HomeMy WebLinkAbout03-03-87 CCMLAKE ELMO CITY COUNCIL MINUTES
MARCH 3, 1987
Mayor Christ called the City Council meeting to order at 7:02 p.m.
in the City Council chambers. Present: Christ, Armstrong, Moe,
Graves, Johnson, City Attorney Knaak, City Engineer Bohrer and
City Administrator Overby.
1. Agenda
Delete: 7D. Cottage Grove Ravine WMO Plan, 10A. Site and Building
Review Process
Erickson Diversified requested the concept plan be heard at 8:00
p.m. because they were waiting for their court reporter.
M/S/P Johnson/Armstrong - to approve the agenda for the March 3,
1987 City Council meeting as amended. (Motion carried 5-0).
2. Minutes: February 17, 1987
M/S/P Graves/Moe - to approve the February 17, 1987 City Council
minutes as presented. (Motion carried 5-0).
3. Claims
M/S/P Armstrong/Johnson - to approve the March 3, 1987 Claims
#88473 thru Claims 488530 as presented. (Motion carried 5-0).
4. Public Inquiries
City Administrator Overby introduced and welcome- the City's new
prosecuting attorney Carl Blondin of Caswell & Tavernier law firm.
Mr. Blondin replaces Greg Tavernier, who has been hired by
Washington County.
5. City Representative to ISD 834 Community Education
Advisory Council
Currently, Lake Elmo has no representative to this advisory
council. Bob Ritzer of 2110 Legion Lane North and Nancy Hansen of
8024 Hill Trail North have applied.
M/S/P Johnson/Graves - to appoint Bob Ritzer of 2110 Legion Lane
North as Lake Elmo's representative to ISD 834 Community Education
Advisory Council and appoint Nancy Hansen of 8024 Hill Trail North
as the alternate representative. (Motion carried 5-0).
6. PLANNING, LAND USE AND ZONING
A. Planned Unit Development General Concept Plan:
Interstate Freeway Service Center, Co. 15 & I-94;
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 2
Erickson Diversified Corporation
Gregory Erickson, Erickson Diversified Corporation, presented
their PUD Concept Plan for an Interstate Freeway Service Center at
County Road 15 and I-94. The project will include:
120 room motel, 2 story building with 3rd story in front
200+ seat restaurant
3,000-4,000 sq.ft. attached convenience store
travel store to serve the travelling public
extensive parking for trucks (separated from restaurant parking)
Fast Food Restaurant
Gas/Diesel Station
Phase I will be a 12 million dollar project and will generate 300
new jobs; 150-175 part time and 75-100 jobs available for students
which could be tied in with the work study program. There will be
an on -site sanitary treatment plant large enough that there is the
possibility of hooking up with the septic system at Oakland Jr.
High School and save 201 Project money. This project is within
the intent of the highway overlay distict. Mr. Erickson resented
the rumors about prostitution and drug dealing in relation to the
project.
Development Attorney Larry Berg explained in his review of the
1979 Comprehensive Plan and 1986 amendment to that plan, a number
of planning policies and goals that he found (23 hooks) that a man
could hang his hat on and off so each hook is covered. This
project will have no cost to the City because it is entirely
self-contained. Upon completion of the 1st phase, there will be a
tax gain of $511,000 and of that $65,000 will go directly to the
City, $267,000 will go to the school district and more will flow
over into the county at no cost to the City. There is no need for
extension of any muncipal services for this project. The site is
ideal with perfect soils, will have an on -site septic facility and
have a positive effect on I-94. It will act as a buffer with very
extensive earthen berms and landscaping. It will have no adverse
affect on the Oakland Jr. High School because it will be
generating an additional 30 cars or less to the North.
Given the amount of acreage they have and the very limited nature
of their first phase, Berg felt they are a very low density
development. They satisfy the standards of protecting wetlands,
lakes, etc. This project will not compete with businesses in
downtown Lake Elmo. It will preserve the rural character. There
will be no billboards, will eliminate the light and noise
pollution from the freeway and have a rural flavor. Even though
there is sufficient land in the city center, you cannot have a
freeway service center within the old village and this is the
appropriate interchange which has the least negative impact.
John Bannigan, attorney representing the feeowners of the property
in question, asked the City Council to give serious consideration
of this proposal because it is the best possible proposal for the
use of this site. It is consistent with the City's guidelines
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 3
that were provided, and they urge the Council to be patient and
listen to their presentation because it is long and complex.
M/S/P Graves/Armstrong - to table the Planned Unit Development
General Concept Plan for an Interstate Freeway Service Center at
Co. 15 & I-94 until the March 17, 1987 City Council meeting.
(Motion carried 5-0).
B. Lake Elmo Heights 2nd Addition: Request to Cluster
under the Old Zoning Provisions
The City Attorney and City Administrator were asked by the City
Council to research the records and respond to the request made by
Don Bishop at the meeting of 2-17-87. At that meeting the
developer suggested that the minutes of the 8-20-85 City Council
meeting incorrectly reflected the intent of the motion to approve
the Lake Elmo Heights preliminary plat. Don Bishop felt that the
discussion and the motion passed on 8-20-85 should be amended by
this Council to indicate that concept plan approval was given to
foth Phase I and Phase II. Councilman Johnson felt this would be impossible
oqruriilac.pew councihnan to change the minutes of an earlier meeting by a previous
The City Council received a letter from John K. Stibbe, attorney
representing Don Bishop, dated March. 3, 1987 which requested the
Council consider a motion to amend the minutes of March 19, 1985
to indicate that concept approval was given to Lake Elmo Heights
for a cluster development of 25 lots on the 145 acre site. They
are asking the Council to do this, since it was apparent to them
(the developer) that the recollection of many individuals involved
with the process was that concept approval for Phase 1 and Phase 2
was given at the March 19, 1985 meeting. Stibbe researched the
law regarding this area and found that a municipal council and
even the clerk have the right to correct the minutes to speak the
truth according to case law from the State of Pennsylvania.
In City Attorney Knaak's letter dated March 3, 1985 to City
Administrator Overby, Knaak stated that it appeared that the Lake
Elmo Heights concept plan was accepted by the Planning Commission.
There is no other clear indication on the record that the full 145
acre parcel was ever submitted as an accepted part of any
preliminary or final plat.
In the one instance mentioned by the developer and based on the
August 20, 1985 City Council minutes, references were made to a
145 acre site as well as a Planning Commission recommendation that
preliminary plat approval be granted the same development. The
reference in these minutes to the August 12, 1985 Planning
Commission meeting clearly indicates that recommended action
involved the specific eleven lots of Phase I of the development
and as platted, this did not include the entire 145 acre site. It
would appear the reference to 145 acres in the minutes is merely
descriptive of the location of the land and is not descriptive of
the plat itself.
The reason for the current difficulty and ambiguity in
interpreting this provision lies in the fact that the developer
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 4
did not plat the entire 145 acre parcel as required by the City
Ordinance. Knaak further stated that it is important to emphasize
that the ordinance does not require concept plan approval only
and, in fact, emphasizes that the acceptance of the concept plan
is not to be construed in any way as approval or denial of the
proposed plat.
Based on discussions with members of the Council and other
involved parties, it seems that a reasonable basis for confusion
as to the procedure involved may exist. It was City Attorney
Knaak's opinion that a possible approach could be to allow a
variance to the new City code by imposing the old cluster
standards for the remainder of this project and treat it as a
single development project initiated under the old Code. The
hardship would be the reliance upon the action of the City to
permit full approval.
Under this approach, the developer would still be required to go
through the City Council and the Planning Commission with this
proposal. In addition, any ambiguity about the original intent of
the project can be laid to rest by requiring that the additional
platting include, as required by the provisions of the City Code
the entire remaining portion of the 145 acre parcel. In addition,
since the applicant is arguing that this is all part of an
original proposal reviewed by the City it should be made clear
that any new lot created would be subject to the restrictions for
the entire 145 acre parcel and not just simply be permitted to
create a new parcel for cluster purposes.
Bruce Folz explained that under the new cluster provisions (4 per
40 acres, 5 to 7 acre lots) and because of the soils, they would
only get 2 or 3 lots out of the 25 acres. Folz refuses to let a
client plat a residue into an outlot because the County tax
assessor thinks it is gold and the taxes go sky high. Folz added
that under our ordinance it does not allow them to do a cluster
plan unless they include the entire ownership. Just because the
development agreement failed to have the paragraph state what it
did, it didn't change what the intent of the agreement was.
Don Bishop stated that he would come in and apply for a variance
request from the new cluster provisions adopted 11-18-86 which are
4 per 40 acres, 5 to 7 acre lots and no housing density transfer.
Bishop expressed his unhappiness with this because at one time the
City Council did approve the concept plan and because of a
technicality in the language, he is faced with delays and
expenses.
M/S/P Graves/Moe - to accept Lake Elmo Heights Partnership's
request for a public hearing for a variance from the new cluster
provisions in RR (4 per 40 acres) and a variance for the outlot.
(Motion carried 5-0).
C. Lake Jane Highlands: Preliminary Plat
Mike Dahl and Raymond Mester are requesting approval of a
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 5
preliminary plat for an 18-acre tract of land east of Teal pass
Estates and Lake Jane. The VBWD Engineer Nels Nelson informed the
City Administrator verbally on 2-23-87 that approval was given for
this plat. Bohrer commented that the preliminary plat and the
drainage plan as reviwed met all the concerns and recommended that
the preliminary plat be approved.
Marilyn Benesch addressed the concern of safety problems which
exist on the Jane Court N. hill and that the addition of eight
homes would compound the situation.
Councilman Johnson shared their concerns of safety and could not
support this plat without a street exit to 45th Street.
Bohrer explained that what Mr. Mester is saying is he does not own
the property, so he would have to make an offer to buy it. If he
cannot reach an agreement to buy it, that is as far as he can go.
I:1 it is still desirable to have a street, the City could use its
eminent domain authority and purchase the right -of_ -way.
City Attorney Knaak stated that in his opinion in this case if the
basic requirements have been met as required by the City code,
under these circumstances the City Council has to accept the
preliminary plat and deal with the public safety problem as we
deal with a public safety problem now existing. The City will
probably have to consider the liability issue because at some
point the City has to address the dangerous conditions. The City
cannot require the developer to purchase more land under these
kind of circumstances. This is a City problem and not legally
related to this development.
City Engineer Bohrer stated that the current standards are 8%
grade for a new road to be constructed in Lake Elmo. This road
was established when it was still East Oakdale. There are no
construction plans, nor does he know what the standards were at
that time. It is similar to a house that doesn't meet the current
codes required. It is a non -conformity, but it is allowed to
exist because it was in existence prior to the enactment of the
code or standards.
M/S/P Graves/Moe - to approve the preliminary plat of Lake Jane
Highlands for 8 lots dated 1-29-87 and revised grading and
drainage plan dated 1-30-87. (Motion carried 4-1<Johnson: an
overriding factor in this development is strictly safety, even
though he realizes the City and developer's situation>).
Mayor Christ stated he was not in favor of this situation but
feels the City has no choice because this would not stand up in a
court of law and would subject the City to expense.
Councilman Graves asked if Jane Court North could have priority in
plowing and sanding.
7. CITY ENGINEER'S REPORT
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 6
/ A. MSA Street Project Update
1 At the last council meeting, City Engineer Bohrer was authorized
to conduct limited field surveys and determine the proximity of
the proposed road improvements to the Zibell-Krueger residence and
the Hesse outbuildings.
Kimbro Avenue and 43rd Street Curve
City Engineer Bohrer reported that the centerline of a 40 mph
curve was staked out at the corner of Kimbro Avenue and 43rd
Street. At its closest point, the centerline of the road would be
37 feet from the southwest corner of the Zibell-Krueger house.
This means the house would be adjacent to the new right-of-way
line with no setback. With various degrees of superelevation on
the curve, we may be able to pull the curve up to 20 feet away
from the house. Past experience with State Aid variances
indicates that a tighter curve designed for less than 40 mph would
not be approved. The results of proceeding with this road would
be to take a house which presently conforms to setbacks and create
a non -conformity. Also, if the approximately 1.5 acres needed for
the curve would be taken by condemnation, the monetary award for
damages would most probably include the value of the house. The
City probably could not acquire the right-of-way for the curve
without also compensating the owners for the value of the house.
Kimbro Avenue and 50th Street
Presently, the Hesse farm buildings are located on both sides of
50th Street. The house and garage are located on the north side
and the barn, silo, and milk house are located on the south side.
In this case, the centerline of the new road would be the same as
the existing road. The closest buildings are the garage located
39 feet north of centerline and the silo and milkhouse, at 37 feet
and 36 feet, respectively, south of centerline. These buildings
presently do not conform to setbacks and the road improvements
will not increase their non -conformity. These buildings do not
appear to be in the way for construction. There is a low concrete
retaining wall adjacent to the milkhouse that would have to be
removed, but this can be restored with sloping and landscaping.
Jim Graupner, 4477 Kimbro Avenue N., asked why these could not be
made into streets and put stop signs at both junctures (43rd and
Kimbro and 50th and Kimbro). Bohrer responded that the road
design standards are tied to the funding. The City is planning to
use MSA State Aid funds for this road. In order to qualify for
these funds certain minimum design standards are required. The
road has to be designed to 40 mph and 90 degree corners would not
be allowed unless there were other connecting streets. The
purpose of State Aid funds is to provide funds for collector type
streets, not just local streets. Anything less than 40 mph is
considered a local street. The Future Land Use Plan for this area
of Lake Elmo is maintaining rural atmosphere (Ag use or large lot
subdivisions). Because of this, there are no thoroughfares being
planned.
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 7
Ed Stevens, 10133 47th St. N., spoke to Mr. Morris, District State
Aid Engineer at the State Highway Department. Stevens expressed
his concerns if the road is put in as designed, a substantial part
of the land he has will be taken. Large oak trees at the foot of
his driveway would have to be cut down. A suggestion made at the
last meeting was the possibility of putting in steel ramps or
steel cables alongside the road in order to prevent the taking of
the trees. Mr. Morris agreed that this would be acceptable, but
they would have to see the specific design and probably be
extended to 75-100 feet beyond the tree. Stevens would like
Bohrer to investigate the possibility of doing this sort of thing
to prevent the removal of the large trees. He also questions the
desirability of putting such a large road in an area that is not
going to be used very much and in keeping with the rural
atmosphere. A possibility to be considered is to leave the road
asis and top it with oiling or blacktopping and just do a minimum
of upgrading that would satisfy the people on this road without
state aid. Also up to 25% of the state aid can be used for
maintenance and maintenance can be construed as putting a blacktop
on an existing road so considerable amount of money would be
available for this.
Stevens added the point of "citizenship". People are complaining
of how money is wasted in Washington D.C.. If a department
doesn't spend all its money before the year is out, they spend it
on anything just to get rid of their money. In a way we are doing
the same thing here. We are getting money from the State of
Minnesota to put in a road at a dimension that is far greater that
we really need, but if we don't do it we feel the money is going
to be lost to us. So we would rather waste State money, rather
than say we will do it our own way and maybe not to those high
standards and save money all around.
Mayor Christ looked into this and found that blacktopping 50th
Street, 43rd Street and Kimbro would cost an estimated $130,000.
This would be a gravel based on the existing road and a 22 foot
wide blacktop with the contours of the road as they exist today.
Mr. William Boylan, 10711 50th Street North., objected to a stop
sign on 47th Street for traffic traveling east on 37th Street
becasue this will create a serious traffic hazard. He suggested a
gradual curve be constructed at 47th Street and Kimbro regardless
of whether the road continues north or south on Kimbro. This
would require a stop sign on Kimbro which will be much safer.
City Engineer Bohrer explained in the past year he has been called
to supply a deposition for two law suits that the City has against
it for traffic accidents. One on the Intersection of Keats and
47th and the other at the intersection of 20th Street and Manning
Avenue. Each time the question that comes up "were these roads
designed and built to current prevailing standards." These are
very expensive lawsuits to defend. Bohrer felt that the MSA
standards are reasonable and the two roads they have constructed
with State aid funds are safe and will carry existing and
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 8
projected traffic, and they will remain low maintenance roads.
The City Council received letters were from Richard Hesse, Sally
Zibell, Gilbert Sullwold, Bob & Ellen Wier, Ed Stevens, Bill &
Teresa Boylan, Rosalie Wahl, Ed & Jody Ryan, Bob & Helen Johnson,
Ray Krueger and James & Judy Graupner. Based on these letters,
the response was favorable to have the road blacktopped, but had a
concern about the curve.
M/S/P Armstrong/Graves - to direct City Engineer Bohrer to
determine the cost of blacktopping on 47th Street to City
standards (add some gravel for shading purposes and pave it the
way it is) versus MSA improvements to the road including some
modification to the corner to avoid the moving of the Ray Krueger
home, installing some barriers next to Ed Stevens' trees and
investigate the possibility of using the 25% of State aid funds
for maintenance. (Motion carried 5-0).
B. Legion Pond
City Engineer Bohrer reported that Legion Pond continues to
experience high water levels and is presently at elevation 887.8.
The City Council has considered this problem many times in the
past, but has been reluctant to initiate a project because only
temporary pumping was possible and because of the concern for
downstream flooding.
The situation has now changed. The VBWD now has an outlet to the
St. Croix River which relieves concern for downstream flooding.
The VBWD project will also construct an improved outlet for Lake
Elmo with overflow elevation at 884.5. It is now realistic to
consider constructing a valved gravity outlet pipe from Legion
Pond to Elmo and remove about two feet of water from Legion Pond.
Under present conditions, two homes will continue to be abandoned,
four more homes have some water damage and a portion of the 201
Project improvements on Legion Avenue may not be able to be
constructed.
Bohrer explained that Lake Elmo has metropolitan significance from
the Metropolitan Council. It is the deepest lake in the Metro
area. The concern on Lake Elmo for water quality is primarily
related to phosphorous. Phosphorus is the nutrient that Lake Elmo
is most sensitive to. Bohrer recommends a water quality test be
done on Legion pond. Mr. Zetterland added that VBWD has been
taking water quality tests and suggested Bohrer contact their
engineer.
Councilman Johnson was totally in favor of this effort. He asked
if a DNR permit would be required and what is the hearing process.
Bohrer replied they have to apply for a permit to do a project in
protected waters, and they also need to obtain a permit from VBWD.
Bohrer will contact the agencies that they would have to get
permits from and prepare them that something is in the works.
Bohrer was asked if he could come up with several different
assessment plans.
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 9
Councilman Graves pointed out that he felt the issue deserves very high
consideration and'aske the City Staff to expedite anything; thev can to remedy
this as quickly as possible.
M/S/P Armstrong/ -Graves - to authorize an expenditure of $2500 to
do a feasibility study on Legion Pond and report back to the City
Council in two weeks and set up a public hearing for April 7,
1987. (Motion carried 5-0).
C. Brown's Creel, WMO Plan
City Engineer Bohrer has reviewed the Brown's Creek WMO Draft Plan
dated November 10, 1986. This is the overall plan for the
watershed. The City will have to develop a local plan after the
WMO plan has been adopted. Lake Elmo's involvement in the Brown's
Creek WMO is quite small. Only 160 acres in the northeast corner
of the City is included.
Bohrer will pass on the following comments on the plat. Figure 10
- Future Land Use is missing. The City should send the WMO a copy
of its Future Land Use Map as currently adopted. Figure 11 -
Hydrologic System is missing. This plan is similar to the Cottage
Grove Ravine WMO Plan because the are both being prepared by the
Washington County Soil and Water Conservation District.
Therefore, we assume this Hydrologic System Map will be similar to
the one contained in the Cottage Grove Ravine Plan.
Bohrer recommends a change in Policy 2E. It now states e "Thlocal
units of government... shall enact an inspection/maintenance
program for all on -site systems within their jurisdiction" be
changed to "up to each individual City and not mandated to the
Plan".
Lake Elmo's share of the WMO budget is $184.12. This total cost
is based on four factors: land area (0.88%), assessed value
(0.70%), population (0.76%), and secretarial and miscellaneous
costs (equal shares split among the seven governmental units).
M/S/P Armstrong/Graves - to approve sending a letter of comment to
the.Brown's Creek WMO based on the City Engineer's review.
(Motion carried 5-0).
M/S/P Armstrong/Graves - to approve Lake Elmo's share of the 1987
WMO Budget which is $184.12 and set up a Brown's Creek taxing
district. (Motion carried 5-0).
D. Cottage Grove Ravine WMO Plan
This will be on the March 17, 1987 City Council agenda.
E. Protected Waters Permit: Crombie Pond
This permit request was tabled from the last meeting in order to
send notice to the other property owners on Crombie Pond and allow
them the opportunity to express their opinions to the City
Council. There were no negative comments received.
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 10
M/S/P Graves/Johnnon - to grant a Shoreland Permit to Wald,
DeLapp, Janochoski and Erickson to excavate Crombie Pond; subject
to the approval of the DNR Protected Waters Permit and VBWD and to
City Engineer Bohrer's recommendations to limit the maximum slope
of the land to the water at 6:1 and all disturbed area, including
the island, should be seeded and mulched as soon as possible after
construction to prevent erosion. (Motion carried 5-0).
F. Request for Exemption from Road Restrictions:
Andy Springis, Texgas Corp.
Mr. Springis has a propane gas and bulk oil delivery business
which includes customers in Lake Elmo. He is requesting a permit
from the City to allow him to make deliveries in trucks which
would exceed the per -axle tonnage limitation under sprintime road
restrictions. He indicated that 3 and 4 ton posted roads would
cause the greatest problem for him since the per -axle weight of
his truck without any oil or gas would still exceed the 4-tons per
axle level.
City Engineer Bohrer suggested that a one week exemption might be
granted by the Council in order to allow Mr. Springis time to
contact his Lake Elmo customers and schedule the necessary
deliveries. Spot approval may be done by the City staff.
_M-/S-/_P_Graves_/_Ar_mstrong_- to g-r-a-nt-a 1-0 da-y--exempt-io-n--f-or—road ---
tonnage limits to Andy Springis, Texgas Corp., in order to allow
him time to contact his Lake ELmo customers and schedule the
necessary deliveries. (Motion carried 5-0).
8. Citizens Committee: Landfill Update
Todd Williams expressed his appreciation to everyone that showed
up at the Landfill meeting with the County Commissioners on Monday
nite and for the support from the City Council in their fight
against the landfill in the Lake Elmo Regional Park.
1. Lobbying efforts will be started in the State legislature.
They will be needing some aerial photographs and gorundlevel
photographs and would like approval for $250 with the
understanding that they will submit bills through the normal
procedures.
2. It is becomming more evident that there is a likelihood that
an attorney will need to be retained. The purpose being to follow
the EIS process and to advise them how best to give input into
that process so it is done legally. Councilman Johnson asked if we
could use our City Attorney. Williams responded it should be
someone that has experience in the EIS statements.
3. The bill has not yet been introduced. As soon as it is
introduced, they will call the City office with the bill number.
At that time, they hoped that everybody will contact their state
legislatures to lobby for this bill. City Administrator Overby
suggested that the local citizens call the Citizens Committee,
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 11
rather than the City office in order to find out the number of the
proposed state legislation.
4. As they get into the EIS process, they need to get minutes and
agendas from Washington County and the Metro Council. City
Administrator Overby stated we do get the agenda and minutes from
the County and get the schedule of the Metro Council meetings.
Willimas will check with Overby to see if these are sufficient.
M/S/P Graves/Johnson - to approve $250 for miscellaneous expenses
(photographs); subject to bills being submitted through the normal
billing procedures. (Motion carried 5-0).
9. CITY ATTORNEY'S REPORT
A. 201 Project Court Decision
City Attorney Knaak notified the City Council that the District
Court supported all of the City's arguments in regard to the
question of "public purpose" and the land condemnation for the 201
program. Knaak added that Judge Doyscher gave a very through exam
as hoped for and Knaak is very comfortable with this.
M/S/P Moe/Johnson - to extend the City Council meeting to 11:00
p.m. (Motion carried 5-0).
--—10-.--C—I-T-Y ADMINISTRA-T-OR-'�o REPORT —
A. Site and Building Review Process
Deleted from the agenda.
B. Parks/Maintenance Dept. Equipment
Maintenance Foreman Dan Oligner met with the Parks Commission at
their meeting of 2-2-87. They discussed and agreed upon a list of
equipment purchased for the Parks Department. An outline dated
3-3-87 describes the type of purchase, unit and total cost, plus
where the funds should come from in the City Budget.
M/S/P
Johnson/Graves -
to approve the
requested purchases which
will
be paid from the
Parks Capital
Improvement Plan in the
amount
of $1,062.09.
(Motion carried
5-0).
C. Maintenance Dept. Equipment & Supplies
Maintenance Foreman Dan Olinger requested authorization to
purchase radios, two pair of rear tires and maintenance on 1983
dump truck, sandblaster, shop supplies and tools and replace 331b
jackhammer. Thees purchases are within the 1987 Public Works Dept.
Budget.
M/S/P Graves/Moe - to approve the requested purchases as
recommended by the Maintenance Foreman. (Motion carried 5-0).
D. Fire Dept. Annual Report
( rental costs for the dumpsters.
The City will charge the following rate for people bringing refuse on
clean-up day: $14.00 for pickup or large trailer; $8.00 per small trailer
or station wagon; $6.00 per car; and $30.00 per dump truck.
M/S/P Armstrong/Graves - to approve May 2, 1987 as the date for this
year's Clean -Up Day with the approval of increase in unit rates for trash
loads brought to the dumpster. (Motion carried 5-0).
Dan Olinger asked the Council if City
in regard to the property owner being
boulevard versus the City maintenance
Overby will look into the enforcement
Council.
C. Street Sweeping
ordinance 1603.020 could be enforced
responsible for keeping a clean
crew doing it. City Administrator
question and report back to the
Street sweeping usually takes at least 3 to 5 days to complete depending
on the contractor, the weather and unforeseen mechanical problems. In
1986 the street sweeping was done in May. This year the work could be
done as early as mid -April if weather conditions and contract schedules
permit.
Maintenance Foreman Dan Olinger reported that they received one quote from
Clean Sweep out of Eden Prairie at $52/Hr. for street sweeping and are
awaiting 2 more quotes. In the past two years, Olinger has not put it out
for bids because it is such a low figure, $3,000-$3,200 maximum. The
decision has been left to the City Staff in the past.
M/S/P Graves/Moe - to authorize the City Administrator and Maintenance
Foreman to selecte the lowest responsible contract quote. (Motion carried
5-0).
D. Charitable Gambling Permit Guardian Angels Mens' Club
Mike Knutson of the Guardian Angels Men's Club requested that the City
waive the 30-day notice to the City for its review of the state permit for
charitable gambling. The Mens Club has scheduled a bingo event on
Saturday, April 4, 1987.
M/S/P Armstrong/Johnson - to waive the 30-day notice for local review of a
charitable gambling permit to allow the Guardian Angels Mens' Club to hold
a bingo event on April 4, 1987. (Motion carried 5-0).
M/S/P Johnson/Moe - to adjourn the City Council meeting at 12:05 p.m.
(Motion carried 5-0).,
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 12
Fire Chief Fran Pott presented the Lake Elmo Fire Department
annual report. Copies can be obtained at the City Hall. He
reported completion of the following department activities during
1986: hydranats flushed in the Old Village; preparation of a
preliminary 10 year capital plan; discontinued the blood pressure
clinic; replaced the three east garage doors in the station and
again placed emphasis on firefighting training programs.
Membership is at 20, a two member increase from 1985.
This year, Pott stated, the department plans to review fire
hydrant maintenance with Cimarron, refurbish the Maintenance
Building as Lake Jane Substation and recruit at least three new
members from that area; rearrange parking lot at Station No. 1 to
accomodate ball tournament parking and obtain City Council
approval of a 10 year C.I.P.
Pott expressed his concerns with local violations of the open
burning regulations. The Fire Department has been called out on
several occasions to a suspected fire to find that a resident has
intentionally set fire to brush, etc. The false alarms are
costing the city about $800 per call and are in violation of
Section 803 of the Lake Elmo Munucipal Code. The City Council
agreed that the State law and local ordinances should be enforced.
Mayor Christ thanked Fire Chief Fran Pott for a good and clear
report. The City Council emphasized how much they appreciated the
good job the Fire Department has been doing for the City.
E. 1987 League of MN Cities Legislative Action Conference
City Administrator Overby requested authorization to attend the
1987 League of MN Cities Legislative Conference in St. Paul on
March 10, 1987. The program offers a valuable opportunity to hear
directly fron key lawmakers and to discuss the League's policies
and priorities with lawmakers from our district. Registration fee
is $50.00
M/S/P Armstrong/Moe - to authorize registration fee of $50 to City
Administrator Overby to attend the 1987 League of MN Cities
Legislative Conference in St. Paul on March 10, 1987. (Motion
carried 5-0).
F. City Hall Grand Opening
The Lake Elmo City Council will host an open house at the new city
hall on Sunday, March 22, 1987 from 1 to 3 p.m.
M/S/P Graves/Armstrong - to host an open house at the new city
hall on Sunday, March 22, 1987 from 1 to 3 p.m. (;Potion, carried
5-0).
M/S/P Graves/Moe - to adjourn the City Council meeting at 11:10
p.m. (Motion carried 5-0).
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
MARCH 3, 1987
7:00 p.m. MEETING CONVENES
1. Agenda
2. Minutes: February 17, 1987
3. Claims
4. Public Inquiries
5. City Representative to ISD 834 Community
Education Advisory Council
6. PLANNING, LAND USE AND ZONING
A. Planned Unit Development General Concept
Plan:
Interstate Freeway Service Center, Co. 15 &
I-94; Erickson Diversified Corporation
B. Lake Elmo Heights 2nd Addition: Request to
Cluster under the Old Zoning Provisions
C. Lake Jane Highlands: Preliminary Plat
--------------------------B R E A K --------------------------
7. CITY ENGINEER'S REPORT
A. MSA Street Project Update
B. Legion Pond
C. Brown's Creek WMO Plan
D. Cottage Grove Ravine WMO Plan
E. Protected Waters Permit: Crombie Pond
F. Request for Exemption from Road
Restrictions: Andy Springis, Texgas Corp.
8. Citizens Committee: Landfill Update
9.
10.
CITY ATTORNEY'S REPORT
A. 201 Project Court Decision
CITY ADMINISTRATOR'S REPORT
A. Site and Building Review Process
B. Parks/Maintenance Dept. Equipment
C. Maintenance Dept. Equipment & Supplies
D. Fire Dept. Annual Report
E. 1987 League of MN Cities Legislative
Action Conference
F. City Hall Grand Opening