HomeMy WebLinkAbout06-21-83 CCMLAKE ELMO CITY COUNCIL MEETING, JUNE 21, 1983
Mayor Eder called the meeting to order at 7:05 p.m.
Councillors present: Morgan, Dunn, Mazzara and Fraser. Administrator
Whittaker was also present.
1. AGENDA: Additions
4. Green Acres - 3.2 License for:
Schroeder Milk
Schehan Family Reunion
13. Administrator's Report:
D. Park Commission Expenditure Request - Tablyn Park
E. Cost Estimate for 1984 LAWCON Grant Application
F. Citizen Complaint on Speeding on Lake Elmo Avenue
G. LEBA Dues
14. Council Reports:
B„ Eder - No Passing Signs on Highway 5.
M/S/P Morgan/Mazzara to approve the June 21, 1983, agenda, as
amended. Carried 4-0.
2. MINUTES:
June 4, 1983 - Corrections -
Page 3, Para. 9 - He cited....., action the on -the....
Page 4, Para. 3 - ...Klaers at a maximum of have -'half-time ...
M/S/P Morgan/Mazzara to approve the minutes of June 4, 1983,
as corrected.
June 7, 1983 -
M/S/P Morgan/Dunn to approve the minutes of June 7, 1983, as
written. Carried 4-0-1. Mazzara abstained.
June 14, 1983 - Deferred until July 5 meeting.
3. CLAIMS: Additions -
Lakeland Ford - Dump Truck #83856 $45,415.65
Carla Hendrickson - Slide for Tablyn Park #83857 $ 300.00
Council Salaries - 6mo payment 483858-83862 $ 4,000.00
M/S/P Morgan/Mazzara to approve Claims 83812 thru 83862.
Carried 5-0.
4. LICENSES: Additions -
3.2 Green Acres - Schroeder Milk - Company Party - July 24, 1983
- Cheatham Family Reunion - August 21, 1983
M/S/P Morgan/Dunn to approve the following licenses:
Green Acres 3.'2 Licenses:
Matschina Family Reunion - July 23, 1983
Schroeder Milk - Company Party - July 24, 1983
Cheatham Family Reunion - August 21,'1983
Carried 5-0.
LAKE ELMO CITY COUNCIL MEETING, JUNE 21, 1983 -2-
5. COUNTY 19 - COUNTY ENGINEER, CHARLES SWANSON:
Engineer Swanson reviewed the map outlining the plans for
extension of CSAH 19 from I'-94 to the Regional Park. He
will send a copy of this map to the City. He noted that an
additional 184' of r-o-w will need to be purchased through the
Hammes property between the frontage road and Goose Lake.
CSAH 19 is proposed as a 4-lane divided roadway with a 150'
treed/landscaped median. It will not be designated a parkway,
but: will have a parkway design. Funding for a.detached paved
bike path was made available and will be constructed with the
roadway. The bike paths within the park are a seperate facility
and will not be hard surfaced until additional funds are
appropriated. He up -dated the Council on other park improvements:
-- Interior park streets and parking for the ski and boat launch
areas are proposed for fall construction. Bids will be let
in late July or early August.
-- The boat launch is not anticipated to be open this year(83)-
looking for spring 1984 completion by the contractor. Will
notify the City if this is completed in late 1983.
-- The swimming area will not be opened in 1983; but a gravel
road will be provided to the nearby picnic area.
-- Existing buildings will be used for park headquarters. A
Contact Station will be located along the 4-lane entry road.
-- The culvert for Goose Lake will be replace
type unit which will meet Valley Branch requirements.
-- A 10 car pull -off area will be provided along the entry
route, at the SE corner of Goose Lake, for a picnic area
-- Access to properties south of loth Street along CSAH 19-
anticipating having to control the crossover between Hammes'
Dayton Hudson and Federal Land properties, but this is not
in the plan. Without a land use plan from the property
owners could not plan access: for the properties. Would like
owner input during the planning stage so that turn lanes
for anticipated cross-overs can be provided.
-- Washington County Parks and Open.Space Committee have
approved the concept
Council generally agreed to the concept plan] as proposed and
presented.
--Eder - believes the proposed concept addressed the �ity's
concerns. Recommended deferring formal acceptance: of the
proposal until next meeting, during which time the City will
notify adjacent property owners along CSAH 19 of the County's
comments- and see what response they may have. Also, this
proposal will be included in the next newsletter.
ASSESSMENTS -
Engineer Swanson stated that the City was the second community
in the early stages of acquiring the original right-of-way for
CSAH 19 to agree to assess a portion of the right-of-way costs
back to the benefitted property owners and reimburse the County
for a portion of their acquisition costs. He noted that this
has been done in several communities eg. Stillwater, Cottage
Grove, Woodbury and Mahtoine.di as a means of helping the County
extend its road program. He further explained the bill introduced
in this years legislature which allowed Counties the right to
assess a portion of road construction costs, including r-o-w,
/ against the benefitted property owners.
LAKE ELMO CITY COUNCIL MEETING, JUNE 21, 1983
-3-
5. CSAH 19 - Continued:
'Assessments -
--Eder - requested examples of how this was handled in other
communities and what costs could be expected. Also asked
the area of acquistion the County will need for the 1/4 mile
extension of CSAH 19 through the Hammes property.
--Swanson - 10-12 acres will be required for the r-o-w.
The Council concurred with the Mayor's suggestion before making
a determination.
--Fraser-can see a certain rational
owners benefit from a County road
rather see the approach of benefit
and implement a users fee and/or a
assessment more equitable.
--Swanson - presently users fee can
roads.
in stating adjacent property
improvement; but., would
tied to motor vehicle use
gas tax in order to make
only be applied to State Aid
The Council had no further comments and indicated they will
respond at the next Council meeting.
6. GENE PELTIER - 2430 LEGION AVENUE N. - PUBLIC HEARING 'ON
VARIANCES FOR REZONING:
Mayor Eder opened the public hearing at 7:50 p.m, and apprised
the audience of the hearing procedure.
Bruce Folz, representing Gene Peltier, explained the request, as
outlined in the Planning Commission minutes of June 13, 1983,
and reviewed the variances. In response to the City Engineer's
recommendations(Engineer's Memo of May 31, 1983), Mr. Folz
made the following comments:
Item 3. Concept Plan
A. Road System - Engineer recommended locating the proposed
lot Ott, north and lining up future street right-of-way
with existing Legion Lane, rather than to the north as proposed.
--Folz - topography of the property makes this recommendation
undesirable and unnecessary,.- terrain very steep at the proposed
Iodation - foresee problems such as drifting in during the "
winter and other associatedproblemsbecause of the steepness
of the grade. 250' jog is desirable to discourage through
traffic in this development and through Eden Park
--Engineer Bohrer - recommendation was based on maintaining
continunity of a road system, previously planned, and to
avoid a potential problem in the future by having three
intersections within 175' of each other. This is only a
recommendation - not strongly recommending that it be enforced.
Concurred with Folz's comments concerning potential problems
because of the terrain.
--Folz - further explained the reasons for the incompleted
portion of Legion Avenue .
RESIDENT COMMENTS:
r -Bob Stone, 3290 Legion Lane - questioned how surrounding
\_ residents will know how the Peltier property will develop
without a plat. Who will ensure the concept that is proposed
will be followed.
LAKE ELMO CITY COUNCIL MEETING, JUNE 21, 1983
6. PELTIER HEARING - Continued:
--Folz - this is a general concept plan of how the property
could be developed - basically showing access to Legion Avenue
and that the proposed lot and remaining property will have
access. Density will not be more than proposed on the plan.
--Ann Bucheck, 2301 Legion Avenue - is it necessary to connect
Legion Avenue in Eden Park to Legion Avenue in Ellman Addition?
--Folz - all past City road plans indicate a connection between
20th and 30th Streets. At some place from where Legion Avenue
ends in Eden Park the road will have to go east or west to Lake Elmo
Avenue or North to 30th Street - it would not be allowed to
continue as a dead-end. Aware that residents on Legion Avenue
want it to remain a dead end.
---Joe Higgins, 2395 Legion Lane - questioned the variances -
appears, if the requested variances are approved, what is
required in the ordinance do not mean anything - also, the
plan does not mean anything.
--Folz - plan was done as a concept - only showing the
location of the proposed 1 1/2 acre lot.
--Alan Alshouse, 2389 Legion Lane N. - as a. tax payer not
interested in seeing more roads to maintain. Believe this
would be an additional liability to the City should the
road be extended. Hold these things down that are not
necessary at this time.
--Joe Higgins - concerned about the extension of the road(Legion)
Believe it is unreasonable to require adjacent property owners
to pay a portion of the road extension construction.
Opposes a 1 lot subdivision - area should be platted just as
Eden Park was - all developers should follow the same rules.
--Bob Stone - Believe plan should be developed so that adjacent
property owners know what is going to go in. Without a plat
do not know what is going to happen to the property. Do not
want to see a piecemeal development - Development should
maintain the same demeanor as Eden park. Residents should
expect ordinances to be adhered to.
Agrees with Bruce Folz''s concern about locating the e/w
street in line with Legion Lane - concerned about water
and run-off. High density of children in this area. Any
type of through road connection would be dangerous. The
residential area atmosphere should be maintained. Believe
the street as proposed to the north is preferred because
of the terrain and incline.
--Linda Stone -25 children in this area. Bad area in the winter -
steep, slippery and icey.
--Folz - would prefer to not pave the extension of Legion Avenue
now, but wait until the entire parcel develops„and the
proposed lot becomes a part of that development. Would enter
into a private road agreement with the City. Road to.the
lot would be graveled and maintained by the property owner.
Asking that the lot can be conveyed by metes and bounds,
rather than a lot and block in a plat. The lot would be
included in a future plat for the property. Great deal of
additional expense in requiring platting for one lot - $700-
$800.
There being no further comments Mayor Eder closed the hearing at 8:17 p.m.
LAKE ELMO CITY COUNCIL MEETING, JUNE 21, 1983 $-
6. PELTIER HEARING - Continued:
--Whittaker - in response to Councillor Fraser's request
Whittaker reviewed the Planning Commission"s reasons for
recommending platting. He also explained the maintenance
agreement policy.
--Folz - platting of Eden Park included all the r-o-w for
Legion to the N edge of the property although the pavement
ends at Legion Lane.
--Eder - prefer property be platted; would agree to waiver of
ponding requirement, at this time; development agreement
for road maintenance should include future owners of the
lot - that they participate in the maintenance of the road.
--Fraser - platting should be required and street improvement
be required; agree with ponding requirement waiver.
--Whittaker - explained VBWD letter regarding ponding waiver
for 1 lot subdivisions - this has been past procedure, but
VB would like to meet with Council on how to better handle
this in the future. Also explained the difference and advantage
of platting vs metes and bounds.
M/S/P Morgan/Mazzara adopting Ordinance 7953 rezoning the south
250 feet of the north 435.84 feet of the west 261.36 feet of
east 301.36 feet of Government Lot 3, of Section 24, T29N, R21W
from RR to R-l. Carried 5-0.
MIS/ Morgan/Fraser to deny the variance request for a Simple
Lot Division, where platting is required; but approve the 1 1/2
lot division provided the lot is platted.
Discussion:
--Mazzara - would lean towards Folz's proposal and not require
platting for this lot division.
--Folz - explained the cost differences of platting vs not platting.
Motion carried 4-1. Mazzara opposed.
MIS/ Morgan/Mazzara to approve the variance request to plat
a 1 1/2 acre lot on an unimproved public street with the provision
that the lot owner enter into a street maintenance agreement
with the City.
Discussion:
--Fraser - believes street should be improved now rather than
entering into another private road agreement.
--Dunn - would support variance provided the lot owner is aware
that the City does not expect to receive any complaints about
snow build up or similar problems.
Motion carried 4-1. Fraser opposed.
M/S/P Morgan/Mazzara to approve the waiver of ponding requirements
for the 1 1/2 acre platted lot with the provision that these
requirements will be required and enforced when the remaining
property is developed in the future. Carried 5-0.
M/S/P Morgan/Mazzara to approve a $175 park donation for the
Peltier lot. Carried 5-0.
LAKE ELMO COUNCIL MEETING, JUNE 21, 1983
I.
7. BURRWOOD ESTATES:
The Council reviewed the Planning Commission recommendation
to approve the Preliminary Plant and include the recommendations
of the VBWD. Also their recommendation that the Wetlands
Ordinance be amended to provide 75 foot setbacks from wetlands
as provided in the Shoreland Ordinance.
Bruce Folz briefly reviewed the proposal and property location;
and explained the setback question which resulted when the
developer provided a full 50 ft. r-o-w to the County along
Demontreville Trail.
The City Engineer and VBWD offered no additional comments or
recommendations other than what were outlined in their letters
of June 10 and June 13 respectfully.
The proposal before the Council met all the recommendations of
the Planning Commission.
Folz explained the water storage and ponding for the site.
M/S/P Fraser/Morgan instructing the City Attorney to draft
an Ordinance amending the Wetland Ordinance Setback Requirement
to provide for a 75', rather than 150', setback and be consistent
with the Shoreland Ordinance. Carried 5-0.
M/S/P Morgan/Fraser adopting R-03-39 approving the Preliminary
Plat of Burrwood Estates, per the recommendations of the City
Engineer. Carried 5-0.
M/S/P Morgan/Fraser to approve the revised setback line for a
30 ft. front yard setback for the homes in the plat because the
developer provided the County with a full 50 feet of r-o-w
from the center line of Demontreville Trail. Carried 5-0.
8. DeCOSTER LARGE LOT SUBDIVISION:
The Council reviewed the Planning Commission's recommendation
to approve the subdivision subject to review and approval by
the City Engineer.
The Engineer offered the following comments and recommendations:
1. Approval be continaent on receiving an acceptable septic
system design, site location and perc test.
2. Based on recently received information and calculations
from the site plan, no additional run-off from the site
should be generated by the development into the Cottage
Grove Ravine Watershed.
--Eder - asked how the owner would propose subdividing the
parcel 10-20 years hence?
--Mr. Bodey - does not anticipate dividing the property
anytime in the future. Possibility of creating one other
building site in the NE corner but the low terrain in the
front and back of the property makes additional division
unfeasible.
M/S/P Morgan/Mazzara to adopt Resolution 83-40, a Resolution
approving a Large Lot Subdivision for Douglas DeCoster of the
NW 1/4 of SW 1/4 of Section 28.c6ntingent upon submission of
an acceptable perc test and septic system design and location,
per the recommendation of the City Engineer. Carried 5-0.
M/S/P Morgan/Dunn to approve a $175 park donation for the
Decoster Large Lot Subdivision. Carried 5-0.
LAKE ELMO CITY COUNCIL MEETING, JUNE 21, 1983 -7-
9. LAKE ELMO OIL EXPANSION TO CONVENIENCE STORE'AND PUBLIC HEARING
ON REAR YARD SETBACK FOR BUILDING AND FRONT YARD SETBACK FOR
CANOPY:
Mayor Eder called the hearing to order at 9 p.m.
Bob Novak explained the proposal to remodel the existing gas
station into a convenience store with self-service gas islands.
The existing diesel pump will be moved 10 ft. They plan to
enclose an existing storage area which would make the rear
setback 25' where 50" is required. The present building is non-
conforming, being 35" from the rear lotline. Requesting a 10'
variance.
Canopy - A protective canopy will placed over the pumps - all the
pumps will be under one canopy. This will also require
a variance because it will be closer than 501 to the front
yard setback.
Building will not increase in size other than the enclosing the
storage area. Dumpster will be placed inside the building.
The amount of impervious surface will not be increased - no
additional ponding will be requied.
Novak stated that Mn/DOT approved the relocation of the westerly
driveway on Highway 5 (new location is identified on plan).
Whittaker explained the Attorney General's 1968 opinion that
it is legal to make a left turn across double yellow lines.
Mayor Eder closed the public hearing at 9:20 p.m.
MIS/ Morgan/Mazzara to approve the following variances for
Bob Novak, Lake Elmo Oil, to permit conversion of his gas
( station to a convenience store:
1. Variance on rear yard setback - to permit a 25' setback
where 50" is required.
2. Variance for front yard setback to permit construction
of a gas pump island canopy to be located closer than
the required 50" required by City Ordinance.
Discussion:
--Fraser - concerned about safety - even though diesel pump.
will be moved further away from the corner. Also would like
to see more landscaping.
--Mazzara - asked if diesel fuel is big to the operation.
--Novak - No, but need all products they can offer. Phone on
the corner will be moved to the building - this will cut
down on car build-up on the corner.
--Bohrer - will cars using the pump on the corner be on
road right-of-way when they are using the pumps.
--Novak - do not think this will be a problem.
Planning Commission recommended approval, per the submitted
site and building plan.
Motion carried 5-0.
M/S/P Morgan/Mazzara to approve the Site and Building Plans
for the remodeling of the Lake Elmo Oil Service Station into
a convenience self-service gas center. Carried 5-0.
10. BROOKFIELD III BUILDING: Site and Building Plan Review -
The Council referred to the Planning Commission recommendation
to approve the< site and building plans, per their minutes of
June 13, 1983. The City Engineer recommended, per his letter of
June 15, 1983, that the alternate drainfield be used first as
the primary field.
M/S/P Morggper the PZC and City Y Enan/Mazzara to approve the Site and Building Plans for
kf' d ITI ineerrecommendation.
AMW a� �J s
LAKE ELMO CITY COUNCIL MEETING, JUNE 21, 1983
11. ENGINEERIS REPORT:
A. Jane -Rd. N`.'C'ost',Est'imate. - Engineer Bohrer distributed
a letter outlining two cost estimates for the proposed
improvement. He noted that the concept plan recently
submitted by the Colosimo's, showing the improvement of
Isle Avenue to Jane Rd. N., had a bearing on his recommendation
to improve Jane Rd. N. up to Isle Avenue N. with a 32'
bituminue surface with curbs. The extension of Isle, which
is a proposed street in Springborns Green Acres 2nd Add.,
changes the character of Jbne Road N - it would no longer
be a 20' wide dead( -end. Also, as a 20' wide street there
is not adequate area for a turn around - the "Y" area
possibly could be enlarged.
-- Morgan - questioned improving this short distance of
Jane Rd. N. when the remainder of the road south is of
a much lower standard.
-- Bohrer - felt at some future time all of Jane Rd. N.
may be upgraded to its full right-of-way for safety
and maintenance purposes.
M/S/P Morgan/Mazzara to accept the Engineer's Estimate Report
for the Improvement of Jane Rd. N. and send a copy of this
report along with a petition for improvment to the property
owners for comment and response. Carried 5-0.
B. Keats Avenue Up -Date - Bohrer reported that the improvement
of. Keats is substantially completed; but, that the work
was not completeq as contracted,by the June 15 completion
date. Therefore, he notified the contractor that he will
be held liable to pay for two damage liability days as
provided in the contract agreement. There are still some
clean-up items, to be taken care of, but for all contract
purposes the work was completed on the 16 of June.
--Eder - submitted pictures of areas of concern - shoulder
work not very good.
--Bohrer - asked the Council to drive the road and send
their comments to the Engineer so he can complete the
final paper work.
C. DemtntrevilleHighlands 5th - Shoreland Permits - Bohrer
reported that lots in the 5th Addition require variances
because they do not meet the 1 1/2 acre minimum cf the
Shoreland Ordinance. This was brought to light when the
owner of Lot 2, Block 1 requested a building permit and
it was determined he was within 500'of the Shoreland and
300 feet of a wetland, thereby requiring both a Shoreland
and a Wetland Permit. The 1 1/2 acre minimum is a
requirement of both permits.
The Administrator will see that the DNR is notified of
this situation and will also publish notice of..th:e_public
hearing.
M/S/P Eder/Fraser to set a public hearing to consider variances
for lots 2, 3, and 4, Block 1, Demontreville Highlands 5th Add,
from the 1 1/2 acre minimum of the Shoreland and Wetland Ordinnaces,
for July 5, 1983, at 7:45 p.m. Notice to be sent to the DNR.
Carried 5-0.
LAKE ELMO CITY COUNCIL MEETING, JUNE 21, 1983 -9-
12. OLD BUSINESS:
A. Audit'and''Re'la't'ed Resolutions -
M/S/P Morgan/Fraser accepting the 1982 Audit, prepared by
DeLaRunt, Moto and Co., I'nc., as presented. Carried 5-0.
(1)'Inte'rf'uh'd'Audit Adjustments -
M/S/P Fraser Morgan to adopt R-83-41, a Resolution Ordering
Interfund Audit Adjustments. Carried 5-0.
(2), Close out of Fire Truck and Flood Control Funds -
M/S/P Mazzara/Fraser to adopt R-83-42, a Resolution Transferring
the Balance from the Fire Truck Acquisition Fund and the Flood
Control Fund to the General Fund.
(3)' Workshop on Audit` Recommendations &' Preliminary Budget -
The Council will ill hold a preliminary budget meeting at 6 p.m,
on July 19 in the City Council Chambers.
13. ADMINISTRATORtS REPORT:
A. Tax'�'forf'edt' P'rb)?e'rtp -
M/S/P Morgan/Fraser adopting R-83-43,
the State of Minnesota and Washington
right-of-way for ;lane Ct. N., OUtlot
Dawcin Acres on the Tax Forfeit list
B. New 'Health 'In'sur'ance Program -
a Resolution requesting
County to convey.the
A, Plate #37155-2700,
to Lake Elmo. Carried 5-0.
M/S/P Morgan/Fraser accepting the new Health Insurance Program,
Employees Benefit, from the League of Cities. Carried 5-0.
C. 'Vacation 'Schedule - The Council reviewed and approve4 the
Administrator's vacation schedule.
D. Park Commission Requests _ Tablyn Park Improvements
The Commission had three improvement requests they want
the Council to consider. They estimate the proposed im-
provements will cost about $1500, which is the balance of
the budgeted amount for Tablyn Park. The proposed improvements:
(11 Fencing the pond south of the tennis courts as a
safety precaution - small pond, but a steep bank. Would
like the Engineer to look at the possibility of fencing
the pond with a post and woven wire fence. This would
be above the over -flow of the pond.
--Engineer Bohrer - may need to look into the legal
ramifications of fencing the area. By fencing may
be pointing out this is an attractive nuisance - also
type of fencing proposed is not very restrictive.
Believe there are legal questions to be answered before
reviewing the type of fencing and location. Administrator
will talk with the City Attorney about the legalities.
(2) Security Lights - Up to five lights is.various locations.
Lee,.Rossow has offered to install them for just material
costs. Estimate around $500.
--Whittaker - noted problems with the security lights
at Pebble Park. Cited pros and cons for security lights.
Commission felt strongly that there should be security
lights.
LAKE ELMO CITY COUNCIL MEETING, JUNE 21, 1983
-10-
13. ADMINISTRATOR''S REPORT:
D. Park Commi's'sion'R'e'que'sts - Continued -
(2) Security Lights -
--Fraser -questioned need of security lights in a
recreational area. Can understand necessity where
there is a need to protect on -site materials.
--Mazzara - recommended asking the deputy about this
suggestion.
--Morgan - Lights at Pebble Park, over the years, have
probably done more harm than good.
The Council requested more information before making a decision.
(31 Landscaping - want to finish landscaping around the
north end of the tennis courts.
--Bohrer - asked if the service drive is included in this
work. Presently negotiating with Washington County to see
if an entry can be developed on County r-o-w south of the
ditch at the park entrance.
Whittaker will get the information the Council wants on the
fencing and lights and get a cost estimate for the landscaping
and service drive for Council consideration.
E. LAWCON Fundings for 1983 - Whittaker requested Council
authorization to have the City Engineer prepare cost estimates
for improvements in Pebble Park, per CIP presented by the
Parks Commission, for LAWCON Fund application. The Council
agreed and the Engineer will have the necessary estimates
ready for the July 5 meeting.
F.'Resident Complaint - The City received a complaint about
traffic speed along Lake Lake Elmo Avenue from Joseph Lindau,
11040. loth St. N. He requested that additional'signing for
pedestrains and bicylers be put up, also that a speed zone
study be done.
--Fraser - familiar with the area, as a pedestrain and a driver -
does not find it to be unsafe since the roadway was resurfaced
and the shoulders were widened.
--Mazzara - also familiar with the area - does not see this
as a problem area.
--Dunn - agreed - does not see abuse -,for the amount of straight
of way,, the amount of speed is minimal.
The Council instructed the Administrator to forward the Councils
position on to Mr. Lindau.
G. LEBA Dues -
M/S/P Fraser Mazzara approving continued membership of the City
in the Lake Elmo Business Association and payment of the 1983/84
annual dues. Carried 5-0.
14. COUNCIL REPORTS:
A. Fraser -
"S'ick Leave Policy - Would like to see this discussed
apart from Budget preparation.
Personnel Change - Recommended that the S'dnior Secretary/
Clerk position be reviewed and the description and duties
better defined.
Recommended both these items be considered by the Personnel
Commute before being presented to the full Council. The
Council agreed. Personnel Committee will meet Julv 19 at 4 n_m
LAKE ELMO CITY COUNCIL MEETING, JUNE 21, 1983
-11-
14. COUNCIL REPORTS:
B. Eder - Distributed a draft resolution, for Council approval,
requesting Mn/DOS' to place information signs prohibiting
passing on the shoulder on Highway 5 at the easterly and
westerly edge of the business/residential area.
--Fraser - based on discussion of this matter by State
Transportation officials, such signs may create -- additional
traffic problems. Could not support the resolution baled
on those comments.
M/S/P Morgan/Eder adopting R-83-44, a Resolution Requesting
No Passing Signs on State Highway 5 at CSAH 17. Carried 4-1.
Fraser opposed.
ADJOURNMENT:
M/S/P Morgan/Dunn to adjourn at 10:15 p.m. Carried 5-0.
RESOLUTIONS:
83-39 - Preliminary Plat Approval for Burrwood Estates
834440 - Large Lot Subdivision Approval for Douglas Decoster
83-41 - Interfund Audit Adjustment
83-42 - Close-out of Fire Truck & Flood Control Funds
83-43 - Jane Ct. N. - Tax Forfeit Request
83-44 - No Passing Signs - Highway 5/CSAH 17
ORDINANCES:
7953 - Peltier Rezoning
R-83-39
11
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BURRWOOD
ESTATES, A SUBDIVISION PROPOSED UNDER THE PROVISIONS OF
CHAPTER 401 OF THE CITY CODE REGULATING THE SUBDIVISION
OF LAND
WHEREAS, Alvin Schaefer, as owner, has filed a Preliminary
Plat for the proposed subdivision of BURRWOOD ESTATES for
approval prior to incurring engineering and other expenses
for the design of streets, utilities, and storm water controls
for the preparation of a plat; and
WHEREAS, the Preliminary Plat of the proposed subdivision,
now on file with the City Clerk, has been reviewed by the
City staff and considered at a public hearing.held'by the
City Planning Commission on June 13, 1983, all as .requiked by
the City's Subdivision Ordinance; and
WHEREAS, the City Council has considered said Preliminary
Plat, the recommendation of the City Planning Commiwssion and
the recommendations of the City.st.aff thereon; and
WHEREAS, the City Council has determined.
1. The Preliminary Plat for the proposed subdivision,
now on file with the City Clerk, is consistent with
"the public health, safety and welfare.
2. The Preliminary Plat for the proposed subdivision
is consistent with the City's Comprehensive Plan,
Zoning Ordinance, Subdivision Ordinance and other
applicable regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elmo that the Preliminary Plat for the BURRWOOD
ESTATES subdivision, as filed. with the City Clerk, is hereby
approved subject to the following conditions.
1. The approval of the Preliminary Plat for the BURRWOOD
ESTATES subdivision is limited to those matters set
forth in the Preliminary Plat and does not constitute
approval of the design standards for any of the streets
R
P
or other public improvements required by the City's
Subdivision Ordinance.
.2. Detailed engineering data, as required by the City
Engineer for evaluating this plan, shall be submitted
to the City Engineer or prepared by the City Engineer
at developer's expense as a pass -through cost,
3. In addition to detailed engineering data as may be
required by the City Engineer, the developer shall
submit such data as is required to be submitted with
a Plat under the provisions of the City's Subdivision
Ordinance.
4. The approval grante by this Resolution is subject
to compliance with all conditions imposed by Valley
Branch Watershed District in their Permit No. 83-1.1
for this subdivision.
Adopted by the City Council of "the City of. hake Elmo this
21st day of June, 1983.
ATTEST:
haurence E. Whittaker, City.
Administrator
Ma.yn,�d L. Eder, Mayor
-2-
R-83-40
RESOLUTION
CITY OF' LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING A LARGE LOT SUBDIVISION FOR
DOUGLAS DeCOSTER.
WHEREAS, Douglas DeCoster owns certain land in the City
of Lake Elmo legally -described as follows, to -wit:
The Easterly 390 feet of the Westerly 780
feet of the Northwest Quarter of the
Southwest Quarter of Section 28, Township
29 North, Range 21 West-, Washington County,
Minnesota, excepting therefrom all that part
lying easterly of the following -described line,
to -wit: Commencing at the northwest corner of
said Quarter; thence easterly alongrthe nort'�e.ly
line thereof 780.00 feet to the point of beginning
of the line being described; thence South at.right
angles 353..00 feet to the end of the line being
described; subject to the right -of. -way for 15th
Street North.. Subject to and together with
any other valid easements, reservations or
restrictions,
WHEREAS, Douglas DeCoster has made application to the
City of Lake Elmo to have the above -described parcel approved
by the City of Lake Elmo as a legally subdivided parcel; and
WHEREAS, at the time of said application, the above -
described parcel was not a separately described parcel of
record; and
WHEREAS, the City of Lake Elmo Planning Commission
considered this application and recommended approval of same
at their meeting of June 13, 1983.
NOW, THEREF'ORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo as follows, to -wit:
1. The application of Douglas DeCoster for a large lot
subdivision of the above described parcel. be and the
same hereby is granted subject to the following cond-
itions:
a. Douglas DeCoster shall furnish the city of Lake
Elmo with a Certificate of Survey prepared and
u
T
certified by a Registered Land Surveyor for
the above -described parcel.
b. Douglas DeCoster shall pay the City of Lake
Elmo the sum of $175.00 as a park donation
fee.
C. Douglas DeCoster shall provide the City
Engineer with soil borings and percolation test
results which indicate a septic tank, drain -
field and alternate drainfield can be located
on this parcel .in compliance with applicable
standards.
Adopted this 21st day of June, 1983, by the City Council
of the City of. Lake Elmo,
May.trard Eder, Mayor _._
ATTEST:
0
Laurence E. Whrttaker, City
Administrator
-2•-
ltf3:i - 41..
R E S O z, U T I 0 N
C: TY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A-RESOLUTION.ORDERING INTERFUND AUDIT ADJUSTMENTS
WHEREAS, the firm of DeLaHunt Voto & Co., Ltd., Certified Public
Accountants, examined the financial statements of the City of Lake Elmo
for the year ending December 31, 1982; and
WHEREAS, the council of -the City of Lake Elmo accepted the
resulting audit reppri; 5ubm.itted by DeLaHunt Voto & Co., Ltd.; and
WHEREAS,�DeLakui„t 'Voto & Co.," Ltd, riiade certain recommendations
in their audit report:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of. Lake Elmo, County of Washington, State of Minnesota, authorized
the following Interfund Audit Adjustments-
-FUND --
General Fund
Revenue Sharing
Park -Debt Service
1961 Equipment Certificate
Water Improvement Bona
Sewer Improvement Bond
Street Improvement Bond
Flood Control
Water
Sewer
Park Acquisition
Fire Truck Acquisition
M.S.A. Construction
Pass Thru
Totals
DU''E FROM
, DUE TO
OTHER FfJN'DS
OTHER FUNDS "
$
$ 24,166.60
27. 0 5
15,612.57
3,137.26
82.87
1,571.76
29.71
298.56
74.20
1,437.70
102.36
32.28
1,368.95
1.68
63.34
_ _703.23
$ 24,355A6
$ 24,355.06
ADOPTED, this the 21 day of June, 1983, by the City Council
of the City of Lake Elmo, Washington County, Minnesota
SIGNED:
Mayna d L. Eder, Mayor
ATTEST:
Laurence E. Whittaker, City Administrator
R83-42
It E S 0 L U T I 0 N
CITY OF LAKE* ELMO
WASI-IINGTON COUNTY, MINNESOTA
A.RESOLUTION TRANSFERRING THE BALANCE FROM THE FIRE TRUCK
ACQUISITION FUND AND THE FLOOD CONTROL FUND TO THE GENERAL
FUND
WHEREAS, the Fire Truck Acquisition Fund was established in
1980 to account for the purchase of a fire truck; and
WHEREAS, the Flood Control Fund was established to finance
the control of water problems; and
WHEREAS, financing was provided by the sale of the 1981
Equipment Certificates for the purchase of the Fire Truck; and
WHEREAS, Valleybranch Watershed District has assumed the
responsibility for the control of water problems;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO THAT, the balance in the Fire Truck Acquisition
Fund in the deficit amount of ($540.33), and the amount in the Flood
Control Fund in the amount of $ 33,757.00 be transferred to the
General Fund
ADOPTED, this the 21 day of June, 1983, by the City Council
of the City of Lake Elmo, Washington County, Minnesota
SIGNED:
Mayna!-� L,�1113'cr, Mayor
ATTEST:
LaurenceE.�Whittaker � T
City Administrator
R-83-43
1
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING TIIE CONVEYANCE OF CERTAIN
TAX FORFEITED PROPERTIES TO THE CITY OF LAKE ELMO.
WHEREAS, the State of Minnesota has acquired Outlot A
Dawcin Acres through tax forfeiture in the City of Lake Elmo;
and,
WHEREAS, the City has determined that such property
is utilized for public street purpose, ; and,
WHEREAS, the State of Minnesota requires the City
Council to authorize an "Application by Governmental Subdivision
for Conveyance of Tax -Forfeited Land", by Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo, Washington County, Minnesota;
THAT, the City Council, requests the conveyance of
Outlot A Dawcin"Acres, to the City of Lake Elmo, for public
street purposes.
THAT, the City hereby authorizes the Mayor cTnd City
Administrator to apply for sugh conveyance to Washington County
and the State of Minnesota.
ADOPTED, this the 21 day of June,,1983, by the City
Council, City of Lake Elmo,
ATTEST:
Laurence F. Whittaker
City Administrator
SIGNED:
Mayna L, Eder, Mayor. m
.1
R83w-44
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING NO PASSING SIGNS ON
STATE HIGHWAY 5 AT CSAH 17.
WHEREAS, the Minnesota 'Department of Transpor-
tation, here -in -after referred to as MDOT, did make
certain safety related improvements to State Highway
#5 within the city limits of the City of Lake Elmo,
here -in -after referred to as the city. These im-
provements included widenipg shoulders, hard surfac-
ing the shoulders and reducing the slope rate as
necessary,
WHEREAS, MDOT subsequently solid stripped in
white the .right edge of both east and west bound lanes
to delineate the traveled portion of the roadway from
the shoulder,
WHEREAS, Minn. Statutes # 169.18make it unlawful
to pass on the shoulder of this state highway,
WHEREAS, several accidents have occurred on State
Highway #5 at intersections within the city due to
illegal passing on the shoulder,
4
WHEREAS, passing on the shoulder has generally
contributed to unsafe'driv:ing'conditions along state
highway #5 within the city,
WHEREAS, information signs are in place elsewhere
informing drivers of this provision of state law, to -
wit;
a) on State Trunk Highway #13 immediately west of
of its intersection with STH #55 south of the
Mendota Bridge for east bound traffic
b) on STH #12 in Wayzata immediately west of STH
#100 for East Bound Traffic,
NOW,THEREFORE, BE IT RESOLVED by the City Council
of the City of Lake Elmo:
1). That Mn/DOT be requested to place a minimum of
two (2) information signs informing drivers of
the state statute prohibiting passing on the
shoulder
2). That these signs be placed easterly and westerly
of the East Central Business residential district
of Lake Elmo formerly The Village of Lake Elmo
along STH #5 - (East of Laverne for West Bound
traffic) (East of Klondike for East Bound traffic)
RB3-44
3). A copy of this resolution be forwarded to
the District 9 Engineer and State Commissioner
of Mn./DOT.
ADOPTED, this the 21st.. day of June, 1.983, by the
City Council of the City of 'Lake Elmo.
ST,GNED:
l�fa-yna 7 :-'E'TCT M-ayU�
ATTEST-:- - - - - - - --
Laurence E. Whittaker
City Administrator
CLAIMS TO BE APPROVED AT JUNE 21, 1983 LAKE ELMO COUNCIL MEETING
83812
Elmer Richert - V.B.W.D. $
625.00
83813
Marcy Eischen - meter reader
102.15
83814
VOID
83815
First National Bank of St. Paul - Wtr.Imp.Bds.
225.00
83816
Metro Waste Control Commission - sewer service chg.
67.25
83817
Pitney Bowes - postage meter
51.00
83818
IBM Business Machines Corp.- typewriter maint.agreement
141.37
83819
Junker Sanitation
42.00
83820
Mary Meyer - 6/14/83 newsletter
200.00
83821
St. Paul Pioneer Press - pump ad
92.40
83822
Mpls. Star & Tribune - pump ad
150.90
83823
Bruce Folz & Assoc. - pass thru
25.00
83824
George Ringwelski Park Gate - 4/28 thru 5/28
60.00
83825
Suburban Lighting - ballfield lights replacement
300.48
83826
Earl F. Andersen & Assoc. - Park slide
450.00
83827
BSN Corp. - replacement rollor - parks tennis cts.
12.95
83828
Brookman Motor Sales, Inc. - Fire Dept. truck repair
155.94
83829
Lake Elmo Oil - Fire Dept. - $ 8.68
Maint. Dept. 939.77
948.45
83830
Kunz Oil - Fire Dept.
73.61
83831
Road Rescue - Fire Dept.. - EMS
145.65
83832
Volunteer Firemen's Benefit Assn. - new member dues
6.00
83833
Mike Pott - State Fire School Reimbursement - 1 day
45.00
83834
Richard Keller " Ifif if 2 day
90.00
83835
Steve Buege It it 1 day
45.00
83836
Richard Sachs IT it 1 day
45.00
83837
Paul DeMarco " IT" IT 1 day
45.00
83838
Knox Lumber Co. - Fire Dept. Bldg. Fund
116.75
83839
T. A. Schifsky & Sons - MC Mix - Maint. Dept.
166.10
83840
Del's Sharpening Service - Maint Dept repairs
29.80
83841
G. A. Meyer Mercantile - Maint. Dept. $ 12.67
Fire Dept. 1.19
13.86
83642
Washington County Highway Dept. - Salt Sand 115.00
Signs 463.24
1,178.24
83843
Interstate - Maint. Dept. repairs
99.15
83844
Mike McPhillips - street sweeping
1,980.00
83845
thru 83855 June 24th payroll - no overtime on6/10
5,000.00
$ 12,729.25