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HomeMy WebLinkAbout09-18-90 CCMDATE APPROVED: 10-2-90 DATE ISSUED: 10-12-90 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 1990 Mayor Dunn called the City Council meeting to order at 7:00 p.m. in the Council chambers. Present: Dunn (departed 8:03 p.m.), Hunt, Williams, Graves, City Engineer Bohrer and Administrator Kuef£ner. Absent: Councilwoman Armstrong 1. AGENDA Add: 8A. Budget, 9A. Recommendation to City Council from Personnel Committee, 9B. Memo from Ham Lake to City Council, 9C. Joint Meeting of Solid Waste Committee and City Council.. Delete: 5D. Request by E. Beaubien to Clean Up Trees M/S/P Graves/Hunt - to approve the September 18, 1990 City Council agenda as amended. (Motion carried 4-0). 2. MINUTES: September 4, 1990 M/S/P Hunt/Williams - to approve the September 4, 1990 City Council minutes as approved. (Motion carried 4-0). 3. CLAIMS M/S/P Williams/Hunt - to approve the September 18, 1990 Claims #93782 thru #93840 as presented. (Motion carried 4-0). 4. REAPP REPORT ReAPP Member Margaret Carlson, introduced Dick and Geri Coller, Eden Prairie who led the fight against the proposed landfill expansion in this area and were successful in getting BPI to pull out and stop this expansion The Collers explained how they used public information and media to inform the public to support their fight and won because of public opinion. Margaret Carlson and Dan Novak reported the members of ReAPP are asking the Council to permit the referendum question to extend the existing landfill referendum for an additional two years to fund a professionally guided public information campaign to oppose the proposed landfill. Carlson noted this is a critical time for action in the ongoing fight against the dump. Once the EIS is concluded, there will be a 90-day public comment period. During this time the media will focus on Lake Elmo and the decision makers will be forced to listen to the people throughout Washington County and the Metro area. ReAPP is proposing a public information campaign to be directed to certain areas of Wash. Cty, park users, and people who signed the petition. The purpose of this effort is to publicize the issue, turn out a large number of people at public hearings, and to apply public pressure to influence Wash. Cty Commissioners to vote against permitting a landfill in the Lake Elmo Park Reserve. LAKE ELMO CITY COUNCIL MINUTES September 18, 1.990 PAGE 2 Elizabeth McDonough at 4711 N. Birchbark Trail, Steven Dahly at 8955 l 15th St. N., Brian Tjosvold at 8890 15th St. N., Susan Sampson at 8940 15th St. N., voiced their support for extension of the referendum in order to provide revenues for a professional informational campaign. The Council received letters from Lill Linder 9255 15th St.N., V. Harnick and Jacqueline Lay at 9417 Jane Ct. N., and Patricia and Michael Weyandt at 8772 Ironwood Trail N stating their support for extension of the referendum. County Commissioner Russ Larkin stated he has been against this landfill and will continue to do all he can to fight this proposed landfill. Larkin added that they are waiting for the EIS, and it was his responsibility to convince two other commissioners to oppose the landfill in the park. M/S/F Williams/Aunt - should the City include a referendum on the ballot in November with the question, "Would the City of Lake Elmo extend a tax rate levy currently in effect for two years to fund a public information campaign to oppose the landfill proposed for the Lake Elmo Park Reserve. (Motion Failed. 2-2: Dunn: We can continue to work with the funds we do have available to implement items REAPP has suggested. I have a problem with accepting extension of the referendum at a time of economic uncertainty. I believe the landfill is going to be stopped on the EIS .level; Graves: Based on conversations with County Board members, I was led to believe they would use the EIS as justification for rejecting this. I. would support using City resources to the best extent possible. I would authorize spending monies for a public information campaign out of the existing referendum funds and would like to see REAPP come with a specific proposal. I would be very receptive to the items suggested by REAPP.) Councilman Hunt volunteered to attend the upcoming REAPP meetings to discuss the campaign budget which will be submitted at the earliest possible time to the City Council. The City Administrator will work with REAPP Members incorporatng ideas and accomplishing a plan. Mayor Dunn left the meeting at 8:03 p.m. to attend an Airport Commission meeting. 5. PLANNING/LAND USE AND ZONING: A. Public Hearing: Guardian Angels Church Variances for Height of Building and Size of Parking Spaces Acting Mayor Williams opened up the public hearing at 8:04 p.m. in the City Council chambers. The Public Hearing notice was published in the St. Croix Valley Press and adjoining property owners were notifed. There was no one to speak for or against the variance requests. Acting Mayor Williams closed the public hearing at 8:07 p.m. LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 3 City Engineer Larry Bohrer reported Thomas Kyllo of McGuire Courteau Lucke Architects, Inc, on behalf of the Church of Guardian Angels, is requesting two variances: (1) to exceed, the maximum 35 foot height limit for structures so that a bell tower can be constructed with the new church; (2) to allow parking spaces to be 9' x 18' rather than the 10' x 20' that is required by code. Bohrer pointed out that height limitations in residential areas are enacted for two reasons: 1. the limitation of fire fighting equipment and 2. to assure neighbors equal access to sunlight, air, and view. The Administrator reported the Fire Chief stated he had no problem with exceeding the 35' height made of non-combustible materials. He noted Woodbury has equipment that they would give them access to the bell tower if it ever caught on fire. Acting Mayor Williams closed the public hearing at 8:07 p.m. M/S/P Hunt/Graves - to grant a variance for a 50' bell tower to Guardian Angels Church, 8260 Hudson Boulevard, based on the following Findings of Fact: (Motion carried 3-0). 1.. That churches typically are allowed bell towers and the requested bell tower of 50' is not unreasonable. 2. That a bell tower is a means of marking the new church as a church. 3. That the non-comformity of the parcel will not be increased by the addition of the bell tower. 4. That any part of the bell tower above 35' must be constructed of non-combustible materials and be defined and designed so as not to be given to temporary human usage for meetings, etc. M/S/P Hunt/Graves - to deny the request for a variance to allow parking space size to be 9' x 18' based on there was no hardship demonstrated. (Motion carried 3-0). B. Public Hearing: Shoreland Permit and Variance to lot size in Shoreland Dist. Frederick Banister Acting Mayor Todd Williams opened up the public hearing at 8:26 p.m. The public, hearing notice was published in the St. Croix Valley Press on September 5, 1990 and adjacent property owners were notified. There was no one to speak for or against the variance request. This was a public hearing to consider the request of Frederick Banister for a variance to the 1-1/2 acre minimum lot size in the Rl Zoning District and within the Shoreland District. The lot is approximately 1.1 acres in size and is a platted lot of record. LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 4 The City Administrator explained the Gay Banister plat was approved prior to the adoption of the minimum 1-1/2 acre lot size. when the City increased its minimum lot size in the R1 Zoning district to 1--1/2 acres, from the previously allowed 1 acre, it made provisions for existing platted lots of. record.. The provision, known as the 60% Rule, permits lots that are already platted to be conforming lots if they meet 60% of 1 1/2 acres or 0.9 acres. This provision was intentionally left out of the R1 Shoreland Overlay District so that the City could determine, at a minimum, that there was sufficient room for adequate sewage treatment. Therefore, all platted single family residential lots of records in the Shorel.and District that do not meet the 1 1/2 acre requirement must have a lot size variance. There are no other variances needed and the DNR has given their approval. The City Engineer indicatd that granting this variance and shoreland permit would not have an adverse affect on the surrounding property owners or the Lake itself. Acting Mayor Williams closed the public hearing at 8:29 p.m. M/S/P Graves/Hunt - to grant a. lot size variance and shoreland permit to Frederick H. Banister on the property legally described as Lot 2, Block 1, Gay S. Banister Addition, based on the following findings of fact: (1) This is a platted lot of record, (2) Applicant has provided proof that there is adequate room for two separate and distinct drainfields, (3) The DNR has indicated it has no problem with this request, (4) There are no other variances required. (Motion carried 3-0). C. Public Hearing: Ken Gatzke/Rossbach Const., 8415 Deer Pond Trail Variance to setback from public road for drainfield Acting Mayor Williams opened up the public hearing at 8:31 p.m. The public hearing notice was published in the St. Croix Valley Press on September 5, 1990 and adjoining property owners were notified. Larry Bohrer reported soil borings and pert, tests have been submitted and reviewed by the engineer and building official. Even though this area is adajcent to Hedges Pond, it is not in a shoreland. area; therefore, shoreland regulations do not apply. The pond is too small and does not appear in the DNR inventory nor in the City's inventory that establishes a shoreland district. The DNR has commented in this regard. Our wetland ordinance does apply because Hedges Pond is considered a wetla.nd. The only setback from a wetland that applies to this case is a 75' setback for the septic system. There is no problem with the lot meeting that 75' setback from the wetland. The additions proposed on the house can all be made within the required setbacks. The septic system needs to be nearer the road because the best soils tested are near the road. There is sufficient setback from the well. The ap licant is requestin a 5' setba kk from the front ro ertt line where �Yie septic system coge requires �0'. `There is a Ho�not� in LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 5 our septic system code that states a variance to this setback can be granted). The building official has reviewed the site and. concurs that this is the best place for the septic system according to the soils. Acting Mayor Williams closed the public hearing at 8:44 p.m. Bohrer would support granting of the variance with the following recommendations: 1. A variance can be granted for a 5' setback to the drainfield from the right-of-way line where 10' is required with the hardship being the suitability of the soils on this lot dictate that this is the best location. 2. A bed system is proposed and is allowed as a replacement system to a failed existing system. The bed dimensions should be 10' wide x 80' long based on the sewage flow requirements of a 4-bedroom home. 3. The front propertyline should be staked by a surveyor if the existing pins are not in place. Reasons for this: the drainfield will only be 5' away so even a small variation could have an impact and the propertyline is not straight. 4. The Building Official should be present when the system is laid out before the actual. digging starts to verify the propertyline and the setback. M/S/P Graves/Hunt - to grant Ken Gatzke, 8415 Deer Pond Trail, a 5' variance for the purpose of constructing a new drainfield based on the hardship being the suitability of the soils on this lot dictated this is the best location; contingent, upon the applicant meeting the recommendations presented by the City Engineer, and based on the Findings of Fact: (1) there are no additional bedrooms being proposed so no additional sewage flow will be generated, (2) no other variances are required, (3) this application is not covered under DNR review, (4) the applicant will be repairing his existing septic tank, and (4) the system should not encroach on the right-of-way in case of future roadwork. (Motion carried 3-0). D. Everet Beaubien: Request to Clean Up Trees in Sunfish Park The applicant requested this item be deleted from the agenda. LAKE ELMO CITY COUNCIL, MINUTES September 18, 1990 PAGE 6 6. CITY ENGINEER'S REPORT A. Public Water Supply - Update on Pipe Size and Number of Hydrants At the August 14, 1990 public hearing to consider fire protection along the route of the SW-1 watermain system, Larry Bohrer noted the general consensus was that fire protection was too expensive as proposed. Some suggestions were to install the large pipes now so that hydrants could be added in the future, increase the spacing of the hydrants, or increase the assessable area. Bohrer recommended the increased main size and some type of fire protection. If the City desires fire protection, the City should request an amendment to the Oakdale agreement and the Council should consider the lower cost option and/or increased assessment area. Councilman Williams noted he did not hear at the public hearing an outcry for fire protecion, but did hear people asking for houses to be hooked up. The Comp Plan states we are going to be private well and septic system until at least the year 2010, and he felt we are now getting away from the intent of providing safe drinking water to the 81 homes in the well advisory area. Councilman Graves commented he was not sure this groundwater contamination is limited to the existing area because they have seen expansion this last year. If in the future the contamination has expanded outside of this area, we would have to replace the pipes with larger capacity pipes to provide safe drinking water. As representatives of the community Graves felt they have an obligation to take advantage of an opportunity to provide the extra protection that the fire hydrants would give these people. Graves suggested we contact Oakdale about fire protection and hold a public hearing on Alternate No. 2 as described in the Engineers's .letter dated September 18, 1990. If there is further contamination beyond the existing area, Councilman Hunt noted the Counties are responsible for cleanup. There were only a few residents at the public hearing that stated they would be in favor of oversizing the pipes for fire protection if the City could pay for it. Our goal is to provide a safe water supply for the residents in the contaminated area, and not get carried away to put a water system for the entire area. He would be willing to hold a public hearing on Alternate No. 2. M/No Second Graves/No Second - to direct the City staff, with the support of the City Engineer, to approach Oakdale to increase the service area and fire fighting flow rate as an amendment to the contract and schedule a public hearing to discuss the Alternate No. 2. as stated in Larry Bohrer's letter. Councilman Williams explained he could not second the motion because he had a philosophical problem in expanding the municipal water system beyond a specific preblen area, based on the comp plan which states are will not provide city water and sewer to any areas outside the MUSA, LAKE ELMO CITY COUNCIL MINUTES September 18, 1.990 PAGE 7 The problem with putting in larger pipes is we are saying we will hook up more people. Williams stated he didn't want to put the City into a position where we have people fighting over who is going to get hooked up to water and felt it would be better to address a specific problem and state that we are not going to allow anybody else to hookup who does not already exist in the well advisory area. The people in the expanded service area are protected by the Counties if future pollution is shown coming from the landfill. Williams stated he would be in favor of holding a public hearing, listening to the public if they want fire protection, but would not be in favor of oversizing the pipes to hookup additional people. In response to the question if the pipes were oversized, how many additional homes could be hooked up, Bohrer responded the ultimate system was designed not only for the 81 homes, but for the infilling of approx. 150 homes at full development under the current RED 'Zoning. With the larger pipe, we could service 300 homes. If. we get requests to hook up, we have to evaluate if there is sufficient capacity remaining for these areas that have to be infilled. M/S/P Graves/Hunt - to direct the City staff to draft a proposed amendment to the August 14th water agreement with Oakdale to increase the amount of water Oakdale supplies which would amend Exhibit A which references pipe size and add a new paragraph to cover the increased fire fighting flow rate. This direction is contingent upon Oakdale's willingness to amend this contract and for the City Council. to make a decision on this proposed amendment within 60 days. (Motion carried 3-0). B. Assessment Hearings for Improvement of 31st Street and Lampert Avenue At their September 4th meeting, the Council set an assessment hearing date for October 2nd for improvements of 31st Street and Lampert Avenue. Bohrer handed out copies of the two public hearing notices that were published and the proposed assessment roster for the Lampert Avenue project. 7. CITY ATTORNEY'S REPORT: A City Attorney's report was not presented. 8. CITY COUNCIL REPORTS: A. Budget Councilman Williams reported the Council heard from the heads of the Public Works and Fire Dept, and received the suggested revisions from the Finance Director and Budget Committee. They asked the CIP Plan and Pay Plan be placed on the October 2nd City Council agenda for review in order for the Finance Director to draft the final budget for the public hearing. LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 8 9. CITY ADMINISTRATOR'S REPORT: A. Recommendation to City Council from Personnel Committee on Pay Plan The City Administrator submitted a copy of the pay plan recommended by the Personnel Committee. The Council was asked to review the plan and call the Committee or City Administratoifwith their questions. B. Letter from Marilyn Schultz, Mayor of Ham Lake The Council received a letter from the Mayor of Ham Lake in regard to the HUD -FHA loans in Metro Rural Area and asking the City's support in reversing the recently imposed exclusion from FHA loan approval in our areas for homes on less than 10 acres. The Council will discuss this item at their October 2nd meeting. C. There will be a joint meeting between the City Council and the Solid Waste Committee on Wednesday, September 19tb, at City Hall. M/S/P Graves/Hunt - to adjourn the City Council meeting at 10:15 p.m. (Motion carried 3-0). ASSESSMENT ROLL 0 0— cT" 31ST STREET FROM STILLWATER BOULEVARD (CSAH 5) TO TH 5 LAKE ELMO, MINNESOTA Property ID No. Name/Address Units Assessment 37015-5100 Stephens and Barr Chlebeck 9018-31st Street North, Lake Elmo, MN 55042 37015-2710 Daniel A. & Maxine Dickhausen Michael Dickhausen, Jr. 4210 Freidrich Road 9051-31st Street North Lake Elmo, MN 55042 Lake Elmo, MN 55042 37015-3250 John A. & Karyn Sandstrom 9077-31 st Street North, Lake Elmo, MN 55042 37015-3350 Herman & Pearl Dornfeld; and William & Joan Moszer 13900-22nd Street Court 9095-31st Street North Stillwater, MN 55082 Lake Elmo, MN 55042 37015-4100 & 37015-3950 37015-4200 & 37015-3800 '37015-3650 37015-3850 37015-4300 Theodore & Mary Sterbenk 9141-31st Street North, Lake Elmo, MN 55042 Arthur & Gloria Knoblauch 9181-31st Street North, Lake Elmo, MN 55042 Earl Friedrich 9255-31st Street North, Lake Elmo, MN 55042 Paul & Charlene Friedrich 9343-31 st Street North, Lake Elmo, MN 55042 Arlene F. Donnell; and 9345-31 st Street North Lake Elmo, MN 55042 Jimmy & Nancy Friedrich 9345-31st Street North Lake Elmo, MN 55042 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 200.00 200.00 200.00 200.00 200.00 200.00 �, ')13 200.00 CITY OF LAKE ELMO City of Lake Elmo 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 NOTICE OF HEARING ON PROPOSED ASSESSMENT September 17, 1990 TO WHOM IT MAY CONCERN: Notice is hereby given that the Lake Elmo City Council will meet at 7:30 p.m. on Tuesday, October 2, 1990 at the City Hall to pass upon the proposed assessment for Bituminous Patching and Overlay Construction on the following streets: 31st Street from Stillwater Boulevard (CSAH 6) to TH 5. The area proposed to be assessed for the improvements is each parcel which abuts the streets or is benefitted by the improvements. The amount to be specially assessed against your particular lot, piece or parcel of land is $200.00. You may at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Lake Elmo. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City of Lake Elmo the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged thibugh December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 8 percent per year over two years. The proposed assessment roll is on file for public inspection at the city clerk's office. The total amount of the proposed assessment is $4,800.00. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The City Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes 429.081 by serving notice of the appeal upon the Mayor or City Clerk of the city within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. Mary Kueffner City Clerk -Administrator NOTICE OF HEARING ON PROPOSED ASSESSMENT September 17, 1990 TO WHOM IT MAY CONCERN: Notice is hereby given that the Lake Elmo City Council will meet at 7:30 PM on Tuesday, October 2, 1990, at the City Hall to pass upon the proposed assessment for Bituminous Patching and Overlay Construction on the following streets: 31 st Street from Stillwater Boulevard (CSAH 6) to TH 5. The area proposed to be assessed for the Improvements is each parcel which abuts the streets or is benefitted by the improvements. The amount to be specially assessed against your particular lot, piece, or parcel of land is $200.00. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with Interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply Is 8 percent per year over two years. The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the proposed assessment is $4,800.00. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The City Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. Mary Kueffner City Clerk -Administrator NOTICE OF HEARING ON PROPOSED ASSESSMENT September 17, 1990 TO WHOM IT MAY CONCERN: Notice is hereby given that the Lake Elmo City Council will meet at 7:30 PM on Tuesday, October 2, 1990, at the City Hall to pass upon the proposed assessment for Bituminous Patching and Overlay Construction on the following streets: Lampert Avenue from 32nd Street to 33rd Street The area proposed to be assessed for the improvements is each parcel which abuts the streets or is benefitted by the improvements. The amount to be specially assessed against your particular lot, piece, or parcel of land is $ . You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Clerk. No Interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 8 percent per year over five years. The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the proposed assessment is $10,475.00. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The City Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. Mary Kueffner City Clerk -Administrator Preliminary Assessment Role Name No of Units Proposed Assessment Krongard 1 /2 $436.50 Riebe 1 $873.00 Risenhoover 1 $873.00 Nietzel 1 $873.00 Johnson 1 $873.00 Madson 1 $873.00 Reed 1 $873.00 Vandenbranden 1 $873.00 Stanich 1 $873.00 Wagner 1 $873.00 Smith 1 $873.00 Jechort 1/2 $436.50 -4- 9150-000 ASSESSMENT ROLL 31ST STREET FROM STILLWATER BOULEVARD (CSAH 5) TO TH 5 LAKE ELMO, MINNESOTA Property ID No Name/Address Units Assessment 37015-3300 & Katherine L. Jarosch 1.0 $200.00 37015-3400 9260-31st Street North, Lake Elmo, MN 55042 37015-3450 & Mabel Neurer, c/o Eugene M. Neurer, 1.0 200.00 37015-4250 9240-31 st Street North, Lake Elmo, MN 55042 37015-3500 Thomas and Michelle Arcand 1.0 200.00 9202-31 st Street North, Lake Elmo, MN 55042 37015-3600 Douglas Magnuson and and K.A. Weis 1.0 200.00 9198-31 st Street North, Lake Elmo, MN 55042 37015-4000 Donald A. and Joan Defender 1.0 200.00 9148-31st Street North, Lake Elmo, MN 55042 37015-2550 Peggy J. Friedrich; and Thomas R. Friedrich 1.0 200.00 9077-31 st Street North 9098-31 Street North Lake Elmo, MN 55042 Lake Elmo, MN 55042 37015-3000 Susan M. Heil 1.0 200.00 9078-31 st Street North, Lake Elmo, MN 55042 37015-2750 Joseph and Andrea Riedl 1.0 200.00 9066-31 st Street North, Lake Elmo, MN 55042 37015-2800 Keith and Susan L. Weland 1.0 200.00 9046-31 st Street North, Lake Elmo, MN 55042 iJ� 37015-2600 William and Ellen Hughes 1.0 200.00 , 3 9038-31st Street North, Lake Elmo, MN 55042 ASSESSMENT ROLL 31ST STREET FROM STILLWATER BOULEVARD (CSAH 5) TO TH 5 LAKE ELMO, MINNESOTA Propedy ID No Name/Address Units Assessment 37015-4305 Joseph Kaiser and Gary & Mary Jane Togerson 1.0 200.00 Pat Titus 9445-31 st Street North 1125 Ripley Lake Elmo, MN 55042 Maplewood, MN 55128 37015-2650 Gordon D. & Jean A. Larson 1.0 200.00 3052 Jamley, Lake Elmo, MN 55042 Q 37021-2800 William Proulx 1.0 200.00 8863 Stillwater Boulevard, Lake Elmo, MN 55042 ASSESSMENT ROLL LAMPERT AVENUE FROM 32ND STREET TO 33RD STREET LAKE ELMO, MINNESOTA Property ID No Name/Address Units Assessment 37013-2060 Paul and Jane Murphy 0.5 $347.28 n U/ 11057-33rd Street North, Lake Elmo, MN 55042 37440-3750 Hugh and Marilyn Madson 1.0 694.56 f� 11060-32nd Street North, Lake Elmo, MN 55042 2 37440-3900 Frieda Riebe 1.0 694.56 3327 Lampert Avenue North, Lake Elmo, MN 55042 37440-3950 Natalie Risenhoover 1.0 694.56 03309 Lampert Avenue North, Lake Elmo, MN 55042 �- (- 37440-4000 R. Scott and Heide Nietzel /,0 0 694.56 3291 Lampert Avenue North, Lake Elmo, MN 55042 37440-4300 Wilmer and Harriet Arndt 1.0 694.56 3315 Lampert Avenue North, Lake Elmo, MN 55042 y 37681-2100 Corrine Reed 1.0 694.56 11020-32nd Street North, Lake Elmo, MN 55042 37681-2150 Kurt Vanden Branden 1.0 694.56 11008-32nd Street North, Lake Elmo, MN 55042 37440-4350 Randall and Linda Wagner 1.0 694.56 3286 Lampert Avenue North, Lake Elmo, MN 55042 37681-2000 Gregory and Susan Stanich 1.0 694.56 3268 Lampert Avenue North, Lake Elmo, MN 55042 ASSESSMENT ROLL LAMPERT AVENUE FROM 32ND STREET TO 33RD STREET LAKE ELMO, MINNESOTA ProWrty ID No Name/Address Units Assessment 37440-4150 Lillian Smith 1.0 694.56 3330 Lampert Avenue North, Lake Elmo, MN 55042 37440-4100 Mark and Jane Jechort 0.5 347.28 11035-33rd Street North, Lake Elmo, MN 55042 37440-3850 Leonard and Sharon Johnson 1.0 694.56 3271 Lampert Avenue North, Lake Elmo, MN 55042 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 1990 Mayor Dunn called the City Council meeting to order at 7:00 p.m. in the Council chambers. Present: Dunn (departed 8:03 p.m.), Hunt, Williams, Graves, City Engineer Bohrer and Administrator Kuef£ner. Absent: Councilwoman Armstrong 1. AGENDA Add: 8A. Budget, 9A. Recommendation to City Council from Personnel Committee, 9B. Memo from Ham Lake to City Council, 9C. Joint Meeting of Solid Waste Committee and City Council. Delete: 5D. Request by E. Beaubien to Clean Up Trees M/S/P Graves/Hunt - to approve the September 18, 1990 City Council agenda as amended. (Motion carried 4-0). 2. MINUTES: September 4, 1990 M/S/P Hunt/Williams - to approve the September 4, 1.990 City Council minutes as approved. (Motion carried 4-0). 3. CLAIMS M/S/P Williams/Hunt - to approve the September 18, 1990 Claims #93782 thru #93840 as presented. (Motion carried 4-0). 4. REAPP REPORT ReAPP Member Margaret Carlson, introduced Dick and Geri Coller, Eden Prairie who led the fight against the proposed landfill expansion in this area and was successful in getting BFI to pull out and stop this expansion The Collers' explained how they used public information and media to inform the public to support their fight and won because of public opinion. Margaret Carlson and Dan Novak reported the members of ReAPP are asking the Council to permit the referendum question to extend the existing landfill referendum for an additional two years to fund a professionally guided public information campaign to oppose the proposed landfill. Carlson noted this is a critical time for action in the ongoing fight against the dump. Once the EIS is concluded, there will be a 90-day public comment period. During this time the media will focus on Lake Elmo and the decision makers will be forced to listen to the people throughout Washington County and the Metro area. ReAPP is proposing a public information campaign to be directed to certain areas of Wash. Cty, park users, and people who signed the petition. The purpose of this effort is to publicize the issue, turnout large number of people at public hearings, and to apply public pressure to influence Wash. Cty Commissioners to vote against permitting a landfill in the Lake Elmo Park Reserve. LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 2 ( Elizabeth McDonough at 4711 N. Birchbark Trail, Steven Dahly at 8955 15th St. N., Brian Tjosvold. at 8890 15th St. N., Susan Sampson at 8940 15th St. N., voiced their support for extension of: the referendum in order to provide revenues for a professional informational campaign. The Council received letters from Lill. Linder 9255 15th St.N., V. Harnick and Jacqueline Lay at 9417 Jane Ct. N., and Patricia and Michael Weyandt at 8772 Ironwood Trail N stating their support for extension of the referendum. County Commissioner Russ Larkin stated he has been against this landfill and will continue to do all he can to fight this proposed landfill. Larkin added that they are waiting for the EIS, and it was his responsibility to convince two other commissioners to oppose the landfill in the park. M/S/F Williams/Hunt - to include a referendum on the ballot in November with the question, "Would the City of Lake Elmo extend a tax rate levy currently in effect for two years to fund a professionally guided public information campaign to oppose the landfill proposed for the Lake Elmo Park Reserve: (Motion Failed 2-2: Dunn: We can continue to work with the funds we do have available to implement items REAPP has suggested. I have a problem with accepting extension of the referendum at a time of economic uncertainty. I believe the landfill is going to be stopped on the EIS level; Graves: Based on conversations with County Board members, I was lead to believe they would use the EIS as justification for rejecting this. I would support using City resources to the best extent possible. I would authorize spending monies for a public information campaign out of the existing referendum funds and would like to see REAPP come with a specific proposal. I would be very receptive to the items suggested by REAPP.) Councilman Hunt volunteered to attend the upcoming REAPP meetings to discuss the campaign budget which will be submitted at the earliest possible time to the City Council. The City Administrator will work with REAPP Members incorporatng ideas and accomplishing a plan. 5. PLANNING/LAND USE AND ZONING: A. Public Hearing: Guardian Angels Church Va.riances for Height of Building and Size of Parking Spaces Acting Mayor Williams opened up the public hearing at 8:04 p.m. in the City Council chambers. The Public Hearing notice was published in the St. Croix Valley Press and adjoining property owners were notifed. There was no one to speak .for or against the variance requests. LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 3 City Engineer Larry Bohrer reported Thomas Kyllo of McGuire Courteau Lucke Architects, Inc. on behalf of the Church of Guardian Angels, is requesting two variances: (1) to exceed the maximum 35 foot height limit for structures so that a bell tower can be constructed with the new church; (2) to allow parking spaces to be 9' x 18' rather than the 10' x 20' that is required by code. Bohrer pointed out that height limitations in. residential areas are enacted for two reasons: 1. the limitation of fire fighting equipment. and 2. to assure neighbors equal access to sunlight, air, and view. The Administrator reported the Fire Chief stated he had no problem with exceeding the 35' height made of non-combustible materials. He noted Woodbury has equipment that they would give them access to the bell tower if it ever caught on fire. Acting Mayor Williams closed the public hearing at 8:07 p.m. M/S/P Hunt/Graves - to grant a variance for a 50' bell tower to Guardian Angels Church, 8260 Hudson Boulevard, based on the following Findings of Fact: (Motion carried 3-0). 1. That churches typically are allowed bell towers and the requested bell tower of 50' is not unreasonable. 2. That a bell tower is a means of marking the new church l as a church. 3. That the non-comformity of the parcel will, not be increased by the addition of the bell tower. 4. That any part of the bell tower above 35' must be constructed of non-combustible materials and be defined and designed so as not to be given to temporary human usage for meetings, etc. M/S/P Hunt/Graves - to deny the request for a variance to allow parking space size to be 9' x 18' based on there was no hardship demonstrated. (Motion carried 3-0). B. Public Hearing: Shoreland Permit and Variance to lot size in Shoreland Dist. Frederick Banister Acting Mayor Todd Williams opened up the public hearing at 8:26 p.m. The public hearing notice was published in the St. Croix Valley Press on September 5, 1990 and adjacent property owners were notified. There was no one to speak for or against the variance request. This was a public hearing to consider the request of Frederick Banister for a variance to the 1-1/2 acre minimum lot size in the R1 Zoning District and within the Shoreland District. The lot is approximately 1.1. acres in size and is a platted lot of record. The City Administrator explained the Gay Banister plat was approved prior to the adoption of the minimum 1-1/2 acre lot sizea LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 4 City increased its minimum lot size from 1 acre to 1-1/2 acres, it made provisions to cover previously platted lots in the R1 Zoning District. This provision known as the 60% Rule allows lots that are 60% of 1-1/2 acres to be "legal" lots without the need of a variance. There are no other variances needed and the DNR has given their approval. The City Engineer indicatd that granting this variance and shoreland permit would not have an adverse affect on the surrounding property owners or the Lake itself. Acting Mayor Williams closed the public hearing at 8:29 p.m. M/S/P Graves/Hunt - to grant a shoreland permit and a lot size variance in an Rl Zoning District based on the following findings for the purpose of constructing a new single family residence to Frederick H. Banister on property legally described as Lot 2, Block 1 of Gay S. Banister Addition: (1) Conforms to the provision known as the 60% Rule which allows lots that are 60% of 1-1/2 acres to be legal lots without the need of a variance, (2) Appers to be more than adequate room for two separate and distinct drainfi.elds, (3) DNR had no concern with this request, (4) No other variances are required. (Motion carried 3-0). C. Public Hearing: Ken Gatzke/Rossbach Const., 8415 Deer Pond Trail Variance to setback from public road for drainfield Acting Mayor Williams opened up the public hearing at 8:31 p.m. The public hearing notice was published in the St. Croix Valley Press on September 5, 1990 and adjoining property owners were notified. Larry Bohrer reported soil borings and perc tests have been submitted and reviewed by the engineer and building official. Even though this area is adjacent to Hedges Pond, it is not in a shoreland area; therefore, shoreland regulations do not apply. The pond is too small and does not appear in the DNR inventory nor in the City's inventory that establishes a shoreland district. The DNR has commented in this regard. Our wetland ordinance does apply because it is considered a wetland. The only setback from a wetland that applies to this case is a 75' setback for the septic system. There is no problem with the lot meeting that 75' setback from the wetland. The additions proposed on the house can all. be made within the required setbacks. The septic system needs to be nearer the road because the best soils tested is near the road. There is sufficient setback from the well. The applicant is requesting a 5' setback from the front property line where the septic system code requires 10'. (There is a footnote in our septic system code that states a variance to this setback can be granted). The building official has reviewed the site and concurs that this is the place for the septic system according to the soils. Acting Mayor Williams closed the public hearing at 8:44 p.m. LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 5 Bohrer would support granting of the variance with the following recommendations: 1. A variance can be granted for a 5' setback to the drainfield from the right-of-way line where 10' is required with the hardship being the suitability of the soils on this lot dictate that this is the best location. 2. A bed system is proposed and is allowed as a replacement system to a failed existing system. The bed dimensions should be 10' wide x 80' long based on the sewage flow requirements of a 4-bedroom home. 3. The front propertyline should be staked by a surveyor if the existing pins are not in place. Reasons for this: the drainfield will only be 5' away so even a small variation could have an impact and the propertyline is not straight. 4. The Building Official should be present when the system is laid out before the actual digging starts to verify the propertyline and the setback. M/S/P Graves/Hunt - to grant Ken Gatzke, 8415 Deer Pond Trail, a 5' variance for the purpose of constructing a new drainfield based on the hardship being the suitability of the soils on this lot dictated this is the best location; contingent, upon the applicant meeting the recommendations presented by the City Engineer, and based on the Findings of Fact: (1) there are no additional bedrooms being proposed so no additional sewage flow will be generated., (2) no other variances are required, (3) this application is not covered under DNR review, (4) the applicant will be repairing his existing septic tank, and (4) the system should not encroach on the right-of-way in case of future roadwork. (Motion carried 3-0). D. Everet Beaubien: Request to Clean Up Trees in Sunfish Park The applicant requested this item be deleted from the agenda. 6. CITY ENGINEER'S REPORT: A. Public Water Supply - Update on Pipe Size and Number of Hydrants At the August 14, 1990 public hearing to consider fire protection along the route of the SW-1 watermain system, Larry Bohrer noted the general consensus was that fire protection was too expensive as proposed. Some suggestions were to install the large pipes now so that hydrants could be added in the future, increase the spacing of the hydrants, or increase the assessable aree. Bohrer recommended the increased main size and some type of fire protection. If the City desires fire protection, the City should request an amendment to the Oakdale agreement and the Council consider lower cost and/or increased assessment area. LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 6 Councilman Williams noted he did not hear at the public hearing an outcry for fire protecion, but did hear people asking for houses to be hooked up. The Comp Plan states we are going to be private well and septic system until year 2010 andl'?felt we are now getting away from the intent of providing safe drinking water to the 81 homes in the well advisory area. Councilman Graves commented he was not sure this groundwater contamination is limited to the existing area because they have seen expansion this last year. If in the future the contamination has expanded outside of this area, we would have to replace the pipes with larger capacity to provide safe drinking water. As representatives of the community, Graves felt they have an obligation to take advantage of an opportunity to provide the extra protection that the fire hydrants would give these people. Graves suggested we contact Oakdale about fire protection and hold a public hearing on Alternate No. 2 as described in the Engineers's letter dated September 18, 1990. If there is further contamination beyond the existing area, Councilman Hunt noted the Counties are responsible for cleanup. There were only a few residents at the public hearing that stated they would be in favor of oversizing the pipes for fire protection if the City could pay for it. Our goal is to provide a safe water supply for the residents in the contaminated area, and not get carried away to put a water system for the entire area. He would be willing to hold a public hearing on Alternate No. 2. M/No Second Graves/No Second - to direct the City staffwith the support of the City Engineer to approach Oakdale to increase the service area and fire fighting flow rate as an amendment to the contract and schedule a public hearing to discuss the Alternate No. 2 as stated in Larry Bohrer's .letter. Councilman Williams explained he could not second the motion because he had a philosophical problem in expanding the municipal water system beyond a specific problem area based on the comp plan which states we will not provide city water and sewer to any areas outside the MUSA. The problem with putting in .larger pipes, we are saying we will hook up more people. Williams stated he didn't want to put the City into a position where we have people fighting over who is going to get hooked up to water and felt it would be better to address a specific problem and state that we are not going to allow anybody else to hookup who does not already exist in the well advisory area. The people in the expanded service area are protected by the Counties if pollution is shown coming from the landfill. Williams stated he would be in favor of holding a public hearing, listening to the public if they want fire p(otection, but would not be in favor of oversizing the pipes to hookup additional people. LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 PAGE 7 In response to the question if the pipes were oversized, how many additional homes could be hooked up, Bohrer responded the ultimate system was designed not only for the 81 homes, but for the infilling of approx. 150 homes at full development under the current RED Zoning. With the larger pipe, we could service 300 homes. If we get requests to hook up, we have to evaluate if there is sufficient capacity remaining for these areas that have to be infilled. M/S/P Graves/Hunt -- to direct the City staff to draft a proposed amendment to the August lath water agreement with Oakdale to increase the service area and fire fighting flow rate which would amend Exhibit A which references pipe size and add a new paragraph to cover the fire fighting flow rate. This direction is contingent upon Oakdale's willingness to amend this contract and for the City Council to make a decision on this proposed amendment within 60 days. (Mot -ion carried 3-0). B. Assessment Hearings for Improvement of 31st Street and Lampert Avenue At their September 4th meeting, the Council set an assessment hearing date for October 2nd for improvements of 31st Street and Lampert Avenue. Bohrer handed out copies of the two public hearing notices that were published and the proposed assessment roster for the Lampert Avenue project. 7. CITY ATTORNEY'S REPORT: A City Attorney's report was not presented. 8. CITY COUNCIL REPORTS: A. Budget Councilman Williams reported the Council heard from the heads of the Public Works and. Fire Dept. and received the suggested. revisions from the Finance Director and Budget Committee. They asked the CIP Plan and Pay Plan be placed on the October 2nd City Council agenda for review in order for the Finance Director to draft the final. budget for the public hearing. 9. CITY ADMINISTRATOR'S REPORT: A. Recommendation to City Council from Personnel Committee on Pay Plan The City Administrator submitted a copy of the pay plan recommended by the Personnel Committee. The Council was asked to review the plan and call the Committee or City Administratovwith their questions. LAKE ELMO CITY COUNCIL MINUTES September 18, 1990 B. Letter from Marilyn Schultz, Mayor of Ham Lake i PAGE 8 The Council received a letter from the Mayor of Ham Lake in regard to the HUD -FHA loans in Metro Rural Area and asking the City's support in reversing the recently imposed exclusion from FHA loan approval in our areas for homes on less than 10 acres. The Council will discuss this item at their October 2nd meeting. C. There will be a joint meeting between the City Council and the Solid Waste Committee on Wednesday, September 19th, at City Hall. M/S/P Graves/IIunt - to adjourn the City Council meeting at 10:15 p.m. (Motion carried 3-0). September 18, 1990 Lake Elmo City Council City Hall Lake Elmo, Minnesota 55042 Dear City Council Members: I feel the fight against the proposed landfill in the Lake Elmo Regional Park is very serious. I feel it is imperative that the park remain a park reserve and NOT A DUMP! My husband and I both feel very strongly that the referendum should be extended another two years in order to create revenues for fighting this worthy cause. The amount individually will not break the bank for anybody, but collectively can help defer the amount of this costly battle to stop this disaster. Please take the necessary measure to help the REAPP cause to fight the dump in whatever possible. Sincerely, ! . - 7 Patricia A. Weyandt MIchael J. Weyandt 8772 Ironwood Trail No. Lake Elmo, MN 55042 779-6366 al—J ALI AIP ¢cclaa,Fiizeea- .Go �7�C.Gc�P-P ,(i�2. .�.�z.�i✓ � �c-2i . G� C G'�i�'C, /n� i2� ydGY/t��. �� .� C�ui✓ /�to �c� D�Za � ,.���✓f.Ga�c� cII2 G�izZi�rz�,ca.Z�o-�c� a� ,�1�.GO��icr�, 0 yass is th �1a. CLAIMS TO BE APPROVED AT SEPTEMBER 18, 1990 LAKE ELMO COUNCIL MEETING (all claims are within budget unless otherwise noted) 93782 Colorado APWA Snow & Ice Conf. - Dan (approved 9/4) $ 120.00 93783 Hobbit Travel - Dan's conference 134.00 93784 City of Stillwater - League meeting & dinner 56.00 93785 Cleaning - Fire Hall $ 11.55 Office 17.33 28.88 93786 Postmaster - Haz Waste bulk mailing (reimbursed by County) 222.20 93787 thru 93791 Compost Workers 228.00 93792 Postmaster - postage meter 400.00 93793 Press Publications - legal publications 793.28 93794 Chapin Publishing Co. - legal publications 161.50 93795 Internat'1 Institute of Municipal Clerks - subscription 7.95 93796 D. C. Hey - Copy machine maint, agreement 134.94 93797 Rose Floral - Bouthilet flowers 44.00 93798 American Typewriter - office supplies 136.84 93799 Voto, Tautges, Redpath (invoice attached) 269.50 93800 TKDA - General $ 1,516.62 Pass Thru 828.66 MSA 4,736.71 SW-1 245.74 7,327.73 93801 Springsted - Bonding costs 8,249.96 93802 Hagberg's Country Mkt. - Office $ 16.09 Fire 38.58 54.67 93803 Elmo's Lumber & Plywood - Fire Dept.-Frdg maint. 19.73 >3804 Brookman Motor Sales - Fire Dept, truck repair 124.95 93805 Dan Olinger - Fire Dept. truck repair 435.00 93806 Reed's Sales & Service - Fire Dept, truck repair 316.10 93807 Lake Elmo Oil - Fire Dept. $ 308.04 Bldg. Insp. 188.22 Maint. Dept. 1,068.15 1,564.41 93808 Clyde Durand - reimb, for bldg. permit change 68.00 93809 St. Croix Animal Shelter - August impounding 80.00 93810 City of North St. Paul - Animal control vehicle 165.00 93811 Garelick Steel Co. - Maint. Dept. parts & repair 22.00 93812 Crysteel - Maint. Dept. parts & repair 99.50 93813 Truck Utilities - Maint. Dept. parts & repair 26.16 93814 T.J. Auto Parts - Maint. Dept, parts & repair 185.92 93815 Action Rental - Maint. Dept. concrete 65.72 93816 CEI - Maint. Dept. airless jackhammer 189.32 93817 F.H. Bathke - Maint. Dept, supplies 4.80 93818 Gopher State One -Call - Maint. Dept. 50.80 93819 Glenwood Inglewood - Maint. Dept. 25.45 93820 Junker Sanitation - Maint. Dept. dumpster 63.60 93821 Ace Hardware - Maint. Dept, supplies 1.47 93822 Zack's Ind. Cleaning Supplies - Maint. Dept. 71.25 93823 Arrow Building Center - Parks Dept. 18.88 93824 James Sachs - Fire Dept, office work 82.00 93825 Metro Waste Control Com - Oct. sewer service chg. 90.24 93826 thru ( 13840 September 21st payroll 10,085.08 Total $ 32,224 83 VOTO, TAUTGES, REDPATH & CO., LTD. ^ . '7� 5«. Alt;;416, CERTIFIED PUBLIC ACCOUNTANTS Birch Lake Professional Building • 1 310 E. Hwy. 96 *White Bear Lake, MN 55110 s Fax (612) 426-5004 • Phone(612) 426-3263 ROBERT I. VO'r0. CPA ROBERT G. TAUTCES. CPA TAMES S. REDPATFI, CPA D. KENNETH GEORCE CPA DAVID I. MOL, CPA August 31, 1990 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 For professional services rendered: • Review of Annual Audit with City Council. • Letter Clarifying Impact of Commercial Development on Tax Base of City. PARTNER: Robert G. Tautges 3-1/2 Hours @ $77.00 $ 269,50 TOTAL BILLING $ 269.50 I hereby certify that the above claim is just and correct and that no part of it has been previously paid. Robert G. Vice Preside MEMBERS OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS • PRIVAIt CUMPANIU YKAI.IH.t stl llury MINNESOTA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MUNICIPAL FINANCE OFFICERS ASSOCIATION 0 MINNESOTA ASSOCIATION OF SCHOOL, BUSI NESS OFFICIALS f INVOICE �m KDA TOLTZ, KIND, DUVALL, ANDERSON AND ASSOOIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERIOAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101.1893 81 =2-0400 FAX 01 M2.0083 City of Lake Elmo Date: August 31, 1990 P.O. Box J Commission No: 9150-990 Lake Elmo, MN 55042 Invoice No: 013037 Period Ending: 07/31/90 For Professional. Services in connection with Attendance at City Meetings, Agreement dated February 2, 1988. July 17, 1990 _J L. Bohrer - City Council Meeting 50.00 AMOUNT DUE ........................... $ 50.00 /J 5�/6.G-2, '? �7 I.GG .3,27, 73 State of Minnesota ) ss County of Ramsey ) 4 1990 Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED 0 INVOICE TKINGOLDUVTZ,ALL,ANDERSON IUIDMANOASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2600 AMERICAN NATIONAL SANK SUILOINO SAINT PAUL, MINNESOTA 55101.1693 61212924400 FAX W0292-0093 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Date: August 31, 1990 Commission No: 9150-000 Invoice No: 013035 Period Ending: 07/31/90 For General Engineering Services as listed below. Authorization dated February 2, 1988. 1. Packard Park 3rd Addition; L. Bohrer 0.50 Hrs. @ 25.53 = 12.77 M. Lynch 10.00 Hrs. @ 13.85 = 138.50 T. Prew 4.50 Hrs. @ 17.31 = 77.90 229.17 x 2.75 = 630.22 Expenses: M. Lynch - Travel 11.20 T. Prew - Travel 11.70 2. The Meadows: L. Bohrer 2.00 Hrs. @ 25.53 = 51.06 x 2.75 = 140.42 3. Guardian Angels - Site Plan Review; L. Bohrer 0.50 Hrs. @ 25.53 = 12.77 x 2.75 = 35.12 4. Federal Land Comyany - Trial Preparation: L. Bohrer 4.50 Hrs. @ 25.53 = 114.89 x 2.75 = 315.95 Expenses: L. Bohrer - Travel 19.50 5. 31st Street Overly - Feasibility Studv:- L. Bohrer 5.50 Hrs. @ 25.53 = 140.42 x 2.75 = 386.16 6. 201 Appeal to EPA: L. Bohrer 6.00 Hrs. @ 25.53 = 153.18 x 2.75 = 421.25 Expenses: L. Bohrer - Travel 7.80 7. MUSAMUSA Boundary Chancre Investigation: L. Bohrer 2.00 Hrs. @ 25.53 = 51.06 x 2.75 = 140.42 Page 2 INVOICE 8. CSAH 35 (50th Street) Plan Review: L. Bohrer 0.50 Hrs. @ 25.53 = 9. MSA Maintenance Recommendations: L. Bohrer 1.00 Hrs. @ 25.53 = Commission No 12.77 x 2.75 = 25.53 x 2.75 = 10. Lower 33rd Street - Speed Complaint Recommendations: L. Bohrer 1.00 Hrs. @ 25.53 = 25.53 x 2.75 = State of Minnesota ) ss County of Ramsey ) 9150-000 35.12 70.21 70.21 AMOUNT DUE ......................... r 2,295.28 Ray A.. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on th's date Aug t 31, 1 LINDA E. SCHORE ~ E NOTARY PUBUO—MINNESOTA RAMSEY COUNTY MY COMM. Expres Aop 4 "^5 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED P0'JJ /1' JJ�U�- [SEP 4 99,1'1 'KDA INVOICE AN A KING, DUVTES, I L, INCORPORATED {f' AND ASSOCIATES, INCORPORATED 31NEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 66101.1893 612/292-"00 FAX 612/292-0063 City of Lake Elmo 3800 Laverne Avenue No. Lake Elmo, MN 55042 Date: August 31, 1990 Commission No:. 9492-03 Invoice No: 013052 Period Ending: 07/31/90 For Professional Services in connection with the 1989 MSA Improvements - 15th Street from CSAH 13 to West City Limits (Grading, Gravel Base, Drainage and Bituminous Surfacing). Authorization approved at City Council Meeting on January 17, 1989. Construction Phase (9492-03): Personnel: Classification: T. Prew Registered Engineer L. Bohrer Senior Registered Engin J. Davidson Senior Registered Engin R. Dinndorf Senior Technician C. Rylander Technician J. Stenerson Technician S. Olson Technician D. Berkowitz Technician J. Kirk Technician Reimbursable Expenses: Larry D. Bohrer - Traver Richard T. Dinndorf - Travel Craig V. Rylander - Travel Thomas D. Prew - Travel James M. Kirk - Travel Billing Rate: 32.00 Hrs. @ 47.60 = 10.00 Hrs. @ 70.21 = 1.50 Hrs. @ 88.00 = 3.50 Hrs. @ 49.20 = 32.50 Hrs. @ 34.13 = .50 Hrs. @ 29.04 = 3.50 Hrs. @ 26.98 3.50 Hrs. @ 22.00 = 32.50.Hrs. @ 20.63 = 1,523.20 702.11 132.00 172.20 1,109.23 14.52 94.43 77.00 670.48 9.62 11.60 112.94 83.98 23.40 AMOUNT DUE ................................. $ 4,736.71 INVOICE FDA TOLTZ, KINO, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 � 1893 612/292.44M PAX 612/292-0083 City of Lake Elmo 3800 Laverne Avenue No. Lake Elmo, MN 55042 Date: August 31, 1990 Commission No: 9150-010 Invoice No: 013036 Period Ending: 07/31/90 For Professional Services in connection with the SW-1 Water System Analysis. Verbal Authorization to Provide Separate Billing by City Administrator on March 22, 1990. SW-1 Water System Analysis (9150-010): Personnel: Classification: Billing Rate: L. Bohrer Senior Registered Engin 3.50 Hrs. @ 70.21 = 245.74 AMOUNT DUE ................................. $ 245.74 State of Minnesota ) as County of Ramsey Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value: therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date Auguq'£-1\31, 199-0. /� , LINDA E. SCHOREY NOTARY PUBLIC—MINNESOTA RAMSEY COUNTY My Comm. Expires Aug 4, 1095 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED SEP i 1 1990 _-A SPRINGSTED PUBLIC FINANCE ADVISORS 85 East Seventh Place, Suite 100 Saint Paul, MN 55101.2143 (612) 2233000 Fax: 612-2233002 DATE: September 10, 1990 TO: Ms. Mary Kueffner, City Administrator City of Lake Elmo 3800 Laverne Avenue Lake Elmo, MN 55042 For Services Preliminary to the Issuance of $245,000 General Obligation Capital Notes, Series 1990A. Basic Fee: Advances: Official Statement Printing Bond Printing Miscellaneous: Copies and Special Delivery TOTAL DUE ...................... $7,000.00 $ 777.55 345.00 127.41 .............. 8 249.96 I declare under penalty of law that this account is just and correct and that no part of it has been paid. This statement is due on the date that payment is received for the bonds relative to which this billing is made. Commencing 30 days thereafter interest will be charged at a rate of 1 % per month. Indiana Office: Kansas Office: Wisconsin Office: 136 North Pennsylvania Street 6800 College Boulevard 500 Elm Grave Road Suite 2015 Suite 600 Suite 101 Indianapolis, IN 46204-2498 Overland Park. KS 66211-1533 Elm Grove, WI 53122-0037 (317) 684-6000 (913) 345-8062 (414) 782-8222 Fax: 317-684 6004 Fax: (013) 345-1770 Fax: 414-782-2904 C, ENGINEERS ARCHITECTS PLANNERS September 18, 1990 Honorable Mayor and City Council Lake Elmo, Minnesota Re: Fire Protection SW - 1 Water System Lake Elmo, Minnesota Cornmission No. 9150-000 Dear Mayor and Council: .- ' \ . �c�Ih C� titi TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES. INCORPORATED 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101-1003 612M2.4400 FA%OW92-0083 At the August 14, 1990 public hearing to consider fire protection along the route of the SW-1 watermain system, the general consensus was that fire protection was too expensive as proposed. Some suggestions were to install the larger pipes now so that hydrants could be added it the future, increase the spacing of the hydrants, or increase the assessable area. The following are our comments on each suggestion. 1. Install Larger Pipes at This Time so That Hydrants Could be Added at a Later Date: Attached is the estimated cost for fire protection and the assessment method presented at the public hearing. One can see that the hydrants themselves represent 70% of the total estimated $100,000 cost, therefore it seems logical to defer the higher cost hydrants and install the larger mains now. We support the idea of installing the larger maims now because they would be extremely expensive to upgrade at a future date. However, assessing the value of the larger mains only without hydrants may be difficult because it is difficult to show the benefit (that is, increase to property value) of larger mains when there is no access to them. The estimated cost of the larger mauls, larger meter, contingencies and engineering is $27,500. 2. Increase the Spacing of the Hydrants: The fire protection system presented at the public hearing had a hydrant spacing of 500 feet, which we consider normal for residential areas. By increasing the spacing to 1000 feet, the number of hydrants is cut in half-, therefore the hydrant cost is cut hi half, We. are sure the Fire Department would prefer closer hydrant spacing but the 1.000 feet spacing is workable and the Fire Department would agree that the larger trains and some fire hydrants is much better than no fire fighting capability at all. The estimated cost of this system of the larger mains, hydrants, larger meter, contingencies and engineering is $66,000. Honorable Mayor and City council September 18, 1990 Page 2 3. Increase the Assessed Area: The benefitted area presented at the public hearing was each lot or parcel which abuts the route of the proposed watermain. This might be too conservative an approach to benefit. For example, if a fire broke out in a cul-de-sac off of 42nd Street, the Fire Department would surely utilize any available hydrants on 42nd Street and string hose down the cul- de-sac. Property along a side street off of the main watennain route would benefit to the extent that the Fire Department could reasonably string hose, say up to 1000 feet. Property beyond this distance or property in the second tier of lots away from the watermain route would still benefit, but to a lesser degree. This indirect benefit would be harder to quantify. 4. Assessment Alternatives Alternative 1: Using the increased hydrant spacing for a total project cost of $66,000 and assessing the cost only to property which abuts the watermain route gives the following assessment formula: $66,000 123 Lots = $536.60 per lot This alternative may not require another public hearing since all owners were notified of the original hearing. Alternate No. 2: Using the increased hydrant spacing for a total project cost of $66,000 and assessing the cost to abutting property and benefitting property within 1000 feet of road intersections gives the following formula: $66,000 159 Lots = $415.00 per lot This alternative would require a new public hearing since we have expanded the assessment area. No City contribution has been added in this example for any area wide indirect benefit. Recommendations We recommend the increased train size and some type of fire protection. The Council should decide if fire protection is desired, considering the suggested lower cost and/or increased assessment area. The Council should also consider if there should be a City contribution to cover the indirect benefit to the area as a whole beyond the direct benefit area. If fire protection is desired, the City should request an amendment to the Oakdale agreement as soon as possible. Even if the City warns fire protection, there is no assurance it will be granted by Oakdale. Sincerely, d.s / �- Eolner, P.E. LDB/niha FIRE PROTECTION Additional cost for fire protection involves increasing all 4" pipe to 6" and all 6" pipe to 8" size. it would also include the installation of approximately 42 hydrants with associated valves, pipe, and fittings. This would provide approximately 750 to 1,000 gpm, depending on location. ADDITIONAL. COST FOR FIRE PROTECTION 4" to 6" Pipes 10,400.0 LF @ 6" to 8" Pipes 10,500.0 LF @ Hydrant Assemblies 42.0 EA @ Larger Water Meter 1.0 LS @ Subtotal Contingencies and Engineering Total Estimated Additional Cost $0.80 $ 8,320.00 1.25 13,125,00 1,650.00 69,300.00 1,500.00 1,500.00 FINANCING FLAN Number of Lots Abutting the Water System Estimated Cost per Abutting Lot $92,245.00 7,755.00 $100,000.00 123 $813.00 WELL ADVISORY AREA PUBLIC PROPERTY >mn9�o SITE PLAN WASHINGTON COUNTY G WATER SUPPLY AND DISTRIBUTION AUG 10 '90 13:33 T.K.D.A. u ASSOC. P. .7'KD M AND TABB 001ATEt �INOORPORATEO ENGINEERRS...iii..wAARCCWIITTwECTS PLANNERS ¢WOAMERI.MI NATIONAU101 BUILDING r11"9 4400 MINNlOOTA 00101 FAX O M- FNIHUlii•0010 August 10, 1990 Planning and Zoning Commission City of Lake Elmo 3800 Laverne Avenue Lake Ehno, Minnesota 55042 Re: Guardian Angels Church Lake Elmo, Minnesota Commission No. 9150-000 Dear Commission Members: Guardian Angels Church is planning to construct a new sanctuary and add parking. We have reviewed the site and drainage plan for conformance to applicable City Codes. The following is our review: 1. L=i= The 1983 Zoning Map shows this area zoned P - Public. The actual use, which pre -dates this Code, is PF - Public Facilities and Quasi - Public Uses. The proposed future laud use plan presently being prepared shows this property should continue to be Public - Quasi Public. It appears that the proposed expansion is consistent with future land use planning of the City. 2. 1juilding jjgisrht: The highest part of the roof is at 30 feet or less as viewed from the north or west sides, but the bell tower rises to approximately 50 feet when viewed from these directions. On the southeast side, the lower floor is exposed, increasing these heights by about 13 feet. Maxhnum allowed height is 35 feet. 3. parking, The P zone does not have formula for determining number of parking spaces required. However, the amount of parting provided appears adequate. The new spaces are proposed to be 9' x 18' . The Code requires 10' x 20' unless the parking lot provides for separate vehicles based on size. The reduced stall depth combined with narrower 20' wide aisles may make parking difficult for full size cars or pick-ups. Landscaping islands have been provided which exceeds 10% of the area of the new parking. AUG 10 '90 13;39.T.K.D.H.& ASSOC. Yianrntng and 'zoning uotnmission August 10,1990 Page 2 P.3 4. Storm Water Control: Ponding and other drainage features have been provided north of the new parking lot which meets the requirements of the Storm Water Control Ordinance for rate and volume control of the additional hard surfacing. One area of concentrated runoff may be the roof scupper on the northwest side of the new sanctuary. The new landscaped area beneath the scupper should be adequately protected from erosion. S. Water System: The existing well will continue to be used. 6. Sgnpdc System The existing septic system will continue to be used. This system was constructed in about 1963 when the education building was built. it was originally sized for the parochial school which was operated at that time. The existing system seems to be sized adequately for the new facility since the school is no longer operating. The existing separate system which serves the rectory will be removed and connected to the existing larger school system. There does not seem to be any operational problems with the system. Portions of the drainfield seem to have been paved over but it is difficult to evaluate what effect, if any, that has had on the system. The church has sufficient vacant land to the north that if the existing system should fail, an alternate system could be constructed. The church is within the Metropolitan Urban Service Area and could be served at some time with sanitary sewer and municipal water. Conclusions: The issues of parking space size and building height remain. Attached are copies of previous correspondence from the project architects for your information. Sincerely, Larry D. Bohrer, P.E. LDB/tnha Attachments 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 SEPTEMBER 18, 1990 7:00 p.m. MEETING CONVENES 1. AGENDA 2. MINUTES: September 4, 1990 3. CLAIMS 4. REAPP REPORT 5. PLANNING/LAND USE AND ZONING: A. Public Hearing: Guardian Angels Church Variances: Height of Building and Size of Parking Spaces. B. Public Hearing: and Shoreland Permit Fredic—erB ster Variance to lot size in Shoreland Dist. C. Public Hearing: Ken Gatzke/Rossbach Const. Variance to setback from public road for drainfield. D. Everet Beaubien: Request to Clean Up Trees in Sunfish Park E. Other 6. CITY ENGINEER'S REPORT: A. Public Water Supply - Update on Pipe Size and Number of hydrants B. Call Assessment Hearings for Improvement of 31st Street and Lampert Avenue C. Other CITY ATTORNEY'S REPORT: 8. CITY COUNCIL REPORTS: 9. CITY ADMINISTRATOR'S REPORT: 10. Other 11. Adjourn