HomeMy WebLinkAbout03-15-88 CCMSince we do not have time to discuss every point presented, it may
seem that decisions are preconceived. However, background information
is provided for the City Council on each agenda item in advance from
City Staff and appointed Commissions; and decisions are based on this
information and past experiences. In addition, some items may also
have been discussed at previous Council meetings. If you are aware of
information that hasn't been discussed, please fill out a "Request to
Appear Before the City Council" slip; or, if you came late, raise your
hand to be recognized. Comments that are pertinent are appreciated.
Items requiring excessive time may be continued to another meeting.
7:00 p.m
7:30 p.m.
8:00 p.m.
8:10 p.m
AGENDA
LAKE ELMO CITY COUNCIL
MARCH 15, 1988
MEETING CONVENES
1. Agenda
2. Minutes: March 1, 1988
3. Claims
4. Landfill Committee Report
5. 201 Project - City Engineer
a. Part B Change Orders #7 and #8
b. Final assessment role for 201 assessments
C. Response to concerns raised over off -site
systems.
6. Public Hearing to adopt new City Administrator's
job description.
7. City Engineer's Status Reports
a. 47th Street right-of-way
b. 43rd Street and Kimbro Avenue
C. Water tower alarms
d. State Aid Maintenance Funds
e. City-wide reporting cards
f. Cottage Grove Ravine Watershed
Management Plan
9:00----------------------Break--
9:10 8. City Atto.rney's Status Report/Section 32/33 Annexation
1
9. Fire Department's Annual Report
10. Community Television
11. Composting and Recycling Update
12. Adjourn regular meeting
13. Convene Executive Session
14. Adjourn Executive Session
LAKE ELMO CITY COUNCIL MINUTES "
l
MARCH 15, 1988
Mayor Christ called the City Council meeting to order at 7:00 p.m. in
the City Council chambers. Present: Christ, Armstrong, Johnson,
Graves, Moe, City Engineer Bohrer and Acting City Administrator
Kueffner.
1. Agenda
Add: 4. City Attorney's report, 5D. Appendix E, llb. Truck
Specifications. 11c. Joint Meeting with PZ and CC, EXECUTIVE SESSION
13b. 47th St. Right-of-way.
M/S/P Graves/Moe - to approve the March 15, 1988 City Council agenda
as amended. (Motion carried 5-0).
2. Minutes: March 1, 1988
M/S/P Moe/Johnson - to approve the March 1, 1988 City Council minutes
as amended. (See 7A. Public Hearing on Section 700). (Motion carried
4-0-1<Abstain: Graves>).
3. Claims
M/S/P Graves/Moe - to approve the March 15, 1988 Claims #89991 thru
#90044 as presented; excluding #90029 Pepin, Dayton, Herman. (Motion
carried 5-0).
4. Landfill Committee Report
Dan Novak brought up Attorney Chuck Dayton's bill which he felt was
ambiguous because it did not break down the cost based on the
assignment given. Dayton had told REAPP that he would do what he could
for a $1000 and based on that the Council authorized up to $1000.
But, in fact, it did cost $4236.62 which was much more than Dayton
ever anticipated. The document that the City Administrator sent to
Mr. Dayton was very explicit as to what tasks he would do for the
preliminary research and analysis, but it did not mention the City
Council approval of spending up to $1000. Dan added that it was very
clear in the council minutes that REAPP would pay all costs above
$1000.
Dan explained that no one asked Mr. Dayton what it would cost him to
attend and speak at the County's meeting. The Council authorized up
to $600 for Dayton to attend and speak at the County public meeting.
Dayton asked Todd and Dan if they wanted him to provide written
follow-up for input to the scoping decision which they agreed,
assuming this work would be part of the $600, but it was not. When
asked, Mr. Dayton stated that no one had communicated to him that the
city wanted to limit expenses on this activity.
After presenting the Council with a breakdown of Chuck Dayton's bill,
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 1988 PAGE 2
Dan informed the Council that another bill for $880.69 is forthcoming.
In this breakdown it showed that Dayton passed on a subcontracted
charge he incurred for Lexis Research for $680.94. Councilwoman
Armstrong felt the City was committed to Mr. Dayton for $1600 and we
have already paid him $881 so the City should pay him only the
difference. Rose felt Mr. Dayton was qualilfied and good at what he
does, but felt this was an exorbitant fee and she had no intentions of
authorizing payment of this bill. She passed on a comment that was
made to her regarding Dayton "if he was such an expert why did we have
to pay so much for research"?
In Dayton's defense, Dan made the Council aware that the Preliminary
Reserach Analysis report was an outstanding report and it defined all
options that were exercised. Dayton had donated twelve hours without
charge and excellent reviews have been received on Dayton's
presentation. REAPP was prepared to give the council a $1000 check.
Councilman Graves felt the City Attorney should review the
correspondence that has taken place and determine if we are liable for
this bill based on any promises, verbal or written, and make a
recommendation on how they should proceed. Councilman Johnson felt it
was appropriate for the City Attorney do the corresponding because he
was doing some of the preliminary negotiation for the City with Chuck
Dayton.
M/S/P Graves/Johnson - to pay Attorney Chuck Dayton the $1600 that was
committed, minus the $881.23,4"Tnm to attach the $1000 check from REAPP
and direct the City Attorney to look at any correspondence, verbal or
written, between the City or REAPP into limits that were placed on the
payment of funds for the cost of this project to the City and make a
recommendation on how the City should proceed. (Motion carried 5-0).
The Larkin Dancers will be giving a benefit concert on April 8th at
the Tartan Park school.
The Washington County Board is questionning "the wisdom of proceeding
with the process" which is based on Steve Keefe stating that we have
enough landfill capacity through the year 2010. Sally Evert wrote a
letter extending an invitation to him to appear at the Board Meeting
at 9:00 a.m. on March 22nd.
City Attorney's Report
According to Merriam's office, it was reported that the bill has
passed the Senate full -committee and waiting for a hearing in Finance.
On the House side an amendment to dismiss all the sites has not taken
place yet. However, it is actively being worked on by Merriam and
Nelson.
5. 201 Project - City Engineer
a. Part D Change Orders 07 and #8
Change Order #7
City Engineer, Larry Bohrer, reported that Change Order No. 7 is
i
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 1988 PAGE 3
necessary to construct one additional. monitoring well at the Oakland
School.
The approved plans and specifications called for three groundwater
monitoring wells at the Oakland School. The wells were to yield a
minimum of 2 gallons per minute of sampleable water. The top of the
well screens were to terminate at the top of the groundwater table.
Monitoring Wells No. 2 and 3 were successfully completed. Monitoring
Well No. 1 encountered tight clay at the groundwater table and would
not yield water at a sufficient rate to sample. Since Well No. 1 is
not sampleable, a new Well No. 4 must be constructed. A unit price
for Groundwater Monitoring Well is included in the original bid
proposal.
Construct groundwater monitoring well, 1 EA @$1,540.00 = $1,540.00
Change Order #8
Bohrer reported that Change Order No. 8 is necessary to add the Twin
Point Tavern back into the program.
The Twin Point Tavern was identified as having a need for improvement
in the Facilities Plan. Because most of the lot was parking lot, the
Tavern owner indicated that he would buy a portion of the adjacent
vacant lot for his drainfield. Construction plans were prepared
accordingly and were shown as Old Village Remote Site F on sheet 6 of
the Part D plan set. Shortly before bidding, the land purchase
negotiation fell through and the Tavern asked to be taken out of the
bidding package.
The Tavern owner has now reconsidered the use of his parking lot for
drainfield purposes. He had his own soil tests performed and a
suitable location was found. The purpose of this change order is to
construct a new septic system in a revised location. Unit prices for
each work item have been included in the original bid proposal.
Cost Summary: Subtotal Grant Eligible $12,255.50, Subtotal Grant
Ineligible $100..00 = Grand Total of This Change Order $12,355.50.
Councilwoman Armstrong explained that the Council pointed out to the
owner�ast summer)of Twin Point Tavern the benefits. They told him
.
this �s their last chance, but the Twin Point decided they didn't want
to be in it. It seemed to Rose, that we have turned other people down
at that point, and she hated to see him come back in after all this
has been decided. Bohrer explained that the assessment roll has been
recalculated with them in there. Without their participation it would
slightly decrease the assessments to other people because the fixed
costs are distr:buted over one more party.
Bohrer explained that the Twin Point Tavern was .in need in the very
begirting. It isn't like somebody decided now that they would come
forward and ask to be in the program. They were always in the
program.
Councilman Johnson asked can other failing systems be added if there
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 1988 PAGE 4
appears to be some contingency funds that the City may not use on its
j current 201 Program? Bohrer stated that any contingencie, funds left
over cannot be used to reduce the assessments to the property holders
or to allocate the money in a fund necessary to maintain for
eventual replacement of the systems. A grant is a reimbursement --we
would have to spend it to pay a contractor, etc., before we are
eligible to get reimbursed. It is not a lump of money the City gets,
but a cost reimbursement of eligible costs.
Councilman Graves, referring to the assessment roll, felt why should
they participate if it is going to cost them more than if an installer
did it on their own. The consensus of the Council was that the 201
Program should be closed and to continue on with the Public Hearing.
M/S/P Graves/Moe - to approve Change Order 7--additional monitoring
well at Oak -Land School and Change Order 8--addition of Twin Point
Tavern into the 201 Project, Part D. (Motion carried 5-0).
Councilwoman Armstrong did vote in favor of the motion, but had a
problem with letting the Twin Point Tavern coming back into the
program when they told the City they were not interested.
b. Final assessment role for 201 assessments
City Engineer, Larry Bohrer, provided an assessment roll which had
been proofread and corrections were made on it. The primary change
was the inclusion of the Twin Point Tavern. Bohrer recommended that
the Council approve the roll so it an be forwarded to Washington
County for the hearing.
M/S/P Graves/Moe - to approve the final assessment role for the 201
assessments and forward this onto Washington County for them to hold
the assessment hearing. (Motion carried 5-0).
c. Response to concerns raised over off -site systems
At the March 1, 1988 Council meeting, Ed Gorman appeared before the
Council to express his concerns over what he believed were problems
with the 201 Project and Old Village Remote Site D in particular. Mr.
Gorman reported standing water on the site, odorous conditions, and
the alarm lights coming on intermittently. A letter was written to
Mr. Gorman responding to his concerns.
Bohrer reported that this site, and all of the other sites, have been
monitored periodically by Tom Prew, TKDA project inspector; Dan
Olinger, Maintenance Foreman or City Engineer Bohrer, since December
31, 1987 when the City took over responsibility for the daily
operation of the system. The Contractor provides a one year warranty
on all material and workmanship.
To respond to Mr. Gorman's concerns, Tom Prew again inspected Remote D
on March 3 and again on March 9. In particular, Mr. Prew looked for
evidence of pipe failure or any other system malfunction. Based on
his inspections and their experience in start-up of these systems,
Remote Site D has functioned and continues to function as designed.
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 1988 PAGE 5
Comments on their findings are made in Larry Bohrer's letter dated
March 11, 1988 to the City Council.
Bohrer explained that with any mechanical equipment, there is a
certain period of troubleshooting and de -bugging and a period of time
when the maintenance personnel become familiar with new equipment and
methods. If any defects do appear, the Contractor will repair them
under the guarantee. If any ground settlement occur, which is not
uncommon after the first winter, they will be repaired as soon as
ground conditions permit.
Mr. Gorman was reminded that if he sees problems on this site it would
be better to contact the City Staff, rather than take pictures and
watch the site for a week, because the staff could help him in a more
timely fashion. Mr. Gorman replied that he would continue to monitor
this site and would call the City staff when needed.
d. Appendix E
Councilman Graves asked for Appendix E be brought up for
reconsideration to look into if the City water system was capable of
providing proper water flow. If the system is not capable and the
City requires businesses to put in a sprinkling system, would the City
be liable for not maintaining the water flow.
Councilman Johnson suggested if the square footage of the building was
such that the City main could not supply adequate waterflow they would
have to put in a secondary well backup system.
M/S/P Graves/Moe - to direct the City Engineer, with the cooperation
of the Building Official, to investigate the waterflow requirements to
satisfy Appendix E and to determine whether or not our water system
can meet these requirements. If it is determined it cannot, it should
be passed onto the City Attorney to find out if the City assumes some
liability if a business burns down that has been sprinkled because of
the existence of Appendix E. (Motion carried 5-0).
6. Public Hearing to adopt new City Administrator's Job Description
Since we have redone the City Administrator's job description which is
part of our city code, a public hearing is needed to formally adopt
this.
Mayor Christ opened up the public hearing at 8:15 p.m. in the City
Council chambers.
The Council discussed the following:
207.080 MEETINGS . Add: responsible for notification of public
hearings.
207.120 QUALIFICATIONS : Change: B. Should have five years of
government experience.
Add Supervise/Manager wherever there is Supervise
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 1988 PAGE 6
Mayor Christ closed the public hearing at 8:25 p.m.
M/S/P Graves/Moe - to adopt Ordinance 8016 amending Section 207 of the
Lake Elmo Municipal Code which defines in detail the duties of the
City Administrator and this Ordinance will be attached with the
Approved Minutes. (Motion carried 5-0).
7. City Engineer's Status Reports
a. 47th Street Right -of -Way
Gilbert Sullwold was offered $3,100 in accordance with the land
appraisal. Mr. Sullwold's attorney stated that Mr. Sullwold will
either accept the City's offer or make a counter-offer prior to the
April 5th Council meeting.
b. 43rd Street and Kimbro Avenue
The Metropolitan Council has approved the Transportation Plan
amendment to the City's Comprehensive Plan which designates 43rd and
Kimbro as a collector street. Larry pointed out that the District
State Aid Engineer denied the City's request for MSA designation
because 43rd and Kimbro was not classified as a collector in the
Comprehensive Plan. With this Plan Amendment, Larry will re -submit
our application for MSA designation to the District State Aid
Engineer.
c. Water Tower Alarms
Specifications have been formulated and bids should be available for
the next Council meeting.
d. State Aid Maintenance Funds
In an effort to reduce the City's State Aid Construction Account to
the non -penalty level, the City requested the maximum maintenance
allocation of $35,652 for 1988. The Maintenance Foreman and Larry
Bohrer will be returning to the Council in the near future with a list
of proposed maintenance expenditures on the State Aid System. Some of
the projects they have discussed are:
A.
Klondike and 33rd Street
Overlay, ditching, tree removal
B.
20th Street
Patch and overlay
C.
Lake Jane Trail
Patch and overlay
D.
45th, Julep, 47th & Keats
Shouldering
E.
47th Street
Tree trimming at Ed Stevens'
F.
33rd and Klondike at RR
Stop sign replacement
G.
Traffic Counting
All MSA routes
H.
Striping
All MSA routes
e. City-wide Reporting Cards
On March 2, 1988, Deputy Clerk Kueffner, Building Official Jim
McNamara, and City Engineer Bohrer met with the licensed septic tank
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 1988 PAGE 7
pumpers to discuss initiation of a City-wide reporting card system.
Four of the six pumpers currently operating in the City were in
attendance along with Councilman Moe. The results of the meeting were
as follows:
a. A city-wide reporting card system is a good idea.
Cottage Grove already does this and it may become
Metro -wide in the future.
b. Self -inspection, as allowed by Cottage Grove, is
not effective. Either the homeowner does not do it
at all or does it incorrectly. It is better to make
pumping mandatory every two years.
C. Reporting cards and a reminder letter should be
sent to residents evey two years.
d. It is the homeowners's responsibility to return the
card after the tank has been pumped.
The City Council felt it should be the pumpers responsibilty to return
the cards and asked this to be changed for the April 5th public
hearing.
e. Licensed pumpers will also carry a supply of cards
for those homeowners who have lost their cards or
pump more frequently than every two years. The
pumper will be responsible for mailing any pumper
furnished cards.
f. Mailing should be staggered throughout the year
to prevent peak demands on pumpers.
g. The City should enforce pumping violations within
the City, primarily operation of unlicensed pumpers.
I. Cottage Grove Ravine Watershed Management Plan
City Engineer Larry Bohrer received the draft Watershed Management
Plan, dated January, 1988 and draft sections of the Executive Summary,
Hydrologic System, Management Plan, and Appendix C on February 11,
1988. A review of these documents have been made according to the
guidelines established by the Council. Larry's comments, numbered
1-5, are made in his letter to the Council dated March 15, 1988.
Bohrer recommended that the City should pass on comments numbered 1
and 4, but reserve comment on numbers 3 and 5 until the City's Local
Plan is completed next month.
M/S/P Graves/Moe - to direct Larry Bohrer to pass on his comments on
the Preliminary Watershed Management Plan, Cottage Grove Ravine
Watershed, numbered 1 and 4 as stated in his letter of March 15, 1988.
(Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 1988 PAGE 8
8. City Attorney's Status Report/Section 32/33 Annexation
Attorney Steve Carlson presented a resolution for the City of Lake
Elmo regarding the Detachment of Part of Section 32. The staff was
directed to gather such evidence as is necessary to oppose said
petition and appear and represent the City of Lake Elmo at the
Municipal Board hearing scheduled for March 29, 1988 at 10:00 a.m. in
the City Council chambers.
M/S/P Graves/Moe - to adopt Resolution 88-17 regarding the detachment
of part of Section 32 as submitted by the City Attorney. (Motion
carried 5-0).
9. Fire Department's Annual Report
Fire Chief Pott was not present to discuss his Anuual Report. In his
report he stated that Lake Elmo has a well -trained, properly equipped
and enthusiastic department that is ready and qualified to deal with
the emergency calls in the City.
During 1987 the Department: established a substation at 4059 Jamaca
Avenue; planned parking lot at Station #1 to accommodate ball
tournament parking; continued to emphasize training; and finalized the
specifications and purchased the tanker in the 1987 capital plan. In
1987 there were 202 calls: 89 fire, 67 rescue and 46 medical with
2,269 responses.
The Department intends to accomplish the following during 1988:
recruit new members; implement plan for parking lot at Station #1 to
accommodate all tournament parking; and specify and purchase a
Personnel Carrier per capital plan.
Fran felt the Department has had excellent support from the City and
the Community for its official and social functions and the Lake Elmo
Fire Department's personnel are committed to doing their part to
maintain that environment in 1988.
M/S/P Armstrong/Moe - to accept the Fire Department's Annual Report;
but leaving open for Fire Chief Pott to verbally present this report
at a future date if he cares to. (Motion carried 5-0>
10. Community Television
When the City of Lake Elmo entered into the Joint Powers Agreement for
cable service, one of the stipulations with the cable company was that
the city's involved in this joint powers agreement would be reimbursed
a "users fee" for allowing the cable company the use of our telephone
poles/utility poles.
One of the options offered to the city is to be able to send out what
is called "character messages". These are messages that appear on
your television screen (to Lake Elmo residents with cable only) from a
computer system in the city office. These messages can be anything
from city council/planning commission agendas to Huff & Puff
announcements, fire department activities, recycling, composting etc.
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 1988 PAGE 9
As of March 14, there are 517 households in Lake Elmo that subscribe
to cable.
This computer system is being offered free of charge to the City of
Lake Elmo. The only stipulation in accepting the equipment is that it
is used within one year. If it is not used, it will have to be
returned to the supplier. Our application for this equipment must be
made by March 31st, and we should have the equipment and be ready to
start-up before June 1, 1988.
M/S/P Armstrong/Graves - to authorize the city staff to make
application for the grant which will provide this equipment. (Motion
carried 5-0).
11. a. Composting and Recycling Update
Mary Kueffner reported on our compost site for 1987--we collected over
2100 yards which amounts to 252 tons. A memo was provided from
Washington County regarding 1988's composting program. The County has
offered to pay additional monies to the City to keep the site open
longer thru the Summer.
Mary suggested that we offer the weekend monitoring to Boy Scout Troop
81 and hire a monitor to be at the site at all times as we did last
year. -Junker Sanitation has again agreed to pay $2 per yard plus
one-half of the full-time monitor's wage. She has had a few other
inquiries from waste -haulers about using the site and hopefully we
will be able to have enough money from this to pay for our
recycling --when the time comes that the city will have to pay.
Mary reported the participation rate for our first recycling day(s) as
follows:
North of, and including Highway
South of Highway 5: 146 stops =
A total of 5.4 tons of newspaper
collected.
5: 98 stops = 11.5%
12.70
and 0.77 tons of glass and cans were
M/S/P Moe/Graves - to enter into an agreement for yard waste
composting with Washington County as outlined in the 1988 Memorandum
of Agreement for Yard Waste Composting. (Motion carried 5-0).
M/S/P Graves/Moe - to renew the contract with Junker Sanitation for
use of the Lake Elmo Compost Site for the deposit of uncontaminated
leaves and grass clippings, at a rate of $2 per yard with Junker
Sanitation paying one-half of the full-time monitor's wage. (Motion
carried 5-0).
b. Bids for Maintenance Truck
Councilman Graves was contacted by an individual that had seen the bid
specifications on the new maintenance department pickup truck.
Specifications were requested for cruise control, two large fuel
tanks, AM/FM radio, deluxe appearance group, extended cab, speed
control, and higher than standard interior accommodations. The Council
LAKE ELMO CITY COUNCIL MINUTES MARCH 15, 1988 PAGE 10
felt these specs are more than what is needed and asked that the bids
be pulled back. At this time the Council has not determined a need for
the truck, but had approved the submittal of specifications.
M/S/P Graves/Moe - to direct the City Staff to pull back the truck
bids and have the City Council review the specifications on the truck
before the bid is submitted. (Motion carried 5-0).
The Council directed the Staff to look into the procedure that was
just adopted if there was a review process required by the City
Administrator or City Council for bid specifications.
c. Joint Meeting with Planning Commission
The Council decided that it would be appropriate for the Planning
-? Commission to come before the Council with their Comprehensive Plan
draft. Chairman DeLapp felt the plan would be ready for the April
19th City Council meeting.
M/S/P Graves/Moe - to adjourn the City Council meeting at 9:23 p.m.
(Motion carried 5-0).
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