HomeMy WebLinkAbout02-07-89 CCMAPPROVE
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 7, 1989
Mayor Dunn called the City Council meeting to order at 7:02 p.m, in the
City Council chambers. Present: Dunn, Hunt, Williams, Graves, Moe
(arrived 7:08 p.m.), City Engineer Bohrer, City Attorney Knaak and City
Administrator Morrison.
1. Agenda
Add: 10B. Annexation
M/S/P Williams/Hunt -• to approve the February 7, 1989.City Council.
agenda as amended. (Motion carried 4-0).
2. Minutes: January 1.7, 1989
These minutes will be included in the February 21, 1989 Council packet.
Minutes: January 24, 1989
M/S/P Williams/Hunt -• to approve the January 24, 1989 Special City
Council minutes as amended. (See Page 3 Reviewing Comp. Plan) (Motion
carried 4-0).
3. Claims
M/S/P Graves/Hunt - to approve the February 7, 1989 Claims #91369 thru
091443 as presented. (Motion carried 4-0).
4. A. Public Inquiry
There were no public inquiries.
B. Presentation Financial Consultants:
Public Financial Systems (Kathy Aho, Pres.)
Kathy Aho, President of Public Financial Systems, introduced
professional staff and gave a brief presentation on their special.ized
expertise and their firm's proposal for working with the City as
Financial Consultants.
5. ReAPP Report
Todd Williams advised the Council of potential conflict of interest with
Attorney Dayton representing firm involved with the Minneapolis Burner.
ReAPP has a concern with him loosing support in the legislature and
could loose some subjective status. ReAPP has three other names of
attorneys in Environmental law, and they will interview attorneys on
Thurs., February 1.6, 1989, at City Hall. and encouraged the Council to
attend. There will be a follow-up with information on alternate
attorneys.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1989 PAGE 2
City Attorney Knaak asked to review the attorney's credentials and
Contract Agreement.
6. Downs Lake Study, (Al Dornfeld/Barr Eng.--Karen Chandler)
The Down's Lake Flood Study, prepared by Barr Engineering for the Valley
Branch Watershed District, was presented by Karen Chandler, Engineer for
Barr Engineering.
Report Summary:
When Down's Lake reaches elevation 891 to 891.6, water begins to flow
west into the Eden park area. Under present conditions, Down's Lake,
Eden Park Pond and Durand's Pond could all. reach elevation 892.9.
Down's Lake will. recede to 891.4 within 10-15 days after beginning to
run out to the south. But Eden Park Pond and Durand's Pond will remain
at this high level for an indeterminate amount of time because they have
no outlet. This high water level would cause damage to the Vogue and
Wilfong homes and five other accessory buildings. Road access will also
be cut off to 34 lots in the Eden Park and Packard Park subdivisions
because of street flooding.
Eden Park Pond and Durand's Pond need an outlet, either to Down's Lake
(if Down's Lake is fitted with an improved outlet) or to Lake Elmo which
has an outlet. Floodproofing of homes, ramifications and cost of the
two options were presented.
Debra Wilfong, 2229 Legion Ave. N, saw no advantage from the system
proposal.
Dave & Ann Bucheck, 2301 Legion Avenue N., were disenchanted with the
proposal. The cost does not advance their position and were opposed to
implementation of the plan. They voiced their concern on future
development aggrevating the solution.
John Townsley asked how many times has the pond outreached its
boundaries to pay this amount of money to rectify a situation which may
not happen.
Tim Mandel, 2479 Lisbon Avenue, felt this would benefit the property
owner of many acres of land not the small landowner.
Bob Schmidt, 2295 Manning Avenue, stated he was probably the oldest
resident in the area and remembers the pond flooding only once in 34
years.
Al Dornfeld, VBWD, explained that no plan was proposed by the Watershed
Dist. This was just a study of the Downs Lake Flooding that was
requested by neighborhood residents from the Eden Park/Downs Lake area
of Lake Elmo.
Mayor Dunn stated the City will stay active with the VBWD to work toward
a solution to benefit the propertyowners.
City Engineer Larry Bohrer handed out his review, dated 2-7-89, on the
Down's Lake Flood Study.
LAKE ELMO CITY COUNCIL MI14UTES FEBRUARY 7, 1989 PAGE 3
Ann Bucbeck presented the City a petition, signed by resdients of Lake
P:lmo, opposing the implementation of the proposals resulting from the
November 1988 Study of Down's Lake Flooding which was prepared for the
Valley Branch Watershed District.
7. PLANNING/LAND USE/ZONING:
A. Continuation of Rezoning RR to R-1 Application,
Packard Park 3rd Addition, Gene Peltier
Bruce Folz advised the Council that in April, 1.988, the Council tabled
the application of Gene Peltier for rezoning approximately 19.2 acres
from Rural Residential to Rl, to allow 1.5 acre minimum single family
residential lots, until the VBWD completed an action plan to control the
water level in the Downs Lake Area.. This rezoning would allow orderly
development of a tract which has R--1 zoned land on three sides and would
provide the extension of 24th Street to Lake Elmo Avenue. Now that the
VBWD has made their report to the Council, the applicant has asked that
this application be removed from the table.
City Engineer Bohrer explained the biggest threat to the Eden ParK
residents is from Down's lake overflowing, not from local drainage The
critical runoff event is the 100-year 10-day snowmel.t which occurs on
frozen groud regardless of the amount of new development in the area.
Bohrer suggested that Downs Lake could be separated by a dike, which
would greatly reduce the problems. -The -arksttrig -pond -meets-the --''' IJ
requi-remernts-af-the-ekty.- It will maintain the status quo of quantity
and drainage. Amended 2-21-89 The existing drainage pond installed for the
Packard Park Dev, meets the requirements of the Cite.
Bohrer explained that the natural soil is of a clay nature that does not
allow water to soak in, it just gets out of the pond by evaporation.
The City does not require it to perculate at a certain rate, but
requires the pond to hold the water.
David Bucheck expressed his concern on the pipe not doing its job if.
Downs Lake overflows.
Since the City does not have an update on the number of R-1. lots that
are left in the City, Bruce Folz stated he has found 15 R1-•lots, the
Building Official was directed to take inventory of R-1 lots, as Council
motion directed from 4-5-88 meeting, and followed up on.
M/S/P Graves/Williams - to postpone the rezoning request by Gene Peltier
for appprox. 1-9.2 acres from Rural Residential. to R-•l until the February
21, 1989 City Council meeting. (Motion carried 5-0).
B. Variances (1) Sideyard Setback
(2) Distance from Street
Shor.eland Permit from 1/17
David Schwarz, 1.0961 32nd St. N.
David Schwarz had contacted the City Staff asking for postponement of
his variance request for one month.
LAKE EL,MO CITY COUNCIL MINUTES FEBRUARY 7, 1989 PAGE 4
M/S/P Graves/Hunt - to postpone shoreland permit and variance request by
David Schwarz until the March 7, 1989 City Council meeting. (Motion
carried 5-0).
C. PUBLIC HEARING: Variances
(1) Setback -Structure from lake
(2) Setback-Drainfiel.d from lake
Shoreland Permit from 1/17
Tom Scheuerman, 3077 Klondike
Mayor Dunn opened up the Public Hearing at 8:48 p.m, in the City Council
chambers. The public hearing notice was duly published and adjacent
property owners were notified. There were no comments from the
audience.
The Tom and Jean Scheuerman residence at 3077 Klondike Avenue was
destroyed by fire. The Scheuermans own Lots 6 and 7, Ruth's First
Addition with a combined lot acreage above the Ordinary High Water Mark
of 2.2 acres, which exceeds the minimum requirement of 1-1/2 acres of a
Recreational Development Lake.
A site plan for the reconstruction had been submitted for the City
Engineer's review. Variances are required for: 1) structure setback
from the OHW of 55 feet where 100 feet is required, and 2.) d.rainfield
setback from the High Flood Mark of 25 feet where 75 feet is required.
The applicants' hardship was the topography of the lots. A high ridge
runs in a north -south direction through this subdivision and creates the
only buildable area on the lots. The house and drainfields are proposed
to be located on this ridge.
A letter was received from Lloyd and Ruth Shervheim, 3065 Klondike
Avenue N, stating they had no objection to the City granting the
requested variances which would enable the Scheuermans to proceed wtih
their reconstruction.
Mayor Dunn closed the public hearing at 8:50 p.m.
The Council made the following motion based on the hardship being the
topography of the lots. There was sufficient room for an alternate
drainfield site, the new house would not increase the non -conformity,
and the DNR had no concern with this application.
M/S/P Graves/Williams - to grant a variance for structure setback from
the Ordinary High Water Mark of 55 feet where 100 feet is required; to
grant a drainfied setback variance from the High Flood Mark of 25 feet
where 75 feet is required; and to grant a Shoreland Permit to Tom
Scheuerman at 3077 Klondike Avenue for the reconstruction of a single
family residential. unit, based on the hardship demonstrated by the
topography of the lots. (Motion carried 5-0).
Mr. Scheuerman advised the Council of the superb job he thought our Fire
Department had done and extended his thanks to the Fire Chief and the
firefighters.
LAKE ELMO CITY COUNCIL, MINUTES FEBRUARY 7, 1989 PAGE 5
D. Shoreland Permit: Fred Schmiesing
_ 4751 Olson Lake Trail
Fred Schmiesing, 4751 Olson .lake Trail, has requested a shoreland permit
for adding a bedroom with a master bath to their home. The proposal
does not require any variances and the addition does not take up land
for an alternate drainfiel.d site. In 1984 the septic system was updated
to accommodate a five bedroom house, at the present time there are three
bedrooms. The DNR had no concern with the proposed addition.
M/S/P Hunt/Graves - to grant a Shoreland Permit to Fred Schmiesing at
4751 Olson Lake Trail for building an addition of a bedroom and bath to
an existing residential. structure, contingent upon applicant following
the building permit process. (Motion carried 5-0).
E. PUBLIC HEARING: Variances
(1) Parking
(2) Impervious Surface Coverage
Site Plan Review
Savanna Designs, 3511 Lake ELmo Avenue
Mayor Dunn opened up the public hearing at 8:53 p.m. in the City Council
chambers. The public hearing notice was published and adjacent property
owners were notified. There were no comments from the audience.
Rob Enes, Chairman of the Planning Commission, advised the Council that
the PZ at their 1/23/89 meeting, recommended the Council accept the site
plan review for proposed alterations to Savanna Designs at 3511 Lake
Elmo Avenue, variances be granted for the impervious surface coverage,
for parking to allow 7 parking spaces instead of the 16 spaces required,
and to allow for gravel coverge in parking area with blacktop driveway;
based on the inappropriate Code requirements in the Old Village Area.
(Motion carried 9-0).
Mayor Dunn closed the public hearing at 8:55 p.m. Amended 2-21-89
much of the commercial
Since our current code standards are not consistent with ar+y development
in the Old Village Area, the Council. encouraged the PZ to come up with a
sensitive plan that would allow existing buildings to be upgraded. Mr.
Hagstrom stated he would like to be a ,part of this committee.
M/S/ Moe/Graves - to grant variances to the number of parking spaces,
amount of impervious surface coverage
M/S/P Hunt/Graves - to amend this motion to include granting these
variances based on the hardship being the current zoning provision for
the Old Village Area does not allow those propertyowners to
upgrade/remodel their existing buildings. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1.989 PAGE 6
Discussion followed as to the number of parking spaces that should be
allowed. The code requires 16 spaces, Mr. Hagstrom requested 7 spaces.
Councilman Hunt clarified his motion was approval for 7 parking spaces.
Councilman Graves preferred the 9 parking spaces because this was a
lesser variance.
M/S/P Williams/Graves - to amend the motion to include approval of 9
Parking spaces. (Motion carried 4-1 Hunt: he believes 7 parking spaces
were adequate).
Discussion on whether the parking lot and driveway should be gravel.
Mr. Hagstrom preferred the PZ recommendation of gravel coverage for the
parking area with a blacktop driveway because this would help the
impervious drainage situation.
M/S/F Hunt/Williams - to amend the motion to include the applicant does
not need to blacktop the parking area until he has to do it. (Motion
failed 0-5 No hardship was demonstrated.)
M/S/P Williams/Hunt - to call. the question. (Motion carried 5-0).
M/S/P Williams/Hunt - to approve the Site Plan Review for proposed
alterations to Savanna Designs at 3511 Lake Elmo Avenue; variances be
granted for the impervious surface coverage, parking to allow 9 parking
spaces, require blacktopping of parking area and driveway, based on the
hardship the General Business Ordinance does not provide for explicit
zoning provision for the Old Village Area to enable propertyowners to
remodel their existing businesses. (Motion carried 5-0).
Councilman Hunt stated if the PZ could set standards for the Old Village
area in a timely manner, Mr. Hagstrom would have the option of asking
Council to approve amending their decision on granting of variances.
M/S/P Williams/Hunt - the City Council urges the Planning Commission to
proceed with revision/amendment to the General Business Ordinance to
provide for explicit zoning provisions for the Old Village Area,
including the reasonableness of creating an historic district for this
area (Motion carried 5-0).
F. Large Lot Subdivision: Washenberger/Ziertman
Robert and Dorothy Ziertman, 10193 60th St., has applied for a Large Lot
Subdivision to create a lot of 11.5 acres for his daughter, Diane
Washenberger to build a house on. This application meets all
requirements for a lot in the Rural Residential Zoning District.
At their 1/23/89 meeting, the PZ recommended approval by the City
Council for a Large Lot Subdivision of 11.5 acres to Robert
Ziertman/Diane Washenberger at Keats and TH36; subject to the applicant
providing a survey wth legal descriptions for the newly created lot and
remaining Ziertman property and the applicant pay a park dedication fee
of $450.00for the newly created lot. (Motion carried 9-0).
LAKE. ELMO CITY COUNCIL MINUTES FE.BRUARY 7, 1989 PAGE 7
M/S/P Williams/Graves - to grant a large lot subdivision to Robert and
Dorothy Ziertman/Dal.e and Diane Washenberger; contingent upon applicant
providing a survey with legal. descriptions for the newly created lot and
remaining Ziertman property; and that applicant pay a park dedication
fee of $450.00 for the newly created lot, and that the staff prepare a
resolution for recording this subdivision with Washington County upon
receipt of survey and park dedication, with resolution being brought to
the Council for formal adoption. (Motion carried 5-0).
Councilman Williams expressed his concern with the staff not following
"the letter of the code" and gave these examples: A survey was not
provided in the Ziertman Large Lot Subdivision application because the
staff had not requested a survey from the applicant. Contours and
Building elevations were not provided with the Schmiesing Shorel.and
Permit application. Williams presented a resolution he had requested the
City Attorney draft, stating City Policy regarding Large Lot
Subdivisions. He suggested this resolution could be changed to require
all of our City ordinances be followed.
Councilman Graves stated that, with past practice, a survey was provided
after the applicant received the Planning Commission's input. Graves
felt this practice was more realistic and responsible to the people of
Lake Elmo.
Mayor Dunn felt this was an economic hardship and she would like to see
past practice continued.
Discussion followed on whether our ordinances should be changed;
therefore, the following motion was made:
MIS/ Graves/Dunn -- to direct the staff and City Administrator to look at
the Large Lot Subdivision and Shoreland Permit Ordinances (without
variances) to determine if these could be handled administratively
M/S/P Hunt/Williams - to amend the motion to include the Planning
Commission needs to be involved and have first review of this
recommendation by the staff:. (Motion carried 5-0).
M/S/P Graves/Dunn - to direct the staff. and City Administrator to look,
at the Large Lot. Subdivision and Shoreland Permit Ordinances (without
variances) to determine if these could be handled administratively; and
to include the Planning Commission having first review of this
recommendation by the staff. (Motion carried 5-0).
Councilman Williams withdrew his resolution.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1.989 PAGE, 8'!
G. Comprehensive Plan/Committee Assignments
j Planning Commission Rec(s); PZ Mtg. Dates
Councilman Williams stated he would like to see the Met Council review
the Comp Plan since they will do this for free and why should a planner
look at it if it has been approved by the Met Council. He clarified
there were two submission of the Comp Plan to the Met Council, first a
person will review it for format and secondly, when it has been "gussied
up" the Met Council will review the Plan.
Councilman Graves would like the Plan to come to the Council before the
Met Council reviews it.
M/S/P Williams/Dunn - to accept the Comprehensive Plan Work Schedule as
recommended by the Planning Commission, but to include the change:
3/13/89 Preliminary Format Review by Met Council staff. (Motion carried
5-0).
The Planning Commission provided their response to the request from the
Council on a proposal to replace one of the two regularly scheduled
monthly meetings with a monthly workshop based on previous input from
commission members.
M/S/P Williams/Hunt - to accept the recommendation by the Planning
Commission from the January 17, 1989 meeting regarding Planning
Commission meetings. (Motion carried 5-0).
Committee assignments and explanations were set b the Plan �iI�n
Commission at their 1/23/89 meeting. The Council Yagq'o ed the omm� tl�.
Assignments and Explanations as recommended by the P7., with Subcommittee
meeting dates and lace to b set b e PZ at their rm me 1 r
Amended 2-21-89: Cpoun� lm n efJr s stayC�� an{ cprnmi�efee cne Z waciitte'� tb
esta is „i was o wi h hI-M.
8. Discussion re: Cimarron
At the January 17tb City Council meeting, APAC, comprised of residents
from Cimarron, asked Council. support for a resolution supporting a bill
which would give manufactured home park residents the first right to
purchase the park. The Council requested the City Attorney review this
resolution and discuss the City's preogatives and authority in relation
to Cimarron.
City Attorney Knaak provided a copy of the statute, Minn. Stat.
#327C.095, which places the municipality where the park is located in
the principal role of enforcer of the rights of homeowners and his
review, dated 2/2/89, on APAC's Legislative Proposal.
Dan Krawczyk, NIiD Cimarron Park Associates, presented a letter
expressing their concern that the bill would take away basic property
rights from mobi.lehome park owners by giving a park's residents the
"right of first refusal" if an Owner decides to sell their park.
Councilman Graves had no problem endorsing this resolution. Councilman
Hunt felt this would not increase the City's liability.
M/S/P Graves/Moe - to approve Resolution No. 89-16 in support of a bill
which would give manufactured home parkresidents the first right to
purchase their park. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1989 PAGE 9
The lack of and size of numbers on many homes in Cimarron was a safety
concern brought up by these residents. The Council suggested the City
Administrator set up and oversee a meeting with the Building Official,
Fire Chief, residents to address the appropriate signing. Dan Kr.awczyk
stated NHD would be happy to meet with this group.
M/S/P Graves/Moe -- to direct the City Administrator to set up and
oversee a meeting with the Building Official, Fire Chief, Dan Krawczyk
and an appropriate representative of the Cimarron residents to address
appropriate, reflective number signing on homes. (Motion carried 5-0).
9. CITY ENGINEER.'S REPORT:
A. Award of Bid-39th Street Construction
Larry Bohrer reported on February 1, 1989,.bids were received for the
39th Street, CSAH 17 to TH5. Bids submitted are tabulated in his letter
dated 2/1/89. It was recommended that the work be awarded to the low
bidder, C.W. Houle, Inc., in the amount of $150,719.70.
M/S/P Graves/Moe - to award the work on 39th Stret, CSAH 17 to TH 5 to
the low bidder, C.W. Houle, Inc., in the amount of $150,719.70. (Motion
carried 5-0).
B. Escrow Release #I; Brockman 3rd Addition
Larry Bohrer reported the Developer's Agreement for the Brockman 3rd
Addition required that the Developer place on deposit with the City a
security deposit to insure that the improvements are completed. The
amount of the deposit is estimated by the City Engineer. The Agreement
also provides that the deposit amount shall be adjusted, up or down, a.t
the time of opening of construction bids to more accurately reflect the
true project cost. Tabulated below is the reviewed project cost in
accordance with the recently opened bids:
Grading $20,000
Storm Sewer, Watermain Looping & Street Improvements $1.50,700
Design, Staking and Inspection $ 42,450
Subtotal
+ 25% per Ordinance
Total Performance Assurance
$213,1.50
$ 53,250
$266,400
The present letter of credit on file with the City is for $347,500.
Bohrer is recommending that based on the bids for the work, the letter
of credit can be reduced to $266,400. The escrow reduction would be as
follows:
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1.989 PAGE 10
Original Escrow Deposit $347,500
Amount of this Release $ 81,100
Remaining Escrow $266,400
M/S/P Williams/Graves - to approve Escrow Reduction #1 for the Brookman
3rd. Addition in the amount of $81,100, with remaining Escrow in the
amount of $266,400. (Motion carried 5-0).
1.0. CITY ATTORNEY'S REPORT:
A. NPDES Permit, Offsite Discharge, Wash. Cty Landfill #1
City Attorney Knaak provided for Council's review, an agreement for an
NPDES Permit for offsite discharge of Sanitary Landfill No. 1. and
license to cross public land or right-of-way with a pipleline or other
public utility; contingent upon the County's compliance with conditions
as outlined in the City's Memo dated Nov. 18, 1988. Dick Johnson will
receive a copy and submit his comments. The City will keep him informed
on this issue.
City Attorney Knaak handed out his pending litigation Report and, if the
Coucil should have any questions, they should contact him.
The Council was asked to add or delete language in the resolution which
was provided for detachment/annexation legislation where they deemed
appropriate.
11. Annual Report from Fire Chief Fran Pott
Fire Chief Fran Pott had prepared the Annual Fire Dept. Report for
Council approval. Chief Pott was not at the meeting, but if the Council
had any questions this matter should be postponed to the 2/21 meeting
which he would attend.
M/S/P Moe/Hunt - resolved that the
the Annual Report, as submitted by
carried 5-0).
Council hereby accepts and approves
Fire Chief Fran Pott. (motion
12. Discussion, Snowmobiles (Councilman Moe) from 1/17
Councilman Moe reported he and City Hall have received a number of
calls, on snowmobile nusiance and asked for stronger code enforcement
by the Washington County Sheriff's Dept.
The Council suggested Councilman Moe advise the snowmobile clubs of the
City's concern and make them aware the City was willing to get the
problem resolved even if it meant closing the North Star Trail in the
City. The Council requested a letter be written to the Sheriff's office
asking for more support with enforcement of our ordinance. This
corresepondence will. be copied to Councilman Moe and Hunt.
13. CITY ADMINISTRATOR'S REPORT:
A. Approval of Financial Consultant and Planning Consultant
Administrator Morrison recommended the Council approve the financial
services contract for 1989 of either Juran & Moody, or Public Financial
Systems.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1989 PAGE 11
M/S/F Graves/Moe - to approve the financial services contract for 1989
with Public Financial Systems (Motion failed 2-3 Williams,Hunt,Dunn)
Councilmen Williams and Hunt explained they had not time to read the
proposal from Public Financial Systems because it was just delivered to
their home. They were impressed by their credentials and would like to
give their proposal due credit. They were aware of the concern of the
staff to get going on Section 32, but did not feel two weeks was an
undue delay and this would give them a chance to call other cities on
references.
M/S/P Williams/Hunt - to postpone consideration of Financial. Consultants
until the February 21, 1989 City Council meeting. (Motion carried 3-2
Graves,Moe)
Councilman Graves expressed that in order to establish any credabil.ity
with these people that have requested detachment, we should be able to
deal with them on a timely fashion with professional services making
recommendations.
City Attorney Knaak added that the sooner the Council acts, the better
off the City would be.
Administrator Morrison suggested a short meeting, lunch or evening, to
select a Financial Consultant in order to receive financial information
to resent the Section 32 propertyowners. Councilman Williams felt
he lack-s ea �Wough time on City work, which has taken time away from
his regular job and family, and he has decided no more extra meetings.
Councilman Hunt did not like lunch meetings, but realized extra time
spent on City issues would be part of his job as Councilman. ReAPP has
scheduled a meeting on Thursday, February 16th, and Councilman Williams
asked if this issue could be discussed before the meeting. Therefore,
the following motion was made:
M/S/P Wil.liams/Hunt - to postpone a decision on selection of Financial
Consultant until February 16, 1989, 6:45 p.m. at City Hall. (Motion
carried 5-0).
City Planner:
Upon the request of Councilman Williams, and with concurrence of Mayor
Dunn, Washington County Planner Dennis O'Donnel was contacted to
determine his interest in submitting a proposal as City Consulting
Planner. Mr. O'Donnel advised on February lst, that due to
reorganization of the Planning Dept., he was unable to perform these
services.
Administrator Morrison recommended the Council approve the contract of
Mike Black or Richard Strong as the City's Planning Consultant for 1989.
The Council could decide as to which applications the Planner will.
review and costs will. be passed thru.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1989 PAGE 12
Councilman Williams did riot think it was appropriate to look at only two
planners. Councilman Hunt felt their motion to interview only two
planners was premature. Councilman Graves was willing to recommend a
planner for the end of 1989 in order to show the Council's willingness
to deal with people with professional consultants.
M/S/P Graves/Moe - to approve hiring of Mike Black as City Planner for
1989 with a contract submitted for Council review. (Motion carried 3-2
Williams: He felt the CC,PZ & staff should be involved in interviewing a
planner and objected to hiring a planner for attending PZ meetings,
Hunt: He would like to have input frRm the PZ on selection of a planner,
and he would like M . BlpLek to worn Section 3� )Amended 2-21-89
at t is time & not ire im as a staff or city p annex,
Administrator Morrison asked the Council to select Council
representative(s), Graves and Hunt, to work with staff and professional
consultants to analyze and recommend a specific plan for Section 32
properties. Councilmen Graves and Hunt expressed their interest in
sitting down with the developers of Section 32.
B. Council direction; Residential Estates Study
The Council, on January 24, 1.989, heard discussion and review from Mike
Black on the recommendations for the proposed Residential Estates
Ordinance. No formal. action was taken.
MIS/ Graves/Moe - resolved that the Residential Estates Study, and
proposed Residential Estates Ordinance is hereby referred to the
Planning Commission for review and recommendation to the City Council at
their regular meeting in March.
M/S/P Williams/Hunt - to amend the motion to include requesting the
Planning Commission submit a written report to the City Administrator by
March 16th, on the proposed Residential Estates Zoning. (Motion carried
5-0).
M/S/P Graves/Moe - resolved that the Residential Estates Study, and
proposed Residential Estates Ordinance is hereby referred to the
Planning Commission for review and recommendations submitted in a
written report to the City Administrator by March 1.6th for the March
21st City Council packet. (Motion carried 5-0).
C. Prosecution Services Contract
The Council, at their meeting of January 3, 1989, approved the firm of
Caswell & Associates, Glen Jacobsen, to serve as the Prosecuting
Attorney for the City. They were requested to draw an amended Contract
reflecting the increase in the monthly retainer. The contract was
provided for Council review.
M/S/P Hunt/Moe - resolved that the Mayor and. City Administrator are
hereby authorized to sign the Contract between the City and Caswell &
Assoc.; contingent upon approval of the Contract by the City Attorney.
(Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1989 PAGE 13
D. Renewal of City's Insurance Package
i
The City's renewal date is February 15, 1.989. A copy of the Summary
Comparisons to last year's rates, as well as an informational letter
from Dave Holmberg, City's agent was provided for Council review.
The Council did not act upon the umbrella option as funds had not been
budgeted for the premium. The Council discussed the idea of requesting
bids on the insurance for next year.
M/S/P Graves/Moe -- resolved that the Council hereby appoves the renewal,
for 1989/90, of the ci.ty's liability insurance through the League of
Minnesota Cities Insurance Trust, (No. Star Risk Services, Inc.) in the
amount of $27,583.00. (Motion carried 5-0).
E. Approval of Recommendations on Computer Needs Study
In the 1989 Budget, $1,000 was set aside for a study to be conducted by
the Voto, Tautges, Redpath firm to analyze computer needs of the City
and $3,000 was budgeted in Admin. & Finance, for Capital Outlay toward
the purchase of computer hardware and software. Rob Tautges presented a
letter outlining his understanding of the services the City is
requesting from his firm in conjunction with evaluation of computer
systems, based on the discussion he had with the finance Director and
City Administrator on January 24, 1989.
M/;/P Graves/Moe - resolved that the Council approves the Contract for
services with Voto, Tautges, Redpath & Co., Ltd., in the amount of-
$1,700.00 to conduct the City's computer needs study as outlined in
their letter of January 30, 1989. (Motion carried 5-0).
F. Proposed Ord, re: Impervious Surface
A proposed ordinance, amending Section 301.070 of the Code, relating to
impervious surface coverage in the General Business District was
provided for Council review.
M/S/P Graves/Moe - resolved that the proposed Ordinance amending Section
301.070, relating to impervious surface standards in the General
Business District is hereby directed to the Planning Commission for
review and recommendation to Council. (Motion carried 5--0).
G. Authorization to Advertise for Permanent Part -Time Employee
The 1989 budget, as approved by Council, incorporated provison for a
permanent part-time clerical position. This position would provide for
the employee to work 1,040 hours per year, at a starting salary (through
1989) of $5.00 per hour and that the employee be granted vacation,
holiday, and sick leave on a pro -rated basis (per code).
M/S/P Graves/Williams - resolved that the Council hereby approves the
permanent part-time clerical position, in accordance with the Position
Description and the Administrator's reommendations, and, further
autliorize the City Administrator advertise for filling of this position.
(Motion carried 5-0).
LAKE FLMO CITY COUNCIL, MINUTES F'EBRUARY 7, 1989 PAGE 14
l_ H. Discussion, U.S. Olympic festival from 1/17
This matter was postponed from the January 17th meeting. Comments have
been received from the Washington County Parks Director.
The City Council requested this matter be referred to the Park
Commission for their comments and recommendations. It may be
appropriate to contact the DNR to receive their input on this issue
also.
M/S/P Graves/Moe - to submit the information on the proposed U.S.
Olympic Festival event on Lake Elmo to the Parks Commission (March 6th
agenda) for their comments and recommendations. (Motion carried 5-0).
I. Discussion, Council Work Session
Mayor Sue Dunn requested Council's input on the viability of starting a
policy whereby the Council. would meet, in open session, prior to regular
Council meetings to discuss the Agenda and matters of concern to the
Council.
Councilman Hunt had no problem with this proposal. Councilman Graves
stated his wife did not come home from work until 6:30 p.m. No decision
was made.
The Council suggested setting an earlier deadline for Council agenda
items in order for the Council packet to get out to them earlier for
more review time.
14. Adjourn
M/S/P Williams/Moe - to adjourn the City Council meeting at 11:50 p.m.
(Motion carried 5-0).
------------------
Resolution No. 89-1S Support a bill which would give manufactured home
park residents the first right to purchase their park
CLALMS TO BE APPROVED AT FEBKW,,Y 7, 1989 TAKE ELM COUNCIL MEETING
(all claims are within budget.tnless otherwise noted)
91369
thru
91371
Park Shelter workers (skating rink)
$ 263.72
91372
Commissioner of Revenue - January State withholding
878.00
91373
Dept. of Natural Resources - annual water,(well) permit
15.00
91374
Commissioner of Revenue - Water Fund annual Sales tax
270.20
91375
Danner, Inc. - 11SA - 47th St, final pmt. (approved 12/6/88}
11,747.62
91376
Employee Benefit Adm. - Workers Camp. annual premium
•12,291.00
91377
Postamster - postage meter
400.00
91378
Postmaster - postage
18.65
91379
League of HN Cities - February hose. premium
1,715.31
91380
Minn. Benefit Assn. - February premitnn
56.00
91381
Allied Group Insurance Trust - Feb. premium
81.79
91382
Merle Eastman - January animal control officer
435.00
91383
Oakwood Animal Hospital - January impound fee
388.00
91384
Caswell & Assoc. - legal retainer
950.00
91385
Rauenhorst, Carlson & Knaak (invoice attached) General $ 1,522.25
Sewer ,. 528.50
2,050.75�
91386
Janes R. Hill, Inc. - Planner Mike Black (invoice attache -
1,216.00
91387
TKDA - engineering (invoice attached) -General $ 1,324.07
_. Pass Thru 2,344.81
Sewer-3,369.16-
MSA 2,556.58 _ -_
9,594.62'
91388
Metro Area Management Assn. - 1989 dues
15.00
01389
Four Seasons Services - coffee & cups - -
18.70
i jj90
Lake Elmo Inn - Council expense - 1988•budget expense
36.88
91\
American Linen Supply - office bldg maintenance
32..47
913
Pinky's Croixland - Office sewer maintenance
148,15
9139
Pitney Bowes - postage meter usage:
76.50
91394\Arrow
B1dg..Center - Oak board for Council table
31.37
91395
American Typewriter - Office supplies _ -
164.08
91396
Lillie Suburban Newspapers - legal publications
51.22
91397
Binder Printing - Bldg Insp. supplies
193.00
91398
AT & T - Office telephones
66.95
91399
US West - Office $ 173.51
Fire 123.12
Maint. 57.95
Park 23:95
378.53
91400
'Northern States Power -Mice $ 231.72
Fire 587.70
Maint. 551.65
Street Lts 701.94
Parks 577.53
Water 376.61
Sewer 17.77
3,044.92
91401
I nn. Conway Fire & Safety - Fire dept. su-p,p=es
243.00
91402
General Safety Equip. Corp. - fire dept supplies
62.10
91403
Streicher's - fire dept supplies
93.95
91404
Clarey's Safety Equip. - fire dept supplies
83.50
91405
Lake Elms Repair - fire dept truck repair
407.51
406
Lake Elmo Hdw Lbr - fire dept. bldg maint.
36.99
�407
Oakland heating - fire dept. furnace repair
190.40
91408
Minn. State Fire Chiefs Assn. - 1989 membership dues
65.00
91409
Washington Cty Chiefs Assn. - 1989 dues
10.00
91410
Lake Elmo Firemen's Relief Assn. - Fire dept bloig maint.
10.49
(over)
FEBRUARY 7th CLAIMS - continued
91411
Jun Sachs - Fire Dept, bldg maint.
$ 10.97
91412
Ryan Roofing Co. - fire hall bldg maint.
570.00 .y
91413
Clark Equipment Credit Corp. - maint, front end loader payment
�31s 1,556.00' '
91414
Thompson Hardware - Maint, dept supplies
°� A 19.79
91415
Paper Calmenson & Co. - Maint, dept. - plow blades
a 1,421.20
91416
J.L. Shiely Co. - Salt/sand
164.78
91417
MB Industrial Supply - Maint. dept. supplies
183.27
91418
University of Minn. - Mike Bouthilet Tree Inspector workshop
30.00
914l9
Pederson -Sells Equip. Co. - Maint. dept. parts & repair
72.71
91420
Truck Utilities - Maint. Dept, parts & repair
72.92
91421
Garelick Steel Co. - Maint. Dept, parts & repair
58.00
91422
Hardware Hank - Maint. Dept. supplies $ 29.99
Fire Dept. 67.03
97.02
91423
lake Elmo Oil - Maint. Dept. $ 1,196.37--
Fire Dept. 47.25
Bldg. Insp. 115.90
1,359.72
91424
Junker Sanitation - Plaint. dept ump� ster
50.00
91425
Blind Custodial Products - Maint. Dept, supplies $ 252.25
Fire Dept. 25.33
277.58
91426
Valley Auto Supply - T4aint, dept parts & repair
37.82
91427
Browning -Ferris Industries - Sunfish Park satellites
60.00
91428
Chapin Publishing Co. - MSA legal publications ----�_
178.20
91429
BioCycle - Subscription - recycling budget
—\36.00
91430
Leonard, Street & Deinard - Landfill legal
55 00
91431
Minn. Pollution Control Agency - Water pond annual permit fee
90.00
91432
thru
91443
February loth payroll
.....9,564,89
Tot';?,
$ 63;798.24
*iirice we do not have time to discuss every point presented, it may seem that
pecisions are preconceived. However, background information is provided for
=che City Council on each agenda item in advance from City Staff and appointed
Jommissions; and decisions are based on this information and past experiences.
Tn addition, some items may also have been discussed at previous Council
,neetings. If you are aware of information that hasn't been discussed, please
hill 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
,nesting.
AGENDA
LAKE ELMO CITY COUNCIL
FEBRUARY 7, 1989
7:00 p.m. MEETING CONVENES
1. Agenda
2. Minutes: January 17, 1989 (See note to Council)
January 24, 1989
3. Claims
4. A. Public Inquiry
B. Presentation Financial Consultants:
Public financial Systems (Kathy Aho, Pres.)
5. ReAPP Report
6. Downs Lake Study, (Al Dornfeld/Barr Eng-Karen Chandler)
7. PLANNING/LAND USE/ZONING:
A. Continuation of Rezoning RR to R-•l Application,
Packard Park 3rd Addition, Gene Peltier
B. variances (1) Sideyard Setback
(2) Distance from Street
Shoreland Permit from 1/17
David Schwarz, 1.0961 32nd St. N.
C. PUBLIC HEARING: Variances
(1) Setback -Structure from lake
(2) Setback-Drainfield from lake
Shoreland Permit from 1/17
Tom Scheuerman, 3077 Klondike
D. Shoreland Permit: Fred Schmiesing
4751 Olson Lake Trail
E. PUBLIC HEARING: Variances
(1) Parking
(2) Impervious Surface Coverage
Site Plan Review
Savanna Designs, 3511 Lake Elmo Avenue
F. Large Lot Subdivision: Washenberger/Ziertman
G. Comprehensive Plan/Committee Assignments
Planning Commission Rec(s); PZ Mtg. Dates
8. Discussion re: Cimarron
9. CITY ENGINEER'S REPORT:
A. Award of Bid-39th Street Construction
A. Escrow Release #1; Brockman 3rd Addition
.----__----__.-..-...---_------._---_-S R E A K-------._-
10. CITY ATTORNEY'S REPORT:
A. NPDES Permit, Offsite Discharge, Wash. Cty Landfill #l.
ll. Annual Report from Fire Chief, Fran Pott
12. Discussion, Snowmobiles (Councilman Moe) from 1/17
13. CITY ADMINISTRATOR'S REPORT:
A. Appoval of Finaxicial Coxsultant and Planning Consultant
B. Council direction; Residential Estates Study
C. Prosecution Services Contract
D. Renewal of City's Insurance Package
E. Approval of Recommendations on Computer Needs Study
F. Proposed Ord. re: Impervious Surface
G. Authorization to Advertise for Permanent
Part -•Time Employee
H. Discussion, U.S. Olympic Festival from 1/17
1. Discussion, Council Work Session
14:. Adjourn
'uture Meetings:
°ebruuary 6 7:00 p.m. Parks Committee Meeting (CANCELLED)
I'ebruary 13 7:30 p.m. Planning Commission Meeting
Vebruary 21 7:00 p.m. City Council Meeting
'ebruary 27 7:30 p.m. Planning Commission Meeting
Waste Management Meeting
;undays REAPP MEETINGS