, double occupancy, for three nights.
M/S/P Moe/Graves - to authorize Dan Olinger and Mike Bouthilet to
attend the wastewater treatment technology Seminar on October
20-21-22, 1987 in Grand Rapids, MN at a cost of $60.00 per person and
$48.00 per night lodging for three nights. (Motion carred 5-0).
G. City Office Equipment
There is a shortage of work and and storage space in the office area.
There was some space left in the storage room which should be saved
for things that are not used daily in the office.
Deputy Clerk Mary Kueffner got a price ($1100) from Builders Square
for a 12 foot island for a work/storage area which would come
completely finished, including the counter top.
M/S/P Moe/Graves - to approve spending up to $1100 for a work/storage
area for the City Hall. (Motion carried 5-0).
H. MnDOT Right -of -Way Property Update
In August, the City Council agreed to make an offer to MnDOT of $2,000
per acre for the 7.2 acres of surplus highway right-of-way (parcel 16)
at Ideal Avenue and 4th Street.
MnDOT's response letter of 9-17-87 was enclosed for the Council's
review. City Administrator Overby interpreted the letter to say that
the property would not be reconveyed to the City at the $2,000/acre
price -unless no other buyers are willing to pay the "highest and best
use" appraised value (about $150,000).
The City staff will respond to MnDOT that the City will stand by its
original offer for parcels 16, 22 and 23.
9. CITY ENGINEER'S REPORT
A. Escrow Reductions: Lake Elmo Heights 2nd Addition;
Springborn's Green Acres 2nd Addition.
City Engineer Bohrer reported that the bituminous surfacing for Lake
Elmo Heights 2nd Addition is complete. The Developer has requested a
partial escrow release to pay for this work. The only remaining work
in the amount of $48,064.81. A summary of the escrow account is as
follows:
LAKE ELMO CITY COOUNCIL MINUTES OCTOBER 6, 1987 PAGE 7
Original Escrow per Developer's Agreement $121,967.81
Release #1 -$ 65,053.00
Amount of this Release -$ 48,064.81
Remaining Balance $ 8,850.00
M/S/P Graves/Moe - to approve the partial escrow release #2 for Lake
Elmo Heights 2nd Addition in the amount of $48,064.81. (Motion
carried 5-0).
City Engineer Bohrer reported that the grading, gravel base and storm
sewer for Springborn's Green Acres 2nd Addition is complete. The
Developer has requested a partial escrow be released to pay for this
work. Bohrer recommended that the escrow released in the amount of
$43,125.00. A summary of the escrow account is as follows:
Original Escrow per Developer's Agreement $ 62,500.00
Amount of this releasae $ 43,125.00
Remaining Balance $ 19,375.00
M/S/P Moe/Graves - to approve the partial escrow release #1 for
Springborn's Green Acres 2nd Addition in the amount of $43,125.00.
(Motion carried 5-0).
B. 201 Project, Part D Change Orders No. 1 & No. 2
City Engineer Bohrer rported that Part D improvements are progressing
satisfactorily. However, two changes to the contract have become
necessary. Bohrer has prepared change orders for the work which were
attached for the Council's review.
Chance Order No. 1
After consultation with MPCA, Bohrer felt the relocation of two of the
monitoring wells for the Oakland School site will provide more
accurate groundwater information. The purpose of this change order is
to relocate two wells form school property to the east side of Manning
Avenue. There is no extra charge for this work, but since it is a
change to the plan, a change order is recommended.
Change Order No. 2
City Engineer Bohrer had previously reported to the Council that the
easement from Brian Dennis on 34th Street for Old Village Remote D was
not economically obtainable. The City appraised the value at $2,500.
Mr. Dennis was asking $20,000-$30,000. Bohrer advised the Council
that the easement could be avoided using different construction
techniques. On that basis, the City dismissed the condemnation
proceedings against Mr. Dennis. The purpose for this change order is
to pay the Contractor for the additional materials necessary to avoid
Mr. Dennis' property. This work amounted to shifting a portion of the
sanitary sewer in 34th Street farther south and closer to the inplace
watermain. This shift used the addition of one manhole and the
installation of 360 feet of a pressure rated pipe in lieu of the
LAKE ELMO CITY COOUNCIL MINUTES OCTOBER 6, 1987 PAGE 8
standard sewer pipe. Value of this Change Order = +$1,216.80.
M/S/P Moe/Graves - to approve Change Order Nos. 1 and 2 for Part D of
the 201 Project. (Motion carried 5-0).
C. 201 Project -- Acceptance of EPA Grant Amendment and Response
to the 1986 Single Audit Finding
City Administrator Overby reported that the City had received official
notification from the Chicago Regional Office of EPA that the City's
Grant Amendment (increase) of $1,241,850 has been approved.
M/S/P Armstrong/Moe - to accept the 201 Project grant increase of
$1,241,850 in federal funding and approve returning two copies of the
Amendment 1, signed by the City Administrator to the Chicago office of
EPA. (Motion carried 5-0)
The EPA Office of Inspector General has reviewed the City of Lake
Elmo's single audit for 1986. The EPA notes in its letter of 7-28-87
that one of the audit findings pointed out that the City does not
maintain complete accounting controls over quantities and costs of
general fixed assets. The City staff will inform EPA of the
corrective action the City plans to take to resolve this audit
finding.
D. Section 32 & 33
Mayor Christ informed the Council that he has had some discussion with
Oakdale Mayor Hudalla and City Administrator Mattson on possible
provision of water service to Sections 32-33, possible trade of sewer
service connection for Oakdale, and possible land trade with Oakdale
if Lake Elmo decides to go along with annexation to Oakdale.
Mayor Christ felt that the City Council should be the group which
analyses the economic development financing options and impacts on the
City, rather than allow a citizen's committe to go off and do things
on their own. He added that the financial decisions to be made are so
important that he asked the Council not to relegate responsibility.
Councilman Johnson indicated that the subject needed public input and
the committee was a good way to do that. The final decision would be
the Council's responsibility.
Councilman Graves would like to get some numbers and see some facts
that would give the Council something concrete to discuss.
The City will continue to accept applications for that committee.
City Attorney Knaak had stated there was a court decision stating that annexation
cannot be allowed if the City does not approve it.
City of Brooklyn Park 305 Northwest Second 596 appears to preclude abutting
som sewer or municipal services on a come i ive base By encouraging
annexation procedures.
LAKE ELMO CITY COOUNCIL MINUTES OCTOBER 6, 1987 PAGE 9
Mayor Christ also told the council that he has been approached by
someone who is interested in purchasing about 160 acres east of Helmo
Avenue, north of 4th Street and South of loth Street for a harness
racing track. He asked if the Council would be open to hearing a
proposal of that nature for the area. The Council indicated that they
would like the project representative to come in and talk about it.
They felt that the right project and the right development could be
possible without all the needed incentives asked for by others.
M/S/P Moe/Graves - to adjourn the City Council meeting at 10:50 p.m.
(Motion carried 5-0).
Resolutions:
87-50 approving a budget not to exceed a mill rate of 13.9 mills.
87-51 approving the request of Edward Gorman to vacate an existing
walkway easement across his property located at and adjacent
to the White Hat Restaurant
Since we do not have time to discuss every point presented, it may seem
that decisions are preconceived. However, background information is
provided for the City Council on each agenda item in advance from City
Staff and appointed Commissions; and decisions are based on this
information and past experiences. In addition, some items may also have
been discussed at previous Council meetings. If you are aware of
information that hasn't been discussed, please fill out a "Request to
Appear Before the City Council" slip; or, if you came late, raise your
hand to be recognized. Comments that are pertinent are appreciated.
Items requiring excessive time may be continued to another meeting.
AGENDA
LAKE ELMO CITY COUNCIL
OCTOBER 6, 1987
7:00 p.m. MEETING CONVENES
1. Agenda
2. Minutes: September 15, 1987
3. Claims
7:05 p.m. 4. Landfill Committee Report
7:15 p.m. 5. Public Inquiries
A. Request for Stop Sign at 27th St. & Ironwood Ave.
B. Eden Park Area Residents - Drainage Questions
7:30 p.m. 6. Valley Branch Watershed District Pumping Project:
Sunfish Lake to City Park Pond
7. PLANNING, LAND USE & ZONING
8:00 p.m. A. PUBLIC HEARING: Vacation of an Existing Walkway
Easement, Reservation of Various Drainage,
Drainage/Walkway Easements; 11011 Stillwater Blvd.
Edward Gorman
8:15 p.m. B. Shoreland Permit to Allow Expansion of Home at
8028 Hill Trail N., Patrick E. Dean
8. CITY ADMINISTRATOR'S REPORT
8:30 p.m. A. PUBLIC HEARING: Proposed 1988 City Budget
B. Discussion with City Staff on 1988 Pay Plan
C. Adoption of 1988 City Budget
9:00 p.m. - - - - - - - - -B R E A K- - - - - - - - - - - - - - -
9:05 p.m. D. Fire Dept. - Hazardous Materials Requirements
E. ISD 834 Community Education Representative
F. Maint. Dept. -Wastewater Treatment Technology
Seminar
G. City Office Equipment
H. MnDOT Right -of -Way Property Update
9. CITY ENGINEER'S REPORT
A. Escrow Reductions: Lake Elmo Heights 2nd
Addition; Springborn's Green Acres 2nd Addition.
B. 201 Project, Part D Change Orders No. 1 & No. 2
10. Other Business
11. Adjourn Regular Session
12. Executive Session: CITY ATTORNEY'S REPORT