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HomeMy WebLinkAbout11-02-93 CCMIII14UTES APPROVED: 11-16-93 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 2, 1993 4:30-6:00 p.m. Executive Session:Update from. Attorney on Olson Lakes Estates Development Mayor John called the city council meeting to order at 8:03 p.m. in the council chambers. PRESENT: Mottaz, Conlin, John, Johnston, Johnson, City Engineer Bohrer, City Attorney Filla, and Administrator Kueffner. 1. Pledge of Allegiance 2. Agenda Add: 6. Grants that can be applied for other than for bike trail on Cty Rd 10, 813. Figure Change ($139,520.55), D. Update on Rolling Hills, 11C. Newspaper article on Woodbury Water Problems M/S/C Johnston/Conlin - to approve the November 2, 1993 city council agenda as amended. (Motion carried 5-0). 3. MINUTES: October 19, 1993 M/S/C John/Johnston - to approve the October 19, 1993 City Council minutes as amended. (Motion carried 5-0). 4. CLAIMS Regarding Claim #2091, the Council asked if 3 bids were received, what amount is being spent, what do we anticipate in return and is this expenditure in the budget. M/S/C Conlin/John - to approve the November 2, 1993 claims #2076-through #2113 as presented, excluding claim #2091 for purpose of identification. (Motion carried 5-0), 5. PUBLIC INFORMATIONAL: A. Public Inquiries Todd Williams, 3025 Lake Elmo Avenue N., commented on the clean up plan with a deadline of January 1, 1993 for Hammes' property. At the September 16, 1992 cleanup update, Mr. McNamara reported he had told the Hammes family to apply for a burning permit for the large pile of trash, but they claimed they were going to wait until the end of the year. Williams is concerned about their unwillingness to clean up their property without being strongly encouraged by the Council or Health Dept. The existing trash pile is both a visible nuisance and.a fire hazard. LAKE ELMO CITY COUNCIL MINUTES NOVEMEER 2, 1993 Williams requested that the council vote to send notice to the Hammes family to eliminate the trash pile either by it being hauled away or by a clean burn within 30 days. If they do not comply, the city should obtain a court order to abate the nuisance by the method of the city's choosing and add the expense of the abatement to their property taxes. Administrator Kueffner reported that on Wednesday the Building Official and a Deputy will tour the areas within the city where complaints have been received and if warranted will be cited. The Council requested a review be given at the November 16, 1993 meeting under Unfinished Business. B. Update from Washington County on Methane at Landfill Mary McGlouthin, Public Health Director for Washington County, gave a presentation on present projects and future considerations of the county in dealing with the methane gas produced by the decomposing waste. A fact sheet on the investigation of the site prepared by the Environmental Protection Agency was provided. An "active barrier extraction vent system" will be installed primarily on the west boundary of the landfill. The cost to the county will be approximately $279,000 and the system will be operating in December. McGlouthin said the county has spent approximately $4 million on landfill contamination containment measures. 6. UNFINISHED BUSINESS: A. County Road 10 Bike Path Since the Council has not approved the bike/pedestrian trail plan submitted by the Lake Elmo Trail Task Team and the only approved plan for which a cost is known is for County Road 10 bike trail, the following motion was made: M/S/C Mottaz/Johnson - to direct the City Administrator to apply for a grant application for County Road 10 Street Bike Trail and to table discussion on the bike/pedestrian trail plan until the November 16, 1993 council meeting. (Motion carried 5-0). Steve DeLapp submitted a revised segment trail plan dated November 1, 1993. B. Municipal Board The Council received Section 414.01 Creation of the Minnesota Municipal Board from the State Statutes, M/S/C Conlin/John - to table this item until the Council can review the legislative position just received from the League of Minnesota Cities. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 2, 1993 7. PLANNING/LAND USE & ZONING: A. Resolution No. 93-73:Minor Subdivision for Janet Morgan/Mike Henning M/S/C Mottaz/John - to adopt Resolution No. 93-73 based on the Planning Commission's recommendation to grant a minor subdivision to Janet Morgan/Mike Henning with the attached additional conditions: Condition 4. In keeping with the intent of allowing a stack lot, there be no further subdivision of Parcel B until such time as there is improved public access available for Parcel A; Condition 5: The, city only maintains roads that are improved to City Standards, therefore it will be the responsibility of Mr. Henning to plow and perform any other maintenance needed on the unimproved right-of-way that will access this property. (Motion carried 5-0). B. Resolution No. 93-74:Minor Subdivision for Jack Hobbs Councilman Mottaz spoke to the Building Official who said, regardless of a permit from the State to change the access, in order to do major excavating such as this separate from a construction project a city permit is required. This work has been done before council approval of the minor subdivision. Mr. Gould has constructed an addition to his building contrary to city regulations. Attorney Filla suggested asking Mr. Gould what his position on compliance with the city regulations or the council can approve this minor subdivision subject to compliance with the city's regulations. Mr. Gould has taken his business from the east side of Lake Elmo Avenue to the west side of Lake Elmo Avenue. M/S/C John/Mottaz - to table until the next Council meeting or until such time Mr. Hobbs and Mr. Gould can appear before the council to explain their proposal for their property and their intention in relation to building construction. (Motion carried 5-0), 8. CITY ENGINEER'S REPORT: A. Request for Street Light by Guardian Angels Church At the last council meeting a request was brought forward by councilman Mottaz from Guardian Angels Church for the possible installation of a street light at a corner of Guardian Angels Drive and 4th Street. Bohrer contacted NSP and there`is a pole that is suitable on the southwest corner of that intersection for installation of a street light, However, the power is not of the correct voltage. NSP would have to install a transformer at that location at an estimate of $1700-$1800. M/S/C Mottaz/Johnson - that the city write a letter John Riehle, Guardian Angels Church, to see if they will select to go forward and assume the cost of the installation of a transformer at a cost between $1700-$1800. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMEER 2, 1993 B. Partial Payment #3 MSA Bohrer updated the council that he had met with Mr. Jungmann, 9404 Lake Jane Trail, and resolved his two issues of concern. The brick pillars were tipped prior to beginning of any construction and the pre -construction photographs bare that out. Instead of installing the typical "T" arm, NSP would install the right angle arm pole so the wires can stay where they are today. M/S/C Johnston/Conlin - to approve Partial Payment #3 to Tower Asphalt for work primarily for gravel base and excavation in the amount of $139,520.55 for 1993 MSA Improvements. (Motion carried 5-0). C. Partial Payment #2:1993 Bituminous Overlays M/S/C Johnson/John - to approve Partial Contracting in the amount of $99,052.91 (Motion carried 5-0). D. Update of Rolling Hills Payment #2 to Bituminous Consulting and or 1993 Bituminous Patch and Overlay. Larry Bohrer presented his letter to Charles Nelson, dated November 1, 1993, stating violations that occurred and the road is not acceptable to the city. It was discovered last week they were paving the road without any prior notification to TKDA, without performing the necessary test and without having an inspector on the job. As noted on Page 6 of the Developer's Agreement, the City will not provide snowplowing on this street this winter. Rolling Hills letter of credit expires July 23, 1994. Attorney Filla suggested the Council consider not issuing additional building permits and notify the bank that Nelson Properties has not complied with conditions of their developer's agreement and the council will be requiring the bank submit the amount of letter of credit to the city as security. M/S/C Conlin/Mottaz - to instruct the city attorney to write a letter to Charles Nelson, Nelson Properties, stating in strong terms the city's position regarding violations in construction of roads in Rolling Hills. (Motion carried 5-0). 9. CITY ATTORNEY'S REPORT: None 10. CITY COUNCIL REPORTS: Council member Conlin shared information from George Rouse, Cable Commission. Council member Mottaz had talked to Barb Sennes, Met Council, about the application for amendment to the comp plan on the FLU Map and understands the amendment was sent back to the City. Administrator Kueffner reported they had concern about access onto Hwy 36 from the Mottaz property. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 2, 1993 11. CITY ADMINISTRATOR'S REPORT: A. Resignation of Mike Black from McCombs, Frank & Roos . The Council had no objection to this selection process, but when the candidates have been selected, the entire council should be involved in the final selection. M/S/C Mottaz/Johnson - to send a letter of appreciation to Mike Black and to direct the Administrator, Mayor and Planning Commission Chair to proceed with interviewing Blair Tremere and bring back a recommendation to the November 16 city council meeting. (Motion carried 5-0). B. Resignation of Parks Commission Member, Tony Collette M/S/C Johnston/Johnson - to accept the resignation letter from Tony Collette from the Parks Commission and send him a letter thanking him for his service on the commission, to appoint First Alternate, Kevin Heichel to serve out the term of Tony Collette, to move Second Alternate, Karen Leach to First Alternate and to advertise the vacancy in the next city newsletter. (Motion carried 5-0). C. Article on Woodbury Water Problems The Council read the October 30,1993 Star Tribune article on HOUSES, TREES ARE LOST TO RUNOFF IN WOODBURY, CITY HAD PLANNED TO CREATE LAKE, BUT NOT THIS SOON. M/S/C Conlin/Mottaz - to adjourn the council meeting at 10:45 p.m. (Motion carried 5- 0). Resolution No. 93-73 Minor Subdivision for Janet Morgan/Mike Henning TOLKING. DUV. ANDERSONTKDA �. AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUI. MINNESOTA 55101.21a PHONE181220244400 FAXIMM02.0003 November 1, 1993 Mr. Charles R. Nelson Nelson Properties, Inc. 6579 North Shore Trail Forest Lake, Minnesota 55025 Re: Rolling Hills Lake Elmo, Minnesota Commission No. 9150 Dear Mr. Nelson: The purpose of this letter is to update you on the City's position regarding Rolling Hills Subdivision. During the summer, your contractor, Forest Lake Contracting, had considerable difficulty getting the subgrade to pass a roll test. In fact, a passing roll test of the subgrade was never performed. Despite the soft subgrade, your contractor proceeded to gravel the street. From the time the gravel was placed until it was paved, we observed numerous areas where rutting was occurring in the gravel. On October 28, 1993, with no prior notification to the City by you, your engineer, or your contractors, we happened upon Tower Asphalt paving the base course. At the time of the paving, we had not received any subgrade or gravel compaction tests, gravel gradation tests, or witnessed a stringiining of the road. While observing some of the paving, we noted that the asphalt trucks were sinking into the gravel and pumping up the subgrade. Forest Lake Contracting was on site operating a roller to help straighten up the gravel after the trucks tore it up. Also, there was no inspector present. It is obvious by driving the street, that a poor job of paving was done. Considering all the events that have taken place, we have no choice but to not accept the base course on this street. We expect the full cooperation of your engineer and contractors in helping us determine what type of remedial action will be performed so that the City can accept this street. The earliest you may expect to pave wear course would be next summer. Wear course paving shall not take place on this project until written approval is given by the City. Mr. Charles R. Nelson November 1, 1993 Page 2 As noted on Page 6 of your developer's agreement, the City will not provide snowplowing on this street this winter. The City will evaluate whether additional building pernuts will be issued prior to the final paving taking place. Sincerely, Thomas D. Prew, P.E. TDP: j cc: City of Lake Elmo John Oliver and Associates (Terry Herman) Forest Lake Contracting Tower Asphalt, Jerry Filla `°N��� Fact Sheet For Public Availability Session 'ism mote September 16, 1993 Washington County Government Center - Board Room Methane Gas Washington County Sanitary Landfill No. 1 SUMMARY Methane gas at landfills is produced by decomposing waste. The gas can travel underground and enter homes and businesses where it can accumulate to explosive levels. In 1992, after 14 years of monitoring, the closed Washington County Sanitary Landfill site in Lake Elmo, Minnesota was found to contain methane levels requiring attention. Ramsey and Washington Counties began studies in 1992 that will result in the construction of a methane gas extraction system during the autumn of 1993. WHAT IS THE EPA ORDER? The Counties stepped up their monitoring program at their own initiative. when higher methane levels were first found in 1992 and later to comply with an order issued by the U.S. Environmental Protection Agency on February 17, 1993. This Order requires the Counties to implement gas treatment and monitoring activities to satisfy EPA standards for on -site structures and at the property boundary. ( )W HAS THE INVESTIGATION UNFOLDED? 1. Using five monitoring vents, located on the site perimeter, the Counties have monitored the landfill for methane gas on a quarterly basis since 1978. Until 1992, the monitoring never consistently found methane and levels were never found above EPA standards. 2. In September 1992, the Minnesota Pollution Control Agency (MPCA) detected methane in surface soils at the site. The Counties conducted a "soil -gas" survey to look for methane in the soil. They found methane above EPA standards along the western boundary near Lake Elmo's Fire Station No. 2. 3. In January and March of 1993, the Counties installed six sets of nested monitoring vents along the landfill's western boundary. Monitoring confirmed that methane gas was migrating off -site. METHANE MONITOR 0 400 800 INSTALLED RRMIRP _. GRAPHIC SCALE IN FEET C3n' _ 1 LANDFILL--- BOUNDARY R u BARRIER d TETRACTION. VENT SYSTEM CIOe I OMo {IRE SrArxW Tt 07 CG Sr OC2 ,a II __ ICI BOUNDARY dal BOUNDARY �. To assure the safety of people working at the fire station, a continuous methane monitor was installed. In addition, homes near the landfill were surveyed for methane in February and weekly between March and July 1993. Explosive levels of gas have not been found. 5. The Counties performed another soil -gas survey in May 1993 at 28 locations in and around the landfill. The two soil -gas surveys combined indicate high concentrations of methane in these areas: • primarily along the landfill's west and northwest boundary • beneath several properties west of Jamaca Avenue No methane or only trace amounts were found in the shallow soils in the residential area northwest of the landfill; along the landfill's southern and eastern boundaries; and at all other locations surveyed off - site. 6. Based on the soil -gas survey and discussions with the EPA, MPCA, and Minnesota Department of Health, the Counties installed continuous methane monitors in six homes and the Lake Elmo Maintenance Building in July 1993; these are in addition to the fire station monitor. No methane alarms have been activated at any of the sites. WHAT'S THE SOLUTION? With the help of an engineering consulting firm, the Counties did a feasibility study to find the best approach to correct the methane gas problem; the study considered site conditions such as geology, existing research, and EPA's requirements. The recommended solution is an "active barrier extraction vent system." A pilot study --among the first of its kind in the country --confirmed that the system would satisfy the EPA and protect off -site homes and buildings. Construction of the system is scheduled to begin October 4 and end November 30, 1993, with operation beginning soon after. HOW DOES THE SYSTEM WORK? Fourteen extraction vents are being installed on the edge of the landfill (primarily at the western boundary) to capture methane migrating toward homes and municipal buildings. Thes ' vents are made by drilling holes 12 inches in diameter and an average of 40 feet deep and installing a screeZ, pipe in the holes. At the surface the vents will be connected with a piping system leading to a small building; inside are blowers which draw landfill gas from the soil through the piping system. The collected gas will then be discharged at the surface.near the center of the landfill. WHAT WILL BE THE RESULT? During startup, contaminant concentrations in the gas will be determined and flow rates will be balanced to optimize performance of the system. Methane gas levels in the monitoring vents will be evaluated regularly to ensure that EPA standards are met on -site and at the site boundary. This information will also be used to assure that. the gas discharged from the system meets all state and federal air quality standards and poses no health risk. Although landfill gas usually has an odor, it is expected to be unnoticeable beyond the discharge area. The real danger with methane gas is when it concentrates and builds up to explosive levels, so dispersing the gas in the open air poses minimal risk. It is important to note that no additional landfill gas will be collected and discharged to the air than occurred naturally; the central difference is that, instead of allowing the gas to potentially enter buildings and pose a threat, the system is collecting that gas and discharging it at the landfill itself. For more information, please contact Eric Magee at 430-6686 for the Counties or Larry Schmitt (3121353-6565) or Derrick Kimbrough (3121886-9749) for the U.S. EPA. If you need assistance due to disability or language barrier,please call 430-6655 (TOO 439-3220). Equal Employment Opportunity/Affirmative Action NOVEMBER 2, 1993 LA);YE EL140 CITY C0U14CIL 1I'ETINB List of Claims for Approval �or the period 10/29/93 to 11/02193 10129/93 CLAIN TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT POTT, FRAN CIVIL DEFENSE EXPENSE 11/02193 2076 63.54 100-41300-209 63.54 DAVID BOUTHILET 9/21,10/5 6 10119 CABLE RTOS 11102193 2077 114.00 100-41300-331 104.10 LEAGUE OF MN CITIES NOVEMBER INSURANCE PREMIUM 11/02/93 2078 3,315.36 100-41560-131 1,932,33 100-42400-130 418.11 190-43108-130 964.92 MINN. BENEFIT ASSN. NOVEMBER INSURANCE PREMIUM 11102/93 2079 582.30 100-41500-130 72.12 110-43100-136 510.18 ALLIED GROUP INSURANCE TRUST NOVEMBER INSURANCE PREMIUM 11/02/93 2080 61.77 100-41500-130 28.66 100-42410-134 14.10 100-g3100-130 19.01 T A R TRADERS, LTD. OFFICE SUPPLIES 11102/93 2081 47.93 111-41501-200 47.93 O.C. HEY CO. COPY MACHINE MAINT 11102193 2082 305.00 100-41501-200 305.00 ST PAUL PIONEER PRESS 1 YR SUBSCRIPTION 11/02193 2083 69.32 100-41510-200 69.32 STILLWATER GAZETTE LEGAL PUBLICATIONS 11/62/93 2984 219.80 100-41510-351 219.10 GENERAL OFFICE PRODUCTS OFFICE SUPPLIES 11'02J93 2085 307.44 100-41500-200 307.44 A T 6 T OFFICE TELEPHONE MAINT 11102/93 2086 69,96 100-41500-320 $9.96 U. S. WEST OCTOBER TELEPHONE 11/02193 2087 427.64 180-41500-320 225.48 100-42200-320 $9,45 100-43100-320 54.55 100-45200-320 58.06 NORTHERN 'STATES POWER CO OCTOBER POWER 11/02/93 2088 1,851.13 100-41500-386 186.10 160-42201-380 184.63 100-43100-380 173.94 100-43160-388 844.25 100-45204-380 119.89 601-49400-388 322.50 602-49450-380 19.82 MICHAEL SMITH OCTOBER ANIMAL CONTROL 11102/93 2189 725.00 100-42700-110 726.00 CELLULAR ONE FIRE DEPT CELLULAR 11102J93 2090 18.92 101-42208-320 10.92 CHARMING L BETE CO INC _ FIRE PREVENTION HANDOUTS 11102/93 2091 651.60 110-42208-431 651.00 yHARDINI-FIR-E EQ-0-IPMENi-G0. FI-RE DEPT SUPPLIES ---- -- 11102/93 2092 49.02 100-42200-217 49.02 LAKE ELMO FIRE DEPARTMENT FIRE DEPT BLDG MAINT 11(02193 2693 186,32 150-42209-491 186.32 MN DEPT OF NATURAL RESOURCES FIRE DEPT SUPPLIES UPGRADE 11/02/93 2094 824.31 100-42200-550 824.31 METRO FIRE FIRE DEPT SUPPLIES UPGRADE 11102/93 2095 1,272.68 100-42280-550 1,272.68 ASTLEFORD EQUIPMENT CO. FIRE DEPT TRUCK REPAIR 11/82/93 2096 132.13 100-42200-220 132.13 MR STATE FIRE OEPT.ASSN. FIRE DEPT DUES 11/02/93 2897 120.08 100-42280-433 120.00 ROSEVILLE RADIO FIRE DEPT RADIO SERVICE 11/02/93 2698 49,48 100-42200-323 49.48 JAMES SACHS STATE FIRE CHIEFS CONFERENCE 11/02/93 2099 290.08 100-42200-207 29@.08 RICHARD SACHS STATE FIRE CHIEFS CONFERENCE 11/02193 2100 329.76 108-42200-207 329.76 VERN'S OTC AUTO PARTS FIRE,NAINT 6 PARKS EQUIP REPAIR 11/02/93 2101 100.82 100-42200-220 42.48 108-43109-221 53.46 100-45280-220 4.88 YOCUM OIL CO MAINT DEPT-HYO TRANS.OIL 11102/93 2102 28.99 100-43100-212 28.99 TRUCK UTILITIES MAINT DEPT EQUIP REPAIR 11102/93 2103 46.86 109-43100-221 46.86 BRYAN ROCK PRODUCTS MAINT DEPT LIMEROCK 11/02193 2104 36.48 100-43101-228 36.48 WASHINGTON COUNTY TREAS, MAINT-SIGNS 6 GRADING ROADS 11/02/93 2105 4@6.60 100-43100-408 374.65 101-43100-226 31.95 ( IATCH SALES CO. MAINT SHOP SUPPLIES 11/02/93 2106 251.03 160-43100-223 251.03 ENKL F. AMDERSEN, INC. MAINT DEPT STREET SIGNS 11/02193 2107 118.85 100-43100-226 118.35 FLAIL -MASTER MAINT DEPT-MOWER SLADE REPLACEMENT 11/82193 2108 141.06 100-43100-224 141.16 CLEVELAND COTTON PRODUCTS MAINT DEPT-SHOP SUPPLIES 11/02193 2109 157.17 100-43100-223 157.17 ELMER'S REPAIR PARKS DEPT -WEED THINNER REPAIR 11102193 2110 136.00 100-45200-220 136,00 CARDOZO, TED N. SUNFISH LAKE PARK MAINTENANCE 11/02/93 2111 74.99 104-45200-219 74.99 (over) List of Claims for Approval For the period 10129/93 to 11/02/93 10/29193 e CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT MN RECREATION R PARK ASSN PARKS DEPT—MEMBERSHIP DUES 11102193 2112 76.08 160-45200-219 75.08 BRAUN INTERTEC CORPORATION NSA FUND EXPENSE 11(02193 2113 240.00 402-41936-300 240.08 lo �W mia'1 �FY-t "O h7 1p0N r TOTAL FOR MONTH 13,868.84 13,868.04 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 a"re pertinent are appreciated. Items requiring excessive time may be continued to another meeting. LAKE ELMO CITY COUNCIL MEETING AGENDA NOVEMBER 2, 1993 4:30 p.m. Executive Session Convenes: Update from Attorney on Olson Lakes Estate Development 6:00 p.m. Executive Session Adjourns 8:00 p.m. Regular Meeting Convenes 1. Pledge of Allegiance 2. Agenda 3. MINUTES: October 19, 1993 4. CLAIMS 8:15 p.m. 5. PUBLIC INFORMATIONAL: A. Public Inquiries B. Update from Washington County on Methane at Landfill 6. UNFINISHED BUSINESS: A. County Road 10 Bike Path B. Municipal Board (over) LAKE ELMO CITY COUNCIL AGENDA NOVEMBER 2, 1993 2 7. PLANNING/LAND USE & ZONING: A. Resolution No. 93-73: Minor Subdivision Janet Morgan/Mike Henning B. Resolution No. 93-74:Minor Subdivision Jack Hobbs C. Other 8. CITY ENGINEER'S REPORT: A. Request for Street Light:Guardian Angels Church B. Partial Payment #3 MSA ($140,931.30) C. Partial Payment #2:1993 Bituminous Overlays ($99,052,92) D. Other 9. CITY ATTORNEY'S REPORT: 10. CITY COUNCIL REPORTS: A. Mayor John B. Council member Conlin C. Johnson D. Johnston E. Mottaz 11. CITY ADMINISTRATOR'S REPORT: A. Resignation of Mike Black from McCombs, Frank & Roos B. Resignation of Parks Commission Member, Tony Collette C. Other 12. Adjourn