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LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 1, 1.988
Acting Mayor Rose Armstrong called the City Council meeting to order
at 7:08 p.m. in the City Council chambers. Present: Armstrong,
Johnson, Graves, Moe and City Administrator Morrison. Absent: Mayor
Christ
1. Agenda
M/S/P Graves/Johnson - to approve the November 1, 1988 City Council
agenda as presented. (Motion carried 4-0).
2. Minutes: October 18, 1988
M/S/P Johnson/Graves to approve the October 18, 1988.City Council
minutes as amended. (Motion carried 4-0).
3. Claims
M/S/P Graves/Johnson - to approve the November 1, 1988 claims #k90954
thru #)91002 as presented. (Motion carried 4--0).
4. A. REAPP REPORT
Todd Williams commended the Committee, composed of Mary Kueffner,
Margaret Carlson, Rita Conlin, on a very professional job done on the
landfill referendum informational brochure. Thanks were extended to
the City Council for their support by holding the informational
meeting and extended thanks to Councilman Johnson for his
presentation.
REAPP will be mailing out a flyer, the end of the week, urging
residents to vote"yes'for the landfill referendum.
REAPP will be meeting with Representative DeLong and Senator Merriam
who are involved in this issue. The City will be notified of the
meeting date.
B. SOLID WASTE ADVISORY COMMITTEE
Bruce Dunn updated the Council on recycling participation rate in the
City. Bruce had available the type of recycling containers (blue with
white lettering) for the Counci.l's viewing. A $5,000 grant from
Washington County for containers will be available. The cost of the
containers are $5-$6 each and, with the grant money, they will, be sold
to the residents at half the cost. This money will be used to fund
more containers. After grant funds are: expended, containers will be
available at full price.
--y After 1990, yard waste cannot be included in mixed municipal waste,
1 which means it will not be accepted at the RDF Plant nor can it be
landfi.11ed. Bruce advised the Council that the City does not have an
ordinance on our books mandating yard waste separation; therefore,
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 1988 PAGE 2
requested the Council draft an ordinance mandating yard waste
separation. The waste haulers that work within the City will have
time to find alternate ways of disposing of uncontaminated yard waste.
M/S/P Johnson/Graves - to direct the City staff to prepare an
Ordinance Mandating Yard Waste Separation. (Motion carried, 4-0).
Some recyclers are having problems with people collecting recyclables;
particularly aluminum cans. An ordinance was requested for
prohibiting scavenging of recyclables.
M/S/P Graves/Moe -• to direct the City Staff to prepare an Ordinance
Prohibiting Scavenging of Recyclables. (Motion carried 4-0).
A request was made for an ordinance requiring that park users, such as
Huff & Puff, ball teams, family gatherings, provide and abide by
beverage container separation. This could be enforced as most users
of the park must first reserve it to guarantee its availability. The
City could provide the containers and even dispose of the contents
just as long as the cans are separated.
M/S/P Graves/Moe - to direct the City Staff to prepare an Ordinance
Requiring Container Separation in our City Parks. (Motion carried
4-0).
Chairman Dunn requested that. the Committee have the opportunity to
draft the three ordinances, with staff and attorney review; the
Council concurred. The Council also encouraged the City to use
recycled paper when prudent to do so.
6. Presentation & Discussion on Tax Law: J. Scott Renne,
Wash. Cty Assess.; Frank Langer, Lake Elmo Assessor
Scott Renee, Wash. Cty Assessor, provided books on new tax information
for the City Council. Renee updated the Council on the change of the
new tax terminology, changes in the Homestead Credit and how the
Cities will be affected by this. He will ensure our Board of Review
procedures are followed; two meetings to be held with a quorum
consisting of 3 members and advised Council can delegate this
responsibility by resolution.
7. PLANNING/LAND USE/ZONING:
A. Final Plat: Creekside on DeMontreville (Crombie)
(formerly F.J. Crombie, 2nd Addition)
At their. October 24th meeting, the Planning Commission unanimously
recommended approval of the Creekside on DeMontreville Final Plat,
formerly F.J. Crombie Estates 2nd Addition, based on the eight
conditions, as set by the Council, being addressed and adherred to by
the Final Plat.
i
` In Larry Bohrer's report, dated October 21, 1988, he stated that the
proposed final plat is in accordance with the approved preliminary
plat and Conditions #1 and #6 of. the Council's approval have been met.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 1988 PAGE 3
Bruce Folz requested placement of "no parking" signs along the new
street.
M/S/P Moe/Graves - to adopt Resolution No. 88-50 granting final plat
approval to Creekside on DeMontreville, contingent upon applicant
entering into a developer's agreement with the City; and contingent
upon applicant paying a park dedication fee of $2.50 for each newly
created lot, and to include placement of "no parking" signs along the
new street. (Motion carried 3-0-1<Abstain: Johnson:abstained because
of a conflict of interest; a member of the Crombie family, who is
objecting to this plat, is a personal friend>).
B. Shoreland Permit: 8431 Deer Pond Trail N., Oliver Anderson
Oliver Anderson, 8431 Deer Pond Trail N, is requesting a shoreland
permit to construct a 12' x 20' addition to an existing accessory
structure (garage). With this addition to the accessory structure, it
will still be below the 1000 sq.ft. size limitation for accessory
structures in the R1 zoning district. Also, setback requirements have
been met so no variances are required.
The DNR had no problem with this application, nor did our City
Engineer.
The Council felt the 2.0 year old existing structure was grandfathered
in and was existing before the channel.
M/S/P Moe/Graves - to grant a shoreland permit to Oliver Anderson at
8431 Deer Pond Trail to construct a 12' x 20' addition to an existing
accessory structure based on the fact that existing structure was
grandfathered in and there before the channel; with this addition, it
will still be below the 1000 sq.ft. size limitation for accessory
structures in the R1 zoning district; and, the addition meets all
setback requirements and no variances are required. (Motion carried
4-0).
C. Site Plan Review: Northwestern Bell (Co. Rd. 70 & 13B)
At their October 24th meeting, the Planning Commission raised concerns
around the projected growth statements made by the applicant; the
implication of approving this projected growth if this site plan was
recommended for approval; the zoning standards (RR) not being met with
placement of this equipment storage building on this site.
Extracts of minutes were provided indicating two like buildings have
been placed in the community with Council approval of site plans;
Northwestern Bell building in the Old Village by the railroad tracks
and the other, NSP building off Hwy. 36, also an RR zone.
Alma Fitzloff, Asst. Manager -Real Estate, had submitted a set of site
plans for a new 19 x 32 feet (608 sq.ft.) Northwestern Bell telephone
building on County Road No. 70 or Inwood Avenue at a cost of
$70,000-$100,000. Their engineering forecasts show development is
scheduled within the area this telephone building would serve and are
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 1.988 PAGE 4
proposing a land lease between Apostolic Bible Church and Northwestern
Bell Telephone Company for a term of 25 years.
Lake Elmo is presently serviced out of Maplewood. This building will
serve a radius of about 25 miles and provide additional telephone
services. There will be no outside antenna or. dishes. Adjoining
property owners signatures were received from Gina Seipel, 8890 loth
St. N, and Joe Roos of the Apostolic Church acknowledging that Alma
Fitzloff, NWB, had shown them the site plan of the proposed telephone
building on Inwood Avenue and loth Street. Alma had talked to Donald
Olenchak who indicated he had no bad feelings on placement of a
telephone building. Mr. Whirtman was not available for comments.
Councilwoman Armstrong commented this was a commercial building and
would like to see available a small piece of commercial property. The
City of Lake Elmo has slow growth and in the next five years does not
anticipate the City would look any different than today. Another
concern was a land lease with the Apostolic Church, when the Church
has not received Council approval for their application.
Alma responded if the Apostolic Church decides not to build, the land
leases goes with the property. Therefore, whoever purchases the
property the lease will go with it.
Administrator Morrison commented that a possible precedent had been
set by the City with approval of the NWB and NSP buiding and it may be
inappropriate to question zoning for placement of this public utility
building. An alternative to addressing the zoning question would be
to amend our code to incorporate such a building as a permitted use in
all zoning districts or to rezone this site to PF and deem it to be an
incidental and subordinate use to allowed uses. Morrison recommended
this building be deemed a public service facility, and, as such it
would be permitted just as NSP sub -stations, transmission lines, etc.
are currently permitted.
Councilman Johnson suggested we work on our ordinance to permit such
facilities. Before discVssi n cot� ld. e continued, Councilman PIoe called
the question on the motion listed be ow:
M/S/P Graves/Moe - resolve that the City Council hereby approves the
building and site plan of Northwestern Bell to install a remote
terminal building on property generally located at Co. Rd. 10 and
Inwood Avenue; contingent upon the applicant meeting the following
condition-- (Mot'Qn carried 3-1<Armst odng: they were still in discussion
as to how we cou�d work this out and lia nbt come to a conclusion.)
1.. side setback of 25' and front setback of 50' be met;
2. a copy of an executed lease agreement, between Northwestern
Bell and Apostolic Bible Church (owner of the property) be
submitted to the City;
3, the architecture and landscaping requirements, as set by
the ordinance, be adherred to and reviewed and approved by
( City Staff.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 1988 PAGE 5
j D. RESOLUTION NO. 88-49: REVOKING RESOLUTION 87-29
Jim Friedrich
At the August 16, 1988 City Council meeting, the Council directed the
staff to invite Joseph Kaiser to the next meeting in order to get his
input before any Council action is taken. A note has been signed by
Joseph Kaiser stating he understood there was a misunderstanding about
the property ownership and he has no objection to what Jim Friedrich
is now trying to accomplish.
A thorough explanation by staff was covered in the November 1st
Backgound Information. Resolution 88-49 will accomplish 1. revoke the
resolution which combines parcels G and E as one parcel by adopting a
resolution that would show parcels C, G, and E as separate parcels, 2.
Eliminate the private road across parcel. C for access to parcels G and
E, 3. Agree tht the property owned by Mr. Besch can be divided between
the owner of parcel G and Mr. Flicker, acknowledging that this is not
a buildable lot and Mr.. Flicker would be increasing the size of his
existing lot. Mr. Friedrich would then have a driveway easement
across Parcel F to access parcel E.
Councilman Johnson suggested a description of the easement for Parcel
F should be included on the survey map.
M/S/P Johnson/Moe - to adopt Resolution 88-49 amending Resolution
87-29 adopted June 16, 1987 granting a simple lot subdivision to Jim
Friedrich. (Motion carried 4--0).
E. Landscape/Archi_tectual Standards:General Business District
The Planning Commission at their meeting of September 12th arrived at
a general consensus on architectual standards in relation to exterior
wall finishes. At. their October 24th meeting, the Commission
recommended that Council approve the amendments to our current General
Business landscape requirements, as delineated in the Planning
Commission minutes.
The Council discouraged the idea of hiring additional staff to check
how closely the requirements are followed. Now that our Building
Official is a full-time staff person and his workload has not been
increased, the Council suggested that this work could be handled by
the Building Official.
M/S/P Graves/Moe - resolved that the City Attorney and staff are
hereby directed to draft the necessary ordinance for amendment to the
appropriate section of. the Code to incorporate the following: (Motion
carried 4-0)
1. General Business District
a. architectual standards;
b. impervious surface standards;
(" c. landscape requirements;
LAKE EI,MO CITY COUNCIL MINUTES NOVEMBER 1, 1.988 PAGE 6
2. All Zoning Districts
a. Park dedication fee structure will be restructured in all
zoning disticts by resolution, with the requirements
increased to 10% of overall land area or the per unit
charge on residential platting of $450/lot; the option
to be determined by the Council.
9. CITY ADMINISTRATOR'S REPORT:
A. Report -- City Newsletter.
Administrator Morrison submitted a review of the City newsletter
procedures and recommended that we continue to use our current
methodology of distribution until such time as the Council determines
that funds should be expended for the printing and direct mailing of
the Newsletter. Distribution of the newsletter will continue monthly,
but consideration will be given every -other -month.
Councilwoman Armstrong liked the idea of outside contributions such
as: Administrator's Notes, Parks Report and Mayor's Comments.
Christmas Party
The Council Christmas party, thanking all City volunteers, will be
held on Friday, December 9th, at 6:30 p.m. in City Hall.
M/S/P Moe/Graves - to adjourn the City Council meeting at 9:00 p.m.
(Motion carried 4-0).
-----------------
Resolution No. 88-49 amending Resolution 87-29 Jim Friedrich Simp.Lot Sub.
Resolution No. 88-50 granting Final, Plat Approval to Creekside
on DeMontreville
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
NOVEMBER 1, 1988
7:00 p.m. MEETING CONVENES
1. Agenda
2. Minutes: October 18, 1988
3. Claims
4. Public Inquiries
5. REAPP Report
Solid Waste Advisory Committee
6. Presentation & Discussion on Tax Law
J. Scott Renne, Washington Co. Assess.,
and Frank Langer, Lake Elmo Assessor
7. PLANNING/LAND USE/ZONING:
A. Final Plat: Creeksi.de on Demontreville (Crombie)
(formerly F.J. Crombie, 2nd Addition)
B. Shoreland Permit, 8431 Deer Pond Trail N.
Oliver Anderson
C. Site Plan Review: Northwestern Bell
(Co. Rd. 70 & 13B)
D. Resolution No. 88-49: Revoking Resolution 87-29
Jim Friedrich
E. La.ndscape/Architectual Standards:
General Business District
8. CITY ENGINEER'S REPORT:
9. CITY ADMINISTRATOR'S REPORT:
A. Report -- City Newsletter
10. Adjourn
(over)
FUTURE
MEETINGS:
-_-
Oct. 30
7:30
p.m.
Informational Meeting: Regional Park Landfill
Nov. 1
7:00
p.m.
City Council Meeting
7
7:00
p.m.
Parks Commission Meeting
8
7 a.m.-8 p.m..
GENERAL ELECTION
11
HOLIDAY (Veterans Day)
14
7:30
p.m.
Planning Commission Meeting
1.5
7:00
p.m.
City Council Meeting
24/25
HOLIDAY (Thanksgiving)
28
7:30
p.m.
Planning Commission Meeting
C,
CLAIMS TO BE APPROVED AT NOVEMBER 1, 1988 LAKE ELMO COU14CIL MEETING
(all claims .are within budget unless otherwise noted)
90954
Commissioner of Revenue - October State withholding
$ 756.00
90955
90956
and
Compost Workers
56.81
90957
Postmaster - postage meter
400.00
90958
Postmaster - bulk mailing - Landfill booklets (2,075 @
.101C) 209.58
90959
Gov.Training ( Recycling seminar Carlson)
60.00
90960
Hilltop Tools - Dan Hydraulic Spreader tool
151.90
90961
K-Mart - Tires for Jim's truck
153.48
90962
L.M.C.I.T. - Nov. hosp..
1,938.34
90963
Allied Group Ins. - Nov. premium
81.79
90964
Minn. Benefit Assn. - Nov. 'premium
56.00
90965
Merle Eastman - Animal Control Officer - 1/2 Oct.
195.00
90966
Gerald Dahlberg " it "
195.00
90967
Oakwood Animal Hospital - October
273.00
90968
Four Seasons Services - cups-
19.90
90969
Caswell & Assoc - Legal retainer
900.00;
90970
Frank Langer - Assessor monthly payment
1,000.00
90971
US West - Office $ 169.56
Fire 83.02
Maint. 57.29
Park 12.52
322.39
90972
AT & T - Office telephones
66.95
90973
Northern States Power - Office $ 158.08
Fire 149.57
.St. Lights 759.65
Maint. 197.96
Park 130.16
Water 315.91
Sewer 15.20
1,726.53
90974
Business Records Corp, - Election supp ies
16.36
90975
Minn. Conway Fire & Safety - fire dept. supplies
174:50
90976
Uniforms Unlimited - Fire Dept, clothing allowance
13.9.70
90977
Harold's Shoe Repair - Fire dept. supplies
46.00
90978
Clarey's Safety Equip. - Fire dept. supplies
177.50
90979
Road Rescue - Fire Dept, supplies
135.78
90980
Midwest Wire & Steel Products - Maint. Dept, supplies
79.75
90981
Clark Equip. Credit Corp. - Maint. loader payment
1,556.00
90982
Northern Handyman Headquarters - Maint. supplies
106.95
90983
T.A. Schifsky & Sons - Maint. Dept. blacktop mix,
256,84
90984
Capitol Supply Co. - Maint. Dept. supplies
/,6.30
90985
Battery & Tire Warehouse - Maint. Dept. parts & repair
44.27
90986
F.H. Bathke Co. - Maint. Dept, supplies
51.47
90987
Kremer Spring & Alignment - Maint. dept. supplies
32.00
90988
Wash. Cty. Public Works - Sept, road grading
671.91
90989
Leonard, Street & Deinard - Landfill legal (you have
2,306.25
copies of bill) Not in budget
90990
91002
thru
November 4th payroll
9,502.04
Total
$ 23,866.29
CITY OF
LAKE
ELMO City ®Yg Lake Elm® 777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
November 15, 1988
TO: Mayor and Council
FROM: Pat Morrison, City Administrator
RE: Informational Memo
VBWD: We have received a copy of the Barr Engineering report/study of
Downs Lake. Larry Bohrer has a copy for review, after which it will be
submitted to Council with his comments. It may be appropriate at that
time to have Al Dornfeld and Karen Chandler (Barr Eng.) at our Council
meeting. I have requested additional copies from Ms. Chandler, which will
be sent for your review (or, for the review by Council after January
1--whichever you prefer).
I attended the VBWD meeting last Thursday night when they held their
informational meeting for residents. Barr Engineering has presented three
alternatives ranging in cost from $107,700 to $296,700, plus easements.
The VB Board advised those present (about 15-20 people) that determination
to proceed, or drop the project(s), would be up to the Lake Elmo Council.
acember 22, Council Meeting: It is my understanding that this meeting
is normally cancelled by the Council; if you wish to do so this year,
perhaps a motion to that effect should be made. The Planning Commission,
at their meeting of 11/14, determined there would not be a formal Planning
Commission meeting on December 26th.
Christmas Party: Mayor Arlyn Christ and Councilman Chuck Graves are
unavailable for the proposed December 9th party. Therefore, may I suggest
Friday, January 13th, as an alternative?
Public Works: Bob Wier, of our Public Works Dept., has been off from
work because of two crushed vertebra in his back; we are waiting to hear
from him as to what his doctor is recommending.
CITY OF
LAKE
ELMO
October 28, 1988
TO: Mayor and Council
FROM: Pat Morrison, City
RE: Informational Memo
777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
r
Administrator " V
201 Property Tax Payments: As indicated on the attached memo from Bob
Turentine, an error in interpretation was made by his office, in relation
to the City's requirement to pay the 1988 taxes on the property of Lead,
Inc., and Ruths (32nd & Klondike) for a total of $1,621.24. Therefore, we
will be taking the necessary steps to receive the refund. I will also see
if a partial refund can be obtained for payment we made to Ed Gorman
(although this is a somewhat different situation).
Municipal Board --Hearin on Appeal: Although there is a possibility for
a request for continuance by the other attorneys, Steve Carlson has
advised that the Hearing has been set for Tuesday, November 29th, at
10:00 a.m. The appeal will be heard by Judge Maas, in Stillwater.
Our appeal will be based on the decision being "arbitrary and capricious"
and on an "erroneous theory of law", according to Carlson. Apparently,
Judge Mass can make a determination to:
a. overturn the Municipal Board's decision, --OR--
b. agree with the decision, --OR--
C. send the matter back to the Board for further consideration.
Meeting on R.E. Zoning Ordinance: Larry Bohrer, Mike Black and I met on
October 26th, for about 2 1/2 hours, to discuss the residential estates
ordinance. We started the process of review of: current land use,
projected land use, land availability, currentzoning districts and
standards, Comprehensive Plan objectives, soils, tfansportation network,
desirable areas for residential development, etc. Our next meeting is
scheduled for November loth, with a target of a December report to
Council.
Meeting with affected property owners for extension of Brookman waterline-
Larry and I met with Pete Schiltgen and Bruce Folz on October 27th. After
a somewhat lengthy discussion, Mr. Schiltgen advised his initial concerns
were resolved, and further, that at this time he foresees no desire to
develop his property. I contacted Mr. Hagberg by phone after the meeting
to discuss this matter; he did not have any problem or concern with
extension. As John Lengyl, C.A. Gerbitz Co., will probably not be
affected (as he has access to water hook-up now from Lake Elmo Avenue), an
invitation to the meeting was extended, but I did not follow up with a
call.
Therefore, we will proceed with execution of the Development Agreement, as
authorized by Council.
RAUENHORST CARLSON & KNAAK
ATTORNEYS AT LAW
ROSEDALE CORPORATE PLAZA
2665 LONG LAKE ROAD
ROSEVILLE, MINNESOTA 55113
KATHLEEN K. RAUENHORST TELEPHONE:
STEVEN P. CARLSON (612) 631.1080
FREDERIC W. KNAAK `
MELISSA A. MILLER
October 25, 1988
Pat Morrison
City Administrator
City of Lake Elmo
3800 Laverne Avenue North -
Lake Elmo, Minnesota 55042
Re: City of Lake Elmo v. Helen Herzfeld, et al.
Dear Pat:
Enclosed herein please find a revised legal position from the Washington County
Attorney's Office regarding real estate taxes payable in 1988. It appears as
though the City is going to be able to receive a refund on those taxes paid. I
will leave it up to you to contact the County Auditor.
If you have any questions, however, feel free to call.
Sincerely,
RA N OAST CARLSON & KNAAK
Steven P. Carlson
SPC:wjm
Enclosure
RICHARD
�IEY
Richard M. Arney, Washington County Attorney
Washington County Government Center
74900 61$r Street North — P.C. Box 6
Stillwater. MN 55082-0006 Octob
2
Telephone: 1612) 779.5405
Mr. Steven P. Carlson
Radenhorst Carlson & Knaak
2665 Long Lake Road
Roseville, Minnesota 55113
e
r 0, 1988
Re: City of Lake Elmo v. Helen Herzfeld, et al
Dear Mr. Carlson:
CivillSocial Services Division t672) 779.5404
Criminal Division
(612) 775.5d05
I am writing to advise you that I made an error in my August 18, 1988 letter
regarding real estate tax payments. Although value is determined on January 21
use is determined on October 1. For real estate taxes payable in 1987
value would have been determined on January 2, 1986 and the use on October 1,
1986. Since the use on October 1 the
were properly due and owing in 19g71986 was a non—exempt use
result is different since in October ofo1987athes proateperty
taxes s owned
by a98, real estate 8axes
Political subdivision and used for an exempt property was owned as a the
estate taxes payable in the year 1988 P purpose. If the City has paid real
by virtue of the property's October 1487huse witlwas eexempt lfrom ed othe rPayment of
real estate taxes. I have met with the Washington Count since
Assessor and have advised them of this mistake. You can contact the
Auditor/Treasurer's office and the y Auditor, Treasurer and
real estate taxes payable in d th;yifill assist you in obtaining a
apply to the Washington County Assessors Officeu have oforlour done em refund for
office will assist you if necessary. you can
Your tax exemption. This
Please accept my apologies for the erroneous legal interpretation and any
inconvenience this may have caused you.
Very truly yours,
RICHARD M. ARNEY, COUNTY ATTORNEY
WASHINGTONTON CMINNESOTA
Howard R. Turrentine
HRT/sf Assistant County Attorney