HomeMy WebLinkAbout11-03-81 CCMMINUTES, LAKE ELMO CITY COUNCIL MEETING
NOVEMBER 30 1981
1. Mayor Eder convened the meeting at 7:12 p.m.
Present: Fraser, Morgan and Mottaz and Administrator Whittaker
Absent: Novak (arrived at 7:30 p.m.)
2. Agenda:
Whittaker asked the Council to add a Shoreland Variance for Heath
under item 12. E, a consideration of financing for LeMire under
12. F., the repeal of part of R78-79 under 13. E; access to Demon-
treville Park and the Pebble Park skating rink were added by Mor-
gan as items 14. E and F.; street light costs were added as item
15. D.; and the Christmas party was added as item 17.
M/S/P Fraser, Morgan - to approve the Agenda as amended. Novak
absent.
3. Minutes:
M/S/P Morgan, Fraser -to approve the October 20, 1981 City Council
minutes as written. Novak absent.
4. Claims:
M/S/P Morgan, Fraser - to approve Claims 81860 through 81890.
Novak absent.
5. Public Inquiries:
- Susan Dunn expressed her -concerns about the proposal to rent
office space from the Brookfield Company. She said she had strong
feelings against renting and would like to see the City in its own
building.
- Bruce Dunn said the City should take advantage of the excellent
bidding environment at this time and build now. He said there is
no way to predict what that environment will be 5 years from now
and that the City should not lock itself into a five year lease un-
less it can be sure that the construction environment will be as
good in 5 years.
Mayor Eder indicated that the Council would discuss this issue at
9:45 p.m.
There was time before the 7,:30 agenda item; so the Council consider some
items that were not scheduled for public discussion or hearing.
16. Licenses:
M/S/P Morgan, Eder - to approve a heating installers license for
Ed Brown, Stillwater. Mottaz abstained. Novak absent.
Whittaker announced that a Special Meeting had been scheduled for Nov.
11, 1981, at 7:30 p.m. with the VBWD on project 1006 and the I-94 outlet.
17. Christmas Party:
Fraser indicated the annual Christmas Party should be used as an
occassion to recognize the people who serve the City (employees, Park
Commissioners, Planning Commissioners, consultants, etc.). She sug-
gested some momento for each one who had served in 1981; and asked
the Council's pleasure.
- Eder asked for a proposed budget and volunteers to set this up.
M/S/P Morgan, Fraser - to appropriate up to $200.00 for the party
and momentos, with Fraser and Mottaz serving as the committee. Novak
absent. Arrives at 7:30 p.m.
CITY COUNCIL MEETING, NOVFMBER 3, 1981
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6. DEMONTREVILLE ACCESS:
Whittaker reported on the joint meeting with the DNR.
Commissioner Alexander indicated he would pursue condemnation
of the Kubitschek property for a parking lot if the City, the
County Commissioners, and the Tri-Lakes Association do notobject
to condemnation. The Administrator will present the access
and parking proposal to these groups as -soon as he receives a der.',,
tailed--pian from the DNRp after which an informational meeting
wi-11-be held for residents in the area,
-Ron Ott, 7831 50th Street - The parking laws have to be enforced
no matter who is responsible for the access - City or DNR.
Presently, the parking laws are continualiy'being:violated.
Suggest signing to designate the maximum number of boats allowed
on the lake.and regulations for lake use.
-Morgan - the message we have to get across to all concerned
parties is that,if done properly, the access and parking area
will limit the number of people on the lake rather than increase
it.
-Greg Fouks Demontreville Tr. - Believes,if agreement cannot
be reached with the DNR, closing the present access will force
the DNR to make a decision and act,
-Whittaker - City did tell DNR it would consider closing the
present access if they did not respond. Not sure this is
a negotiating factor.
-Fouks - If there is no City access, calls on an access can be
forwarded to the DNR. Problems will continue until a major step
is taken,
The Administrator will prepare the material for the informational
meeting and publish the meeting date in the Newsletter.
7. ORDINANCE AMENDING SEC. 301,040 Para. 11 - CONVENIENCE GROCERY AS
ACCESSORY TO AUTOMOBILE SERVICE USES IN HB ZONE;
The Council reviewed the Planning Commission recommendation
to approve amending the Zo ing..Ordinance to accomodate
convenience grocery as an accessory use in Highway Business
zones.
Whittaker explained that this amends the definition of
accessory use, but, does not set up a separate permitted use;.
M/S/P Eder/Morgan to adopt Ordinance 7930, an Ordinance
amending Section 301.040, Paragraph 11 of the Zoning Ordinance
to add the sale of groceries and dry goods to the permitted
uses in Automobile Service Uses when the sale of such goods
is accessory to such automobile service use.
The amendment will take effect upon publication.
15. ADMINISTRATOR'S REPORT:
A. DNR Recommendation on Shoreland Ordinance - The Council reviewed
the Planning Commission minutes on the DNR request to exempt
sub -standard platted lakeshore lots from the lot width requirement.
The Commission agreed with the Administrator's recommendation
against a blanket variance,
The Council instructed the Administrator to sen& 0NR a letter
stressing the importance of not amending the Ordinance and
why the few lots, that would require a variance, should be
considered on their merits.
CITY COUNCIL MEETING, NOVEMBER 3, 1981
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15. ADMINISTRATOR'S REPORT:
B. 1006-7 - Whittaker reported on the joint meeting with the
Board of Managers and the 1006 Petitioners. He suggested
the City determine what its needs are, .the constraints the
City would require on a petition and bring this to the Water-
shed District. The Council agreed a meeting with the VBWD
listing the parameters of the City would be the most effective
means of working towards resolution of the problem. The City
Engineer will.also_-attend the meeting (s).
-Morgan -key factor is the sizing of the project. Work back-
wards know how much excess water there is in Lake Elmo
and Tartan Park - can caluclate the number of acre feet then
size the project to handle that rather than to handle the
..,deluge that is predicted,
-Whittaker - figure out how long going toa,have a problem -have
rainfall accumulation curves that indicate how long various
problems will exist, and design a project that solves the
problem for this duration.Design a project to handle what
we know is going to be the problem for the period that we
are planning in (now until 1990).
-Morgan - explain what we want to the City Engineer, have,
him attend the VB meetings and keep a lid on the Watershed's
engineering staff.
The City will attend the next Valley Branch meeting, gather
whatever information is available and establish our position
for future proposals to Valley Branch.
8. HEARING - IRB FOR CONN-CO SHOES TO BUY AND CONVERT CROSSROADS
FORD BUILDING FOR THEIR USE:
Mayor Eder opened the hearing at 8 p.m,
Conn -Co Shoes, Inc. is applying for Industrial Revenue Bond
financing to buy and convert Crossroads Ford premise for use
as a retail store, central warehouse, and corporate offices.
Paul Bozonie;i representing Crossroads Ford;
.Richard Palimeter, Rothchild Financial Corp.;and David Johnson,
President Conn -Co, answered questions of the Council.
--Palimeter - the final bond _issue' will be'about. 1,2 million
dollars. Preliminary approval is requested for 2.2 million
dollars, per their application.
--Johnson - work will commence immediately on the minor modifications
necessary to open the retail operation. warehouse and Office
work should be completed in early 182.
--Bozonie - the taxes of Crossroads Ford are presently $48,186
There was no additional audience comments,
Mayor Eder closed the hearing at 8:13 p.m.
M/S/P Morgan/Mottaz to a adopt R-81-68, A Resolution giving
preliminary approval to a proposed Industrial Development
Project by Conn -Co Shoes, Inc, under the Municipal Industrial
Development Act and authorizing submission of an application
to the Commissioner of Securities for approval thereof.
9. ORDINANCE REZONING CROSSROADS FORD PREMISES FROM HB TO GB:
The Council .reviewed the Planning Commission recommendation to
approve the rezening-of,the Crossroads Ford property (10A) and
building to G:aneral Business.
M/S/P Morgan/Mottaz to adopt Ordinance 7931, An Ordinance
amending the zoning Ordinance to rezone Crossroads Ford property
(10A)_ and building to General Business..
CITY COUNCIL MEETING, NOVEMBER 3, 1981
10. HEARING & RESOLUTION ON THE VACATION OF 15TH STREET IN THE
REGIONAL PARK: Mayor Eder opened the hearing at 8.16 p.m;
Bob Lockyear, County Planner, updated the Council on the
final property acquisitions on 15th Street. One property
is waiting final settlement. This should be completed by
December 1:, at which time, the County will own all the property
along 15th Street. The County hopes to vacate Kelvin Avenue
this spring,
There was no audience comment.
The hearing was closed at 8:24.
The Council deferred action until advised by the County that
all property is in County ownership.
DEMONTREVILLE PARK ACCESS:
Morgan reported on his conversation with Roger Derrick on the
problems with the park access.
The Administrator and the City'Attorney are meeting with Derrick's
attorney November 5. The City will maintain its position that
a clear unobstructed easement is required, per the requirements
of the plat and the original agreement with the City.
PEBBLE PARK SKATING RINK:
Larry Bohrer reported that the rink has been graded and is flat.
The Administrator will notify the Maintenance Department that
the rink should be cleared of rocks, a clay sealer be spread,
and the protective cover be placed over the well head.
15. ADMINISTRATOR'S REPORT:
E, Other - Street Light at Highlands Trail and Hilltop -
Whittaker reported that the street light is not within 100 ft.
of a transformer, therefore, the minimum cost of putting in
the light is $620. NSP does not charge for units within 100 ft,
of a transformer.
--Mottaz - referred to his previous suggestion that the 3-4
residences -get together -and hook up a night'_watchma,n light
to one of the home transformer lines and share the cost. If
this was not agreeable request the petitioners to share the
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installation costs.
M/S/P Mottaz/Novak to amend the Street Lighting Policy to
provide that_.installation charges will be paid for by.,the
petitioners.
The Administrator will notify the petitioners for the Highlands/
Hilltop light of,the Anstallation charge and the Council's
position that petitioners are responsible for these charges,
and suggest the shared watchman alternative.
11. VARIANCE REQUEST - JEFF BURGOYNE FOR SEWER SYSTEM IN FRONT YARD:
Engineer Bohrer reviewed his letter of October 30, 1981 -
Re: Septic System Variances, Lot 6 Block 1, Myron Ellman Add.
Commission No. 7113-817 giving his report and recommendations
on the Burgoyne request. The system can meet the Code and
Ordinances by granting variances to setbacks from buildings
and property lines with certain reservations and qualifications,
as indicated in the report,
CITY COUNCIL MEETING, NOVEMBER 3, 1981 -5-
11. BURGOYNE VARIANCES:
In addition to the Engineer's recommedations the Council
required yearly inspegtion.of-the systems -by the home owner,
to insure the system is operating properly,
The Council discussed metering the water use and the use of
the vacant lot, next to Burgoyne, as a future drainfield site.
M/S/P Mottaz/Morgan adopting R-81-69 granting a varinace from building
& property line setbacks, but not from the 10' waterline setback,
because that is a Minnesota Health Department regulation,
subject to the following conditions:
1. On page 3 of the percolation report - the distance between
the bed and the water line should be 101. The bed dimensions
should be 20' x 32.51. The spacing between the distribution
pipes should be 5''-0". The water line in a north -south direction
should be eliminated, The street right. -of -way line should be
shown on the east edge of the bed,
2. On page 5 of the percolation report - revise the spacing to
5'-0" between distribution pipes.
3. On page 6 of the percolation report - the drawing shows the
bottom of the bed 18 inches below the ground surface and
ground mounded up 6 inches. This may interfere with surface
water drainage away from the house, It is recommended that
the bottom of the bed be placed 24 inches below the ground
surface and no mounding occur.
4. The distribution box be fitted with a baffle to evenly
distribute the effluent.
5. The existing septic tank is proposed to be reused, if this
is done, the cover should be removed, entirely cleaned out, and
inspected for water tightness before reuse.
6. The northerly side yard should be sodded after construction
because of its steep slope,
7. The applicant should be made aware that this system just
meets minimum standards. The occupants of the house should be
encouraged to practice water conservation as much as practical.
8. A yearly inspection of the system be made by the homeowner
with the results forwared to the City. Inspection entails
opening the distribution box to verify that there are no solids
present and opening the septic tank and measuring the depth of the
sludge and water level in the tank.
Mr. Burgoyne will have to identify the corner boundaries of the
property before beginning construction.
The Engineer's letter will serve as a basis for inspection of
the system during construction.
CITY COUNCIL MEETING, NOVEMBER 3, 1981
12. ENGINEER'S REPORT:
A. Cimarron Wastewater Treatment PlantT& Lake Rose Flood: Stuqy -
BohrerTreported on Cmarron's plan to improve the screening
capabilities of their sewage treatment plat, per his November 2,
1981, letter - Re: Treatment Plant Improvements, Cimarron Park
Commission No. 7113"81. This will have no effect on the flood
levels and can be handled through the normal building permit
procedure.
Bohrer reported on his joint meeting with Steven Taylor, Cimarron,
Cimarron''s Engineer, VBWD Engineer, and the City Administrator
to discuss the rising water level on Lake Rose. They concluded
Lake Rose has risen 1 1/2 ft. over the past year and will continue
to rise to an unacceptable level and will have to be lowered
by some means between now and when a permanent outlet to Horse-
shoe Lake is constructed, Also, they determined,that the high
ground water is not what is filling up the lake. Although, the
high ground water is preventing the lake from seeping®as it has
in the past. The bottom„of Lake Rose is quite impervious. Two
recommendations were made to Mr. Taylor. 1, Cimarron, assume
the financial responsibility to experiment cleaning out the bottom
of the effluent pond on their property that is experiencing seepage
problems. This would provide information on increasing the seepage
on Lake Rose, 2. If nothing is gained by the dredging experiment
he should petition the City (.For a project to maintain Lake Rose
at an acceptable level. The increase in Lake Rose is from run-off.
B. Generator for City We11lStudy -
Bohrer reviewed his letter of November 2, 1981, Re: Generator
Unit, Commission No. 7113-81, outlining the two alternatives
.for obtaining generating equipment. Because of the costs
involved with the two alternatives and the down -time of the
pump due to power failures appears insignificant, the Engineer
recommended a rigorous maintenance program for the existing
pump and motor, since the potential for long duration down -time
is higher with a pump failure vs power failure. The Council
agreed. The Administrator will check the past maintenance --
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records of the pump and generator in addition to pump failures
and power outages.
C. Hedges Easement
Whittaker reported that the Hedges have a City culvert on their
lot. As this is not oncm easement, they would like the City to
locate and define the easement so that their title on the lot
,will be clear. Whittaker recommended hiring TKDA or Bruce Folz
to locate the culvert, define the easement, and draw it up.
M/S/P Eder/Fraser to authorize Bruce Folz to do the necessary
work.
D. Jamaca Improvements -
The Ccuncil reviewed the Engineers letter of October 27, 1981,
Re: Jamaca Avenue Extension, Commission No. 7113-81, on his
recommendation for Jamaca Avenue.7f the gravel portion of the
road is to be opened to general traffic, it should be bituminous
surfaced and traffic control sighs may be used to enhance the
traffic flow.
CITY COUNCIL MEETING, NOVEMBER 3, 1981
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Jamaca Improvements - The Council reviewed the sign placement
reco`mm ended by tie Engineer and determined stop signs (no yield)
should be placed at Jane Road N and Jamaca Avenue N. and at
Jamaca Avenue N and Jamaca Blvd. N.
--Whittaker - biggest question is the cost of improving Jamaca Ave.
Have an emergency road maintenance fund that could be used for
the improvement.
The Council decided to defer action on improving Jamaca Avenue
and put it on a Later agenda.
M/S/P Novak/Morgan to put up the STOP signs (not yield),as
recommended by the Engineer, at Jane Rd. N. and Jamaca Ave. N.
and Jamaca Avenue N. and Jamaca Blvd N.
E. Heath Shoreland Permit -
The Engineer revie dais letter of October 21, 1981, Re:
Shoreland Permit, Lot 1, Block 1, Eden Park II, on the
application of Dick Heath to construct a garage at 11950 21st
St. N.. The Engineer recommended that the minimum building
elevation for the garage be 895 :-The DNR recommended that the
garage be no closer to the water than the house presently is (1001).
unless a hardship can be shown. The Heath's are proposing 65•t-+
from the OHWM.
Mr. Heath indicated the garage cannot be located elsewhere on
the property. Their drainfield is located on the -west side
of the house and there is no place on the front of the house
to attach it. The structure will be supplemental storage garage.
Mr. Heath also noted that he did not want to obstruct the view
of the house next door with his garage, and had the structure
designed to fit the contour of the land and fit the design of
the house,
--Heath - saw no problem in complying with the Engineers recom-
mendation of 8951.
--Engineer Recommendation - the 8951buildinq elevation.
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No recommendation on the set -back from the water - not an
engineering requirement. The variance does not require DNR
approval.
Whittaker - this is first time DNR has recommended against
a variance - believes anything under 100' is too close - future
problems.
--Bohrer - with all the variances,discretionary decision - if
feel applicant has demonstrated the hardship,then it can be granted.
--Fraser - feeling DNR would modify their position if material
were presented to demonstrate a hardship.
--Whittaker - Have Mr. Heath demonstrate the hardship to the DNR.
--Heath - DNR indicated they would go along with the Council's
decision.
--Fraser - How would you spell out the hardship?
--Heath - Feel it's only place practical to put it from the
standpoint of the appearance of the house and the effect it would
have on the neighbors house - doesn't block anyone view - best
from their standpoint in that the back of the house is in a
�.- wild state and it lends itself in putting it there. A slope
on the east side. Would consider the west side of the house/garage
if the septic/drainfield was not there and it did not face another
house,
CITY COUNCIL MEETING, NOVEMBER 3, 1981
am
Heath Shoreland Permit/Variance -
— eraser - How_Ead is it if you don't build it at all?
--Heath -- Have had thefts in the area have boats, garden
tractor and equipment that do not want sitting outside.
Want it to protect their property.
--Morgan - he is not creating an additional problem - thinks
the man should have the right to use his lot as long as he
is not creating a nuisance or an additional problem for the
City or for his neighbors.
M/S/P Morgan/Mottaz to.grant a.::.variance to the Shoreland Ordinance
for Richard Heath to construct a garage within 65+ feet of Downs
Lake,, above 895 elevation.
F. LeMire Septic System - Lanes'Demontreville -
Louis LeMire..- 8084.Hi1 Tr. N:. :---The City instructed the LeMire's
to repair their.:septic system, Upon a request from the-LeMire's,
the City granted them an easement to use -a City lot in up -grading
their system: To date, the system has not been corrected and
the LeMire's now : have indicated they cannotafford to 'do -the -work.
--Whittaker - an opt'on_is to have the City do the work and
put it on his taxes - this gives him a one year delay.
Whittaker believes Mr. LeMire would agree to let the City put
in the system and assess it to him.
M/S/P Mottaz/Morgan to research the possiblity of the City
initiating the necessary work on the LeMire septic system
and assessing such work back to the property owner.
Motion carried 4-1. Eder voting nay. Eder does not want to
put the City in the position of financing these type of improvements.
BREAK: 9:45 p.m.
13. ATTORNEY'S REPORT:
A. Response to Paul Magnuson -
Ray Marshall reviewe- his Ietter of November 3, 1981, recommending
the City respond to Mr. Magnuson and indicate the reasons for
abandoning Project 1006; and forward a copy of .the letter,to
the City's errors and omissions insurance carrier, making them
aware that a potential claim exists against the City.
M/S/P Mottaz/Fraser to follow the Attorney's recommendation.
B. Report on Landfill Siting Process -
Ray Marshall reported on the law student's review of locating
a landfill in the Regional Park; and the legal courses the City
can pursue. In his review of the Park plan he discovered a
restrictive covenant and agreement, entered into by the County
and the Metropolitan Council that expressly prohibits the use
of said land for any prupose except regional recreational open
space. Bob Nethercutt, Director of. the Metro Parks and Open
Space Commission indicated his agency would oppose any change
in use of the park land in this case.
M/S/P Morgan/Mottaz instructed the Administrator to forward a
letter to Wa.shinghon County and the Metro Council, reminding
them of the restrictive covenant and agreement and requesting
that the Regional Park ''Reserve be removed from the list of
potential landfill sites.
CITY COUNCIL MEETING, NOVEMBER 3, 1981
ATTORNEY'S REPORT:
C. Unbuildable lots -
1. Ringwelski -
2. Opland -
Whittaker reviewed the Ringwelski and Opland request to
declare vacant parcels, that are contiguous to their Homestead
parcel, unbuildable for tax purposes.
Whittaker recommended that, if the Council is receptive to
this action, that land in excess of 1 1/2 acres, per Sec. 301.090B,
be declared unbuildable.
--Eder - just because a larger parcel is bought, more than the
minimum 1 1/2 A, this does not mean anything over 1 1/2A should
be declared unbuildable.
--Whittaker - by only permitting pre-existing parcels to qualify
for tax abatement would avoid eligibility for all parcels larger
than 1 1/2 A.
--Fraser - fails to see any justification for being relieved of
taxes in situations such as this. Not the same as Shervheim
where the lots are presently under water, Why not combine
all the parcels and have the house on one 2.6A lot.
The issue was tabled until the next meeting. The Administrator
will verify Board of Review action on the Ringwalski property
and will talk to the County Treasurer, Richard Stafford,
about combining all the parcels onto one statement.
The Opland's did not have over an acre and a half to combine.
/ D. MSA Notice Rights -
1 Whittaker reviewed the Attorney's letter of November 3, 1981,
clarifying the City's rights; and reinforcing the City's
justification to reapply for the variance. The Council agreed
to proceed with the reapplication.
E. Resolution Amendment on Jamaca Gate.- Foxfire Approval -
Marshall suggested --not adopting a-�anket:rescisszonnof- the
resolution, which approved the Foxfire Plat. The resolution
should appeal that part of paragraph 2, requiring the
developer to put up the gate.
The Administrator will prepare a revised statement of the
resolution for the next meeting.
14. OLD BUSINESS
A. 50th Street in Oakdale --
,it`£sker recommehded adopting a.resolution indicating that
Lake Elmo is not willing to part with the designation of Co. 13
on DeMontreville Trail„ encouraging the removal of the
designation from that part of Minnehaha and putting it on
50th Street. He will draft a resolution to this effect for
Council review. The Council agreed.
B. Snowplowing Contract -
Whittaker recommended the City contract with Bernie Meyer for
snowplowing service in 1982-83.
--Eder - asked about having the City crew handle the plowing
for this year.
--Whittaker - is waiting for a response from the Maintenance
Superintendent.
CITY COUNCIL MEETING, NOVEMBER 3, 1981
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SnowfPlowing Contract -
--Whittaker ac'cept the Meyer bid and have the Maintenance
Super call when he feels the City crew cannot handle the plowing.
M/S/P Morgan/Eder to accept the Administrator's recommendation,
accepting the Snow Plowing bid from Bernie Meyer. Mr. Meyer's
service will be enlisted at the discretion of the Maintenance
Superintendent.
C. Office Plans -
Whittaker reviewed the draft lease,with the changes suggested
by Jim Lammers, who reviewed the lease, and answered the concerns
raised by individual Councillors.
Kelly-Brookman and Jack Zignego were present to answer questions
on the lease.
--Novak - disputes the figures in the balance of the fund if
the amounts appropriated for paving of the Fire Hall parking lot
and improvements to the Fire Hall are deleted. Should remove
these costs from the reserve amount and levy them separately.
Will the Council Chambers in the rental area be available for
use by Community groups - lease indicates the building can only
be used for City puposes. What is the intent of renting - do we
intend to build in 5 years? If so, better approach is to build
now rather than waiting 5 years. "Would like this to be considered.
Many unknownsto be considered in 5 years. Ask that we keep
the present office building for options - feels will come out
equal or better monetarily if rent and invest the money. Mistake
to sell present building.
---Morgan - feels figures are slanted. Building costs at the end
of 5 years will be much higher. Feels we should have our own
building. Would change position on purchasing land if this would
prevent getting into a lease program, even if purchased the
land in Brookfield,
--Eder - did not see more than minor modifications to control.
traffic patterns to preserve the ingress and egress of the
Fire Department. Envisioned returning the present Council
chambers back solely to the Fire Department.
--Whittaker - Could show increase in revenue by leasing the
present building.
Morgan- tenatively planned parking lot improvements regardless
of plans for the present office building.
--Mottaz - not sure of the necessity to improve the Fire Hall
parking lot if it will only be used by the Fire Department. No
urgency to pave if only used by the Fire Department. Before
improving this area should do a study of the whole downtown area
to determine parking needs,
--Morgan - agrees,do not have a parking problem. Lot needs to
be layed out differently. Not a problem for City employees or
when there are meetings
--Fraser - no desire to improve the parking lot if do not have the
City Office in this location. Outlined the course of events to date.
Has no problem with renting - need to recognize that renting for
the City is different from an econmical, tax, depreciation point
of view than for a business or a family. Supports renting.
--Morgan - has changed position on purchasing land in Brookfield.
--Eder - reviewed % rates vs inflation rates.
--Morgan - most -insidious aspect of inflation is the cost of
replacing capital. At the end of 5 years, if you want your own
building, have a problem -far greater than it is today.
CITY COUNCIL MEETING, NOVEMBER 3, 1981 -11-
OFFICE PLANS:
M/S/_. Morgan/Novak to table action on the lease agreement and
reconsider purchasing land 'from Brookfield w -els8where in the
City and build a new City Office.
--Eder - much time has been spend on this, many alternatives
researched
Motion failed 2-3 Fraser, Mottaz and Eder opposed
M/S/P Fraser/Mottaz to authorize the signing of the lease agreement
between the City of Lake Elmo and Brookfield, Inc.
Motion -carried 3-2 Morgan and Novak opposed.
After interviewing several goncerris,on assistinq�, with the _
interior design work, the Administrator recommended the Council
hire.Janet Goltz, I.B.D. Interior Design.
M/S/P Fraser/Mottaz to hire Janet Goltz to do the interior design
work in: the new City Office, per her letter of October 30, 1981.
Motion carried 3-0-1 Novak abstained. Councillor Morgan left at
11:20 p.m.
D. Comp Plan Response to Met Council "-
_
Will�e read_.y for the Nove er l meeting.
ADJOURN: M/S/P Mottaz/Eder to adjourn at 11.30 p.m.
RESOLUTIONS: 81-68 - IRB - Conn Co., Inc.
81-69 - Burgoyne Variance
ORDINANCES: 7930 - Amending Sec. 301.040 Par. 11, adding the sale
of groceries and dry goods to the permitted uses
in Augomobile Service Uses.
7931 - Amending the zoning Ordinance to rezone Cross-
roads Ford property to GB.
RESOLUTION
CITY OF LAKE, ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION GIVING PRELIMINARY APPROVAL
TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT
BY CONN-CO SHOES, INC. UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING
SUBMISSION OF AN APPLICATION TO THE COMMISSIONER
OF SECRUITIES FOR APPROVAL THEREOF.
BE IT RESOLVED by the City Council of the City of
Lake Elmo, Minnesota, as follows:
1. There has been presented to this Council a pro-
posal by Conn -Co Shoes, Inc., a Minnesota corporation (the
"Company") that the City undertake and finance a project pur-
suant to the Minnesota Municipal Industrial Development Act,
Minnesota Statutes, Chapter 474 (the "Act") generally con-
sisting of the acquisition of an existing building and the
construction of improvements thereto and acquisition of equip-
ment therefor, all to be used in part in the business of the
Company as a retail, office and distribution facility and in
part to be leased to commercial tenants (the "Project").
Under the proposal, the Project facilities will be owned by
the Company, and the Company will enter into a revenue agree-
ment with the City upon such terms and conditions as are .
necessary to produce income and revenues sufficient to pay
when due the principal of and the interest on up to approx-
imately $2,200,000 Industrial Development Revenue Bonds of the
City to be issued pursuant to the Act, to provide monies for
the acquisition, construction and installation of the Project;
and the City will pledge its interest in the revenue agreement
to secure the bonds.
2. As requied by the Act, this Council conducted a
public hearing on November 3 , 1981on the proposal to
undertake and finance the Project'a ter publication in the
official newspaper and a newspaper of general circulation in
the City of a notice setting forth the time and place of hear-
ing; stating the general nature of the Project and an estimate
of the principal amount of bonds or other obligations to be
issued to finance the Project; stating that a draft copy of an
proposed Application to the Commissioner of Securities, to-
gether with all attachments and exhibits thereto, is available
for public inspection at the office of the City Clerk, in the
City Hall, at all times between the hours of 8:00 A.M. and
-A�_P.M. each day except Saturdays, Sundays and holidays
to and including the day of hearing.; and stating that all parties
who appear at the public hearing shall have an opportunity to
express their views with respect to the proposal. The draft
application to the Commissioner of Securities, together with all
attachments and exhibits thereto, was on file and available for
public inspection at the place and times set forth in the notice.
P.�
p
3. It is hereby found, determined and declared
that the Project furthers the purposes stated in Section 474.01
of the Act in that the purpose of the Project is and the effect
thereof will be to promote the public welfare by the attraction.,
encouragement and. development of economically sound industry and
commerce so as to prevent, so far as possible, the emergence of
blighted and marginal lands and areas of chronic unemployment;
the retention and development of industry to use the available
resources of the community, in order to retain the benefit of
its existing investment in educational and public service facil-
ities; by halting the movement of talented, educated personnel.
of mature age to other areas and thus preserving the economic
and human resources needed as a base for providing governmental
services and facilities; and the more intensive development of
land available in the area to provide a more adequate tax base
to finance the cost of governmental services in the Municipality,
county and school district where the Project is located. ,
4. The Company has entered into preliminary dis-
cussions'with Rothschild Financial Corporation as financial con-
sultant, and the financial consultant has reported that the Project
and the sale of bonds therefor are feasible.
5. The Company has agreed to pay any and all costs
incurred by the City in connection with the Project whether or
not the Project is approved by the Commissioner of Securities
and whether or not the Project is carried to completion.
6. The Project is hereby given preliminary approval
by the City subject to approval of the Project by the Commissioner-
"' of Securities and subject to final approval by this Council and
by the purchasers of any bonds to be issued as to the ultimate
details of the Project and as to the terms of the bonds.
7. In accordance with Section 474.01, Subd. 7 of the
Act, the Mayor, the City Clerk, and such other officers and repre-
sentatives of the City as may from time, to time be designated
are hereby authorized and directed to submit the proposal for the
Project to the Commissioner of Securities and request her approval
thereof, and the Mayor, the City Clerk, and other officers, em-
ployees and agents of the City are hereby authorized to provide
the Commissioner with such preliminary information as she may
require. The Company, Faegre & Benson as bond counsel., the City
Clerk, the City Attorney, and other City officials are also
authorized to initiate the preparation of a proposed loan agree-
ment and such other documents as may be necessary or appropriate
to the Project so that, when and if the proposed Project is
approved by the Commissioner and this Council gives its final
approval thereto, the Project may be carried forward expeditiously,
8. The Company is hereby authorized to enter into
such contracts, in its own name and not as agent for the City,
as may be necessary for the construction of the Project by any
means available to it and in the manner if determines without
advertisement for bids as may be required for the acquisition or
construction of other municipal facilities, but the City shall
not be liable on any such contracts.
Adopted by the City Council of the City of Lake Elmo.
this 3rd. day of November, 1981
Maynar dVL. Fier, Mayor
At est:
Laurence r Whittaker
City Administrator.
R-81-69
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
WHEREAS, Jeffrey Burgoyne has made application to the City of
Lake Elmo for a variance request and a permit application for the
construction of a septic system at a residence owned by him at 2832
Legion Avenue North within the City of Lake Elmo legally described
as follows, to -wit:
Lot 6, Block 1, MYRON ELLMAN ADDITION, according to
plat thereof on file and of record with the Washing-
ton County Recorders Office, Washington County,
Minnesota.
WHEREAS, the applied for construction can not take place with-
out a 'variance from the setbacks required from buildings and pro-
perty lines;
WHEREAS, numerous problems have been experienced by the ap-
plicant with the present septic system due in part to the rising
ground water, table in the area of Legion Pond. The applicant pro-
poses to construct a conventional bed septic system in the front
yard of the property;
WHEREAS, the City Engineer_ has reviewed the proposal and has
recommended granting the variance only upon certain terms and con-
ditions and;
WHEREAS, the City Council has considered the recommendations
of the Engineer and all the surrounding facts and circumstances;
NOW, THEREFORE, BE IT RESOLVED by the City Council,of the
City of Lake Elmo as follows:
1. The application of Jeffrey Burgoyne for a Variance out-
lined above be and the same hereby is granted on the fol-
lowing terms and conditions and subject to the applicant
agreeing to the terms and conditions outlined below and
evidencing that agreement by executing a copy of this
Resolution. The condition shall be as follows:
(a) The distance between the bed and the water line
should be 10 feet. The bed dimensions should be
20 feet by 32.5 feet. The spacing between the dis--
tribution pipes should 5 feet. The water line in
N-S direction should be eliminated. The street
Right -of -Way should be shown on East edge of the bed.
(b) The spacing between distribution pipes should be
5 feet.
(c) The bottom bed should be placed 24 inches. below the
ground surface and no mounding should occur.
(d) The distribution box should be fitted with a baffle
to evenly distribute the effluent.
(e) The existing septic tank may be reused provided the
cover should first be removed, the tank entirely
cleaned out and inspected for water tightness and
approved prior to reuse.
(f) The northerly side yards should be sodded after con-
struction because of its steep slope.
(g) The applicant acknowledges that this system meets
minimum standards only. The occupants of the house
should be encouraged to practice water conservation
as much as they possibly can.
(h) The applicant shall locate the lot lines prior to com-
mencing construction.
(i) The applicant shall provide the City with proof of
r
annual inspections of the system once it is installed.
(j) The water use shall be monitored by the City through
use of meter readings and the City will notify the
applicant if water use exceeds these minimum standards.
Adopted by the City Council of the City of Lake Elmo this 3rd
day of November, 1981.
CITY OF LAKE ELMO
By_--
Maynar Eder, Mayor
ATTEST:
Laurence Whittaker
City Administrator
I hereby acknowledge I have read and understand the above con-
ditions and agree to be bound by them.
-2- Je B gc ne
ilk bURGOYNE VARIANCESs
in addition to the Engineer's-r.erommadations the Council
required yearly inspection of the system,•by the home owner,•
to insure the system is operating properly,
The Council discussed metering the water use and the use of
the vacant lot, next to Burgoyne, as a future drainfield site.
M/S/P Mottaz/Morgan adopting P,-81-69 granting a var.inace from build
& property line setbacks, but not from the 10' waterline setback,
because that is a Minnesota Health Department regulation,
subject to the following conditions:
1, on page 3 of the percolation report - the distance between
the bed and the water line should be 1.01, The bed dimensions
should be 20' x 32.51. The spacing between the distribution
pipes should be 5'--0". The water line in a north -south direction
should be eliminated. The street right -of. -way line should be
shown on the east edge of the bed,
2. On page 5 of the percolation repor.t,- revise the spacing to
5'-0" between distribution pipes,
3. On page 6 of the percolation report the drawing shows the
bottom of the bed 18 inches below the ground surface and
ground mounded up 6 inches, This may interfere with surface
water drainage away from the house. It is recommended that
the bottom of the bed be placed 24 inches below the ground
surface and no mounding occur.
4. The distribution box be fitted with a baffle to evenly
distribute the effluent,
5. The existing septic tank is proposed to be reused, if this
is done, the cover should be removed, entirely cleaned out, and
inspected for water tightness before reuse.
6, The northerly side yard should be sodded after construction
because of its steep slope.
7. The applicant should be made aware that this system just
meets minimum standards. The occupants of the house should be
encouraged to practice water conservation as much as practical.
8. A yearly inspection of the system be made by the homeowner
with the results forwared to the City. Inspection entails
opening the distribution box to verify that there are no solids
present and opening the septic tank and measuring the depth of the
sludge and water level in the tank,
Mr. Burgoyne will have to identify the corner boundaries of the
property before beginning construction.
The Engineer's letter will serve as a basis for inspection of
the system during construction.
CLAIMS TO BE APPROVED AT NOVEMBER 3, 1981 COUNCIL MEETING
81860
Christ Lutheran Cuurch - Council supper
$ 28.00
81861
Cash - Change for CleanUpDays
50.00
81862
Bruce Rosenau - October Mileage
150.75
81863
Bruce Rosenau - Final Check
125.08
81864
David Eder - Help for Clean Up Days
16.08
81865
Dave Heuer - 11" it ifYt48.00
81866
Sectional Fire/Rescue Fund - Fire Dep't School
80.00
81867
Petty Cash Reimbursement
35.75
81868
State Bank of Lake Elmo - Oct. Fed. withholding
2,031.00
81869
Commissioner of Revenue - Oct. State withholding
786.40
81870
State Treasurer - Soc. Sec, for Oct.
1,958.72
81871
Laurence Whittaker - Nov. expense
50.00
81872
Washington Nat'l Ins. Co.
519.75
81873
Minn. Benefit Ass'n
26.40
81874
Allied Group Insurance Trust
86.34
81875
Kathleen Crombie - 2 PZC meetings
50.00
81876
G. A. Meyer Mercantile - Maintenance Dep't
195.44
81877
Water Products Co. - Water Dep't new meters
130.08
81878
TKDA Engineering - General $ 548.41
_
MSA 354.98
Sewer Study 2,102.12
Pass Thru 238.87
3,244.38
81879
T. A. Schifsky & Sons - MC Mix
33.00
81880
Barton Contracting - Gravel
36.98
81881
Mary Meyer - 10/27/81 newsletter
175.00
81882
Kenneth J. Brackee - Forester
95.20
81883
E.H.Renner & Sons - repair well at Pebble Park
97.50
81884
U. of M. - Minn.PELRA:UPDATE & ISSUES - conference
55.00
81885
Oakwood animal Hospital
94.00
81886
I.C.M.A. - books
61.75
81887
Northwestern Bell
163.12
81888
Northern States Power
931.87
81889
Sessing Architects - balance due
200.00
81890 thru 81900 November 13th payroll 4,800.00
$' 16,35'5 59