HomeMy WebLinkAbout06-07-88 CCMLAKE ELMO CITY COUNCIL MINUTES'.
JUNE 7, 1988
6:45 p.m. CLOSED EXECUTIVE SESSION
Mayor Arlyn Christ called the City Council meeting to order at 7:22
p.m. in the City Council chambers. Present: Christ, Johnson,
Armstrong, Graves, Moe, City Engineer Bohrer, City Attorney Knaak and
City Administrator Morrison.
1. Agenda
Add: 3. TMT Claim, 3B. Huff n'Puff Proclamation, 12G. Truck bid.
M/S/P Graves/Johnson - to approve the June 7, 1988 City Council
meeting agenda as amended. (Motion carried 5-0).
2. Minutes: Mav 17, 1988
M/S/P Graves/Moe - to approve the Mav 17, 1988 Citv Council minutes
as presented. (Motion carried 5-0).
3. Claims
Add: Claim 490399 TMT Recvclinq $898.65
M/S/P Armstr_onq/Graves - to approve the June 7, 1988 Claims #90300
thru #90399 as amended. (Motion carried 5-0).
B. Huff n'Puff Proclamation
Cindv Quick from the Lake Elmo Javicees requested the Citv proclaim
August 11. 12, 13, 14 as Huff n'Puff Days. Cindv asked the Council's
support in waiving the fees for the ballfield and to request council
participation in the celebrity softball game.
M/S/P Moe/Johnson - to Proclaim August 11-14 as Huff n'Puff days in
the Citv of Lake Elmo, to waive the fees for use of the ballfields
during this time and to accept the Lake Elmo Javicees' request for
Council narticipation in the celebrity softball came. (Motion
carried 5-0).
PUBLIC INQUIRIES
There were no public inquiries.
4. PUBLIC HEARINGS: Variances
A. Variance to size of accessory structure, RR Zoning District
Hatherly/Keyes (Continued 5/17)
Mark Hatherly and Janet Keyes have requested a variance to the
maximum size of an accessory structure in the Rural Residential
Zoning District. The applicants propose to construct an 18,000
LAKE ELMO CITY COUNCIL MINUTES JUNE 7, 1988 PAGE 2
sq.ft, building for the purpose of operating a stable for up to 20
V horses. A 2,000 sq.ft. accessory building is allowed in the Rural
Residential zoning district. Hatherly/Keyes intend to purchase 2.0
acres of property south of 15th St. between County Road 13 and the
Regional Park to raise jumping horses.
The applicants stated that these horses can be indoor boarded --they
do not intend to pasture the horses. The hardship given was the type
of horses which are hunter jumpers and require indoor stalling. A
large barn is needed because the horses will be leaping over lumps
which reauires more room.
The Council felt the applicants did not demonstrate a hardship. Even
thouqh what thev propose is encouraged in the Citv, the Council felt.
the variance request was excessive from standards set forth in the
Lake Elmo Citv Code. The Council did request the Planning Commission
review the existing requirements of the RR zoning district to
determine if they are appropriate.
M/S/P Armstrong/Johnson - to deny the variance request by Mark
Hatherly and Janet Keyes to the maximum size of an accessory
structure on 20 acres E1/2 of NE1/4 of SW1/4 Section 28 in the Rural
Residential Zoning District; based on the applicant not demonstrating
an undue hardship and the Council found the variance request
excessive (18,000 sq.ft. request; Code provides for 2,000 sq.ft.
maximum). Motion carried 5-0).
M/S/P Graves/Moe - to direct the Plannina Commission to review, at
their June 13th meetinq, the existinq reauirement of the Rural
Residential zoninq district to determine if this conceptual use is
appropriate. (Motion carried 5-0).
B. Variance to sidevard setback in the R1 Zoninq District --
David & Debra Grobner, 10867 33rd Street
Mavor Arlvn Christ called the public hearing to order at 7:50 p.m. in
the City Council chambers.
David and Debra Grobner, 10867 33rd Street N., propose to construct a
24 x 32 (768 sq.ft). garage approximately three feet from the
interior property line; ten feet is required by code in the R1 zoninq
district.
There are two small accessory structures on the property now, but
both are under 160 sq.ft. and are considered by code to be tool
sheds.
The applicant's hardship, as presented. was the mature trees in the
center of the turn -around would have to be removed if thev were to
meet the 10 foot setback. The applicant would like to continue usinq
the existing drivewav and turnaround.
The Citv Administrator and Deputy Clerk visited the site and noted
the mature trees in the center of the turnaround that would have to
be removed if the applicant was to meet the 10' setback. Councilmen
LAKE ELMO CITY COUNCIL MINUTES JUNE 7. 1988 PAGE 3
i Johnson and Moe had visted the site and suggested thev rut the aaraae
in the backfield. Councilman Graves suaaested thev turn the garaae
around with the doors pointing west and move it closer to the shed.
This would even make it a few steps closer to the house.
Councilwoman Armstrong suaaested making it a 2-stall garage and then
the variance request would onlv be for 2 feet.
Harvev Markqraf. 10915 33rd St. Lane, stated he was a neighbor and
had no problem with the variance request.
Mayor Arlyn Christ closed the public hearing at 8:00 p.m.
The City Council requested the Grobner's look at an alternate
placement and sizing of their garage to either minimize or eliminate
the variance request and that the Grobners get comments from the
adjoining propertyowner, Horrigan & Pott.
M/S/P Moe/Graves - to table the variance request of David & Debra
Grobner, 10867 33rd St. N., until the June 21st City Council meeting.
(Motion carried 5-01.
C. Variance to number of accessory structures in the R1 Zoning
District and Shoreland Permit --
Richard Travers. 2151 Lake Elmo Ave. N.
Mavor Christ called the vublic hearing to order at 8:03 in the City
Council chambers.
Richard Travers, 2151 Lake Elmo Avenue N., is requesting a variance
to the number of accessory structures in the R1 zoninq district. Mr..
Travers Drorosed to build a new qaraqeas well and retain his old one.
The existing structure is a 12 x 18 single car aaraae and built into
the hill at the rear of the lot and is reinforced with concrete which
would be very difficult to remove.
This aaraae requires a shoreland permit. Mollie Comeau of the DNR
had no Droblem with this request and the onlv concern of the Citv
Engineer was that the garaae is not placed on the drainfield.
The Council suggested the applicant consider attaching the new
structure to the existinggaraae because if the rooflines connected
this would be considered as one buildinq and would not need a
variance. The applicant felt this would require him to excavate a
vortion of the hill and would also result in the loss of quite a few
trees. Councilwoman Armstrong suggested he tare the old building
down because it had big cracks in the wall and she was concerned that
the building would fall down.
There was no one to speak for or against the variance request.
Mayor Christ closed the public hearing at 8:10 p.m.
The Council suggested that the applicant talk to the Building
Official to see if the old garage could be filled in and construct a
new wall in order to make it smaller, in order for it to be
LAKE ELMO CITY COUNCIL MINUTES JUNE 7, 1988 PAGE 4
classified as a shed. If this could be done, he would not need a
variance for a second accessory structure.
M/S/P Graves/Moe - to instruct Richard Travers to talk to the
Building Official about the feasibility of closing in the old garage,
constructing a new wall to make it smaller in order for it to be
classified as a shed. Therefore, no variance needs to be granted for
the new garage. (Motion carried 5-0).
5. PUBLIC HEARINGS: Street Improvements,
1988 Bituminous overlays
Mayor Arlyn Christ called the public hearing to order at 8:12 P.m. in
the Citv Council chambers.
Citv Engineer Bohrer explained the history of each road and estimated
the total cost of the overlay protect which will be assessed to
benefiting Prooerty owners, at about $131.000. There are three
methods of assessment: (1) Benefitted Front Foot Method. (2.) Unit
Charae Method: and (3) Combination Method. Larry Bohrer presented
the Council with a ureliminary assessment roll for the Combination
Method and the Frontage Method.
Bohrer stated the streets targeted for repair are in such a condition
that sealcoatng and pothole repair would not be adequate. Therefore,
he said the proposed protect would "protect the Citv's investment in
the road itself." He added that the overlay would be lower in cost
than complete reconstruction, which would likely be necessary in the
future if the protect were not approved.
The streets that will be upgraded, a description of improvements for
each and individual cost estimates are:
A. Hilltop Avenue--$22,500, overlav entire street with 1-1/2
inches of bituminous to strengthen the pavement and improve crown for
drainage,-
B. 36th Street from Jamaca Ave. to Irwin Ave. and 37th Street
from Irwin Ave. to 200+ east--$9,200, overlav with 1 1/2 inches of
bituminous and fill low aravel shoulders to'remove trapped water;
C. Legion Avenue from 30th St. to the south--$13.000, level old
surface, build new crown and overlay entire surface;
D. 27th St., 28th St., Ironwood Trail, & Irish Ave. within
Tablyn Park Addition--$25,300. dig out and patch loose areas and
overlav entire surface with 1 1/2 inches of bituminous;
E. 27th St. and 27th Court within Tablvn Park 2nd
Addition--$16,630, overlav with 1-1/2 inches bituminous to strengthen
the pavement and smooth out the ruts;
F. 33rd St., from Klondike Ave. to Lake Elmo Ave.--$44,900. dig
out and patch broken areas, excavate drainage ditch on north side of
33rd Street, remove cottonwood tree on north side of 33rd Street
because it is a hazard.
Chuck Roos, 5291 Hilltop Avenue, suggested the Citv replace the curbs
that have been broken because of the damage down by the snowplow.
LAKE ELMO CITY COUNCIL MINUTES JUNE 7, 1988 PAGE 5
Al Williams, 5091 Hilltop Avenue, asked how vacant lots would be
assessed. Bohrer responded that vacant lots would be assessed the
same as built upon lots.
A letter was received from Mark Rivard. 5920 Hilltop Avenue, statinq
that the cost of these improvements should come out of the tax
dollars. He oblects to the overlay and feels he already pays too much
in taxes.
Mark Waldo, 8838 36th Street. wanted lust a sealcoatinq with a
guarantee in writing and objected to an overlay. He felt that routine
maintenance could have avoided an overlay. This was not a through
street, had only 10 homes on it and did not have a hiqh volume of
traffic.
Arlvn Christ. 8928 36th St. N., stated the indications he qot from
most of the people was that thev wanted an overlay.
Gail Sullivan. 2968 Leaion Avenue N., stated she would like to know
what the assessments were before she cave her approval. Bohrer
responded that the assessment estimates were based on 1988 bids of
other roads in the City.
Betty Olson. 2932 Leqion Avenue N., asked if the truck traffic for
replacing the septic systems on the 201 protect was responsible for
the street deterioration which Bohrer answered "no" to.
Grea Malmquist, 8549 Ironwood Trail, wanted to know what would this
street overlay do to his new driveway. Would we be usinq T.A.
Schifskv who does alot of city street work because Malmquist felt he
was very high priced based on the driveway bid he received from them.
Dan & Judy Novak, 8520 Ironwood Trail N., objected in a letter for
the need of an overlay and an extra tax burden. Dan added that if
there was extra money to spend he suggested we use it to fight the
landfill.
Mr. & Mrs. Henke, 8785 Ironwood, had no concern with the protect, but
were concerned with getting a double assessment as they are on the
corner of 27th and Ironwood.
Pete Schiltgen, 10880 Stillwater Blvd. N., strongly opposed the
street improvements. Pete could not see how his cornfields would
benefit by this road. He also voiced the same objection for Jim
Montague, 3360 Klondike Ave. N., who was not able to attend.
Dan Rude, 3250 Kraft Circle, asked why the Railroad isn't assessed
for their portion of the street. Bohrer answered that it was
impossible to show an increase in value to a railroad company. Rude
also stronqlv opposed the removal of the larae cottonwood tree on the
north side of 33rd Street.
Huqh Madson, 11060 32nd St., felt they were city owned roads and the
needed road improvements should be taken out of our taxes (General
Revenue). He also suggested sealcoatinq every three years.
LAKE ELMO CITY COUNCIL MINUTES JUNE 7, 1988 PAGE 6
Mayor Christ closed the public hearing at 9:30 p.m.
In regard to the right-of-way problem with 33rd Street, Council
Graves asked the City Engineer to continue looking for an alternative
for getting onto Stillwater Blvd.
Councilman Johnson felt the Council had an obligation for the best of
the community to keep our streets in good condition:'. Therefore, the
following motion was made:
M/S/P Johnson/Graves - to adopt Resolution 88-24 ordering in the
improvements and ordering preparation of plans and specs as
specified. City Engineer Bohrer will take care of the replacement of
the the curbs on Hilltop Avenue. (Motion carried 5-0).
6. PUBLIC HEARING: Ordinance Banning Glass Containers
in City Parks
Mayor Christ opened up the public hearing at 9:48 p.m. in the City
Council chambers.
Nancy Hansen, Chairman of,the Parks Commission, was present.
The Parks Commission had a concern with the broken glass found in our
parks and requested the proposed ordinance. This ordinance would
allow our deputies to issue citations to those violating this
ordinance. The Parks Commission would have signs made up for all
parks listing the rules and regulations and place these signs at the
entrance to each park.
The Council deleted the wording under Section 1510.080 "or onto any
property owned by the City of Lake Elmo".
M/S/P Armstrong/Graves - to adopt ordinance 8019, an ordinance
prohibitting glass beverage containers from being brought onto any
Park within the City of Lake Elmo, as amended, and to display the
signs listing all the rules and regulations at the entrance to each
park. (Motion carried 5-0).
7. Request from Tri-Lakes Assn., Community Hall, Wyn John
Wyn John, President of the Tri-Lakes Improvement Association
discussed with the Council their desire to have a community hall for
residents of Lake Elmo. The Council asked Mr. John to put this on
the Tri-Lakes agenda to discuss it further, as to where it should be
located, how should it be financed, what would it be used for, and
come back to the Council with their comments.
Councilman Johnson would like to look to the future and see if there
is a need for this. Councilwoman Armstrong extended an invitation to
( the Tri-Lakes Association to use the City Hall for any of their
gatherings. Also, it was pointed out that the VFW Hall is used as a
community hall.
LAKE ELMO CITY COUNCIL MINUTES JUNE 7, 1988 PAGE 7
8. CITY ATTORNEY'S REPORT
City Attorney Knaak had no additional comments.
9. CITY ENGINEER'S REPORT
A. Washington Co./Metropolitan Council: request for extension
of (Jamaca Ave.) Landfill #1 Permit
In February, 1988, Mary Luth of the Washington County Public Health
Department appeared before the Council to present the 1987 Evaluation
Report on the Lake Jane Landfill. One of the items discussed was the
Counties' desire to connect Gradient Control Well No. 1 (CG-1) to the
VBWD storm sewer.
The Counties have not applied for the necessary revisions to their
State permit to make such a connection. The City now has an
opportunity to comment on the permit application.
City Engineer Bohrer had two concerns: the movement of contaminants
off -site to Eagle Point Lake and the reduction in flow capacity of
the VBWD system if some capacity is used by the Counties.
Councilman Graves voiced his concern that we would be pumping this
water down to Eagle Point Lake and then on -down into the St. Croix
River. The types of contaminants are going to build up in the fatty
tissues of the fish and there is a potential to contaminate the fish
in the lake. Councilman Moe suggested getting input from the DNR.
Councilwoman Armstrong did not want to sit back and give them
permission for a permit for a period of five years. Rose would like
to see a strong letter written stating they should be looking for
more than the 17 contaminants tested and want it constantly monitor
and watching what is going into Eagle Point Lake. As of today, there
is a landfill on course for Eagle Point Lake which will throw enough
effluent into that lake. When the landfill comes up for discussion,
the County will say the City didn't mind landfill no. 1 going into
Eagle Point Lake, why are they now protesting this secondary
landfill. Graves added they would probably say "we already polluted
Eagle Point Lake anyway so what is a little more.
Councilman Johnson felt the point of exceeding the limits can happen.
There could be a��inage in�°the water system that would raise the
in
contaminant level"l ,c t:g.e: ad i broke open. They check it quarterly now,
but should propose some bat,c ng and testing operation. If they are
going to do this ar �l th "b�inue to spray to get rid of the
contaminants beforen�a]ves the site and have it _held'°; in..: some
kind of a reservoir which would be plastic lined Before the wateri is
discharged, it should be tested _first.
Johnson added that this is "the old solution to pollution by
l dilution". He objected to the lonely statement" Receiving water:
Eagle Point Lake via Tri-Lakes Outlet) on the permit. There is
nothing stating height or anything on spraying or air -stripping. It
is made out like they want an extension to continue working --but in
LAKE ELMO CITY COUNCIL MINUTES JUNE 7, 1988
Yreality it is the first time. Johnson would like the
1 formal request that this be heard by the'MPCA Board
people attend this meeting.
PAGE 8
City to make a
and a number of
Graves felt a strong letter could be written stating that we
recognize this is a short term interim approach to addressing the
problem and would recommend acceptance of this as long as it is
accompanied with a detailed plan identifvinq specific steps in a very
definite sequence of events that will be taken to positively correct
the problem in 10 or 15 vears which may include excavating the
landfill and removing the offending drums.
M/S/P Johnson/Graves to instruct the Citv Administrator and Citv
Enaineer draw uD a resolution to reflect the comments made by the
Council at the June 7th meeting and make a request for a formal
hearing to be heard by the MPCA Board. (Motion carried 5-0).
B. 43rd & Kimbro: MSA designation relocation
City Engineer Bohrer presented resolutions necessary to revoke MSA
designation on Kimbro Avenue and 50th Street and to establish MSA
designation on Kimbro Avenue and 43rd Street.
M/S/P Johnson/Graves - to adopt Resolution 88-25 A Resolution
receiving report and calling hearing on improvement; 88-26 Revoking
MSA street designation on Kimbro. Avenue N. (47th St. N. to 50th St.
N.) and 50th St. N. (Kimbro Ave. N. to CSAH 17) and 88-27 Designation
as MSA Street Kimbro Avenue N. (43rd St. N. to 47th St. N.) and 43rd
St. N. (Kimbro Avenue N. to CSAH 17). (Motion carried 5-0).
C. Letter re: Request for construction of 39th St.
City Enginer Bohrer received a letter from the Lake Elmo Business
Park, the managing entity for Brockman Addition, stating their
intentions for the construction of 39th Street between CSAH 17 and TH
5. The developers are requesting that the City Engineer prepare the
plans and specifications and coordinate the construction to avoid a
duplication in effort. The normal procedure would be for the
developers to hire their own engineer to prepare plans,
specifications and contract the work.
City Engineer Bohrer had no objections to this approach, but since it
was different from the past practice, the request requires Council
action. These proposed improvements differ from the usual whereby
the developer installs improvements becausethis project involves the
extension and looping of the city water system. Bohrer felt for this
reason it would be advantageous for the City to have the City
engineer design the improvement and he directly observe the
construction.
A Developer's Agreement would be executed and secured by a Letter of
Credit or other security, and the developers would pay all
engineering and construction costs on a pass -through basis.
Councilwoman Armstrong voiced her concern of the developer wanting to
LAKE ELMO CITY COUNCIL MINUTES JUNE 7, 1988 PAGE 9
use MSA funds for bituminous surfacing of the road. City Engineer
Bohrer responded that this was not a state aid designed road so there
would be no bituminous overlay with MSA Funding. Rose questioned if
all pass -through costs have been paid and by approving this request,
it would be starting a precedent.
M/S/P Grave/Moe - to instruct the City Administrator, City Engineer
and City Attorney to facilitate the 39th Street Improvements for the
Brookman Addition and that a Developer's Agreement be executed and
secured, and a Letter of Credit for all engineering by the City
Engineer, and all construction costs be passed -through to the Lake
Elmo Business Park Company. (Motion carried 4-1<Armstrong>).
D. Partial Payment #5, Part D, 201 Project
City Engineer Bohrer presented for the Council's review the Estimate
and Certificate for Partial Payment No. 5 in the amount of
$26,842.06. This payment represents sodding, topsoiling and 34th
Street paving completed in May.
M/S/P Armstrong/Moe - to approve Partial Payment No. 5, for Part D,
of the 201 Project to Lake Area Utiltiy Contracting Co., in the
amount of $26,842.06. (Motion carried 5-0).
10. Proposed Ordinance:' Creating Residential Estates Zoning
in certain areas of the City
Steve DeLapp, Planning Commission Chairman
The Planning Commission provided a draft of an ordinance designating
standards for the Residential Estates Floating Zone and a map
deliniating the PZ's proposal of properties which would be affected
by this floating zoning district.
Professional landscaper Bob Engstrom provided examples of how a
Residential Estate district could look in Lake Elmo.
Councilman Graves questioned the requirement for lots to contain a
full circle having a diameter of at least 250' for 2 1/2 acres or
350' for 5 acres because the example Mr. Engstrom had all lots did
not contain this circle. Graves was not clear on the objective of
having this full circle and asked if this could be achieved by some
ratio on the lot. PZ Chairman Steve DeLapp responded that the
objective was to give more space and some character to the City than
what we currently have for the residents. It would also make it
easier for the developer to use a PUD without taking awav Council
oreogatives. Mr. Engstrom answered the principle was alright. but it
does not need to be a requirement. Marqe Williams added that all
developers are not as imaginative, therefore. it becomes a
requirement for the aualitv of life in the City to have some kind of
restrictions.
Graves suggested that a requirement should be stated that a lot
should not have more than five sides. This would basically avoid
gerrvmanderinq of the lots. He questioned the minimum of the 60 foot
lot width at the street where 125 feet is required evervwhere else in.
LAKE ELMO CITY COUNCIL MINUTES JUNE 7, 1988 PAGE 10
the Citv. For the purpose of clarity, Graves felt it should be
defined under hardsurface coverage what constituted hard surface --a
tennis court or a swimming pool?
Under Special Conditions, we now allow under R1 zoning 1000 sq.ft.
accessory structures. Graves felt 500 sq.ft. was too restrictive and
thought it would be unreasonable with 2 1/2 acres to have the
requirements up to 1000 sq.ft.. Mr. Engstrom stated he had a
covenant for an accessory structure 720 sq.ft. on smaller lots.
Grave also brought up his concern on the 22' wide roads. The City
has been very ,adamant in requiring all subdivision of Lake Elmo to
have a 24' paved road width. He would prefer this to continue. In
regard to a gravel road, he felt over a short period of time the City
would get petitions to have the road black -topped. DeLapp responded
the PZ was trying to make this economically viable enough so a
developer can come in with an RE development. Engstrom stated that
two-12 foot lanes would take care of most residential areas. In an
ordinary subdivision of 2 1/2 acre lots, he thought we should want
city standard type streets with a bituminous surface. Graves felt it
should be stipulated that on a 5 acre subdivision gravel roads would
be on a cul-de-sac and deemed private so the Citv is not required to
maintain them.
In regard to the statement that newlv developed property must adopt
covenants at least as restrictive as in adjacent subdivision, DeLapp
explained that if the subdivision would ao against FoxFire. thev
would have to start out with FoxFire covenants. Al Kunde added that
this would only be on adiacent lots to that subdivision --that being
across the street is no longer considered adiacent.
DeLapp also explained that in the Comp Plan it would require that anv
5 acre lot next to Rl zoning would not be eligible to have a horse.
Graves thought this should be out in the ordinance and not in the
Comp Plan.
Councilman Graves thought the RE zoning District was a good wav to
maintain and Dromegate the character of the Citv. He supported the
concept.
Councilman Moe was not against the concept, but questioned how was
the Citv goinq to enforce the landscape conditions. DeLapp answered
the enforcement would be through the submitted landscape plan which
the builder would submit. It would be the responsibility of the
Buildina Inspector to approve it and check on the trees and shrubs.
Moe asked the Citv Attornev if these special conditions have to be
applied city-wide. Knaak answered that this would be defined in the
particular zonina district and would onlv affect that area.
The no clear -cutting provision was discussed. Lee Hunt felt it would
be a real travesty to come in and clear a lot bare without leaving
some trees up and having some form of management. Ed Stevens
explained that clear cutting to him meant to cut everything down and
replace it with nothing. This wouldn't be acceptable. The builder
could clear out as much as he wants and replace it with whatever he
LAKE ELMO CITY COUNCIL MINUTES JUNE 7, 1988 PAGE 11
wishes.
Moe would like to allow Residential Estates zoning on all Rural
Residential zoning areas in the City and not on specified areas of 20
acres or more. DeLapp stated the northeast quadrant of the City was
not included because there was not much interest in subdividing in
that section. The people that have bought property there have all
bought larger lots.
City Administrator Morrison asked if this type of development was
done through the zoning code or is it accomplished through
restrictive covenants. Engstrom answered that the esthetic
provisions that he described was done through restrictive convenants.
Councilwoman Armstrong stated if they are going to fill in all of the
RR land to the northeast corner of town, the only open space left in
Lake Elmo is her farm and the Regional Park. This is not what Lake
Elmo has stood for --this is not considerd open space. Once people
see this map, you will get people in demanding this zoning. Rose
felt the ordinance is a good idea, but the map encompasses too much
of Lake Elmo. She would definitely not be in favor of it
encompassing the northeastern corner of the City. Councilman Johnson
added that it is contrary to the Comprehensive Plan.
Councilman Johnson commended the Planning Commission for making a big
improvement from the first draft of RE zoning.
Mayor Christ felt RE zoning was providing for an opportunity, given
limited infrastructure, an opportunity for someone to make an
economic value of his property. Given the conditions of farming
today, a person can take his land and put a little meandering road
back in there and build some houses with nice landscaping. This
would be an enhancement to the community and would be economically
feasible.
M/S/P Graves/Johnson - to direct the staff to further study the
Residential Estates zoning district and come back to the Council at
their June 21st meeting with their comments and recommendations.
(Motion carried 5-0).
11. Request for Approval of Mutual Aid Assn. Aqreement
Fire Chief Fran Pott
Fire Chief Fran Pott requested Council approval of the Mutual Aid
Association Reciprocal Fire Service Aqreement.
M/S/P Graves/Johnson - to authorize the Mavor and Citv Administrator
to sian the Capitol Citv Mutual Aid Association Reciprocal Fire
Service Aqreement. (Motion carried 5-0).
12. CITY ADMINISTRATOR'S REPORT
A. Request for Dartial payment of 1987 & 1988
Real Estate Taxes (White Hat Restaurant)
LAKE ET,MO CITY COUNCIL MINUTES JUNE 7, 1988 PAGE 12
William Schwab, Penfield Inc., has advised the Council that Ed
Gorman, White Hat, has requested the City make partial payment of
1987 and 1988 Real Estate Taxes for property assumed by the City for
the 201 Project. ($382.880, 1987 and $468.71 for 1988).
City Administrator Morrison reported that Ed Gorman advised her that
he and his attorney have reviewed Mr. Schwab's letter and are in
agreement with the partial payment amounts.
M/S/P Graves/Moe - to approve partial payment of 1987/1988 Real
Estate taxes for Parcel #37135-2000 (ED. Gorman) in accordance with
letter of Wm Schwab, Penfield Inc., dated May 25, 1988. (Motion
carried 3-2<Armstrong, Johnson: thought it appropriate to pay the
1988 taxes but questioned the reasonableness of City payment of 1987
taxes because he has already been g'ven.mone for the 201 ro r >)
A rmstrong: he owned it in 1986 &was awar ed-too mud on the condemx 'tioi ai°ready)
B. Designation of Weed Inspector
Douglas K. Johnson, County Agricultural Agent asked the city to
appoint an assistant weed inspector and file the proper form with the
state and himself. This process ensures that the assistant weed
inspector has full legal authority to inspect properties and enforce
state weed law.
M/S/P Moe/Graves - to appoint Maintenance Foreman Dan Olinger as the
Assistant Weed Inspector for the City of Lake Elmo. (Motion carried
5-0)
C. Approval of Revised Assessed Values (Board of Review)
The Council met on May 19th as the Board of Review with Lake Elmo
Assessor, Frank Langer to review all residents' request for review of
assessed values. After hearing all parties concerned, Mr. Langer
reviewed his and the Board of Review's findings with the proper
County Officials; the County representative concurred with the
findings. Consequently, the 8 parcels presented should be reduced
and/or amended.
Mayor Christ had talked to Assessor Frank Langer for approval to
include Kenneth E. Weber, #37406-2650.
M/S/P Armstrong/Johnson - to resolve that the Board of Review, after
careful study, hereby approve the reduction and/or amendment of
assessed values as set forth in Exhibit A with the addition of the
property of Kenneth E. Weber #37406-2650. (Motion carried 5-0).
D. Compensation, Acting City Adm, Mary Kueffner
City Administrator Morrison submitted her recommendation for
compensation to Mary Kueffner for her additional responsibilities as
Actinq City Administrator during the interim period of January 7th
throuqh May 13th 1988.
M/S/P Armstrong/Graves - to approve the Citv Administrator's
recommendation for compensation to Mary Kueffner in the amount of
LAKE ET,MO CITY COUNCIL MINUTES JUNE 7, 1988 PAGE 13
l $1953 for her additional responsibilities as Acting City
Adm.linistrator during the interim period of January 7 thru May 13th,
1988. (Motion carried 5-0).
E. Part-time Filing Clerk Position
City Administrator Morrison recommended that the present part-time
clerical position be terminated on June 30th. Although it is
anticipated that a majority of the work/filing backlog will still
remain, she believes that as the Position was not anticipated when
the 1988 budget was prepared, this continued expenditure was not
warranted.
A clerical person from the Job Trainina Center of Washinaton County
has been requested and we should have a summer youth on board by June
20th.
After the City Administrator has had more time to evaluate the
workload of the current staff, it's possible a recommendation for
Council consideration of a permanent part-time person may be
requested of the 1989 budget.
F. ICMA Deferred Compensation Agreement
The Council reviewed the resolution which all cities particioatinq in
the ICMA Retirement Plan are beinq asked to approve, and which is an
addendum to the originally adopted Deferred Compensation Aqreement.
This addendum is Prompted by SEC requirements and regulations. The
resolution, i.e., addendum doesn't chance the Plan in any way, but
simply becomes a Part of the Trust wherehv the ParticiDatina cities
become full members of the orqanization and as such, are allowed full
voting privileges on the Board.
M/S/P Graves/Moe to adopt Resolution 88-23 - A Resolution for a
Legislative Body Relating to a Deferred Compensation Plan. (Motion
carried 5-0).
G. Bids for Pickup
Bids were opened on June 3rd for the 3/4 ton extended cab pickup and
for the equipment package. A bid received from Randy Iten Chev.,
Hudson for the pickup in the amount of $15,500, less trade-in, of
$2.000 for the 1982 1/2 ton Chevrolet Pickup. However the bid was
not accompanied by the 10% cashier's check as required by the
specifications; therefore, the bid could not be accepted.
M/S/P Graves/Moe - to re-lect the bid of Randy Iten Chevrolet based on
lack of submission of the 10% cashier's check and to authorize
readvertisements for bids for the 3/4 ton extended cab truck.
(Motion carried 5-0).
M/S/P Moe/Graves -to adjourn the City Council meetinq at 12:20 D.m.
(Motion carried 5-0).
CLAIMS TO BE APPROVED AT JUNE 21, 1988 LAKE ELMO COUNCIL MEETING
(all claims are within budget unless otherwise noted)
90399
TMT Recycling - approved at June 7th meeting
$ 898.65
90400
Lake Area Utilities - 201 construction - approved 6/7
26,842.06
90401
Mary Kueffner - Bonus for Acting Administrator
1,953.00
02
White Hat -Real Estate taxes - approved 6/7
851,51
904
3
thru City $ 42.60
90408
Beeman House cleaning - Fire 15.95
58.55
90409
Postmaster - postage meter
400.00
90410
Julie Coyle - swing set - K1eis Park
80.00
90411
Nancy Hansen - reimbursement for trees
138.00
90412
St. Paul Ballfield - Tablyn Park ballfield
28.98
90413
AT & T - Fire Dept, $ 13.90
Maint. Dept. 23.22
37.12
90414
TKDA - General 894.76
Pass Thru 121.41
MSA 2,563.34
201 Sewer 2,386.96
Water Fund 568.87
Sewer Fund 182.08
6,717.36
90415
City of North St. Paul - -a_n_i'm_aT control vehicle
165.00
90416
IBM - Typewriter maintenance
135.00
90417
Minn. Clerks & Finance Officers Assn - dues
30.00
90418
Hagbergs Country Market - Fire $ 147.28
Office 56,63
203.91
90419
Steven Speltz - Fire Dept. work
130:00
90420
Minn. Conway Fire & Safety - Fire Dept, supplies
166.71
90421
Moelter Electric - Fire Dept, bldg maint, $$ 160.00
Civil Defense sirens 375.00
535.00
90422.
Oswald Fire Hose - Fire dept. supplies
18.00
90423
Valley Truck Service - Fire Dept, truck maint.
909.29
90424
Club Scuba - Fire dept supplies
120.00
90425
Fran Pott -.Fire dept conference expense
305.47
90426
Hardware Hank - Fire Dept. $ 115.37
Maint. Dept. 8.96
124.33
90427
Battery & Tire Warehouse - Maint. Dept.
213.15
90428
Raco Oil & Grease - Maint. Dept.
311.45
90429
Junker Sanitation - Maint. dept dumpster
45.00
90430
Glenwood Inglewood - Maint Dept.. water
12.40
90431
Leef Bros - Maint. Dept, supplies
61.45
90432
Binder Printing - Maint. dept signs
50.00
90433
T. A. Schifsky - Maint, blacktop mix
731.06
90434
Polfus Implement Inc. - New tractor .
13,704.00
90435
Metro Waste Control Com. - sewer service chagges
68.54
90436
thru
90448
July 1 payroll
9,529.59
Total
$ 65,574.58
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
JUNE 7, 1988
6:45 p.m. CLOSED EXECUTIVE SESSION
7:00 p.m. MEETING CONVENES
1. Agenda
2. Minutes: May 17, 1988
3. Claims
PUBLIC INQUIRIES
4. PUBLIC HEARINGS: Variances
A. Variance to size of accessory structure,
RR Zoning District -- Hatherly/Keyes
(Continued 5/17)
B. Variance to sideyard setback in the R1
Zoning District --David & Debra Grobner
10867 33rd Street
C. Variance to number of accessory structures
in the R1 Zoning District and Shoreland
Permit --Richard Travers, 2151 Lake Elmo Ave. N.
5. PUBLIC HEARINGS: Street Improvements,
1988 Bituminous Overlays
A. Hilltop Avenue
B. 36th Street from Jamaca Ave. to Irwin Ave.
C. 37th Street from Irwin Ave. to 200+ east
D. Legion Avenue from 30th St. to the south
E. 27th St., 28th St., Ironwood Trail, &
Irish Ave. within Tablyn Park Addition
F. 27th St. and 27th Court within Tablyn Park
2nd Addition
G. Klondike Ave. from TH5 to 33rd Street
H. 33rd St, from Klondike Ave. to Lake Elmo Ave.
6. PUBLIC HEARING: Ordinance Banning Glass
Containers in City Parks
7. Request from Tri-Lakes Assn., Community Hall
Wyn John
8. CITY ATTORNEY'S REPORT
9. CITY ENGINEER'S REPORT
A. Washington Co./Metropolitan Council: request
for extension of (Jamaca Ave.) Landfill #1
Permit
B. 43rd & Kimbro: MSA designation relocation
C. Letter re: Request for construction of 39th St.
D. Partial Payment #5, Part D, 201 Project
10. Proposed Ordinance:" Creating Residential Estates
Zoning in certain areas of the City
Steve DeLapp, Planning Commission Chairman
11. Request for Approval of Mutual Aid Assn. Agreement
Fire Chief Fran Pott
12. CITY ADMINISTRATOR'S REPORT
A. Request for partial payment of 1987 & 1988
Real Estate Taxes (White Hat Restaurant)
B. Designation of Weed Inspector
C. Approval of Revised Assessed Values
(Board of Review)
D. Compensation,_ Acting City Adm, Mary Kueffner
E. Part—time Filing Clerk Position
F. ICMA Deferred Compensation Agreement
FUTURE MEETINGS:
June 6 7:00 p.m. Parks Commission
June 13 7:30 p.m. Planning Commission
June 21 3:00 p.m. Municipal Board Hearing (Rm. 165 Metro Square
Bldg.)
10. Staff Reports: Proposed Residential Estates
Ordinance
11. CITY ADMINISTRATOR'S REPORT
A. Shoreland Permit, R. Travers,
2151 Lake Elmo Avenue
I-- QI-4 Po¢elner,
Sfa of DTnnesota,
Carady of
Q i tom-+,�rn`
_., �.......,. . wl�Nhe ,rod Board of Review- tion—of oL
Ci & on th y ..... I the day si
inthe following fo®s.._.. yr s-- Wiincrs os fl,:a .:ay Of_
-Applies only to Cdies whose Charters provide for a Board of Equalization instead of a Bono
Changes made by Local Board of Review—" _
°Enter "Yes" or "No" for each Description. Identify Parcel on which Residence is Located with I
Homestead: 3b, So or Scc, SRR - Seasonal Recreational Residential, SRC - Seasonal Recreations]
NAME OF PROPERTY OWNER
.. or
DESCRIPTION
AND ADDRESS': v -. xo. �-
c tt�y� T
Iaia -?\oo
ZO=IOrJ
Note: where omitte:
r� t
t
CLAIMS TO BE APPROVED AT JUNE 7, 1988 LAKE ELMO CITY COUNCIL MEETING
(all claims are within budget unless otherwise
noted)
90300
thru
90312
June 3rd payroll
$ 8,273.62
90313
thru
90320
Compost workers for May
1,455.78
90321
thru Office $ 50.30
90329
Cleaning - Fire 11,56
90330
Parks 7.98
Commissioner of Revenue - 'Pay tate withholding
69.84
948.00
90331
Ray Erwin - Fire Dept, repairs
300.00
90332
Bill Best - building permit refund (overpaid)
75.85
90333
Merle Eastman - May animal control officer
195,00
90334
Gerald Dahlberg- it240,00
90335
Oakwood Animal Hospital - May impounding -services
158.00
90336
City of North St. Paul - Animal control vehicle
165.00
90337
Arlyn Christ - 1/2 Mayor salary
1 200,00
90338
Rose Armstrong - 1/2 Council salary
900.00
90339
Charles Graves - IV . . .
900,00
90340
Donald Moe - if.
900.00
90341
Richard Johnson - ".
900.00
90342
American Typewriter - office supplies` ---
185.22
90143
Binder Printing - letterheads and business cards"- Pat
127,00
90344
Lillie Suburban Newspapers - Legal publications --- -
136.40
90345
Cragun's - Our portion of IC14A conf."- Pat - -
84,22
90346
League of MN Cities - 1 copy of Local & Reg. Planning.-
13,00
90347
to I,
Directory of MN City Officials
10. 75
90348
it
" - Handbook for MN-Cities
80.75
90349
MN City Management Assn. - Dues
-: 3535.0000
90350
American Linen Supply - Office bldg maint. m-
.
..-90351.._Bellaire
Sanitation - Office Dumpster $ 46.80
Clean -Up Days * 2,500.00
2,546.80
*receipts were $ 956.00
90352
`
AT & T - Office phones
66.95
90353
Northwestern Bell - Office $ 169.14
Fire 64.31
Maint. 57.29
90354
Park 12,52
Northern States Power - Office $ 141.39
303.26
Fire 180.90
Maint. 134.22
Street Lites 740.23
Park 147.60
Water 332.46
90355
Sewer 15.66
Rauenhorst Carlson & Knaak - General
1,692.46
90356
,T6g7.00
201 Sewer 135.25
Caswell & Assoc. - Retainer
1,232.25
900.00
90357
LMCIT - June Hospitalization
1,435.80
90358
Allied Group Insurance Trust - June premium
58,11
90359
Minn. Benefit Assn. - June premium
56.00
(over)
t
90360
90361
90362
90363
9,0364
90365
90366
90367
50368
90369
90370
90371
90372
90373
90374
90375
90376
90377
90378
90379
903.80
90381
90382
90383
90384
90385
90386
90398
90311
JUNE 7th CLAIMS (continued)
Club Scuba - Fire dept. supplies
L-Z Co., Inc. -, Fire Dept, parts & repair
Alexander Battery - Fire Dept. radio service
Communications Specialists - Fire Dept. radio service
Jack Haseley - Fire Dept. supplies
Harold's Shoe Repair - Fire Dept. supplies
Firehouse - Fire Dept, subscriptions
Fire Command " it if
E1mo's Lumber & Plywood - Fire dept. bldg maint.
Peoples Plus - Fire Dept. gas
'
Lake Elmo Oil - Fire Dept. $ 171.89
Bldg. Insp. 106.55
Clark Equipment Credit Corp. - Maint. ept. loader pmt.
Flail Master Corp. - blades for mower
T. A. Schifsky - Maint. Dept. street maint.
Battery & Tire Warehouse - Maint. Dept.
DPI Green Industry Expo- registration for 3 men -
John Deere Distr. Service Center repair manuals
Valley Auto Supply - Maint. Dept, parts & repair
Thompson Hardware - Maint. Dept. supplies
Bryan Rock Products - Maint. Dept. street maint.
Pioneer Rim & Wheel - Maint. Dept.-
Interstate Diesel Products - Maint. Dept.
Metro Waste Control Com. - sewer service chgs.
M.P.C.A. Sewer - 1 day pump workshop
Snap-On Tools - Water Dept.
Davies Water Equip. Co. - Water Dept.
thru
June 17th payroll -
Total
$ 90.00
143.58
129.68
97.44
36.82
52.69
31.97
43.50
68.18
94.77
278.44
1,556.00
199.00
517.83
201.06
27.00
68.50
456.18
50.63
32.26
65.06
51.84
68.54
20.00
42.20
28.06
9,374.53
39,514.78
RAUENHORST CARLSON & KNAAK
AITOPN AT W
ROSEDALE CORPORATE PLAZA
2665 LONG LAKE ROAD
ROSEVILLE, MINNESOTA 55113
May 26, 1988
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
Attention: Marilyn
(F)
PROFESSIONAL SEA fiF1iEN95RIPTION
aR
LLeettlter
04 22/88
.7
to M. Keufner re Board of Review issues (FWK)
04/25/88
1.0
File review; Draft audit letter (FWK)
04/26/88
.6
Review Planning commission packet; Research (FWK)
04/27/88
.6
Phone conference — F. Mastro, client re variance (SPC)
1.6
Phone conference — L. Bohrer, client; Draft deeds (SPC)
04/28/88
.2
Phone conference — client re Stun Gun (SPC)
.2
Phone conference — Auditor (FWK)
05/03/88
6.5
Prep and attendance at City Council meeting; Phone
conference — Office MR)
05/04/88
1.0
Review of material from Council Meeting; Phone con—
ference — staff re misc matters (FWK)
05/10/88
.25
Phone conference — L. Bohrer re 88 street imp (SPC)
05/17/88
.5
Phone conference — M. Keufner re misc matter (FWK)
05/24/88
.5
Review correspondence; Draft Response (FWK)
05/25/88
.25
Phone conference — Morrison re misc matters (FWK)
City of Lake Elmo
May 26, 1988
Page Two
Retainer received 05/05/88 for April Services
Attorney Hours Covered by Retainer:
General Legal Services
Other (Council Meetings, etc.)
Attorney Fees Not Covered by Retainer:
Document Drafting & Opinions
Costs and Disbursements
Retainer for
TOTAL AMOUNT DUE
I declare, under the penalties of law, that the above
demand is true and correct.
deric W. K
/ 3S5
500.00
6.4
7.5
13.90
.00
.00
500.00 1
500.00
, wAaim or
RAUENHORST CARLSON & KNAAK
ATTOPN ATUW
ROSEDALE CORPORATE PLAZA
2655 LONG LAKE ROAD
ROSEVILLE, MINNESOTA 55113
May 26, 1988
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042 (F)
Attention: Marilyn
RE: Section 32
FOR PROFESSIONAL SERVICES RENDERED —
DATE AMOUNT DESCRIPTION
04/28/88 12.00 Review correspondence from M. Vierling (SPC)
05/20/88 15.00 Phone conference — client
BALANCE OUTSTANDING
Payment received
Total Lawyers' Services
Total Paralegal Services
Costs & Disbursements
Word Processing Services
TOTAL AMOUNT DUE
I declare, under the penalties of law,
demand is true and correct.
�..+.'�h'v!V'ri�is78StCZvrc+'+
1313.00
—1313.00
27.00
.00
.00
27.00
the above accounp, claim or
r ..
c W. Knaak�
RAUENHORST CARLSON & KNAAK
ATTIX1N AT LAW
ROSEDALE CORPORATE PLAZA
2665 LONG LAKE ROAD
ROSEVILLE, MINNESOTA 5511a
May 26, 1988
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042 (F)
Attention: Marilyn
RE: Madson
ll M�LL.i
- FOR PROFESSIONAL SERVICES RENDERED
DATE AMOUNT DESCRIPTION
04/26/88 60.00 Prep for Appeal hearing (FWK)
04/27/88 120.00 Prep for'appellate argument (FWK)
04/29/88 60.00 Court of Appeals (SPC)
04/29/88 120.00 Oral Argument at Court of Appeals (FWK)
05/03/88 30.00 Phone conference — Weinblatt
BALANCE OUTSTANDING
531.35
' Payment received
-531.35
Total Lawyers' Services
390.00
Total Paralegal Services
.00
Costs & Disbursements
.00
Word Processing Services
.00
TOTAL AMOUNT DUE
390.00
I declare, under the penalties of law, that the above accoun ,
claim or
demand is true and correct.
ric W. Knaak
RAUENHORST CARLSON & KNAAK
ATTORNEYS AT W
ROSEDALE CORPORATE PLAZA
2565 LONG LAKE ROAD
ROSEVILLE, MINNESOTA 55113
May 26, 1988
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042 (F)
Attention: Marilyn
RE:
Rogers
I'
gal
FOR PROFESSIONAL SERVICES RENDERED -"
-
DATE
AMOUNT
DESCRIPTION
04/27/88
120.00
Prep and attendance at hearing in
Stillwater (FWK)
05/10/88
30.00
Review correspondence (FWK)
05/23/88
30.00
Review correspondence from Court
re Judge reassign—
ment (FWK)
BALANCE OUTSTANDING
Payment received
Total Lawyers' Services
Total Paralegal Services
Costs & Disbursements
Word Processing Services
TOTAL AMOUNT DUE
I declare, under the penalties of law, that t e above account,
demand is true and correct.
Frederic W. Knaak\
155.50
—155.50
180.00
.00
.00
.00 —
180.00
Or
fi h�fYp�4ti�;9,�$iry
RAUENHORST CARLSON & KNAAK
ATTOPl ATL W
ROSEDALE CORPORATE PLAZA
2655 LONG LAKE ROAD
ROSEVILLE, MINNESOTA 5511 a
May 26, 1988
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042 (F)
Attention: Marilyn
RE:
201 Condemnation
�I
ICI
FOR PROFESSIONAL SERVICES RENDERED -
DATE
AMOUNT
DESCRIPTION
04 26/88
5.00
Word Processing
04/27/88
12.00
File Certificate of Real Estate Value
and Deeds (SPC)
05/03/88
30.00
Receipt of Certified copies; Letter to
Washington
County for recording (SPC)
15.00
Review Act (SPC)
20.00
Paid Filing Fee
15.00
Phone conference - B. Schwab (SPC)
05/11/88
30.00
Research (MAM)
8.25
Photocopies
BALANCE OUTSTANDING
Payment received
Total Lawyers' Services
Total Paralegal Services
Costs & Disbursements
Word Processing Services
TOTAL AMOUNT DUE
I declare, under the penalties of law,
demand is true and correct. ,
the
rederic W. Rnaak
171.50
-171.50
102.00
.00
28.25
5.00
135.25
, claim or