HomeMy WebLinkAbout11-03-04 packet attachmentsMayo,'
,Lee •t
Couneih. 'hers:
Steve De -
Susan Dunn
Wyn John
Dean Johnston
Please read:
Lake Elmo City Council
Wednesday,
NOVEMBER 3, 2004
(This meeting has been rescheduled because of the General
Election scheduled for November 2, 2004)
3800 Laverne Avenue No,
Lake Elmo, MN 55042
777-5510 777-9615 (fax)
Since the City Council cloes not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City
Council on each agenda item in advance; and decisions are based on this information and
experience. In addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to
Appear Before the City Council form; or, if you came late, raise your hand to be recognized.
Comments that are pertinent are appreciated. Items may be continued to a future meeting if
additional time is needed before a decision can be made.
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes October 19, 2004
3. PUBLIC
INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES:
B. Public Informational: Don Theisen,
Washington County; Resolution 2004-
092:Supporting Traffic Signal at Keats/I-
94 N. Ramps
C. Resolution No. 2004-093:Canvass
Results of General Election
4. CONSENT AGENDA
A. Resolution No. 2004-094:Approve
claims
B. Resolution No. 2004-095:Certify Hill
Trail/50th Street Reconstruction Assessments
to Washington County
Resolution No. 2004-096:Certify 2004
Overlay Street Assessments to Washington
County
5. FINANCE
A. Resolution No. 2004-097:Brokerage
Investment Account Corporate Resolution
Public Inquiries/Informational is an opportunity for citizens to
bring the Council's attention any items not currently on the agenda.
In addressing the Council, please state your name and address for
the record, and a brief summary of the specific item being
addressed to the Council. To allow adequate time for each person
wishing to address the Council, we ask that individuals limit their
comments to three (3) minutes. Written documents may be
distributed to the Council prior to the meeting or as bench copies, to
allow a more timely presentation.
Those items listed under the Consent Calendar are considered to be
routine by the City Council and will be enacted by one motion
under a Consent Calendar format. There will be no separate
discussion of these items unless a Council member so requests, in
which event, the item will be removed from the general order of
business and considered separately in its normal sequence on the
agenda.
Tom Bouthilet
y6,.5, ix, 7(
6. NEW BUSINESS
A.
Ve117.4-,41' (7-0.4.o ciAr
7.
MAINTENANCE/P UILDING:
A. Update on Fire Department
Activities:Fire Chief Malmquist
8. CITY ENGINEER'S REPORT:
Torn Prew
A.
9. PLANNING, LAND USE & ZONING: C. Dillerud
A. CDBG Sub -recipient Contract —
2004/2005
B. Fence Ordinance Amendments —
Continued Consideration
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Recycling Ordinance
12. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member John
E. Council Member Johnston
13 . ADJOURN COUNCIL MEETING
The Lake Elmo City Council
will hold a Workshop after
the Council meeting to
discuss:
1.Highway 5 Study
2.City Hall - Old Village
Lake Elmo City Council Agenda
November 3, 2004
Page
MINUTES APPROVED: October 19, 2004
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 5, 2004
1. AGENDA
2. MINUTES: September 21, 2004
3, PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
4. CONSENT AGENDA:
A. Resolution No. 2004-083:Approve claims
B. Parks Commission Appointment
C. Hire Public Works Employee
5, FINANCE:
A. PUBLIC HEARING: Assessments for proposed Unpaid Municipal
Utilities, Resolution No, 2004-084
6. NEW BUSINESS:
7, MAINTENANCE/PARK/FIRE/BUILDING:
8, CITY ENGINEER'S REPORT:
A. PUBLIC HEARING: 55th Street Vacation, Resolution No. 2004-085
B. Escrow Reduction: Whistling Valley Phase 1
9, PLANNING, LAND USE & ZONING:
A. Amateur Radio Tower Permit — Smith/Holm
B. Resolution No. 2004-086: Tapestry at Charlotte's Grove Preliminary Plat,
OP Stage Plan, CUP
C. Resolution No, 2004-087:Comprehensive Plan Amendment — Inwood
Associates
D. Resolution No. 2004-088:Variance from Sideyard Setback, 3385 Lake
Elmo Avenue, Brookman
E. Appointments to Planning Commission
F. Ordinance No. 97-142: Old Village Moratorium
G. Site Plan Security Release — Bremer Operations Center
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Tree Program
B. Appointment of Replacement to City Council
Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers.
PRESENT: Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla,
Finance Director Tom Bouthilet, City Planner Dillerud and Administrator Rafferty.
ABSENT: Council member John
1. AGENDA
ADD: Discussion on an Ordinance for replacement of Council Member, Smooth
operation with signal lights off at Ideal Ave/Hwy 5; Introduction of Mike Charron,
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004
M/S/P Dunn/Johnston - to approve the October 5, 2004 City Council agenda, as
amended. (Motion passed 4-0).
Mike Charron introduced himself as a the Republican candidate running for the House of
Representatives (56A) and assured the council that he is a staunch supporter of local
government control.
2. MINUTES: September 21, 2004
M/S[P Dunn/Johnston - to approve the September 21, 2004 City Council minutes, as
amended. (Motion passed 4-0).
3. PUBLIC INOURIES/INFORMATIONAL:
A. Public Inquiries
Joan and Steve Ziertman asked for answers to many questions regarding drainage issues,
approval for size of an addition, running a commercial business at the property located at
5699 Keats Avenue. Joan. Ziertman explained these questions have been raised
previously; they have not received any answers from the city and concluded that the
property owner, who is a Planning Commission member, is offered special treatment.
The City Administrator responded that the ongoing concerns have been investigated and
the drainage plan proposed was appropriate per the City Engineer. These questions will
be addressed at a Finance, Legislative Council Committee on Tuesday, October 12th at
6:15 p.m. where the City Attorney, City Engineer and Building Official will attend with a
complete packet of background information to accompany the agenda.
Council member DeLapp reported that Highway 5 is being resurfaced and the freeway is
down to two lanes. DeLapp noted the traffic light located at Ideal and Highway 5 was
installed by Washington County and the State without warrants. Stop signs have gone in
for one month, and he has only once seen two cars lined up at these signs. Mayor Hunt
indicated that on a Saturday there was no control on the side streets, and it was a mess.
The Planner warned the Council to be ready for an increase in traffic counts with the
commercial development proposed for that area in Oakdale.
4. CONSENT AGENDA:
A. Resolution No. 2004-083:Aporove Claims
M/S/P Dunn/Johnston — to adopt Resolution No. 2004-083 approving claim numbers 219,
220, DD244 through DD252, 26226 through 26237 which were used for staff payroll
dated September 30, 2004, claim 26238 through 26275 in the total amount of $87,085.00.
(Motion passed 4-0.)
B. Parks Commission Appointment
The Parks Commission has two vacancies which have been advertised for over one year.
The city received a Parks Commission application from Charles Nalipinski, 235
Cimarron.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 2
M/S/P Dunn/Johnston — to appoint Charles Nalipinski, 235 Cimarron, as a Full -Voting
member of the Parks Commission to finish Mike Tate's term that expires December 31,
2005. (Motion passed 4-0).
C. Hire Public Works Employee
The City Administrator reported after the second interview, he and the Public Works
Supervisor selected Jim Sachs, a twenty year Lake Elmo fireman, as the most qualified
person for the position. The Council adopted a new Fire Ordinance which included the
creation of a new Firefighter classification; City Employee/Volunteer Firefighter
compensated at an annual stipend of $2500. The new job classification was developed
with the advice of the League of MN Cities and reviewed and approved by the U.S.
Department of Labor.
M/S/P Dunn/Johnston — to approve the hiring of Jim Sachs as a Public Works Employee
for the compensation as budgeted and as planned for in the 2004 budget. (Motion passed
4-0.).
5. FINANCE:
A. PUBLIC HEARING: Assessments for proposed Unpaid Municipal
Utilities, Resolution No. 2004-084
The Finance Director handed out an updated version of unpaid municipal utilities. All of
the property owners were sent letters regarding past due municipal utilities balances.
Notification of the Public Hearing was published in the Stillwater Gazette on December
25, 2004. Property owners will have until November 3rd to pay the balance due with
interest of a fee of S25.00, whichever is greater.
Mayor Hunt opened up the Public Hearing at 7:26 p.m.
There was no one to speak for or against past due municipal utilities.
Mayor Hunt closed the Public Hearing at 7:27 p.m.
M/S/P DeLapp/Johnston — to approve Resolution No. 2004-084 for the Assessment of
Unpaid Municipal Utilities, as amended by the Finance Director. (Motion passed 4-0).
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
8. CITY ENGINEER'S REPORT:
A. PUBLIC HEARING: 55u' Street Vacation, Resolution No. 2004-085
Eight residents with property south of and abutting 55th Street North from 93 feet west of
Marquess Trail to east of the 55th Street/Manning intersection have petitioned the City to
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004
vacate that portion of the unimproved street that was closed to through public travel in
2000 as a condition of the approval of the Carriage Station neighborhood.
The City Planner reported the Planning Commission recommended leaving the option of
reopening 55th Street.
Mayor Hunt opened the Public Hearing at 7:35 p.m.
Rod Runge, 12136 Marquess Lane N., said he was asked to speak on behalf of 12 nearby
landowners whose property is directly affected by the decisions. He said that vacating
this gravel street would be a win -win situation. He said he talked to a representative from
MnDOT who told him that traffic would likely double by 2020. He said closing the road
for good would lead to advantages such as the area could become a walking path, It is
also a matter of the council's integrity by standing behind the statement that the road
would not be reopened.
Kathleen Haggard, 12154 Marquess Lane N., stated Lake Elmo protects rural character
for this development and addresses the safety issues. Before purchasing her home, she
looked at long term plans and was told by someone in the planning department this road
would not be opened. She asked the Council to honor decisions that were made.
Keith Bergman said he understood the concerns of the residents, but was interested in
developing 200 acres nearby 55th street and that the Council should consider a long range
plan. He said that his decision could potentially affect more than this one development.
The road was put there at one time for access of Lake Elmo. The reason the road was
initially closed was to stop traffic flow from Carriage Station.
Gary Sloan, 12208 Marquess Lane, said he was assured by the city that the road would be
closed, There are a row of houses sandwiched between two streets and the street is 50'
from the back of his house. There are children playing in the back. He said that students
form the Stillwater High School would potentially use the road as a shortcut. There
would be noise and safety concerns which will affect their lives greatly.
Chip Longacre, 12058 55th Street N., provided a statement in writing urging the Council
to vacate the subject portion of 55th street based on the concerns stated and uphold the
promises that were made to the residents over the past three years.
M. Wohlers, 12114 Marquess Lane, said he was told this road never would be open, that
it was never intended to be a through street, otherwise wouldn't have bought the property.
Mark Citsay, 12108 Marquess, said he didn't sign the petition, but beyond the safety
issues and the concerns, it is really a quality of life issue..
Mayor Hunt closed the public hearing at 8:10 p.m.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 4
Council member Johnston said he saw the problems it would create for new
developments, but this commitment was made, and it is a question of integrity. He
supported the street vacation.
Council member Dunn agreed it could be a concern for developers and road patterns in
the future. She said that the elected officials were going to have to think of the future and
make decisions based on that as well as the present even if the decision is not popular,
She said she had a concern with density of this development, lots would be small, and the
City needs access to the well. They looked at the road and asked what can be done to
make it safer,
Council member DeLapp said that the road was originally built by Baytown to serve
farmers. He said he was happily surprised at the number of residents who were calling
the council to check about the future of the road before buying homes in that
development. He said he would be in favor of vacating the road if residents would be
ready to help cover costs of landscaping and look into trail easements for bike trails. He
suggested that a few residents meet with the planner to discuss a plan for the road and
how costs will be addressed.
Mayor Hunt said he was on the Council when it promised the road would be closed and
should follow through with that commitment. He agreed with DeLapp on the process of
a few residents meeting with the planner and engineer to come up with a plan dealing
with location of driveways, trail and utility easements.
Planner Dillerud explained once the street is vacated, the chance of getting it back is
gone. He said we never considered the closure of 55th street to be the same as the
vacation of it.
M/S/ DeLapp/Johnston — to adopt Resolution No. 2004-085 to approve the vacation of 5th
Street
M/S/P DeLapp/Johnston - to amend the motion with additional wording that the vacation
of 55t11 Street is subject to an acceptable plan dealing with delineation of trail, utility
easements, driveway location and costs, (Motion passed 4-0.)
M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-085 to approve the vacation of
55th Street subject to the amendment and submittal of a correct legal description.
(Motion passed 4-0).
Chip Longacre, Carol PalmquistNince Eilers, who have driveways on the north side, and
Gary Sloan will be representatives at the meeting.
B. Escrow Reduction: Whistling Valley Phase 1
In his memo dated September 29, 2004, the City Engineer reported that much of the work
on Whistling Valley 1 is complete. The final lift of paving and some minor clean up
items remain. The City engineer recommended reduction of the Letter of Credit.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004
M/S/P Johnston/DeLapp to approve the Whistling Valley 1 Escrow Reduction to the
amounts as recommended by the City Engineer in his memo dated September 29, 2004.
(Motion passed 4-0).
9. PLANNING, LAND USE & ZONING:,
A. Amateur Radio Tower Permit — Smith/Holm
John Holm/Betty Smith, 12460 Marquess Way, has applied for an amateur radio tower
antenna permit responsive to Section 1396 of the City Code. The applicant proposes
construction of a 55" foot retractable amateur radio tower and mast assembly adjacent to
and west of the older existing residence. This 1.06 acre site was created with the
Carriage Station PUD as the remainder of lands that were platted into new building lots.
This site contains two residents and accessory structures that predate the other Carriage
Station homes.
The Planning Commission recommended approval of the Amateur Radio Tower Permit,
MIS/P DeLapp/Dunn — to approve an Amateur Radio Tower Permit for Smith/Holm at
12460 Marquess Way per plans staff dated September 14, 2004 and subject to an
Agreement with the City regarding future maintenance and safety of the facility. (Motion
passed 4-0.)
B. Resolution No. 2004-086: Tapestry at Charlotte's Grove Preliminary Plat,
OP Stage Plan, CUP
St. Croix Farm, LLC has made application for a Development Stage Plan, Conditional
Use Permit and Preliminary Plat to create 67 residential building lots and nine outlots of a
parcel of 173 acres. The property is generally located south of 45th Street N and West of
Keats Avenue. The City Planner reported that the Planning Commission recommended
approval of this application subject to conditions. The applicant has agreed to enhance
landscaping along the eastern property line and the staff will be looking for that
enhancement with the Final Landscape Plan.
Council member DeLapp complimented the applicant on the well -drafted covenants and
suggested changes to consider. On page 3 — exterior lighting must be consistent with the
indirect lighting requirements of the city, page 4 - coordinate landscape plan so there will
not be 60 to 70 landowners corning up with different approaches and on page 4 — tree
planting consistent with the city's boulevard tree policy. Council member Dunn voiced
her concern that the applicant will not implement the conditions set by the Valley Branch
Watershed District.
The City Engineer noted that in regard to Outlot B and C, a sign should be posted stating
this will be a street someday. Mr. Youngdahl will be talking to the City Planner regarding
the north street connection to Keats Avenue which is shown on the preliminary plat.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 6
statements that don't require a hardship. We have to work with what we have in the Old
Village and set different standards for this area.
M/S/P DeLapp/Dunn - to adopt Resolution 2004-088 denying a side yard setback
variance to construct a new garage at 3385 Lake Elmo Avenue based on the Findings and
recommendation of the Planning Commission. (Motion passed 4-0.)
The City Council members were in agreement that full replacement of the existing garage
in place would be a better solution for the immediate area than repairing the existing
structure or removing the building replacement which would not correct the ordinances.
M/S/P DeLapp/Dunn — to direct staff to bring modifications to the setback ordinance that
would affect properties in the Old Village to the Planning Commission for a
recon-unendation. (Motion passed 4-0.)
E. Appointments to Planning Commission
The Council interviewed six candidates for the two current Planning Commission
vacancies (1 Full Voting and 1 Alternate). Based on the City Attorney's advice, Council
member John's votes, via e-mail, could not be counted because he was not in attendance
for the vote. The Council made the following motion after completion of the ranking
process of the candidates,
M/S/P Dunn/DeLapp — to appoint Thomas P. Armstrong, 8280 15th Street N., as a Full
Voting Member of the Planning Conunission. (Motion passed 3-1:Johnston)
M/S/P Durin/DeLapp — to appoint Ben Roth, 10819 Third Street Place, as the Second
Alternate Member of the Planning Commission. (Motion passed 3-1: Johnston)
F. Ordinance No. 97-142: Old Village Moratorium
The City Planner advised the Council on September 21 that the Old Village Moratorium
expired during the first week of September. Of the three infrastructure investigation that
the Council directed before adopting the Old Village Comprehensive Plan amendment
that has been recommended by the Village Commission and Planning Commission, the
Surface Water Drainage remains to be completed by TKDA. The surface water work has
been on hold for several months pending the update of the Valley Branch Watershed
District Plan that is underway. That district plan update has not met the schedule that
was understood by the City. Staff has advised the City Engineer to proceed with the Old
Village Surface Water Plan without further waiting on the District's Plan. The City
Engineer has advised that 4-6 weeks would be required to complete hydrologic modeling,
and present a draft plan for the Old Village surface water handling.
The Planner reported he is aware of at least three owners of undeveloped property within
the Old Village Area that are interested in proceeding with development plans in a timely
manner.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 8
M/S/P Dunn/DeLapp - to adopt Ordinance No. 97-142 establishing a Development
Moratorium within the Old Village Planning Area not to exceed duration of 12 months.
(Motion passed 4-0).
The Council will be holding a workshop on October 16`11, 9:30 a.m. to Noon to discuss a
Master Developer Plan.
G. Site Plan Security Release — Bremer Operations Center
The Public Works Superintendent has reviewed the subject site in Eagle Point Business
Park for compliance with the approved landscape plan and landscape survival for two
growing seasons and finds the site to be complaint in both respects. Release of the
$75,000 Letter of Credit is herby recommended.
M/S/P Dunn/DeLapp — to approve release of Bremer Letter of Credit #S120010103 in
the amount of $75,000 which secured landscape improvements and survival at the
Bremer Operations Center site. (Motion passed 4-0).
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Tree Pro Rram
At a recent Public Works Council Committee meeting, the committee recommended
moving forward with a service contact with Kathy Widin to develop an active tree
program and fund the program in the 2005 budget. Twenty-five thousand dollars was
placed in the 2005 budget. The City Administrator recommended that the City begin the
contract with Dr. Kathy Widin in October of 2004 to start in the evaluation and public
education process of a diseased tree program.
M/S/P Johnston/Dunn - to approve the contract with Kathy Widin for Forestry Services.
(Motion passed 4-0).
Council member Johnston pointed out that the Master Gardeners are in jeopardy of
loosing their funding. Council member Dunn asked that it be noticed in the newsletter
that when you attend the Washington County Fair, you can sign up to become a member
of the Agricultural Society.
M/S/P Johnston/Dunn — to communicate to the Washington County officials that it is
important to continue funding because it would affect the talents of our youth. (Motion
passed 4-0.)
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 9
B. Appoint Replacement for Council.
Council member DeLapp said he would like to make modifications to city rules that
apply to appoint a replacement for City Council. Attorney Filla explained if the Council
member to be replaced has more than 2 years left on his term, the Council can hold a
special election. If the term is two years or less the Council can make an appointment or
hold a special election. If the vote for the appointment is a tied vote, the Mayor can vote
and break the tie.
12. CITY COUNCIL REPORTS:
Council member Johnston recommended reading the article written by Ryan Kathman on
the negotiations with the Met Council because Johnston thought this was a much more
comprehensive report.
Council member Dunn and Mayor Hunt met Vice President Cheney when he attended the
Machine Shed Restaurant in Lake Elmo.
League of MN Cities booth; The Council will not have a booth at the League Conference
because it might be sending the wrong message to Peter Bell. The City Administrator
indicated there was good progress at the meeting with the Met Council representatives.
Adjourn meeting at 9:45 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No.
Resolution No.
Resolution No.
Resolution No.
CUP
Resolution No.
Resolution No.
2004-084 Approve Claims
2004-084 Assessments for proposed unpaid Municipal Utilities
2004-085 55th Street Vacation
2004-086 Tapesty at Charlotte's Grove Preliminary Plat, OP Stage Plan,
2004-087 Comprehensive Plan Amendment — Inwood Associates
2004-088 Deny Variance from sideyard setback Calvin Brookman
Ordinance 97-142 Old Village Moratorium Extend 12 months
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 2004 10
As of 11/03/2004
Term 10 Years
GEOCODE
05-029-21-44-0040
04-029-21-33-0044
04-029-21-33-0026
05-029-21-44-0039
05-029-21-44-0038
04-029-21-33-0027
05-029-21-44-0035
04-029-21-33-0042
05-029-21-44-0032
05-029-21-44-0033
05-029-21-44-0028
05-029-21-44-0021
04-029-21-33-0039
05-029-21-44-0023
04-029-21-33-0010
04-029-21-33-0003
04-029-21-33-0038
05-029-21-44-0015
05-029-21-44-0016
04-029-21-33-0018
04-029-21-33-0035
04-029-21-33-0036
04-029-21-33-0017
04-029-21-33-0015
09-029-21-22-0010
09-029-21-22-0013
09-029-21-22-0011
08-029-21-11-0009
09-029-21-22-0014
09-029-21-22-0015
09-029-21-22-0009
09-029-21-22-0017
09-029-21-22-0008
09-029-21-22-0007
09-029-21-22-0003
09-029-21-22-0024
09-029-21-22-0004
09-029-21-22-0006
09-029-21-22-0005
09-029-21-22-0002
09-029-21-22-0008
09-029-21-22-0003
09-029-21-22-0012
Interest 5,25% per
First Name
James & Deborah
Jamie & Mary
David
Timothy & Kathleen
Pauline
Susan & Joel
Daniel & Joan
Susan & Joel
Allen & Veronica
Rodney & Dolores
Roger
Selmer & Lois
Jeff & Kelly
Rollene & Dorothea
Carl & Judith
Michael & Maura
Thomas & Colleen
David Brown
Michael & Maura
Mark & Michelle
Louis
Roger & Mary
Daniel
Christopher
Steven & Vickie
William
Bonnie
Isaacson Children's
Thomas
Richard & Frances
Bradley & Amy
Richard & Karen
Michael & Ruth
James
Donald
Carrie
Jacqueline
Patrick & Kathleen
Nicholas & Lind
Stephen
William & Karen
Frederick
Jerry
City of Lake Elmo
Hill Trail. 50th Street
Assessments
Exhibit A
annum
Last Name
Tierney
Stoudt
Esch
Gennrich
Malon
Barker
Lindstrom
Barker
Siedle
Harvey
Diedrich
Olson
Reed
Arndt
Abrahamson
Severin
Sweno
Mary Bunde
Severin
Deziel
Le Mire
Kostelnik
Burgess
Smith
Iverson
Isaacson
Weisbrod
Property
Walsh
Ryan
Gustafson
Nelson
Schrantz
Marchio
Wackerfuss
Berg
Hubenette
Sinclair
Linsmayer
Butzer
Welter
Paul
Lemire
7978
8012
8032
7972
7962
8034
7959
8038
7951
7949
7934
7920
8056
7931
8061
8012
8076
7990
8004
2783
8084
8098
8085
8036
8108
8017
8111
8017
8027
8033
8120
8123
5831
8130
8148
8151
8160
8164
8170
8180
8181
8186
8051
Address
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
HIII Trail Ct N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
50th Street N.
Hill Trail N.
50th Street N.
50th Street N.
Legion Ave N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
50th Street N.
Hill Trail N.
50th Street N.
Hill Trail N.
50th Street N.
50th Street N.
50th Street N.
Hill Trail N.
Hill Trail N.
Hytrail Ave N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trail N.
Hill Trall N.
Hill Trail N.
50th Street N.
Assessed Balance
Amount Interest Due
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500,00
$2,500.00 $2,500,00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500,00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500,00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500,00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 2,500.00
$2,500,00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$1,250.00 $1,250.00
$2,500.00 $2,500.00
$2,500,00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500,00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500,00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500,00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500,00
$2,500.00 $2,500.00
43 $106,250,00 $106,250,00
As of 11/03/2004
Term 10 Years
GEOCODE
05-029-21-44-0040
04-029-21-33-0044
04-029-21-33-0026
05-029-21-44-0039
05-029-21-44-0038
04-029-21-33-0027
05-029-21-44-0035
04-029-21-33-0042
05-029-21-44-0032
05-029-21-44-0033
05-029-21-44-0028
05-029-21-44-0021
04-029-21-33-0039
05-029-21-44-0023
04-029-21-33-0010
04-029-21-33-0003
04-029-21-33-0038
05-029-21-44-0015
05-029-21-44-0016
04-029-21-33-0018
04-029-21-33-0035
04-029-21-33-0036
04-029-21-33-0017
04-029-21-33-0015
09-029-21-22-0010
09-029-21-22-0013
09-029-21-22-0011
08-029-21-11-0009
09-029-21-22-0014
09-029-21-22-0015
09-029-21-22-0009
09-029-21-22-0017
09-029-21-22-0008
09-029-21-22-0007
09-029-21-22-0003
09-029-21-22-0024
09-029-21-22-0004
09-029-21-22-0006
09-029-21-22-0005
09-029-21-22-0002
09-029-21-22-0008
09-029-21-22-0003
09-029-21-22-0012
City of Lake Elmo
Hill Trail 50th Street
Assessments
Exhibit A
Interesper annum
First Name Last Name
James & Deborah Tierney
Jamie & Mary Stoudt
David Esch
Timothy & Kathleen Gennrich
Pauline Melon
Susan & Joel Barker
Daniel & Joan Lindstrom
Susan & Joel Barker
Allen & Veronica Siedle
Rodney & Dolores Harvey
Roger Diedrich
Selmer & Lois Olson
Jeff & Kelly Reed
Rollene & Dorothea Arndt
Carl & Judith Abrahamson
Michael & Maura Severin
Thomas & Colleen Sweno
David Brown Mary Bunde
Michael & Maura Severin
Mark & Michelle Deziel
Louis Le Mire
Roger & Mary Kostelnik
Daniel Burgess
Christopher Smith
Steven & Vickie Iverson
William Isaacson
Bonnie Weisbrod
Isaacson Children's Property
Thomas Walsh
Richard & Frances Ryan
Bradley & Amy Gustafson
Richard & Karen Nelson
Michael & Ruth Schrantz
James Marchio
Donald Wackerfuss
Carrie Berg
Jacqueline Hubenette
Patrick & Kathleen Sinclair
Nicholas & Lind Linsmayer
Stephen Butzer
William & Karen Welter
Frederick Paul
Jerry Lemire
Address
7978 Hill Trail N.
8012 Hill Trail N.
8032 Hill Trail N.
7972 Hill Trail N.
7962 Hill Trail N.
8034 Hill Trail N.
7959 Hill Trail N.
8038 Hill Trail N.
7951 Hill Trail Ct N.
7949 Hill Trail N.
7934 Hill Trail N.
7920 Hill Trail N.
8056 Hill Trail N.
7931 Hill Trail N.
8061 Hill Trail N.
8012 50th Street N.
8076 Hill Trail N.
7990 50th Street N.
8004 50th Street N.
2783 Legion Ave N.
8084 Hill Trail N.
8098 Hill Trail N.
8085 Hill Trail N.
8036 50th Street N.
8108 Hill Trail N.
8017 50th Street N.
8111 Hill Trail N.
8017 50th Street N.
8027 50th Street N.
8033 50th Street N.
8120Hill Trail N.
8123 Hill Trail N.
5831 Hytrail Ave N.
8130 Hill Trail N.
8148 Hill Trail N.
8151 Hill Trail N.
8160 Hill Trail N.
8164 Hill Trail N.
8170 Hill Trail N.
8180 Hill Trail N.
8181 Hill Trail N.
8186 Hill Trail N.
8051 50th Street N.
Assessed Balance
Amount Interest Due
$2,500.00 $2,500.00
52,500.00 $2,500,00
S2,500.00 $2,500,00
$2,500.00 $2,500.00
$2,500,00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
S2,500.00 $2,500.00
$2,500.00 $2,500,00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
52,500.00 $2,500,00
$2,500,00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$1,250.00 $1,250.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500.00
$2,500.00 $2,500,00
$2,500.00 $2,500.00
43 $106,250.00 $106,250.00
Page 1 of
Tom Bouthilet
From: Tom Bouthilet
Sent: Thursday, October 07, 2004 1:28 PM
To: 'DeanJohnston'
Subject: RE: Spending on Lawsuit with Met Council
I Apologize for not getting back to you sooner, I was in meetings all morning.
The total amounts spent on Met Council litigation are as follows:
2002 = $ 46,058.68
2003 $ 209,820.32
2004 = $ 99.150.91 (Year -to -Date)
Total $ 355, 029.91
ry----T
,t-r• ?//1/1,0)
From: DeanJohnston [mailto:DeanJohnston@comcastnet]
Sent: Thursday, October 07, 2004 10:40 AM
To: Tom Bouthilet
Subject: Spending on Lawsuit with Met Council
Tom
OK.
Would you please tell me how much we had spent on the litigation with the Met Council
cumulative through the date of January 1, 2003 (or thru December 31, 2002).
Thank you.
Dean Johnston
777-4444
10/7/2004
General Ledger
Detailed Trial Balance
User: Administrator
Printed: 10/07/2004 - 12:56
Period 1 to 13, 2004
Account Number
101
EXPENSE
101-410
101-410-1940-43020
03/01/2004 AP 03 000001
03/01/2004 AP 03 000001
04/06/2004 AP 04
04/20/2004 AP 04
05/04/2004 AP 05
06/01/2004 AP 06
07/06/2004 AP 07
08/03/2004 AP 08
09/07/2004 AP 09
09/21/2004 AP
Description
General Fund
General Govemment
Attorney Fees
Lindquist & Vennum
Comp. Plan Appeal
Peterson Fram & Bergman
000007 Lindquist & Vennum
Legal Services -Comp. Plan Appeal
000018 Peterson Fram & Bergman
000001 Lindquist & Vennum
Comp Plan Amendment Appeal
000001 Lindquist & Vennum
Legal Services -Comp. Plan Appeal
000001 Lindquist & Vennum
Legal Service Comp. Plan Appeal
000001 Lindquist & Vennurn
Legal Comp Plan Appeal
000008 Lindquist & Vennum
09 000015 Lindquist & Vennum
Attorney Fees - Comp Plan
101-410-1940-43020 Totals:
101-410 EXPENSE Totals:
EXPENSE Totals:
GL -Detailed Trial Balance (10/07/2004 - 12:56 )
mmmiioumiomioimouoiooi_ii 1
Budget Beginning Balance Debit This Period Credit This Period Ending B
100,000.00
Ck# 25235
Ck# 25245
Ck# 25399
Ck# 25491
Ck# 25537
Ck# 25672
Ck# 25816
Ck# 25966
Ck# 26115
Ck# 26201
Var 849.09 100,000.00
100,000.00
100,000.00
0.00
0.00
0.00
11,918.70
44.00
11,894.07
99.00
24,455.72
9,729.24
19,301.75
9,780.08
735.35
11,193.00
99,150.91
99,150.91
99,150.91
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
99,150.91
99,150.91
99,150.91
Page 1
Account Number
Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance
101 Totals: (100,000.00) 0.00 99,150.91 0.00 99,150.91
Report Totals: (100,000.00) 0.00 99,150.91 0.00 99,150.91
GL -Detailed Trial Balance (10/07/2004 - 12:56 )
Page 2
General Ledger
Detailed Trial Balance
User Administrator
Printed: 10/07/2004 - 12:57
Period 1 to 13, 2003
Account Number
101
EXPENSE
101-410
101-410-1940-43020
01/31/2003 AP 01
02/10/2003 GL 01
02/12/2003 AP 02
03/14/2003 AP
03/28/2003 AP
04/15/2003 AP
05/02/2003 AP
05/12/2003 AP
06/17/2003 AP
07/01/2003 AP
09/12/2003 AP
09/12/2003 AP
10/07/2003 AP
10/29/2003 AP
12/02/2003 AP
Description
General Fund
General Government
Attorney Fees
000018 Lindquist & Vennum
Attorney Fees
000021 Correct coding ck 23174 Lindquist and Vennum
000007 TKDA, Inc.
000006 Emmons & Olivier Resources
000014 Lindquist & Vennum
000005 Lindquist & Vennum
Legal Services
000002 State of Minnesota
Court Costs -Met Council
05 000008 Lindquist & Vennum
Legal Service -Comp. Plan
06 000011 Lindquist & Vennum
Legal Fees -Comp Plan Appeal
07 000001 Lindquist & Vennum
Legal Services -Comp. Plan
09 000013 Lindquist & Vennum
Legal Services -Comp -June
09 000013 Lindquist & Vennum
Legal Services -Comp -July
10 000008 Lindquist & Vennum
Comp Plan Amend. Appeal - August 03
10 000025 Lindquist & Vennum
Comp. Plan Amendment Appeal -Sept.
12 000001 Lindquist & Vennum
Legal Services -Comp Plan Amend Appeal
03
03
04
05
GL -Detailed Trial Balance (10/07/2004 - 12:57 )
Ck# 23174
Ck# 23288
Clc# 23389
Ck# 23493
ClotE 23556
Ck# 23673
Ck# 23773
Clc# 23919
Clc# 23990
Ck# 24408
Ck# 24408
C1G# 24511
Ck# 24652
Ck# 24832
Budget Beginning Balance Debit This Period Credit This Period Ending Balance
0.00
47,175.49 0.00
0.00 47,175.49
97.60 0.00
4,980.00 0.00
38,005_69 0.00
17,234.94 0.00
10,669.00 0_00
17,335.17 0.00
13,690.03 0.00
5,326.70 0.00
11,567.70 0.00
11,919.56 0.00
4,811.70 0.00
9,39630 0.00
9,637.40 0.00
Page 1
Account Number Description Budget Beginning Balance Debit This Period Credit This Period Ending Balance
12/31/2003 AP 12
12/30/2003 AP 12
000018 Lindquist & Vennum
Comp Plan Amendment Appeal
000028 Lindquist & Vennum
Legal Fees -Appeal
101-410-1940-43020 Totals:
101-410 EXPENSE Totals:
EXPENSE Totals:
101 Totals:
Report Totals:
GL -Detailed Trial Balance (10/07/2004 - 12:57 )
Ck# 24967
Ck# 25112
Var: -167,625.18
2,813.25 0.00
10,139.94 0.00
0.00 0.00 214,800.67 47,175.49 167,625.18
0.00 0.00 214,800.67 47,175.49 167,625.18
0.00 0.00 214,800.67 47,175.49 167,625.18
0.00 0.00 214,800_67 47,175.49 167,625.18
0.00 0.00 214,800.67 47,175.49 167,625.18
Page 2
City of Lake Elmo
User:Administrator
Account Number
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
101-410-1940-43020
Accounts Payable
AP Transactions by Account and D
Vendor
Emmons & Olivier Resource
Lindquist & Vennum
Lindquist & Vennum
Lindquist & Vennum
Lindquist & Vennum
Lindquist & Vennum
Lindquist & Vennum
Lindquist & Vennum
Lindquist & Vennurn
Lindquist & Vennum
Lindquist & Vennum
Lindquist & Vennum
Lindquist & Vetmum
State of Minnesota
TKDA, Inc.
Description
Attorney Fees
Legal Services
Legal Service -Comp. Plan
Legal Fees -Comp Plan Appeal
Legal Services -Comp. Plan
Legal Services -Comp -June
Legal Services -Comp -July
Comp Plan Amend. Appeal -
August 03
Comp. Plan Amendment Appeal -
Sept.
Legal Services -Comp Plan
Amend Appeal
Comp Nan Amendment Appeal
Court Costs -Met Council
went
GL Date
03/19/2003
02/05/2003
03/28/2003
04/16/2003
05/20/2003
06/17/2003
07/01/2003
09/16/2003
09/16/2003
10/07/2003
11/03/2003
12/02/2003
12/31/2003
05/06/2003
02/19/2003
Check No
23389
23174
23493
23556
23773
23919
23990
24408
24408
24511
24652
24832
24967
23673
23288
Subtotal for Function: 410
Subtotal for Fund: 101
Report Total:
Printed: 10i07/04 13:16
Amount PO No
4,980.00
47,175.49
38,005.69
17,234.94
17,335.17
13,690.03
5,326.70
11,567.70
11,919.56
4,811.70
9,396.50
9,637.40
2,813.25
10,669.00
97.60
204,660.73
204,660.73
204,660.73
Page 1
00
CITY OF LAKE ELMO
ORDINANCE NO. 97-,1 __--{ Deleted: 137
AN ORDINANCE Amending,SECTION 302 RELATING TO THE (. Deleted: ADDING
REGULATION OF FENCES AND SCREENING
iSection 1. Amendment: Section 302 Fence Regulations is hereby amended, to wit:
302 — Regulation of Fences
302.01 Fence Height
Subd. 1 - Fence Height in Street Setbacks
No fence shall be constructed exceeding 42 inches in height measured from grade
within any front, side, or rear street setback. Fences constructed within the
prescribed street set back areas shall be at least 50% open to air and light. (See
Figure 302, 1)
Subd. 2 — Fence Height in Interior Yards
No fence shall be constructed exceeding 72 inches in height measured from grade
in interior yards; and, any portion of such fence above 42 inches measured from
grade shall be open to light and air over X/0 of the surface area. The deeree of
fence area oven to air and light may be calculated over the entire souare foot area
of the fence. (See Figure 302.1).
Deleted: AND REPEALING
SECTION 1360 AND THE FENCE
MORATORIUM'
Deleted; added to the Lake Elmo
Municipal Code
Deletedt 75
Subd. 3 7- Fences on Double Front Lots Formatteth Font: Bold
Lots with frontina imnroved public streets at both the rear yard and the front yard
may awly_the_standards of Section 302.01 Subd. 2 for fences paralleling the rear
Eird only uponlbe approval of a Conditional_Pse Permit. The terms of Section,
306 Subd,4 shall apply to Conditional Use:Permit applications, Formatted: Font: Not Bold
Subd. 4.— Grade Defined •_
....
The grade from which fence height measurements are calculated shall only be
from either natural grade or grade modified responsive to a grading plan approved
by the City; and, shall not include the height of berms or introduced increases in
ground elevation that would raise the effective fence height over that which would
be otherwise permitted by this Section, except that a combination of raised grade
and fence that would exceed in sum the fence height permitted by this section
may be specifically approved by the City Council as an element of a subdivision
plat or commercial site plan approval establishing specific property grading and
topography.
302.02 Fence Materials
Subd. 1 — Permitted Fence Materials
Deleted: 3
Permitted fence materials shall be limited to brick, stone, wood planks, split rail,
wrought iron, and as regulated by Section 302.04. Vinyl or composite material
fences shall also be permitted.
Subd. 2 — Finished Face of Fence
That side of the fence considered to be the face (finished side as opposed to
structural supports and frame) shall face abutting properly and Public Streets,
Subd. 3 — Chain Link or Cyclone Fences
Chain Link, and wire mesh fences are permitted to a maximum height of 72
inches measured from grade. No chain link, cyclone or wire mesh fence shall be
permitted in any front, side, or rear setback. (See Figure 302.2)
302.03 — Fences in the Shoreland Overlay District
No fence shall be permitted in the OHW setback of any parcel located in Shoreland, as
defined by Section 150 of the City Code except where the principal structure is at least
martially Jocated within said OHW setback. Where the principal structure is at least . Deleted: entiroly
partially located within the OHW setback, fences compying with the standards of Section Deleted:
302.01, Subd 2 may be constructed within the side vard area of said principal structure ,
but not extending beyond the front and rear exterior walls of the principal structure.
Decks. porches and landings of any type shall not be considered a part of the principal
structure for the purpose of determining allowable fence.
302.04 Temporary Fences
Subd. 1 — Defined
For the purposes of this ordinance Temporary Fences are those that are installed
and removed on a seasonal basis, such as snow fences and garden fences.
Temporary Fences shall be open to light and air over not less than 40% of the
fence surface area.
Subd. 2 — Duration and Limitation
No snow fence shall or posts therefore shall be installed prior to November 1, and
must be removed prior to April 15.
Subd. 3 — Height and Location
Temporary Fences shall comply with the fence and fence location standards of
Section 302.01, except that snow fences shall be set back at least 50 feet from any
south or east property line, or such additional distance as may be required to
prevent the accumulation of snow on public streets or adjoining property, as
determined by the Building Official.
302.05 Agricultural Exemption
Fences constructed on parcels in excess of 5 acres for the keeping of horses; and fences
constructed on parcels in excess of 10 acres for the keeping of other livestock, as defined
by Section 150 the City Code, are specifically exempted from the provisions of this
section. Any such agricultural fencing shall be at least 75 % open to air and light.
I
302.06 Fences as Screenine and Security as Required by This Code
The Lake Elmo City Code and Zoning Ordinance include prescribed physical
circumstances of a site where screening of uses, equipment, and outside storage is
required. In those prescribed circumstances, fence not to exceed 72 inches in height
measured from grade may be installed, subject to the following standards:
1. Required fences for screening and security purposes in Agricultural and
Residential zoning districts shall be set back from all property lines equal to
the required structure set back of the zoning district in which they are
located.
2. The provisions of Section 302.01, Subd. 3 of this Chapter regarding fence
height measurement from grade shall apply. No combination of earthen
berm and fence may exceed the 72 inch maximum height for screening.
3, Materials used for screening shall be limited to those specified by Section
302.02.
4. No such screening shall be roofed or covered in any manner.
302.07 Fence Permits Required
Except as noted herein, installation of all fences require a fence permit issued by the City
of Lake Elmo. Said permit shall be applied for on such forms, include such
documentation, and include such fees to the City for processing as may be prescribed
from time -to -time by the City Council. Fences exempt from requiring an installation
permit are limited to the following:
1, Fences of any type installed for the sole purpose of the keeping of
Domestic Farm Animals, as defined by Section 150 of the City Code, and
regulated by Section 300.13, Subdivision 15E of the City Code. All such
fences shall be removed by the property owner within 6 months of the
termination of the keeping of Domestic Farm animals, unless an extension
is specifically authorized by City Council action.
2. Fences of any type installed by Municipal, County or State governments
and Public Utilities for facility security or the delineation arid/or protection
of Public Rights -of -Way.
-- Deleted: ¶
11
11
11
'•
Formatted: Indent: Left: 0"
3. Temporary Fences.
matted: Bullets and Numbering .)
Failure to obtain a City Fence Permit prior to the installation of any fence subject to this {_Formatted: Indent: Left: 0"
regulation shall result in an automatic double permit fee, in addition to any corrective
measures to bring said fence into compliance with the standards for fences prescribed by
the Lake Elmo Zoning Ordinance.
302.08 - Fences as Non-conforming/Hazardous Structures
Fences shall be considered to be structures for the purposes of applying the terms of the
Non -conforming structure provisions of the Zoning Ordinance, and the Hazardous
Structures provisions of City Code and State Statute.
302.09 — Other Provisions of Code
To the extent that provisions of this Section may conflict with other provisions of the
City Code regarding the regulation of fences and screening, the provisions of this Section
only shall apply.
Section 2 — Amending Section 150 Definition of Fence
The Section 150 definition of "Fence" is hereby amended to add the following: "...not to
include any roof or covering,"
Section 4. Effective Date: This ordinance shall become effective upon its passage and
publication according to law.
leted: Section 3, Renenleti
ioi 136D, of the City Code is hereby
eeled in its entiretyl
ADOP 1ED by the Lake Elmo City Council this th day of October,. 2004. leted: 4
Deleted: August
Lee Hunt, Mayor
ATTEST:
Martin J. Rafferty, City Administrator