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LAKE ELMO CITY COUNCIL MINUTES
JULY 16, 1985
Mayor Morgan called the meeting to order at 7:02 p.m. in the
council chambers. Present: Armstrong, Christ, Dunn, Acting
Administrator Banister and City Engineer Bohrer. Absent: Mazzara
and City Attorney Knaak.
1. Agenda.
M/S/P Morgan/Dunn - to approve the agenda for the July 16, 1985
City Council meeting as amended. Add: 9D1. Cottage Grove Water
Management Commission, 9D2. Resignation of Newsletter Editor, 9D3.
Paul Magnusson Letter, 9D4. City Administrator Applications.
(Motion carried 4-0)
2. Minutes
M/S/P Christ/Dunn - To approve the July 2, 1985 City Council
Meeting Minutes as presented. (Motion carried 4-0).
3. Claims
M/S/P Dunn/Armstrong - To approve claims 86281 thru 86321 as
presented. (Motion carried 4-0).
3.2 Beer license transfer at Cimarron
The Council reviewed the application for a license to sell
non -intoxicating malt liquor at Cimarron Park from NHD-Cimarron
Park Associates Limited Partnership. Cimmaron Park has recently
been sold to the applicants and will be managed by Hirsch -Newman,
670 Shelard Tower, Minneapolis, MN 55426. The Washington County
Sheriff's Department has given approval based on the character
check.
M/S/P/ Dunn/Morgan - to approve the transfer of the 3.2 beer
license at 901 Lake Elmo Avenue North,Cimarron Park to NHD
(Graydon Newman, Jr., F. Peter Hcrfurth and Sandra L.R. Durand).
(Motion carried 4-0).
Sam Emerson -Concept for golf course and approximately 70 homes
at the southeast corner of CSAH 13 and CSAH 70.
Mr. Sam Emerson, representing a group of investors, had presented
a concept plan for a 27 hole public golf course to the Planning
Commission, but had to redesign the golf course because of the
requirements of our septic systems. The concept plan also
included approximately 70 homes on the property located south of
loth Street and just east of CSAH 13 (the property is now owned by
Dayton Hudson). Mr. Emerson also has some long range plans for
development of the property north of loth Street, also east of
CSAH 13 for some kind of equestrian use). Mr. Emerson also
LAKE ELMO CITY COUNCIL MINUTES JULY 16, 1985 Page 2
inquired about the possibility of rezoning the proposed golf
course property to "open space". In this way he hopes to receive
a real estate tax break.
Bruce Folz will be doing the planning. There will be fifty-six 1
112 acre lots, seven 20-acre lots, six 5-acres or more and one
with about three acres. There will be a short exec course of par
60 or 62 on the north side and a regulation course of par 72 on
the southside which will make this approximately 360 acres of golf
course on both sides of the road.
The general consensus of the Council was in favor of the concept
of golf courses being very compatible with the low density, rural
residential nature of the existing zoning. They also encouraged
the runoff retarding nature of golf courses in general.
Morgan - It appears to be a very desirable development because of
the proximity of the Regional Park and the golf course, and he had
no problem with the rezoning.
Dunn - questioned the soil conditions, but feels it is a good idea
and likes the idea of the ponding.
Armstrong - likes the idea of a golf course, but felt the concept
included a large number of homes.
City Engineer Bohrer questioned the access onto County Road 19B
which is the Regional Park entrance. This may be a controlled
access road and the road plans may need to be modified in that
area. This means they buy the right to not allow driveways or
roadways to enter upon their right of way.
The next step would be for Mr. Emerson to prepare a preliminary
plat and present that to the Planning Commission.
6. Nancy Prince and Sue Ayde (from Bellaire Sanitation)
on recycling.
Nancy Prince appeared before the City Council to review the
recycling alternatives available. Prince stated that only
Bellaire Sanitation, of all the haulers solicited within the City,
was interested to pick up recyclables. It was suggested by Prince
to enter into a contract with Bellaire. The pickup will be the
third Saturday of the month, from 8 a.m. to 12 noon.
Prince will leave it up to Bellaire as to what to pick up unless
the City has some suggestions. Bellaire will recycle all glass
that is green, clear and brown, newsprint, cardboard, and metal
and aluminum cans.
The site requested was the VFW parking lot, and this site will not
be approved until the VFW has its next meeting. There will be no
cost to the City for this service, but there will be no payment
made to residents for turning in the recyclables either. Prince
plans to educate the residents about this service by having a
LAKE ELMO CITY COUNCIL MINUTES JULY 16, 1985 Page 3
program at both Lake Elmo Elementary and the Jr. High and through
newsletter publicity.
David Olson, a Scout Master of the local troop, reported that for
the last 10-15 years the scouts collected newspapers twice a year,
and this is their sole source of income for the year. The total
they collect from recycling is $250. The scouts would be willing
to help Bellaire at the collection point and the education program
if Bellaire would agree to contribute to the scout troop.
Prince requested that the City Attorney write up a contract, for
either six months or a year, to include that the city would have
no responsibility for clean up or costs. Also included should be
an agreement between the scout troop and Bellaire for services
rendered and payment.
M/S/P Morgan/Dunn - to approve a contract with Bellaire Sanitation
drawn up by our City Attorney. (Motion Carried 4-0).
7. City Engineer's Report
A. Public Hearing for Augustine/Taylor for large lot
subdivision, variance to platting requirement and
shoreland permit.
Pursuant to published notice, this public hearing opened at 7:40
p.m. in the City Council Chambers.
Mr. Taylor presented a revised copy of the proposed large lot
subdivision on the north side of Downs Lake. The subdivision had
been revised in accordance with the Planning Commission and the
City Engineer's comments. Mr. Augustine had divided the property
into two parcels. Parcel C contains 27.2 acres and Parcel D will
contain 10.0 acres.
A waiver of subdivision requirements was granted to subtract a 100
foot by 295 foot rectangle and add it to Parcel 2500 by exchange
of deeds. In this way Parcel 2500 will not be divisible in the
future without a proper subdivision. A Shoreland Permit was
granted for Parcel D since no variances were required.
M/S/P - Morgan/Christ - to adopt resolution 85-23 granting a large
lot subdivision to Augustine for the property legally described as
Part of the Northeast Quarter of the Southeast Quarter of Section
24, Township 29 North, Range 21 West, City of Lake Elmo,
Minnesota. (Motion carried,4-0).
M/S/P - Morgan/Christ - to waive the plating requirements for the
addition of the 100 foot by 295 foot parcel from Parcel 2550 to
Parcel 2500 (Schmidt property). (Motion carried 4-0).
M/S/P - Morgan/Christ - to grant a shoreland permit to
Augustine/Taylor at the property legally described as Part of the
Northeast Quarter of the Southeast Quarter of Section 24, Township
LAKE ELMO CITY COUNCIL MINUTES JULY 16, 1985 Page 4
29 North, Range 21 West, City of Lake Elmo, Mn. (Motion carried
4-0).
B. Public Hearing for variance to drainfield setback,
and petition for road vacation.
Applicant: David Strusinski
Pursuant to published notice, ThiS Public, hearing opened at 7:48
p.m. in the City Council Chambers.
The City Engineer stated that on May 21, 1985 Mr. Strusinski
received approval of a lot size variance and Shoreland Permit for
his property in Lane's DeMontreville Country Club on Hill Trail
Court. The approval was contingent upon providing satisfactory
septic system design. Mr. Strusinski has conducted the soil tests
and now find that he cannot construct a septic system with an
alternate drainfield without the street vacation. Therefore, he is
petitioning to vacate that portion of Dempsey Avenue right-of-way
immediately north of his property and that portion of Argyle
Street immediately east of his property. If the vacation is
approved, he is also requesting a septic system sideyard setback
variance of five feet where ten feet is required.
The City Engineer stated that the street vacation should be
considered in light of the City's potential plans for improving
Hill Trail Court. Presently, there is a forty foot wide public
right-of-way but the road has not been improved to City standard
nor is it maintained by the City. Since this is the last lot to
be built on in the area and the road will essentially be used in
the same manner as it is presently, the consensus of the Council
was they had no objections to the street vacation.
M/S/P - Morgan/Christ - to adopt resolution 85-24 vacating that
portion of Demsey Avenue right-of-way immediately north of his
property and that portion of Argyle Street immediately east of his
property. (Motion carried 4-0).
M/S/P - Morgan/Armstrong - to grant a septic system setback
variance for five feet where ten feet is required. (Motion carried
4-0).
C. Surface Water Update
City Engineer Bohrer reviewed his preliminary findings for the
1985 Auxiliary Pumping Program planned to be conducted on Lake
Jane, for which a public hearing is scheduled for July 24, 1985.
Bohrer distributed a summary of the results of investigations in
and around the Shafer Gravel Pit. He stated that a perched water
condition exists at the gravel pit. Underlying layers of silt and
clay between ten and forty feet in thickness are maintaining a
perched water table at about elevation 925.5 and there is standing
water in the pit that reflects this condition.
By contrast, the water table in the landfill, is about elevation
900.0. The amount of storage available is only that interval
LAKE ELMO CITY COUNCIL MINUTES JULY 16, 1985 Page 5
between the existing water table at 925.5 and 928.5 at which all
pumping must stop to protect the pine trees. It was determined
there is insufficient head to drive the water horizontally and
dispose of sufficient quantities of water. The surface storage
available is about 6 acre/feet, but the planned pumping will fill
this in a span of one and one-half to two days. Then the pump
would have to be shutoff for an indeterminate amount of time until
the water levels recede.
At an estimated cost of 0,500.00 the Council did not feel that
it was economically feasible to proceed with this method. They
will hold the scheduled hearing anyway to discuss the feasibility
of this program with the public. The City Engineer was encouraged
by the Council to consider any other options for removing 300
acre/feet of water from Lake Jane. Some suggestions were:
excavating through the clay layer in the Shafer pit; breaking the
sea]. of Lake Jane or irrigating water onto agricultural fields to
the south or east of Lake Jane.
D. Street Light Request at Jamaca and Lake
Jane Trail.
City Engineer Bohrer stated that he has contacted all the
neighbors adjacent to this intersection regarding the possible
installation of a street light and found no objections. Councilman
Dunn was directed to formulate a street light policy for Council
consideration.
E. Landfill Water Supply - Discussion with County
Commissioners' Artie Schaefer and Sally Evert.
County Commissioner Art Schaefer and County Commission Chairman
Sally Evert were invited to the Council meeting to discuss the
status of the public water supply for the affected area, but were
unable to attend.
Commissioner Schaefer had telephoned the City Office and stated
that they had just received the recommendation from the Minnesota
Department of Health on the evaluation of the County and City
proposals. They prefer to review this first and appear at a later
meeting.
F. Other
1. 201 Update
The City Engineer stated that two people have asked to be deleted
from the 201 Program. They are:
a. Mrs. Leonard Weir, 3645 Laverne Avenue North
Mrs. Weir requests that she be removed from the program because of
the death of her husband and the uncertainty of whether she will
remain in the home.
LAKE ELMO CITY COUNCIL MINUTES JULY 16, 1985 Page 6
b. Hugh Madsen, 11060 32nd Street North
Mr. Madsen wishes to withdraw from the program on philosophical
grounds because he is one of the initiators of the Holmes and
Graven letter which supports the installation of a municipal
sanitary sewer system.
Bohrer was requested to write a letter stating that the City will
remove them from the program, however, if it is demonstrated that
their system has a need for improvement they must comply with the
existing City Ordinances. Any upgrading of this type will not be
grant eligible and must be paid for by the property owner.
8. Fran Pott - Change Relief Association's Bylaws.
Fire Chief, Fran Pott asked the Council to approve the change in
the bylaws of the Firemen's Relief Assn. changing the annual
retirement rate from $500 to $650. This increase will not cost
the city money, since the 1985 association balance is projected at
$49,210.
M/S/P Morgan/Christ - to approve the change in the bylaws of the
Firemen's Relief Assn. changing the annual retirement rate from
$500 to $650 which will require no municipal support. (Motion
carried 4-0).
9. City Administrator's Report
A. Request from Maintenance Foreman regarding MEED employee.
Dan Olinger has asked that the City Council consider keeping our
MEED Employee, Jon Tauers, on the maintenance crew through
September, 1985. The County has depleted its funds for this
program and Jon would have to go on the City's payroll. He is
currently making $5.50 per hour through the MEED Program and is
willing to stay on thru September at this wage. Dan has indicated
that Jon is an excellent worker and has done very well in the
parks.
M/S/P Armstrong/Christ - to approve keeping Jon Tauers at $5.50
per hour on the maintenance crew through September, 1985. (Motion
carried 11-0).
B. Request from Planning Commission regarding advertising
sign on Highway 5.
The Planning Commission is reviewing the city sign ordinance. It
has asked the Council to take a closer look at the Neagele
advertising sign, on the south side of Highway 5, west of Klondike
Ave. There has been no complaints recorded on this sign. The sign
in question has been there for years, but according to the code,
it cannot be grandfathered in. The sign is in a R1 zone and is
illegal according to the present code. The section of the code
LAKE ELMO CITY COUNCIL MINUTES JULY 16, 1985 Page 7
(505.350) states that illegal signs have to be removed within five
years which would be March, 1986. The Council directed the
Commission to continue studying the sign ordiance and will request
the owner of the land and the sign company to come in ask for a
variance.
C. Budget Calendar
Acting City Administrator proposed the following budget schedule.
On August 20, the Council will review the pay plan, preXiminary
budget and the Capital Improvement Program. With approval of the
pay plan and CIP and proposed budget publication by September 3.
Then on September 17, the Council is expected to adopt the 1986
budget, set the tax levy and authorize final budget publication.
A special meeting for the council to participate in the
preparation of the 1986 budget will be held in the evening in
August.
D. Other
1. Alternate to the Cottage Grove Water Management Commission.
M/S/P Dunn/Christ - to appoint Rose Armstrong as Lake Elmo's
alternate to the Cottage Grove Water Management Commission.
2. Resignation of Newsletter Editor
Mary Meyer, Newsletter Editor, submitted her resignation effective
August 31, 1985. In her letter of resignation, Meyer cited
increased responsibilities in her job as Hill -Murray High School
Director of Public Information. Mary Meyer suggested placing an
advertisement for the newsletter position in the July 23 Lake Elmo
Newsletter and the July 24th Washington County Review in order to
hire an editor before the first Council meeting in September.
3. Letter from Paul Magnuson
A letter was read from Paul Magnuson regarding the lake level of
Lake Elmo
It was suggested writing to Mr. Magnuson to inform him that we.are
relying on the Watershed District and 509 program to help solve
the problems.
4. City Administrator Applications
The City Council will call Acting Administrator Banister
with their candidate selections. A procedure for interviewing was
discussed.
M/S/P Armstrong/Dunn to adjourn the meeting at 9:38 p.m. (Motion
carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES JULY 16, 1985 Page 8
Resolution 85-23 granting .a large lot subdivision to Augustine for
the property legally described as Part of the Northeast Quarter of
the Southeast Quarter of Section 24, Township 29 North, Range 21
West, City of Lake Elmo, MN.
Resolution 85-24 to vacate that portion of Demsey Avenue
right-of-way immediately north of his property and that portion of
Argyle Street immediately east of his property.
86281
86282
86283
CLAIMS TO BE APPROVED AT JULY 16, 1985 LAKE ELMO CITY COUNCIL MEETI
Wash. Cty Treas. - V.B.W.D. assessments (forfeited Land) $ 150.29
Void
Petty Cash - Office $ 20.89
Fire Dept. 26.20
Postmaster - 'postage meter
State Bank of L.E. - Investment
League of MN Cities - Dues
MN Mayors Assn. - Dues
Planning & Dev. Services - I-94
TKDA - General $ 2,369.22
47.09
200.00
179,000,00
2,333.00
10.00
612.50
MSA 603.38
Pass Thru 1,156.10
4,128.70
86290
Mary Meyer - 7/9/85 newsletter —�
250.00
86291
Mpis. Star - Adm, ad.
170.50
86292
Stillwater Gazette - Adm. ad
3.50
86293
Cottage Grove Ravine Watershed - per 5/7/85 minutes
300.00
86294
City of North St. Paul - Animal Control vehicle
150.00
86295'
Tomahawk Live Trap - Animal Control supplies
1.78.87
86296
State Treasurer - 2nd quarter building surcharge
850.30
86297
Junker. Sanitation
45.00
86298
Eldon Smith - remove dead Elm by water tower
140.00
86299
Carl Olinger - Sunfish Lake road work
150.00
86300
Club Scuba - Fire Dept. - Rescue Maint.
120.00
86301
Hardware Hank - Fire Dept. $ 114.11
Maint. Dept. 155.31
Lawnmower 199,88
469.30
86302
Barton Sand & Gravel - Maint, Dept
58.46
86303,
Bryan Rock Products - Maint. Dept,
60.06
86304
T.A. Schifsky - Maint. Dept. AC Mix
432.72
86305
Ruffridge-•Johnson Equip. - Maint. Street Blacktopping
roller rental
500,00
86306
Truck Utilities - Maint. Dept. Hitch & Hopper
140.16
86307
Lakeland Ford - Maint. Dept. parts & repair
132.17
86308
McCarthy Well - Pump Inspection - Water Dept.
69.50
86309
thru
86321
July 19th payroll
6,717.23
Total - excluding investment
$ 18,4.1.9.35
Since we do not have time to discuss every point presented, it may
seem that decisions are preconceived. However, background information
is provided for the City Council on each agenda item In advance from
City Staff and appointed Commissions; and decisions are based on this
information and past experiences. In addition, some items may also
have been discussed at previous Council meetings. If you are aware of
information that hasn't been discussed,, please fill out a "Request to
Appear Before the City Council" slip; or, if you came late, raise your
hand to be recognized. Comments that are pertinent are appreciated.
Items requiring excessive time may be continued to another meeting.
AGENDA
LAKE ELMO CITY COUNCIL
JULY 16, 1985
7:00 p.m. Meetings Convenes
1. Agenda
2. Minutes: July 2, 1985
3. Claims
4. 3.2 Beer license transfer at Cimarron Park
7:10 p.m. 5. Sam Emerson - Concept for golf course and
approximately 70 homes at the southeast
corner of CSAH 13 and CSAH 70.
7:20 p.m. 6. Nancy Prince and Sue Ayde (from Bellaiare
Sanitation) on recycling.
7. City Engineer's Report
7:30 p.m. A. Public Hearing for Augustine/Taylor for
simple lot subdivision, variance to platting
requirement and shoreland permit.
7:45 p.m. B. Public Hearing for variance to drainfield
setback, and petition for road vacation.
Applicant: David Strusinski
8:OO P.M. C. Surface Water Update
D. Street Light Request at Jamaca and
Lake Jane Trail.
8:20 p.m. --------------------- BREAK --------------------------
t
8:30 p.m. E. Landfill Water Supply - Discussion with
County Commissioners' Artie Schaefer and
Sally Evert.
F. Other
9:00 P.M. 8. Fran Pott - Change Relief Assoiciation's Bylaws.
9:10 P.M. 9. City Administrator's Report
A. Request from Maintenance Foreman regarding
MEED employee.
B. Request from Planning Commission regarding
advertising sign on Highway 5•
C. Budget Calendar
D. Other
July 12, 1985
To: Mayor and City Council
From: Marilyn Banister, Acting City Administrator
Re: Informational Memo for July 16, 1985 City Council Meeting
1. Attached are additional applications received for the City
Administrator's position.
2. Regarding membership in the AMM, the amount of $1068 was
budgeted for 1985. We just received a copy of the 1985 Metro Area
Salary Survey and as a member we are entitled to five more copies.
Attached is a recent AMM Newsletter. This should indicate to the
Council, to some degree, the service that this organization
provides. I am not sure how useful this information is to the
City, and it is entirely up to the Council if it wants to
participate in this program.
3. Larry Bohrer has sent a letter to Mn/DOT requesting the speed
zone studies. Pat never requested these studies after the 5-21-85
meeting, so Larry took care if it on 7-10-85.
On Wednesday, 7-10-85, Dan Olinger put up a speed limit sign on
20th Street. We verbally discussed this with Mn/DOT and Fritz
Knaak. They both agree that it is alright to put this sign up as
a determent, but the reduced speed limit probably could not be
enforced by our deputies until all of the proper procedures are
followed.
4. Attached is a "thank you" letter from Washington County
regarding your approval of the site plan for the boarding care
home.
5. Attached is the most current City Newsletter.
6. Attached is a notice from the Metropolitan Council and
supporting information regarding a public hearing to hear public
comment on a proposed amendment to its Recreation Open Space
Capaital Improvement Program.
7. Attached is a letter from the Ramsey Washington County Cable
Commission regarding complaints. The city office has receeved
several complaints from residents as cable passes thru their area,
but once these residents are given the person to contact at the
Cable Commission office, these complaints appear to be taken care
of.
If the Council should get any complaints directly, these calls can
be either forwarded to the city office or referred to the
Commission's office in White Bear.
8. Washington County's newly adopted "Park Ordinance" is
available at the city office for anyone wanting to read it.