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HomeMy WebLinkAbout08-16-88 CCMLAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 Mayor Arlyn Christ called the City Council meeting to order at 7:00 p.m. in the City Council chambers. Present: Christ, Johnson (arrived 7:07 P.M.), Armstrong, Moe, TKDA Engineer Tom Prew, City Attorney Knaak and City Administrator Morrison. Absent: Councilman Graves 1. Agenda REAPP requested their update (Item 5.) be moved before Item 10. Delete: Public Inquiries M/S/P Armstrong/Moe -- to approve the August 16, 1988 City Council agenda as amended. (Motion carried 3-0). 2. Minutes: August 2, 1.988 M/S/P Armstrong/Christ - to approve the August 2, 1988 City Council minutes as amended. (See 6A. Preliminary Plat, F.J. Crombie 2nd Addition) (Motion carried 3-0-1<Abstain: Moe>). 3. Claims: M/S/P Armstrong/Moe - to approve the August 16, 1988 Claims #90627 thru #90686 as presented. (Motion carried 3-0). 4. Public Inquiries Public Inquiries are on the agenda, the first City Council meeting of the month. 5. UPDATE: Proposed Lake Elmo Regional Landfill (Dan Novak/Todd Williams) Todd Williams presented City Administrator Morrison with a letter regarding the fact that REAPP would not have access to the copier because of the key situation of City Hall. Todd reported that the documentary video of what our park would look like if the dump goes in was well received at the County Fair. Another 1500+ signatures were received on the petition to be presented to the Washington County Board of Commissioners asking that the protective covenants that now exist --which stated that the Lake Elmo Park Reserve shall remain parkland forever, not be broken. REAPP also obtained all the County Commissioners and the candidates to state, in public, that they favor upholding the covenants; excluding Don Scheel who refused to comment. The County Board will meet August 23rd at 9 a.m. to approve the scoping decision. City Administrator Morrison reported that Attorney Dayton will attend this meeting and that Councilman Johnson had suggested a cap of $700. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 PAGE 2 There will be a tour of the RDF Plant in Newport, Thursday, August 18th at 10 a.m. 6. PLANNING/ZONING/LAND USE A. PUBLIC HEARING: Variance from Lot Size Sally Ziebell, 10572 43rd St. N. Mayor Arlyn Christ opened up the public hearing at 7:32 in the City Council chambers. There was no one to speak for or against the variance request. City Engineer Bohrer reported in his letter, dated August 11, 1988, that the right -of -•way acquisition for the 43rd Street and Kimbro Avenue construction project will require the taking of approximately two acres of land and the house from Sally Zibell. Appraisal on the land and house are almost complete and an offer will be made soon. The appraisal assumes that the remaining land after the taking will be considered buildable for valuation purposes. The lot prior to the taking is 5.09 acres and includes one-half of 43rd Street and all of Ki.mbro Avenue right-of-way within its boundaries. The lot after the taking will be approximately 2.88 acres and will not include any road encroachments. The zoning is Rural Residential which requires 10 acres lot size without a variance. The applicant has applied for a lot size variance so as to construct a replacement home on the remaining 2.88 acres. Bohrer recommended that this variance be granted because the hardship was created by the City project. Mayor Christ closed the public hearing at 7:35 p.m. M/S/P Armstrong/Johnson - to approve a lot size variance for Sally A. Zibell, 10572 43rd St. N., to construct a single family dwelling on a 2.88 acre parcel of land in the Rural Residential zoning district based on the hardship created by the City Project; no new lot is being created and the overall density of the neighborhood is not changed. (Motion carried 4-0). B. PUBLIC HEARING: Shoreland Permit/Variance Joseph Kiesling, 9359 Jane Rd. N. Mayor Christ opened up the public hearing at 7:36 p.m. in the City Council chambers. The representative for Joseph P. Kiesling stated Mr. Kiesling has applied for a variance to the setback requirements from the Ordinary High water Mark/100 foot flood elevation, and a shoreland permit for the construction of a 24' x 34' (816 square feet) double garage and advised that the applicant did not have a hardship. This lot was previously owned by David Keane. The Keane's abandoned their home when Lake Jane was at its all-time high. In September, 1987, after the implementation of the 509 Plan, the Keane's were before the Council LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 PAGE 3 asking for permission to raise the existing house and attached garage above the 100 year flood level. The Keane's were granted permission to fill 35 feet out into the lake bed. The Keane's have since sold the home to Mr. Kiesling who has asked for a variance to construct a detached garage. The permits to continue the work that was originally granted to the Keane's have been transferred to Mr. Kiesling, but both the DNR and the VBWD have stated that the transfer is only for what was originally applied for and granted to the Keane's. The house is now at "0" setback and the addition of the garage would not meet the criteria for setbacks from the OHWM or 100 year flood elevation. Also, it appears that the proposed garage would not meet the 20 foot setback from the newly installed "201" mound septic system. Based on this, the VBWD and DNR have recommended denial of this request. A letter was received from Margaret Paul, 9367 Jane Rd. N., stating that approval of this variance would be satisfactory with her. Mayor Christ closed the public hearing at 7:45 p.m. Councilwoman Armstrong stated that the purpose of the Shoreland Ordinance is to regulate construction on shorelands to minimize property damage during periods of high water. The staff will check if the minimum building elevations have changed since the 509 Plan was implemented. M/S/P Armstrong/Moe - to deny the variance/shoreland permit request of Joseph Keisling, 9359 Jane Road N., for setback requirments from the Ordinary high water mark for conversion of an attached garage to living space and construction of an accessory garage based on the following Findings of Fact: (Motion carried 4-0). 1. The applicant's representative has stated there was no hardship. 2. The conversion of the present garage to living space would alter the present building beyond normal maintenance. This is not allowed in this case. The existing structure is now at "0" setback and according to City Code #301.050B., does not fall in the exception range of allowed alterations. 3. The proposed garage would add an additional non -conforming structure to the lot. 4. It appears the garage would not meet the 20 foot setback from the newly installed 11201" mound septic system. 5. The Department of Natural Resources has recommended denial and both DNR and the Valley Branch Watershed District have made it clear that the permit transferred from the Keanes to Kiesling is for the improvements granted in 1987 only. Those improvements allow for a reasonable use of the property. 6. The City Staff has recommended that neither these proposed nor any future variances be allowed on this property based on its close proximity to the lake. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 PAGE 4 C. Planning Commission Recommendation: Impervious Surface Coverage, General Business District The Council, at their meeting of July 19th requested the Planning Commission review the 20% impervious surface coverage factor in the recently adopted amendment to the General Business Zoning classification. The Planning Commission recommended the maximum density allowed for a commercial development as follows: 35% coverage for 1.5 acre lot 25% coverage for 1.51 - 5 acres 20% coverage for 5.1 acres and over and; to adopt more stringent landscape and architectural design requirements and recommend the PZ review these requirements. Councilman Moe did not want to make it so limited that variance requests would come in for parking. buildin only) amended 9-6-88 M/No Second/ Moe/ - to recommend 5% covNage and let parking be dictated by our code. M/No Second/ Moe/ - to recommend 30% coverage per Mahtomedi M/No Second/ Armstrong/ - to recommend 35% overall coverage. M/No Second/ Johnson/ - to recommend 30% building coverage and let the type of business dictate the size of the parking lot. Since the Council could not come to a consensus, the following motion was made: M/S/P Moe/Armstrong - to table the discussion on Impervious Surface Coverage in the General Business District until the September 6th meeting. (Motion carried 4-0). D. Final Plat: Brockman 3rd Addition The Planning Commission reviewed the Final Plat of Brockman 3rd Addition on August 8th, resulting in a recommendation to approve the Plat, without dedication of the additional 10' as requested by Washington County on Hwy 17. City Engineer Bohrer stated in his letter dated August 11, 1988 that the Developer has offered to leave the 50 feet dedicated and provide an additional 10 feet of permanent road easement to equal the 60 feet requested by the Council. With the Council's acceptance of this condition, Bohrer recommended that the final plat was ready for approval. When asked about protective covenants, Bruce Folz indicated there were no covenants on this addition. Councilwoman Armstrong suggested the following changes be made on the Resolution: Since this plat had no variances; delete:"or for which requirements of the Subdivision Ordinance were granted variances;"and add LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 PAGE 5 (...providing for the construction of all streets and related improvement to City Standard to be completed within one year,) M/S/P Armstrong/Johnson - resolved that the Council hereby adopts Resolution No. 88-36, as amended, for approval of the Final Plat of Brookman 3rd Addition; contingent upon the developer meeting conditions specified in the City Engineer's letter of 8-11-88; upon providing a letter of credit and an acceptable Developer's agreement; upon payment of park dedication fees and pass-thru costs. Bruce Folz stated that when the land was donated for the new City Hall, the City waived all park dedication fees on the Brookman Addition. The City Staff will check into this and will have the Parks Commission discuss the possibility of increasing the park dedication fees. The Council requested the developer provide an appraised market value of the property. M/S/P Moe/Johnson - to amend the motion to exclude the park dedication fee because of their donation of land to the City for the new City Hall. (Motion carried 3-1<Armstrong>). M/S/P Moe/Johnson - resolved that the City Council hereby adopts Resolution No. 88-36, as amended, for approval of the Final Plat of Brookman 3rd Addition; contingent upon the developer meeting conditions specified in the City Engineer's letter of 8-11-88; upon providing a letter of credit and an acceptable Developer's Agreement, upon payment of pass-thru costs; and to exclude the park dedication fee because of their donation of land to the City for the new City Hall. (Motion carried 3-1-0<Abstain: Armstrong>). E. Request to Revoke our 87-29 Resolution: Jim Friedrich In March of 1985, the City Council granted a road frontage variance to Joseph Kaiser which enabled him to build a single family residential unit. In June of 1987, Jim Friedrich applied for, and was granted, a simple lot subdivision with the intention of selling the parcel split to Mr. Kaiser. Mr. Friedrich has advised the City that the sale to Mr. Kaiser never went thru. In fact, Mr.. Kaiser never finished his house and it is now on the market. However, the resolution granting this lot split was recorded with Washington County and the parcel split off from the Friedrich property now shows to be part of the Kaiser property --which would be correct had the sale gone through. Mr. Friedrich has asked that this resolution be revoked so that the County's legal description will show the parcel belongs to him and not Mr. Kaiser. Mr. Friedrich has also asked that this parcel be shown as a separate parcel rather than combining it with his parcel, as was the case originally. Mr. Friedrich would like to be able to sell this parcel as a separate building site, provided it meets all code requirements for septic, setback, etc. Mr. Friedrich and the person who is interested in purchasing the existing Kaiser house would eliminate the private road access to the property over Mr. Friedrich's property and propose to enter off of Stillwater Blvd. as do the other homes in the area. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 PAGE 6 Prior to granting the lot split, there was an easement given to Mr. Friedrich from Mr. Kaiser so that the Friedrich property would not be landlocked. The Council will have to decide as to whether or not this easement to the back property was an indication or acknowledgement that at some point in time another home would be built on the property. If this was the case, should Mr. Friedrich go through the process of applying for another simple lot subdivision or will the original lot split suffice. The Council directed the City staff to invite Joseph Kaiser to the next meeting in order to get his input before any Council action is taken. 7. CITY ENGINEER'S REPORT A. Resolution 88-35: Accepting Bid for 1988 Bituminous Overlay Project On August 15, 1988 bids were received for the above referenced project. Five bids were submitted and tabulated as follows: Bidder Total Bid Valley Paving, Inc. $69,248.55 Tower Asphalt, Inc. $69,577.55 Ace Blacktop, Inc. $70,204.80 Alexander Construction $71,248.80 Bituminous Materials, Inc. $72,708.60 Engineer's Estimate $72,407.50 The City Engineer recommended that the work be awarded to the .low bidder, Valley Paving, Inc. in the amount of $69,2.48.55. M/S/P Johnson/Moe - resovled that Resolution 88-35 is hereby approved awarding the bid of $69,248.55 to Valley Paving, Inc. (Shakopee, MN) for the 1988 Bituminous Overlay Project. (Motion carried 4-0). B. Resolution 88-34: Declaring Cost to be Assessed (and Setting Assessment Hearing); 1988 Municipal State Aid Improvement (47th Street) The 1988 MSA Project--47th Street and the 1988 Bituminous Overlay Project will be completed shortly and an assessment hearing will be scheduled for Thursday, September 8, 1988 to rule on the proposed assessments. The Council determined that the Unit Method of assessment should be used for the 1988 MSA Project and the 1988 Bituminous Overlay Project. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 PAGE 7 For the Municipal State Aid Improvement project, the assessments shall be payable in equal installments extending over a period of five years and shall bear interest at the rate of nine percent per annum from the date of the adoption of the assessment resolution. For the 1988 Bituminous Overlay Project, the assessments shall be payable in equal installments extending over a period of five years, and shall bear interest at the rate of nine percent per annum from the date of the adoption of the assessment resolution. M/S/P Armstrong/Moe - resolved that Resolution No. 88-34 is hereby approved calling for preparation of assessment rolls for the 1988 Municipal State Aid Street Improvement and the 1988 Bituminous Overlay Project, and setting the assessment hearing for. September 8, 1988; and further, that; (1.) the 1988 Bituminous Overlay Project shall be assessed on a Unit Method basis and (2.) assessments on the improvements shall. be spread over a five year period, bearing interest at a rate of nine percent. (Motion carried 3-1<Johnson: he favored the combination method of assessment>). 8. Update on Lake Jane Landfill: Mary Luth and Paul Josephson Mary Luth and Paul Josephson, of Washington Co. Public Health, gave a summary on the 1988 SW-1 Work Plan and Site Activites. (See Exhibit A) The level of contaminants has decreased 90 percent at test wells since pumping began more than a year ago. However, according to Mary Luth, it appears that the pumping possibly in combination with the drought, has reversed the flow of groundwater at the site. In a report that was recently presented to the Washington County Board stated that it would cost between $160 million and $200 million to excavate the Lake Jane Landfill, remove the waste, ship it to other sites and fill the hole that is left behind. Given these cost figures, the County Board decided this past June, that it would not proceed with further consideration of the proposal. Councilman Dick Johnson asked why didn't the County consider options other than a $200 million excavation; such as, placing a liner in the excavation and replacing the refuse. That, responded Washington County, was not considered as an option. Johnson added, there was no use going through the study because of shortsightedness in how to alleviate the problem. Councilmember Don Moe argued that the health of human beings is far more important than the dollar signs. Residential wells and monitoring wells will be sampled again in October, and the County will report back to City officials after the first of the year. 9. Report of Al Dornfeld, Chairman VBWD A. Floodproofing Program Allen Dornfeld, VBWD, explained to the Council that the Managers of Valley Branch Watershed District are considering implementing a fl.00dproofing LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 PAGE 8 program which was included in their approved 509 surface water management plan. (See Allen Dornfeld's letter dated August 5, 1988 for explanation). B. Discuss Useage of Lake Elmo Public Works Crew for VBWD Maintenance Work Mr. Dornfel.d asked the Council's permission to use our Public Works crew for minor maintenance of VBWD's facilities based on the fantastic job our crew had done on a small job last Winter. The Council had concerns on City liability and exposure to working in another municipality and questioned if our Maintenance Crew would have time to perform these duties. The City Staff will review the City's liability and possible impact on the Workers Compensation and will report back to the City Council. 10. CITY ATTORNEY'S REPORT A. Contract: Leonard, Street & Deinard The City Attorney was forwarded a copy of the proposed Contract for review and recommended approval of this contract with this firm (for LE Regional Park landfill) as directed by the Council at the last meeting, together with the Council's direction for amendment to the contract to funnel all functions with this law firm through the Administrator's Office. At the suggestion of Councilman Johnson, Ellen Sampson has been advised of a $700 cap for fees for preparation and attendance at the County Board meeting for the scoping document. M/S/P Armstrong/Johnson - resolved that the Council hereby approves, as recommended by the City Attorney to include paragraph 5 for clarification based on the minutes, the contract with Leonard, Street and Deinard for services rendered in connection with the Lake Elmo Regional Park landfill. (Motion carried 4-0). B. Other matters 11. CITY ADMINISTRATOR'S REPORT A. Compost Agreement (Junker Sanitation) Mr. Junker had been asked to come in and discuss his contract prior to the August l6th meeting; but he has not been in. City staff reported that in the interest of the overall waste abatement program, it is very important that this site be kept open. When this program was started last year, the goal was to make enough money so we could start a "Waste Abatement Fund". Our compost and recycling are now both subsidized by the County, but no one is sure how long this subsidy will last and our goal is to get enough money to cover our costs when the subsidy does cease. The staff recommended that the per cubic yard cost be increased from $2 to LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 PAGE 9 I $5, with the provision that hereafter Junker Sanitation be required to open all their compost bags, upon delivery of the bags to the Lake Elmo site. Also, the continuance of this contract be contingent upon full payment, to date, in the amount of $5,115.34 to the City for the use of this site in 1988. M/S/P Armstrong/Moe - to approve continuing the Junker. Sanitation Compost Agreement until August 31, 1989, contingent on the per cubic yard cost being increased fom $2 to $5 retroactive to August 1st, with the provision that Junker Sanitation furnish personnel to open bags and empty all bags that are brought in within two days; on full payment to the City for use of this site in 1988 in the amount of $5,115.34. (M6'ion carried 4-0). B. Resolution 88-37: Adopting a Records Retention Schedule The State Dept., of Administration, together with the Minnesota Historical Society and a Committee of City Officials, in 1986, compiled and approved a records management program for local government agencies. This program outlines a records program for retention and disposal of the majority of records a City has access to. Being we are at near peak capacity in our files, the City Administrator recommended Council adoption of this system so that we can cull our files to make space available. A concern was raised by Councilmembers as to what records will be thrown away. A reference book was provided for their information. M/S/P Armstrong/Johnson - to table the adoption of the Records Retention schedule in order for the City Council to further look into what records will be kept through this system. (Motion carried 4-0). C. Planning Service Contract The Council had requested that Michael Black, Director of Planning, (James R. Hill Inc.) submit a Resume and a Contract for services performed in connection with the Morton/Engstrom proposal; this was enclosed with Council materials. Councilman Johnson suggested amending the contract (Item #3 Additional Services) to clarify any additional planning services in 1988, beyond the Willard Morton/Bob Engstrom subdivision, shall be subject to City Council approval. M/S/P Johnson/Armstrong - resolved that the Council hereby approves the Agreement for Professional Services between James R. Hill, Inc., and the City of Lake Elmo, for Planning Services in conjunction with the Willard Morton/Bob Engstrom proposed subdivision, as amended. (Item #3 Any additional planning services in 1988, beyond the Willard Morton/Bob Engstrom subdivision, shall be subject to City Council approval). (Motion carried 4-0). D. Employment Request City Administrator Morrison requested Council approval to hire, on a part-time basis, Bill Leary, a seasonal employee who worked for the Public Works Dept. since last Fall. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 1988 PAGE 10 Funds were budgeted in 1988 for part-time help within the Parks Maintenance, Personnel Services, Category. It was recommended that 30% of the salary be contributed from the P.W. Salt & Sand budget (as a portion of the work will be street maintenance). Council approval is requested to retain this employee through November 4, 1988: August 22 - November 4, 1988. 55 days @ 8 hrs/day = 440 hrs. x $6 hrs. _ $2,640.00 (70o Park Maintenance: $1,848) (30% Sand & Gravel: $792) Under the provisions of PERA, a seasonal employee is defined as a person working less than 67 working days (536 hours) in a calendar year"; "...a seasonal employee becomes a public employee on the 68th day of employment within a calendar year". Mr. Leary has worked 550 1/2 hours, of. which 185 hours have been billed to Park Maintenance and 365 to Compost. Also, under provision of PERA, after $3,900 is earned in a calendar year, an employee is subject to payment of PERA qnd FICA (to date, Leary has earned $3,118). M/S/P Armstrong/Moe - resolved that the Council hererby approves employment of Bill Leary as a part-time public works employee, for the period of August 22, 1988 through November 4, 1988, at a salary of $6.00 per hour. (Motion carried 4-0). E. Lighting of Flag, City Hall Complaints have been received about being able to locate City Hall; therefore, the staff recommended having our flag at City Hall lit. Allied Electric has advised they could install a light, and timer for $340.00. Lighting of the flag may eliminate some of the location problems and would also eliminate the need to take down the flag every night and weekend. The City Administrator will look into identification signs. M/S/P Moe/Johnson - to approve installing a light and timer by Allied Electric in the amount of $340.00 for the purpose of lighting up the flag at City Hall. (Motion carried 4-0). M/S/P Moe/Johnson - to adjourn the City Council meeting at 10:00 p.m. (Motion carried 4-0). - Resolution 88-34calling for preparation of assessment rolls for the 1988 Municipal State Aid Street Improvement and the 1988 Bituminous Overlay Project Resolution 88-35 awarding the bid of. $69,2.48.55 to Valley paving Inc. for the 1.988 Bituminous Overlay Project Resolution 88-36 Final Plat of Brookman 3rd Addition C. 101 surrounding those original ten homes were sampled. The results of this residential sampling show: -- Reduction of the contaminant plume is occurring. Three of ten originally affected wells (Weber, L. Richert, F. Downs) have now been below detection limits for several samplings. The remaining affected wells are below MDH Recommended Allowable Limits (RAL). -- No new detection of VOC in residential wells has been found. -- Two wells continue to have granular activated carbon filters which render their treated water below detection limits for VOC's. 2. Monitoring Wells -- Background, upgradient wells remain below detection limits for contaminants. -- Of the 26 on -site and perimeter wells, 14 show no detectable concentrations of VOC's; five show detectable concentration below the Recommended Allowable Limits; and seven wells (A, I, H, GC2, S, V, R3) show evidence of contaminants exceeding RAL. -- Volatile scans (for 54 of the most commonly found VOC's) has been completed on GC1, GC2, V and A. No new priority pollutant compounds were found through these scans. Site Excavation Report Washington County Board of Commissioners, on June 14, 1988, received and considered the site excavation feasibility report they had requested be completed. After review of the report and discussion on liability and cost issues, the Board determined that it would not proceed with further consideration of this option at this time. A copy of this report as well as correspondence from MPCA is attached. Activities for the Remainder of 1988 -- Decision on NPDES permit by MPCA and County determination of next actions based on that decision. -- Quarterly sampling, October. -- Completion of 1988 Evaluation Report and submission to MPCA in October. -- Development of 1989 Work Plan. 2 EXHIBIT A Summary on 1988 SW-1 Work Plan and Site Activities A. The Counties had four major tasks outlined to be accomplished during calendar year 1988: 1. Northwest Pumpout System at Wells A and I Well A -- Underground pipe had been installed and electrical power connection made; continuous pumping and spray aeration is occurring; reduction in contaminant levels has been observed since initiation of pumpout treatment. Well I -- Decreasing water level at this well has compromised our ability to do continuous pumpout; a load monitor -timer has been installed to cycle pumping on a regular basis, ie., every 15 minutes. Contaminants are slowly being removed. If water levels continue to decrease at this site, we will need to reevaluate our Well I pumpout plans. 2. Treatment Area 2 Development of this treatment area (to the north of the existing spray treatment site) has been completed; this site is currently being used while treatment area 1 site work (to improve infiltration) is being completed. It is anticipated that both treatment areas will be used simultaneously when Gradient Control Well #3 is turned on and until the approval for off -site discharge of GC1 is received. 3. Gradient Control Well #3 This gradient control well (designed to enhance clean- up/treatment of the R series wells) has been installed. Connection to the pumpout/spray treatment system is being completed at this time. We anticipate actual start-up of pumping by September 1, 1988. This system will be pumping at a rate of approximately 130 gallons/minute. 4. GCi Discharge to Off -site The Counties' NPDES permit request is in its final review stages by MPCA. Valley Branch Watershed District, on July 28, 1988, did approve a permit for the off -site disposal of GCi into the TriLakes Outlet. Because the Counties' existing permit expires on September 30, 1988, we anticipate that MPCA will make a decision on this request in the next several weeks. B. Annual sampling was completed in July pursuant to the Counties' schedule. 1. Residential Wells Nine of the ten (excluding Christ) residential wells originally having concentrations of VOC's as well as twelve homes 1 Minnesota Pollution Control Agency February 18, 1988 Ms. Mary Luth Washington County Public Health Department 14900 61st Street North P.O. Box 6 Stillwater, Minnesota 55082 Dear Ms. Luth and Mr. Ohlund: Mr. Dennis Ohl and Ramsey County Division of Environmental Health 610 American Center Building 150 East Kellogg Boulevard St. Paul, Minnesota 55101 Re: 1988 Progress Report No. 1/Washington County Landfill No.l As indicated by the above -referenced report, and as Mary Luth and I discussed on February 9, 1988, the Counties have begun discussions regarding a work plan to evaluate the feasibility of excavating solid wastes from the landfill. As you are aware, this response action alternative was evaluated in the report entitled "Phase III Final Report: Washington County Landfill No.l Investigation," E. A. Hickok and Associates (Hickok), May 19, 1983. Removal of wastes was not recommended by Hickok because of the prohibitive expense of the removal and disposal of the wastes. Instead, upon review of the Hickok report, the Counties selected the installation and operation of a ground water gradient control well and air stripping treatment system as the response action alternative. This alternative was approved by the Minnesota Pollution Control Agency (MPCA) staff and became the alternative selected for the Response Action Plan in the Response Order By Consent (Order) between the Counties and the MPCA dated October 24, 1984. The MPCA staff believed then, as we do now, that the ground water gradient control well and air stripping treatment system alternative is the most appropriate, reasonable, and necessary response to the release of hazardous substances from the landfill to protect the public health and welfare and the environment. For this reason, it is the position of the MPCA staff that the discussion of the work plan for the feasibility study to excavate solid wastes from the landfill is beyond the scope of the Order. It is also the MPCA staff's position that the expenses associated with this work and any related subsequent work are not eligible for inclusion in the Counties' aggregate liability under Part XVII of the Order. Phone: 520 Lafayette Road, St. Paul, Minnesota 55155 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer Ms. Luth and Mr. Ohl und Page Two C Please contact met at 296-7818 if you wish to further discuss this issue. Sincerely, &UM LEA r�)� David N. Douglas Project Manager Responsible Party Unit I Site Response Section Ground Water and Solid Waste Division DND:dmc cc: Paul Josephson, Wenck Associates, Inc. TABLE 1 COST ESTIMATE FOR EXCAVATION/DISPOSAL OF WASTE FROM WASHINGTON COUNTY SANITARY LANDFILL NO. 1 Item No. Cost Item 1 WASTE MONITORING 35 Borings in Refuse Sample Analysis Verification Sampling at Disposal Facility 2 WASTE EXCAVATION Site Preparation (10) Dozer & Crew (650 cy/day) (10) Front End Loader + Crew (650 cy/day) (1) Surveying Crew Unit Quantity Unit Price 1,000 VF $ 35 1,250 Samp. 700 12,500 Samp. 200 SUB TOTAL 35 Ac 2025 390 Day 1220 390 Day 1270 390 Day 850 SUB TOTAL 3 WASTE TRANSPORTATION (via truck) To Solid Waste LF 100,000 To RCRA Landfill* 25,000 4 WASTE DISPOSAL (includ- ing Disposal Tax) 80% at Solid Waste LF 800,000 20% at RCRA Landfill 200,000 5 BACKFILL/SITE RESTOR. Common Borrow 130,000 Backfilling 130,000 Compaction 130,000 Grading/Seeding 35 6 SITE SAFETY (3) Site Safety Pers. 3,120 Monitoring Equip. 390 Sample Analysis 1,700 Equip./Pers. Decontam. Facilities/Operation 1 Safety Equipment 10,000 Loads 105 Loads 2450 SUB TOTAL Ton 65 Ton 125 SUB TOTAL CY 7 CY .93 CY 1.71 Ac 8000 SUB TOTAL Hrs 50 Days 300 Samp. 500 L.S. M-Day 50 SUB TOTAL Total $ 36,750 875,000 2,500,000 $ 3,400,000 $ 71,000 4,758,000 4,953,000 331.500 $ 10,000,000 $ 10,500,000 61,250,000 $ 72,000,000 $ 52,000,000 25,000,000 $ 77,000,000 $ 910,000 120,900 222,300 280,000 $ 1,500,000 $ 468,000 117,000 850,000 250,000 500.000 $ 2,200,000 TABLE 1 (continued) TOTAL CONTRACTOR COST $166,000,000 ENGINEERING, DESIGN, ADMIN. & SOPERVISON (10%) $ 16,600,000 CONTINGENCIES (10%) ,$ 16,600,000 TOTAL COST ESTIMATE = $200,000,000 For Truck Trans. $160,000,000 For Rail Transport *If via rail, estimate at $100/ton or about $20,000,000 for a cost -savings of about $40,000,000 if rail access to landfill were available. 1 COST ESTIMATE FOR EXCAVATION/DISPOSAL OF WASTE FROM WASHINGTON COUNTY SANITARY LANDFILL NO. 1 cost`-estima�e was prepared for the excavation and off -site disposal of the waste currently landfilled at the Washington County Sanitary Landfill No. 1. The estimated cost for this alternative, as presented in Table 1, is $200,000,000. The cost estimate was itemized into six major cost categories which include: Waste Monitoring; Waste Excavation; Waste Transportation; Waste Disposal; Backfill/Site Restoration; and Site Safety. A standard 10 percent of the total contractor cost was added for engineering and contingencies, respectively. For cost item no. 1, Waste Monitoring, it was assumed that one boring would be drilled per acre of filled area (approximately 35 acres). The purpose of the borings would be to characterize the waste according to MPCA/U.S. EPA regulations to determine the appropriate disposal facility for the waste. Each boring would be drilled to the total depth of the fill collecting samples of the refuse at one -foot intervals for sample analysis. The analytical costs associated with analyzing the samples comprises the significant portion of the cost. The costs for analytical services were obtained from a quote submitted by Interpol) Laboratories. Cost item no. 2, Waste Excavation, was based on an estimated volume of landfilled waste of 2.5 million cubic yards. It was assumed that a maximum of ten crews of operators and laborers with ten dozers and 10 front-end loaders could be working on -site at any one time. It was also assumed that the daily output capacity of the dozers and front-end loaders would be about 33 percent less for working with wastes than the daily output for working with soils which is about 1,000 cubic yards per day per crew as given by Means Construction Costs Data, 46th Annual Edition. Thus, a daily output of 650 cubic yards of waste excavation per crew per day was assumed. Based on this daily output, the time to excavate the landfilled wastes would be 390 working days or about 1-1/2 years. For cost item no. 3, Waste Transportation, it was assumed that the basic unit cost for truck transportation was $3.50 per loaded mile for a 20 cubic yard capacity covered gondola truck (U.S. Pollution Control, Inc. Personal Communication with Earl Finder). A 30-mile haul to Pine Bend Landfill was assumed for 80 percent of the waste and a 700-mile haul was assumed for 20 percent of the waste assumed to be characterized as hazardous. It should be noted that a cost savings of about $40 million could be saved if rail access to the landfill were available and wastes were shipped via rail.at unit cost of $100/ton. Cost item no. 4, Waste Disposal, Was calculated assuming that 80 percent of the landfilled wastes would be capable of disposal in another solid waste sanitary landfill such as the Browning -Ferris, Inc. (BPI) landfill in Pine Bend, Minnesota. It was assumed that the other 20 percent of the wastes would have.hazardous characteristics as determined by sample analysis (cost item no. 1) and would need to be disposed of in a Resource Conservation and Recovery Act (RCRA) regulated landfill for hazardous wastes. The unit costs for disposal were obtained from Mr. Mike Ayers of BFI and several hazardous waste landfill operators in Illinois, Indiana, Ohio, Michigan and Oklahoma. The volume of waste to be excavated was converted to tonnage for calculating disposal costs using the ratio of 2.5 cubic yards per ton of waste. Thus, 2.5 million cubic yards of waste was assumed to be equivalent to one million tons. It should be noted that if the non -hazardous solid wastes were incinerated off -site the cost for disposal would increase about $4,000,000 based on a unit cost of $70/ton for incineration including ash disposal. For cost item no. 5, Backfill and Site Restoration, it was estimated that 130,000 cubic yards of soil would need to be backfilled and compacted on the site for restoration. The unit costs for site restoration were derived from Means Construction Data 46th Annual Edition and experienced costs at other sites. For cost item no. 6, Site Safety, costs were estimated based on a total crew of 50 that would daily personal protective equipment and three on -site safety personnel for implementing proper safety protocol as well as collecting necessary industrial hygiene samples to ensure worker health and safety. These costs were derived from experienced costs at other sites. In summary, the costs for excavating the landfilling and disposing of the contents at other waste disposal facilities is estimated to range from $160 - $200 million depending upon mode of waste transportation. Waste transportation and disposal are the significant cost items involved with this alternative. The total cost estimate includes costs for engineering and contingencies. August 5, 19£ <Name> <Address> <City> Dear <Last>: Project 1007 was designed and built to control flooding in the Valley Branch Watershed District. Certain properties,because of their elevation, could not be totally protected from flood waters in the case of the 100-year precipitation event. Costs of floodproofing certain homes were included in the total cost of the Project 1007. Your property was identified as one of those which might suffer damage in the 100-year event. You may or may not want to floodproof your home. If you desire to floodproof your home, you may choose to construct an earthen berm between your house and the body of water or stream and install drain tile and a high -capacity pump or you may want to raise your home above the 100-year flood elevation. The Managers have determined the maximum amount of money that will be expended by the District on each parcel, based on analysis of the specific parcel by Barr Engineering Co. The maximum amount was determined to be realistic based on quotes which have been obtained from two contractors, namely, Croixland Excavating and Triple A Pollution Control. The ,Valley Branch Watershed District will not be doing the work. Each property owner will hire his or her own contractor to do the work. You will be reimbursed up to the maximum amount determined for your parcel. See the attached sheet for conditions. If you plan to take advantage of this offer, please notify the Board of Managers by September 15, 1988. The Board is proposing that all floodproofing be completed by August 1, 1989. The contact person regarding floodproofing is either Allen Dornfeld at 777-5590 or Nels Nelson at 830-0542. Sincerely, Allen Dornfeld AD/mmm Enclosure VBL/315,0 ALLEN DORNFELD RUSSELL KIRBY GORDON C. MOOSBRUGGER RAY BRENNER WILLIAM ROHRER VALLEY BRANCH WATERSHED DISTRICT P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538 REIMBURSEMENT CONDITIONS You will be reimbursed up to $ for the flood proofing cost at You must comply with the following procedure: 1. Prepare a plan for the proposed floodproofing project. If your project is complex, you may wish to contact an engineer or landscape architect to assist you. A file of information describing floodproofing techniques and case histories has been placed in the Lake Elmo Branch Library, 3459 Lake Elmo Ave. N. Your plan should include a location map, a grading plan with necessary cross -sections or contours showing the existing and proposed site configuration. A description of construction methods and copies of any calculations used in the design should also be included. 2. Submit plans for your proposed work to the Valley Branch Watershed District c/o Barr Engineering Co., 7803 Glenroy Road, Minneapolis, MN, 55435. 3. The District Engineer will review the plans within two weeks and either place them upon the next agenda for Managers, review or send you a letter requesting additional information. 4. The Managers will review the proposed work at one of their regularly scheduled meetings on the second and fourth Thursdays of each month at the Lake Elmo City Council Chambers, 3800 Laverne Ave. N. If acceptable, a permit will be issued and a letter of commitment between the District and yourself will be signed. 5. When you are ready to begin construction, contact the Valley Branch Watershed District Engineer who will set an elevation benchmark for your property at the 100-year flood elevation. If you choose the berm method, the top of berm must be 1 foot above the 100-year event elevation. -Float. If you raise your home, the lowest --lbame level must be 1 foot above the 100-year event elevation. 6. When work is complete, submit copies of receipts for the cost of the work done and make an appointment with the District Engineer so that he can inspect and verify that work has been done properly. If he must make more than one compliance inspection, additional costs of inspection will be deducted from your reimbursement allocation. 7. You must submit a flowage easement on your property up to 1 foot above the 100-year flood elevation. The easement will be prepared by the Watershed District Attorney for your review prior to signing. When the easement is signed, a check will be issued for work completed, up to the maximum amount described above. M VBL/315,0/sam CITY OF LAKE ELMO City of Lake Elmo August 12, 1988 TO: Mayor and Council 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 FROM: Pat Morrison, City Administrator SUBJECT: Informational Items Councilman Chuck Graves will not be present at this meeting.. City Engineer Larry Bohrer is on vacation; Tom Prew, his assistant will be available at meeting. 1. Payment of Back Taxes, 201 Project: Steve Carlson, of the Rauenhorst Law firm, called August 2nd to advise that the City will probably be receiving reimbursement from Washington County for the back taxes in the amount of $851.51 ($382.80, 1987) and ($468.71, 1988) which was paid for the Gorman property. Fritz will report on this at the August 16th meeting, as well as the two other claims for back taxes which the City received at our last meeting. 2. MPCA Permit: Washington County Landfill $1: The MPCA has requested a meeting with staff in response to our letter of June 13th requesting a hearing. As you may recall, they responded to our letter on July 29 (copy sent to you August 2nd), and would like to discuss our reaction to their response to determine if this would eliminate the need for a formal hearing. Larry Bohrer suggested Councilmembers Graves and Johnson be in attendance at this meeting, so their expertise would be called upon. I have tentatively set the meeting for Wednesday, August 31 at 11:30 a.m. In order to give us direction, may we get clarification as to if Council desires an informal, or formal, hearing (attached is their initial criteria sheet, as well as a copy of VBWD's permit response). It was may understanding you desired a full MPCA Board hearing. 3. Lighting of Flag, City Hall: With your approval, I would like to recommend having our flag at City Hall lit. We have received some complaints about being able to locate City Hall. Allied Electric (electrical. installer for City Hall) has advised they could install a light, and timer, for $340.00. (We have now ordered a new flag). Lighting of the flag may eliminate some of the location problems and would also eliminate the need to take down the flag every night and weekend. 1 The money would be expended from the Building Fund Reserve which has a current balance of $5,188. If you have any concerns, or questions, about this expenditure, pleasdi let me know. Also, if the Council. wishes, I can ask Brockman representatives if we can add our identifi-cation to their free-standing sign on Laverne Avenue. 4. Lake Elmo History: In the few months I have been here, some of Lake Elmo's history has seeped through in conversations with residents and staff. I would like to propose that the Council authorize and support the formation of a vounteer historical committee, charged with the task of culmination of historical facts, figures, pictures, etc. of the City. We have, I think, a rather interesting and rich history which is deserving of some documentation. Marilyn Banister has stated she would be interested in being on such a committee (having been a long-time employee of the City, as well as a resident for some 30+ years), and I'm sure there are residents of the community who could contribute a wealth of information. Maybe it would be appropriate to start this in 1989. 5. Section 32 Annexation: Attorney Steve Carlson has advised that, in recent conversation with the Municipal Board staff, he was advised, the Board conference call will probably take place in early September, after the Draft Order has, been compiled. Although, we will not: be allowed input, Steve and I C will be at their office to listen to the call and encourage Councilmember attendance as well. The Final Order and decision is made after the phone conference call.. 6. Candidates' Forum a r If the it desires, we will call the League of Women Voters and re- quest at ey conduct a Candidates' Forum for local and State offices. M -4pn- Date: MAY 17 IQ88 Permit No: MN 0054348 The Commissioner's s determination Permit action. are that the permit should b The comment to submit written co a issued this Notice. Period begins and comments upon the proposed tentative. Period will begcensoarnen s received no later thanupoas n indicated on proposedage one of in the formulation of f last day of the Any comments submitted are r Final determinations, comment the following information: equi 1 a statement of draft Permit; red by Minnesota Rules Part 7001.0110 to include the person's interest in the permit application or the a statement of the act including specifiic referenceson the Person wishes Person believes should be t0 sections the Agency to take, changed; and °f the draft permit that the the reasons supporting the person's position spectftcity as to allow the Commissioner to the Persons position stated with sufficient Duringinvestigate the merits of the comment period, an informational meetingY Person may A public informationl or a contested case hearing a request for a to help clarify meeting is an informal meetin the Public hlpb y and resolve ch posed permit action, efore a state Administrative°LawsJudge.g which the A case hearin gency may hold/roceeding n re g is a fornial Any request fora ubl' iteres ms 1 through 3 listedaboveand or o contested case contthe estedncasetthe Agency to hold a and also a s hearing addresshearing and the issues that n ° tfte reasonst at the info rn;ational meeting informational meeting or Public person would like the In the absence of g °r contested case hearhe Agency to case hearin any requests for the D' g, the final decision ofathebltc info Minnesota for of ion Control q Informational meeting or contested the Division of Water quality proposed permit action this permit be considered b Qency Board. Ho under a delegationtmadeebytheby Such requests y the A howeveroard, any person may Subp. 6, must be made in accorrdance0ith prior i request that with Minnesota final Permit action. tnnesota Rules Part 7000.0500, i -5pn- Date: MAY 17.1988 Permit No: MN 0054348 f Comments or requests should be submitted in person or by mail within the comment period to: Regulatory Compliance Section r Division of Water Quality Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, Minnesota 55155 The application/permit and public notice numbers should appear next to the above address on the envelope and on each page of any submitted comments or requests. Please be advised that the public is entitled to participate in the activities of both the Minnesota Pollution Control Agency Board and the Commissioner in accordance with the provisions of Minnesota Rules 7000.1500 and 7000.1600. The permit will be reissued if the Agency determines that the proposed permittee ar permittees will, with respect to the facility or activity to be permitted, comply or undertake a schedule of compliance to achieve compliance with all applicable state and federal pollution control statutes and rules administered by the Agency and the conditions of the permit, and that all applicable requirements of Minnesota Statutes 1160 and the rules promulgated thereunder have been fulfilled. Please bring the foregoing to the attention of persons whom you know would be interested in this matter. CLAIMS TO BE APPROVED AT AUGUST 16, 1988 LAKE ELMO COUNCIL MEETING (all claims are within budget unless otherwise noted) tyJ627 Commissioner of Revenue - July State withholding $ 1,149.00 90628 Menard's - Parks - reimbursed by Jaycees 49.44 90629 Washington County - recording fee 10.00 90630 thru Office $ 31.06 90634 Cleaning - Beeman Fire Hall 14.20 45.26 90635 Boy Scout Troup # 81 - Compostt worlers 600.00 90636 Rauenhorst Carlson & Knaak - General $ 1,722.05 201 Sewer 185.00 1,907.05 90637 TKDA - General $ 3,227.69 Pass Thru 337.85 201 Sewer 1,035.71 MSA 144.00 4,745.25 90638 Pitney Bowes - copier supplies 514.00 90639 American Typewriter - office supplies 151.80 90640 Elmo's Lumber & Plywood - Office maintenance 154.12 90641 Four Seasons - cups 12.45 90642 Bellaire Sanitation - Office dumpster 46.80 90643 Hagbergs - Office maintenance supplies 7.19 90644 Tursso Companies - Office supplies 8.09 90645 Stillwater Motor - Maintenance parts 12.67 90646 T.J. Auto Parts - Maint. Dept. 36.62 90647 Carlson Tractor &Equip.- Maint. parts 109.09 90648 Washington County Public Works - signs 20.00 90649 Glenwood Inglewood - Maint. dept 57,.40 0650 Garelick Steel Co. - Maint. Dept 539.50 651 Bryan Rock Products - Maint. Dept. 30.93 90652 Valley Auto Supply - Maint. parts 122.31 90653 Battery & Tire Warehouse - Maint. Dept. 35.58 90654 Junker Sanitation - Maint. dumpster 45.00 90655 Jim Hatch Sales - Maint. supplies 77.52 90656 Gopher State One -Call - membership fee 25.00 90657 Lake Elmo Oil - Building Insp. $ 94.15 Maint. Dept. 1,551.13 Fire Dept.. 25g.77 1,904.05 90658 Peoples Plus - Fire Dept. 51.05 90659 Oswald Fire Hose - Fire Dept equipment 2,423.50 90660 Allnet Communications - Fire Dept. 3.10 90661 Moelter Electric - Fire dept. bldg maint. 52.50 90662 Road Rescue - Fire Dept, supplies 94.26 90663 Astleford International - Fire dept truck parts 153.25 90664 Hardware Hank - Fire Dept. $ 95.21 Parks 105.53 200.74 90665 Arrow Building Center - Parks Dept. 471.18 90666 Lunde Mfg., Inc. - Parks Dept. 74.06 90667 Midwest Wire & Steel - Parks Dept. 633.00 90668 Associated Enterprises - Parks Dept. 325.00 90669 Polar Plastics - Parks Dept. - reimbursed by Jaycees 89.70 90670 Metro Waste Control - sewer service charges 68.54 90671 Water Products Co. - Water Fund 139.27 90672 Chapin Publishing Co. - 1988 Overlay road project 79.05 9673 First Trust - Park Bond Payments 33,326.88 J674 thru 90686 August 26th payroll 9,132.34 Total S 59,733.54 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 AUGUST 16, 1988 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: August 2, 1.988 3. Claims 4. Public Inquiries 5. Update: Proposed Lake Elmo Regional Landfill (Dan Novak/Todd Williams) 6. PLANNING/ZONING/LAND USE A. PUBLIC HEARING: Variance from Lot Size Sally Ziebell, 10572 43rd St. N. B. PUBLIC HEARING: Shoreland Permit/Variance Joseph Kiesling, 9359 Jane Rd. N. C. Planning Commission Recommendation: Impervious Surface Coverage, General Business District D. Final Plat: Brookman 3rd Addition E. Request to Revoke our 87-29 Resolution Jim Friedrich 7. CITY ENGINEER'S REPORT A. Resolution 88-35: Accepting Bid for 1988 Bituminous Overlay Project B. Resolution 88-34: Declaring Costs to be Assessed ( (and Setting Assessment Hearing); 1988 Municipal State Aid Improvement (47th Street) RE A K --------------------------------- 8. Update on Lake Jane Landfill (Mary Luth & Paul Josephson) 9. Report of Al Dornfeld, Chairman VBWD A. Floodproofing Program B. Discuss Useage of Lake Elmo Public Works crew for VBWD maintenance work 10. CITY ATTORNEY'S REPORT A. Contract: Leonard, Street & Deinard B. Other matters 11. CITY ADMINISTRATOR'S REPORT A. Compost Agreement (Dunker Sanitation) B. Resolution 88-37: Adopting a Records Retention Schedule C. Planning Service Contract D. Employment Request 12. Adjourn FUTURE MEETINGS August 22 Planning Commission Meeting August 30-Sept. 13 Local Council Filings Open August 31 MPCA Meeting re: Permit September 6 City Council Meeting Septmeber 8 Special Council Meeting (Assessment Hearing) September 8 Residential Estates Committee Meeting September 12 Planning Commission Meeting September 19 Parks Commission Meeting September 20 City Council Meeting September 26 Planning Commission Meeting