HomeMy WebLinkAbout04-05-83 CCMLAKE ELMO CITY COUNCIL MEETING, APRIL 5, 1983
Mayor Eder called the meeting to order at 7:03 p.m.
Councillors present: Morgan, Fraser, Mazzara and Dunn. Also present
Administrator Whittaker and Attorney Marshall.
1. AGENDA: Additions -
6. A. - Pete Schiltgen - Hutchinson Rezoning
14. B. - Announcements
14. C. - Morgan - Landfill Proposal
14. D. - Eder - Loyalty Day ProcJa4Imation
Postponed -
10. B. - Weed Sprayer
11. E. - Water Tower Alarm Bids
M/S/P Mazzara/'Fraser to accept the Agenda, as amended. Carried 5-0.
2. MINUTES - MARCH 15:
Correction- Page 6, Paragraph 3, Item 6 -
° Quest#eaed-}f Stated the reasons cited by the Planning
Commission would not_be deemed legally sufficient by a court.
M/S/P Morgan/Fraser to accept the minutes of March 15, 1983, as
corrected. Carried 5-0.
3. CLAIMS:
M/S/P Morgan/Fraser to approve Claims 83598 thru 83644. Carried 5-0.
4. PUBLIC INQUIRIES: None
5. CITY ATTORNEY:
A. Financing Watershed Plan - Attorney Marshall advised the Council
t at an approved Watershed and Capital Improvement Plan, prepared
by the Water Management Crgani-zation, must be developed before a
special tax district can be set up for watershed planning in
the Cottage Grove Ravine. At this time, General Fund monies
would have to be used to prepare a plan.
Mayor Eder explained to the audience why the Council considers
a . plan necessary and the reasons for considering a
special taxing district. Cost estimate for preparing a plan
was $12,500.
Comments-
--Tom Armstrong, 8291 15th St. N. - less than 1,000 acres is in
the Cottage Grove Ravine. This is a single stream starting
in Oakdale and ending in a landlocked swamp south of I-94.
Concerned about anc assessed cost per acre (approx.$12/a) for
a plan. There have been no problems in this area. Cautioned
Council on joining a Joint Powers Agreement- could result in
high assessment costs for the City.
--Ray Marshall - Statute 509 provides that a special tax district
can be set up, once a plan is approved, but does not require that
the City prepare a plan before the Watershed District does.
--Whittaker - considering a plan so that the City is prepared when
this watershed is developed - plan would document that the City
is retaining its run-off and should not be assessed for planning
or construction of subsequent improvements downstream.
CITY COUNCIL MEETING, APRIL 5, 1983
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5. CITY ATTORNEY:
A. Watershed'Pl'an Cot'ta�geTGrov'e Ravine -
--tiVhttaker — delay in developing a plan may result in standards
imposed upon the City that are very different than what the
City wants.
--Fraser - suggested compiling pertinent information and calling_
a meeting with the affected property owners to get their
opinion.
M/S/P Fraser/Dunn directing the Administrator to notify all property
owners in the proposed Cottage Grove Ravine Watershed of the City's
desire and re4sons to develop a_watershed plan for this area and
call a meeting with these property owners to develop input for the
Council to consider before making a decision on ordering a watershed
plan. Carried 5-0.
B. Resolution
the Formation of a WMO by Joint Powers
+ay+.. .+u�.u� y i .uc VVtl0.lJ.0 \]LVVC RQV LIIC —
The Council generally did notwant to take action on the
Resolution before reviewing the input from the property owners
in the area.
--Whittaker - the resolution is an agreement to enter into
negotiations for a Joint Powers Agreement. It will not bind
the City to sign a Joint Powers Agreement later on. Developing
a watershed district will still be an option. Also, because(,6f
the size of the area involved two districts may be formed -
Cottage Grove and Cottage Grove Ravine.
M/S/ Fraser/Eder to adopt R-83-26, a Resolution Supporting the
l Formation of a Water Management Orqanization by Joint Powers
Agreement for the Cottage Grove Ravine.
Discussion -
--Whittaker -Joint Powers qives the City more control than a
Watershed District.
--Armstrong - Joint Powers would be in the best interest of the
City - wording and construction of the agreement has to be
carefully done because of the size of Lake Elmo.
Carried 5-0.
LAKE ELMO CITY COUNCIL MEETING, APRIL 5, 1983
-3-
6. HUTCHINSON REZONING FOR C&NW AUTO UNLOADING FACILITY:
A. Pete Schiltgen Mr. Schiltgen noted three areas of concern:
1. Water and drainage of the site.
2. Prime ag land factor
3. Preservation of open space - City has an opportunity to pre-
serve this property, which is a natural resource and maintain
it as open space.
Mr. Schiltgen presented slides that identified the site;
outlined the water flow to the site and the drainage area and
emphasized the flatness, productivity and potential of the
property, lie urged the Council to take all these factors into
consideration when: considering the proposal.
B. Richard Ostlund - C&NW Representative - identified the location
of the proposed site and stato� d the "railroad is requesting
rezoning of the Hutchinson property as shown in the slides.
Issues to be discussed-
1. Operation of the facility
2. Impact of the facility on the community and the economic
benefit to the City.
3. Drainage.
The request is pursuant to the suggestion of the Council in 1979
when Willis Hutchinson was notified in writing that although
his property was being rezoned to present use when a plan
for light industrial development were presented, as set forth
im the Comp Plan, it would be considered for industrial use.
This facility is such a ,plan. It is an industrial use and
consistent with -the Comp Plan.
Mr. Ostlund explained the facility as outlined in the April 11
PZC minutes. He referenced page 77 of the Comp Plan and -addressed
the five goals of the plan as they relate to the proposal.
AG use was considered but deemed inappropriate based on the
location of this property b-
y .the railroad and the airport.
Property was zoned Industrial for 20 years - this intended use is
the reason Mr. Hutchinson held the pi:;perty over the years.
Facility will not significantly add to railroad noise presently
heard by area residences - noise is not like the noise associated
with a switching operation.
Facility is non-polluting - no chemical or fuel discharge from the
cars.
Ponding and drainage will comply and meet all related regulations.
C&NW :is negotiating to purchase an additional 13 acres south of
the tracks from Mr. Hutchinson for ponding - have approximately
four acres on the facility site.
Manning Avenue - have received a written response from Washington
County Highway Department - letter dated March 3, 1983, from
Charles J. Swanson, Ppunty Engineer,. Intend to comply with
all conditions required by the County.
Axle weight limit on Manning - Manning has a 9,000 # axle wt.
limit - trucks using the facility will have 4-5 axles weighing
approximately 60,000# and will fall within the restictions
placed on Manning.
r Closing remarks - Mr. Hutchinson held the property over many years
was instructed he could develop it industrial and it would fit
the .intent of the Comp Plan - believe this plan, as developed,
fits within the Comp Plan, contingent upon meeting drainage re-
quirements.
LAKE ELMO CITY COUNCIL MEETING, ARRIL 5, 1983
=
6. HUTCHINSON REZONING FOR C&NW AUTO UNLOADING FACILITY:
B. Richard Ostlund - Facility will be financially beneficial to
the City and residents - local contractors will be solicted to
bid on facility work. This is one of the only proper uses for
property because of airport zone restrictions - have an opinion
from the Airport District that this facility would be consistent
with their guidelines. While bringing benefits to th City, the
facility'is upholding one of the C.,omp Plan's primary goals by not
necessitating City 'Services withotiift corresponding benefit. No
City Services are involved in this use - good clean light industry
which will draw similar accessory uses.
Audience Comments-
-Vance Grannis, Jr., Attorney for Willis Hutchinson -
Referred the Council to,a letter sent on behalf of Willis
Hutchinson dated June 29, 1979, objecting to the zoning
change in the then proposed Comp Plan. Noted that Mr.
Hutchinson is not a farmer and did not buy this property
for farmland - land was purchased as an investment with the
intention of developing it into light industry uses. Referred
the Council to a letter sent Mr. Hutchinson from the City dated
10-4-79, which suggests industrial use when a plan for this
type use is develped. Mr. Grannis distributed copies of this
letter to the Council. Because the property is presently being
farmed does not mean this is the best and/or highest use for
this land. The property is not providing a financial return
to enable it to continue to be farmed_ Mr. Hutchinson bought
the property for investment and has done what was proposed in
1979 letter from the City .
-Roger Knutson, Attorney for Willis Hutchinson - Believes Mr.
Hutchinson could have contested the down -zoning done in 1979 -
did not make an issue then nor does he want to now - clear that
if this property remains agricultural he will be deprived of
all viable economic use of his property. Presently getting 1-2%
return on his investment - not many other projects could go
in on this property considering the proximity to the airport
and other development constraints. Request the Council to act
favorably on the rezoning.
-Stan Rapp - Lake Elmo Business Association Representative -
read a resolution passed by the Business Association supporting
the proposal and urging the Council to approve the rezoning
and facility.
-Bill Stouvenel, 8552 Lake Jane Trail, Local Resident & Realtor -
been selling property in this area for past 13 years. In the past
interst in the property for industrial use Vras diminished because
it lacked the facilities to serve industrial'development.
Believes,.i.as a tax payer -and -local realtor, that the proposed plan
is the only logical one for the parcel.
-Ken Sovereign, past Planning Commission Member when property
was initially zoned Industrial - On the original Planning
Commission that laid out the Village in 1956-57. Commission
at that time consisted of Leo Schiltgen, Tom Kleis, Noble
Schumman and Ken Sovereign. Commission at that time decided
there had to be some industrial land that could be used for
purposes other than agriculture. Decided this was the most
logical parcel in the township that could be used for commercial
purposes without interferring with any other land use in the area.
This is why for 20 years this land was zoned commercial (industrial)
LAKE ELMO CITY COUNCIL MEETING, APRIL 5, 1983
-5-
6. HUTCHINSON REZONIZNG:
Audience Comments -
-Nancy Prince, Planning Commission Chairman -has a problem with
comments stating this proposal adheres to the present Comp
Plan. Believes the present plan is just that, a plan. It
can be changed as the years go by. Plan was written in 1979 -
it is now 1983 and this should be kept in mind. Plans for
the City have changed some - Section 32 has now been planned
for industrial type development. Personally feel should
concentrate the industrial development in this section -
would be wiser to aim industrial areas towards this section
rather than spread them out. Believes ideas on this have
changed since the plan was written in 1979. Noted there are
only .three large ag land areas in .the City —area east of
Lake Jane, Armstrong property and this area.
These are the only large t)locks worth saving. Maps on page
32 and 33 point out soil limitations for development and this
area is identified as having severe limitations. Water
considerations have to be addressed now - not later on.
This is alot of blacktop, if not kept in agp believe industrial
use should be a few buildings scattered on grass. urged the
Council to keep the other sections, not only the land use
section, of the Comp Plan in mind when making a decision.
Also pointed out that the City is not to be a watch -dog for
someones investment - we are here to do what is best for the City.
-Chuck Swanson, Washington County Engineer - referred the Council
to his March letter,- to the City Administrator_. 'Ile gave a
brief breakdown of the bons erns' Gutlined in his letter.
Additional Spur Crossing - County believes C&NW should absorb
the cost of installing tlie-rubber crossing for a spur
crossing on Manning.
Signal Up -grading - addressed`by C&NW in agreeing to the
improvement .
Drainage - working with C&i1W on this - satisified with
their intention to resolve thpa;drainage question through
VBWD.
- Traffic - Because of truck turning movements both north
bound and south bound on County 15, a right turn lane
should be provided for south bound traffic and a by-pass
land provided for northbound traffic. Suggested that C&NW
do this up -grading work in conjunction with the completion
of the County work on the shoulders.
- Weight Limits - see no problems - normal gross on a full
tractor/trailer is 68,000# - legal weight they could haul
would be 72,300# or 4,000# under the legal weight. Manning
is a 9 ton road - plan to reconstruct to 4-lane between
I-94 and County 70 in 1984;and between Minnehaha (Co 70)
and the tracks is scheduled for reconstruction in 1985-86;
Area from the facility to Highway 5.was reconstructed in
1982. See no problem with the carrying capacity for Co. 15.
-Russ Kirby, Chairman Baytown Township Planning Commission -
Q. Has this been before VBWD?
A. Concept has been presented to them. Initial plan submitted
to their engineer, Nels Nelson. Initial response was that
the water has to be ponded on -site with additional acreage.
C&NW in the process of conducting an internal engineering
study to meet the requirements of Valley Branch. Rezoning
is requested contingent upon meeting the requirements of VBWD.
Initial blacktopped area will be 50A with a proposed expansion
area of 10-15 acres. C&NW will be the fee owners.
LAKE ELMO CITY COUNCIL MEETING, APRIL 5, 1983 -6-
6. HUTCHINSON REZONING:
Audience Comments:
- Fraser noted that several neighbors were in the audience
and asked if they had any comments.
- Jerry Panning, Division Manager-C&NW - addressed the noise
question - there will be no more noise than that generated
by a train going through town. Not a switching operation -
noise will not be a breaking or coupling of cars. Cars
will be pushed onto the spur track.
- Leona Jacobson, Stillwater Boulevard - home is directly north
of the facility. Going to be affected by the noise and the
trains - against the facility.
- Morgan - questioned problems with traffic going west on Co 5
from Manning.headiug west to 694.
- Railroad Rep - do not anticipate any problems - anticipate
majority of the traffic going or coming north and south
from I-94. Truck traffic is projected at 5/hr out of the
facility. Sightlines on Manning good.
- Frank Jenko, C&NW Market Manager - in response to Councillor
Morgan's question, Mr. Jenko explained the contracting
operation within the facility. Approximately 5500 cars will
be parked in the facility. Lighting requirements of the
will also be worked out.
- Dunn - asked the railroads response to the County''s March 3
letter.
- Richard Ostlund - none of the suggestions or concerns in this
letter cannot be worked out. Roger Knutson indicated that
he did not see a problem in meeting County requirements or
suggestions concerning the turn lanes or crossing.
- Roger Jocobson, Stillwater Boulevard north of the facility -
Where will the on -site holding pond be located.
- Richard Osterlund - indicated an area next to the tracks
also a possibility of acquiring additional property south
of the tracks, if necessary, or acquiring property from
Mr. Hutchinson for a minor ponding site to the north of
the tracks. Capable of arranging enough property either
on -site or immediately adjacent to meet VBWD requirements.
Explained negotiation situation with GM. _Requesting the
conditional rezoning because of the internal engineering study
being done to meet the requirements of VBWD and the City. If
property cannot be rezoned will have to assess rights or seek
a different facility or different community. This is not a
viable or feasible alternative - GM has viewed this-ste.and
determined it is a very favorable location which meets their
needs. ,
- Dunn - confirmed that the railroad will absorb whatever
costs the County deems necessary in improvements for this
facility.
- Richard Ostlund - do not anticipate any problems in working
out such details with the County.
- Mayor Eder - directed to the City Attorney - can the City
restrict the rights of an individual to develop this property
solely on the agricultural use agrument. What would make this
argument valid.
CITY COUNCIL MEETING, APRIL 5, 1983
-7-
6. HUTCHINSON REZONING:
- Ray Marshall, City Attorney - as desirable as the preservation
i of agricultural land is, do not believe it is a legally
l enforceable or sustainable approach, unless the City wants
to enter into a policy of,;purchasing land for ag preservation.
Appears Mr. Hutchinson ha.s a legal right to develop the
property in conformance with the City's Comp Plan and
Ordinance. If the City attempts to prevent this it does
so at its own peril and risks the potential of responsibility
for damages. No development of this magnitude can be allowed
without imposed conditions - any approval should be made with
all the appropriate conditions that are necessary to protect
the public health, welfare and safety. Cannot answer specifically
how to preserve agricultural land - legally, do not think,
the City can require:ag preservation based in posture with
this particular proposal.
- Eder - see it impossible to deny based on the facts given.
Think have sufficiently, over the years, developed a zoning
code, have screening ordinances, have multitude of regulations
that will have to be applied when considering site and building
plans. These must all be met before the development can
proceed. In terms of rezoning see no alternative for the
Council .
- Fraser - no justifiable reason to deny and support that
reason legally. Would be great to maintain as ag land -
but cannot deny the owner the right to use his property. City
has contributed publicly through Green Acres and Ag Preserves
to encourage people to retain ag land - this is an individual
owner choice.
Surface water - these,:requirements will have to be met.at the
appropriate time.
Negative issue is that it will be noisier for the neighbors.
Will be less pleasant sight to look upon - but do not see way
to avoid.
Positive issues include putting a facility of this type in a:
zone where little else could be used. Will also provide
additional tax base and jobs for the City. Belive the pluses
outweigh the minuses.
- Mazzara - shared Frasers' and Eders' position
- Eder - noise and screening can be addressed during the
engineering process.
- Russ Kirby - noted that although the Council cannot deny
on the basis of preserving agricultural land - believe
proposal could be denied if the Council felt there was an
impairment of health, safety and welfare. Concerned that
the Council is taking action before any input is received
from Valley Branch - one of the big problems in this area is
drainage. This action should come before Council action.
- Eder - explained City requirement that no more water may leave
the site after development than before. Their engineering
must confirm and prove that this regulation will be enforced.
- Attorney Marshall - This is a request for rezoning. Valley
Branch has no authority in the area of zoning and/or land use.
Nothing, at this point, for VBWD to review until a site and
building plan is developed for review by the City and them.
CITY COUNCIL MEETING, APRIL 5, 1983
6. HUTCHINSON REZONING:
MIS/ Fraser/Mazzara to adopt Ordinance 7949, an Ordinance
t rezoning.a 75 acre parcel -owned by Willis Hutchinsonddescribed
as follows:
That part of the NE 1/4 of Sec. 13, T29N, R21W, of the Fourth
Principal Meridian, bounded and described as follows: Beginning
at a point on the W line of the NE 1/4 of said Sec. 13, distant
44 feet Northwesterly, measured at right angles, from the center
line of the main,track of the St. Paul, Stillwater and Taylors
Falls Railroad Company (later the Chicago, St. Paul, Minneapolis,
and Omaha Railway Company, now the Chicago and North Western
Transportation Company), as said main track center line was
originally located and established over and across said Section
13; thency Northerly along said West line a distance of 1,631
feet; thence Easterly at right angles to the last described
course a distance of 260 feet; thence Northerly parallel with said
West line a distance of 15 feet, more or less, to a point distant
50 rods (825 feet) Southerly, measured at right angles, from the
North line of said Section 13; thence Easterly parallel with the
North line of said Section 13 a distance of 2,300 feet, more or
less, to a point on the West line of the East 60 feet of said
Section 13; thence Southerly along said West line a distance of
875 feet, more or less, to a point distant 44 feet Northwesterly,
measured at right angles, from said original main track center
line; thence Southwesterly parallel with said center line a
distance of 2,675 feet, more or less, to the point of beginning.
Discussion:
--Morgan - concerned that this is not an appropriate use - may
find a facility that would employ more people and bring more
revenue to the City. Concerned about the storage of 5,000 cars
and the nuisance of the number of trucks coming in and leaving
also concerned about the.number of trains being parked and
retreived each day. Believe there.tare other opportunities
for the use of this land that would be more approporiate than
than this proposal.
--Dunn - Sees the amount of truck traffic the biggest objections.
Airport Safety Zone is the biggest determinant as to what will
go on this property. Believes this is as good a use as could
go in there.
--Whittaker - Airport Zone Restrictions greatly limits the use
of this property as relates to number of buildings, density of
employees, etc. Area is very limited in terms of potential for
constructing industrial/commercial buildings which would employee
more people - Airport Commission would be concerned if a large
number of people- were proposad to be located in this area or
any kind of housing proposed.
Motion carried 4-1. Morgan opposed.
BREAK
7. ORDINANCE 7944 - OUTDOOR TARGET RANGES -CODIFYING CHAPTER 1300:
Whittaker referred the Council to the final draft that was
reviewed by the Gun Club. Wording changes were outlined in
the Administrator's Agenda Memo of March 31, 1983. He noted
a typo change on page 1302-1, paragraph 1302.020 Permit -
change this permit to the permit.
LAKE ELMO CITY COUNCIL MEETING, APRIL 5, 1983
7. ORDINANCE 7944 - OUTDOOR TARGET RANGES:
The Gun Club have indicated agreement with the draft.
--Morgan - suggested providing the Gun Club with a five year,
rather than a yearly renewed Conditional Use Permit,
--Whittaker-indicated with the new ordinance this permit will
be automatically renewed each year unless there is a change
in the operation or a violation of the permit that would
require additional consideration of the permit.
M/S/P Fraser/Morgan to adopt Ordinance 7944, An Ordinance Codifying
Chapter 1300 of the Lake Elmo Municipal Code relating to Outdoor
Target Ranges, Carried 5•-0.
8. ST CROIX VALLEY RIVERMAN DRUM AND BUGLE CORP - CUP RENEWAh FOR
FLEA MARKET AT VALI-HI DRIVE-IN:
The Council reviewed the Building Inspector's Memo of March 29,
1983, which outlined the conditions of their 1983 CUP. Councillor
Morgan noted that there were no problems reported about the
market in 1982 and recommended that the CUP be renewed for 1983,
M/S/P Morgan/Fraser to adopt R-83-27 , a Resolution renewing the
Conditional Use Permit for the St, Croix Rivermen Drum & Bugle Corp
to operate a Flea Market at the Vali-Hi Drive In, Conditions of
the permit will be the same as listed on the 1982 permit,
Carried 5-0.
9, LEONARD HANSON - ACCESSORY APARTMENT AT ROCKIN-L-TRAILERS:
Mr, Hanson requested permission to construct a;"grandmother"
apartment within his residence,- Because his trailer operation
is a'.pei-MiCted commercial use in Ag by way of a Conditional Use -
Permit, business zoning regulations do not apply, Mr.. Hanson
indicated he has talked to the Building Inspector and intends to
up -grade his septic system to accomodate the -apartment. Because
of the unusual circumstances the Council determined this request
was acceptable,
M/S/P Morgan/Fraser to approve the request from Leonard Hanson to
construct an accessory apartment within his home,, provided the
septic system is up -graded and all work meets the approval of the
Building Inspector, Carried 5-0.
10, PARK COMMISSION RECOMMENDATIONS:
A. $500 Fence outfield in Tablyn Park - Councillor reported that
the ballfield was put in by the Jaycees and that an unsafe
area exists between the field and a creek that runs along the
bal.lf_ield. The fence is proposed to be constructed next to
to an existing walking path, which is between the creek and the
ballfield, for 100 £t, along the center right field,
M/S/P Morgan/Mazzara to authorize a $500 expenditure for construction
of 100 ft, of fence along the center right field line at the Tablyn
Park ballfield, Funds will come out of the Parks Capital Projects
Fund. Carried 5-0.
B„ $450 - Weed S rayer - Posponed until April 19 meeting.
LAKE EIMO CITY COUDTCTL MEETING, APR.IL 5, 1.983 -10-
11. ENCINEER''S REPORT:
A. Final Plan - Reid Park 'Imp'rovements - Engineer Bohrer presented
t;ie final grading plan for -Reid 'Park, and noted that the plan
had been reviewed by the Park Commission. He ,then reviewed
the Master Plan for the park and recommended 5 improvements,rather
than the 6 proposed in the Master Plan,, be developed based
on the topography of the area, The five improvements were:
parking lot, ballfields, walking paths, Bennis courts, and
sliding hill. This is a phased improvement plan, with all
improvements done with the earth on -site. He reviewed the
construction plan for the parking lot. A culvert is planned
to prevent erosion created by the cul-de-sac on 31st St.
Phase I proposes construction and blacktopping of the parking
lot and brushing and graveling of the trails. The Park
Commission recommended that the first ballfield he graded,
and asked the Engineer to prepare a cost estimate. Bohrer
outlined the walkway areas he proposed to be blacktopped.
B. Bal.lfield Grading - Reid Park - Bohrer reported that the PAC
expressed interest xn gracTing one ballfield in Phase I. His
cost extimate to grade, seed and mulch the area was $7,000,
$2500 was budgeted for this work. This work is not eligible
for LAWCON funding, The Capital Projects Fund would have to
be used to subsidize the cost difference. Bohrer recommended
that the ballfield be bid as an alternate improvement when
bidding Phase I.work.,
M/S/P Morgan/Fraser to adopt R-83-28 a Resolution authorizing
the .letting of bids for Phase I Improvements in Reid Park
with and alternate bid for grading one ballfield.
Carried 5-0.
C. Waste to Energy Plant - Bohrer reported that the Project
Board and the'Admin strative Committee took no action on the
City's request for Project Planninq Funds. HDR, Project Engineers,
continue to plan on providing their own utilities.
Bohrer and Whittaker both indicated that it is time that the
City make a formal request that the Project Board consider
this issue. In doing their own cost study, HDR may be giving
the bottom line for what the County''s share is going to be.
Bohrer reviewed the proposed improvements - cost for this
proposal is $1,000,000. Preliminary cost for the entire Section
32 is $4,000,000. Bohrer indicated this would be an opportunity
for Section 32 property owners and the City to make the Board
aware that HD.R''s cost is about 1/4 of the total improvement
cost for the entire area. Bohrer offered the following
suggestions: 1. The City formalize its budget request in
writing and submit it directly to the Project Board, 2. Take
the position that all utilities servicing the plant will be
publicly owned and maintained facilities. 3. Since the planning
necessary to provide public utilities has been necessitated by
the W/E Project, the City's position is that this project should
also provide the budget for the utility work or agree to a pass -
through plan, etc.
M/S/P Fraser/Mazzara instructing the City Administrator and City
Engineer to prepare a letter to the Project Board outlining the
City's Budget request for the W/E Project Planning. Carried 5-0.
CITY COUNCIL MEETING, APRIL 5, 1983
-11-
11. ENGINEER'S REPORT:
D. Sealcoat'P'rram- Bohrer distributed the Sealcoating Feasibility
ep Rortwhieh qutlinedsan approach to meet the sealcoating
needs of the City. All the City streets were divided into three
areas and included in a 6 year program whereby 1/3 of the streets
would be sealcoated every other year. Streets would be seal -
coated on even numbered years with crack filling done by the
maintenance department during odd numbered years.
The program would begin in 1986. 1983-64 a''catch-up' program
is proposed, then the 6-year program would be initiated.
City would have to sell bonds to pay for the program which would
then allow the City to directly assess from 20 to 100% of the
sealcoating costs. If less than 100% is assessed the difference
can be levied to pay for the bonds. The City of Mahtomedi is
currently using this method of assessment.
--Morgan - suggested working out a method whereby the same
percentage of maintenancefundsare applied; as have been
in the past, to the yearly project and assess the remaining
costs.
--Bohrer - a regular sealcoating program will increase the
life of a street.
M/S/P Morgan/Fraser to table action on the sealcoating Progam for
two weeks during which time the City Engineer and City Administrator
will prepare a summary sheet of the proposed program and assessment
to be sent out with the Feasibility Hearing Notice to affected
property owners. Carried 5-0.
--Bohrer - informed the Council that the County has indicated
they would write a change order to include the City in their
1983 Sealcoat Program but stressed the importance of the
Council making a decision on the Feasibility Hearing at their
next meeting.
E. Water Tower Alarm Bids - Bohrer recommended extending the
ETEF letting time and the Council agreed.
12. PZC REPORT:
A. Annual Work Plan - Whittaker reviewed the Commissions plan,
an urgeAte' Council to turn in any additional items they
want included so that they can be scheduled. The Council
indicated the plan "looks good".
B. One Acre Lots - Zoning - Whittaker explained the rational
a:� —
of the Commission an considering tedueing the minimum lot size.
The general consensus of the Council indicated there was no
urgency to consider reducing the minimum lot size to 1 acre.
--Eder - what is the ultimate goad - the ultimate development (lot
size)from area to area - how would lots be split should sewer
and water come in - need to discuss future resubdivision of
new plats.
C. Reduction in 1 1/2 acre lots - Comp Plan - Whittaker outlined
the areas t e Commission deleted that were planned R-1 in the
Comp Plan. He explained this action was based on a recommendation
from the Met Council. The Council requested that the Commission
submit a preliminary proposal for Council review before calling
a public hearing.
CITY COUNCIL MEETING, APRIL 5, 1983
-12-
]3. ADMINISTRATOR'S REPORT;
A. Firemen Is -Spaghetti Dinner -
( M/S/P Morgan/Fraser to approve a temporary non -intoxicating
malt liquor license to the Lake Elmo Firemen for their Spaghetti
Dinner. Carried 5-0.
B. Coun:�ssessment Program - Whittaker reported that the
Couney-Ras proposed legislation that would permit them to
assess for improvements within City boundaries.
C. Code Books - Council members who want their Code Books
up -dated should bring them into the City Office.
14. MISCELLANEOUS BUSINESS:
A. Soo Line Trail to St. Paul - The Council expressed no
opposition to t e proposed extension of the Trail.
B. Clean -Up Day -
M/S/P Morgan/Dunn to set May 7, 1983 as Lake Elmo's Annual Clean
Up Day. Carried 5-0.
The Council agreed that the Administrator should continue to work
with the Eagle Scout who is interested in setting up a recycling
project during the May 7 clean-up.
C. Maintenance Department Work Plan - Whittaker distributed the
Summer Work Plan -for the Maintenance Department. Any questions
should be brought to the Administrator, not the Maintenance Foreman.
The plan was also forwarded to the Park Commission
D. Lake Jane Landfill - Morgan expressed concern about the
County rs proposed program to aereate the polluted water from the
landfill and run it through the Lake Jane pipe to City Park pond.
He cautioned that rigid monitoring is program is impara tive.
Whittaker will contact Valley Branch to verify if they gave
permission to the County to use the pipe and also contact
Bob Lockyear of the County and remind him that the City should
be consulted and apprised of any activity proposed to take place
on City property.
E. Loyalty Day - The Council aareed to proclaim April,28, 1983,
Lake E mty Dad',:,
F. East Area Section - The Council instructed the Administrator to
notify the St. Pau Dispatch/Pioneer Press that the City disagrees
with the papers proposed division of news areas for the East Area
Section. The logical area of division would be I-94, not the
C&NW tracks.
JIM BURNS,, 11140 20th ST. CT: Mr. Burns requested that the Council
prohibit his neighbor (Diane & Dave Morgan) from constructing a
fence along their property line to the edge of the cul-de-sac
pavement. He indicated this would create a hardship to him.because
he would have no place to pile his snow. He presented several
diagrams showing the location of home and configuration of his lot.
He also questioned the radius of the cul-de-sac - it is not the 60,
that was indicated on his plat survey. (Property is in the Schwartz/
Martinco Plat)
CITY COUNCIL MEETING, APRIL 5, 1983
-13-
JIM BURNS - CONTINUED:
-Eder - stated that the pavement of the cul-de-sac may not be
60' but would meet the 60'radius when the right-of-way is
included.
--Morgan,-property owner constructing the fence - wants to define
his property line because Mr. Burns has been digging up trees on
his property. Also, his driveway is in violation of the City
Code as it is 6" from the property line rather than the required
5'.
Administrator Whittaker will verify the ordinance regulations
concerning the location of fences on street right-of-way and
have the Building Inspector look at the Burn's driveway area ,
check the lot lines and the fence location. The ordinance does
provide that a fence can be constructed along a property line.
ADJOURN: M/S/P Morgan/Dunn to adjourn at 10:40 p.m.
RESOLUTIONS: 83-26 - Cottage Grove Ravine Joint Powers Formation Agreement
83-27 - CUP St. Croix Rivermen Flea Market
83-28 - Reid Park improvements - Phase I
Ordinances: 7949 - C&NW Rezoning --•�'� �c2rr4.. ���yyL1��C1,�z�.a
7944 - Target Range Ordinance
R83-28
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING THE CITY ADMINI-
STRATOR TO TAKE BIDS FOR CONSTRUCTION OF
A PARKING LOT, ENTRANCE, AND TRAILS IN
REID PARK UNDER STATE OUTDOOR RECREATION
GRANT 83T-5.
WHEREAS, the City Council has adopted a Master.
Plan for Reid Park including a parking lot, entrance,
and trails and applied for a State Outdoor Recreation
Grant to construct said improvements; and,
WHEREAS, the State of Minnesota approved a
State Outdoor Recreation Grant, project #83T--5 for
40 of the project cost; and,
WHEREAS, the City Council. reviewed the final
plans and specifications of said improvements at
their April 5, 1983 regular meeting;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF TAKE ELMO, WASHINGTON COUNTY,
! M'.INNESOTA;
THAT, said plans and specifications are hereby
approved; and,
THAT, the City Administrator is hereby author-
ized to take bids for said improvements,
ADOPTED, this the 5th. day of April, 1983, by
the City Council of the City of Lake Elmo,
SIGNED:
May L.� Eder., Mayor
Attest:
Laurence E,tta�Ccer ���
City Administrator
CLAIMS TO BE APPROVED AT APRIL 5, 1983 LAKE ELMO COUNCIL MEETING
83598
Gov.Training Service - L.Whittaker $
25.00
83599
St. Joseph's Hospital Fire Dept. Training, EMS
30.00
83600
Commissioner of Revenue - March State wh.
1,265.00
83601
St. Treas. - Soc. Sec. Contr. Fd. - March contr.
2,526.58
83602
St.Bank of Lake Elmo - March Fed. wh.
2,574.20
83603
Laurence Whittaker - April expense
50.00
83604
Lake Elmo Associates Ltd. - April rent
1,689,00
83605
Washington National Insurance Co. - April Hosp.
1,113.59
83606
Allied Group Insurance Trust
92.67
83607
Minn. Benefit Assn.
26.40
83608
Mary Meyer - 3/22/83 newsletter
200.00
83609
Rose Floral & Greenhouse - flowers for Parks party
8,50
83610
Wood Specialist - plaques for Parks party
23.85
83611
Ilene Johnson - Parks commission minutes
84.15
83612
MN City Management Assn. - 1983 dues
25.00
83613
Washington County Surveyors Office - maps
5.00
83614
Four Seasons Services - coffee etc.
36.,10
83615
Oakwood Animal Hospital - March
148.00
83616
Gerald Dahlberg - March animal control
274.00
83617
David T. Magnuson - prosecutions
360.00
83618
Lawson, Raleigh & idarshall - General $ 234.00
- prosecutions 473.00
707.00
83619
T K D A - General $ 686.33 -
Pass Thru 194.40
MSA 821.73
Reid Park 2',848.90
4,551..36
83620
James McNamara - March mileagem
192.00
83621
International Conf, of Bldg. Officials - 1983 dues
60.00
8.3622
Suburban Lighting - Fire dept.
83.88
83623
Ronald Johnson - Fire Dept. - truck repair
50.00
83624
Capitol Electronics - radio repair - fire dept
18.00
83625
U. of M. - fire dept - training fund
19.00
83626
American Heart Assn. - fire dept - CPR materials - EMS
11.34
83627
Northwestern Bell
285.39
83628
Northern States Power
1,758.82
83629
DEKO Factory Service - equip repairs - maint. dept.
44.60
83630
International Trucks - truck repairs - maint, dept.
65.95
83631
Vern's GTC Auto Parts - maint, dept.
32.79
83632
UNITOG - clothing allowance
214.03
83633
MN Toro, Inc. - Groundmaster Service School
20.00
83634 thru 83644 April 15, 1983 payroll 4:500.00
$ 23,171.20