HomeMy WebLinkAbout05-02-89 CCMCLAIMS TO BE APPROVED AT XA7 2, 1989 LAKE ELMO COUNCIL MEETING
(all claims are within budget unless otherwise noted)
91698
State Treasurer - 1st Quarter building surcharge $
318.50
91699
and Fire Hall $ 19.25
91700
Cleaning - Office 73.15
92.40
91701
Commissioner of Revenue -A-p-r= State withholding
902.00
91702
LMCIT - May Hospitalization insurance premium
1,850.49
91703
Minn. Benefit Assn - May insurance premium
51.00
91704
Allied Group Insurance Trust - May premium
81.79
91705
Gerald Dahlberg - April animal control officer
225.00
91706
Merle Eastman - April animal control officer
195.00
91707
Oakwood Animal Hospital - April animal impounding
121.00
91708
American Linen Supply - Office bldg maint.
32.47
91709
Wash. Cty Tress. - recording resolution
10.00
91710
American Typewriter - Office supplies
262.00
91711
Caswell & Assoc. - monthly legal retainer
950.00
91712
Voto, Tautges - audit -computer consulting (invoice attached)
705.50
91713
AT & T - Office telephone
66.95
91714
.US West - Telephone Office $ 183.47
Fire 54.30
Maint. 58.48
Parks 13.70
309.95
91715
Northern States Power Office $ 154.00
Fire 264.18
Maint. 228.50
Street Lites 703.96
Park 227.64
Water 335.18
Sewer 16.88
1,930.34
91716
Lillie Newspapers - Garage Sale Flyers printe 40.00
it classified ad 10.35
150.35
91717
Star Tribune - Garage Sale classified ad
35.00
91718
Margaret Carlson - Garage sale expense-St.Paul Book
26.95
91719
Minuteman Press- Garage Sale printing
85.98
91720
Mary Kueffner - Garage sale expense Minuteman Press
46.38
91721
Minn. Conway Fire & Safety - Fire Dept. supplies
25.00
91722
Brookman Motor Sales - Fire Dept, truck repair
7.32
91723
Jems Publishing Co. - Fire Dept. subscriptions
67.25
91724.
Jerome Eder expense Fire Dept. clothing expense
5.50
91725
Nat'l Fire Prot. Assn. - Subscription
47.50
91726
General Safety Equip - Fire Dept truck repair
261.00
91727
Lillie Newspaper - Classified ad - Maint. Worker
84.00
91728
Gazette - classified ad - Maint. worker
61.50
91729
Clark Equipment Credit Corp. - loader payment
1,556.00
91730
Jim Hatch Sales - Maint. Depttruck supplies
282.61
91731
DuBois Chemicals - Maint, dept supplies
498.30
91732
American Parts & Service - Maint, dept truck repair
36.73
91733
Wash. Cty Treas. Real Estate taxes - VBWD $ 577.72
Waste Management 189.60
767.32
91734
91745
thru
May 5th payroll
9,690.49
Total A 21,839.57
I
APR 7
OTO, TAUTGES, REDPATH & CO., LTD.
CERTIFIED PUBLIC ACCOUNTANTS
Birch Lake Professional Building • 1310 E. Hwy. 96 • White Bear Lake, MN 55110 • Phone 426-3263
March 31, 1989
V 1rtqI04W
ROBERT I. VOTO, CPA
ROBERT G. TAUTGES, CPA
JAMES S. REDPATH, CPA
D. KENNETH GEORGE, CPA
DAVID J. MOL, CPA
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
For professional services rendered:
Progress billing on computer acquisition consulting per engagement letter dated January 30, 1989.
PARTNER:
Robert G. Tautges 4-1/4 Hours @ $74.00 $ 314.50
SENIOR:
David C. Palma 8-1/2 Hours @ $46.00 391.00
TOTAL BILLING $ 705.50
I hereby certify that the above claim is just and correct and that no part of it
has been previously paid.
0
obert G. Tautges, Vice PresidebZ
MEMBERS OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS • PRIVATE COMPANIES PRACTICE SECTION
MINNESOTA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
GOVERNMENT FINANCE OFFICERS ASSOCIATION • MINNESOTA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS
Since we do not have time to discuss every point presented, it may seem
that decisions are preconceived. However, background information is
j 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
May 2, 1989
7:00 MEETING CONVENES
1. AGENDA
2. MINUTES: April 18, 1989
3. CLAIMS
4. PUBLIC INQUIRIES
5. DISCUSSION: Concept Development by Heritage Development
Dennis Johnston
6. REAPP REPORT
7. PLANNING/LAND USE/ZONING:
A. Petition: Concurrent Detachment/Annexation
(Sunburrow Subdivision)
B. Large Lot Subdivision; Apostolic Bible Church
C. Large Lot Subdivision; Robert Ziertman
D. State Bank of Lake Elmo
(1) Site Plan Review
(2) Public Hearing: Variance for Parking Stalls
E. PUBLIC BEARING: Variance for Setback
John & Connie Lengyel, 2445 Lisbon Avenue
F. Shoreland Permit: Merle Olson, 10472 Stillwater Lane
G. Planning Commission Recommendation: Future R-1
( Zoning Districts
(1) Rezoning:Packard Park 3rd Addition
(2) General Concept Plan, The Forest. (Morton/Engstrom)
B. PARKS COMMITTEE RECOMMENDATION: Olympic Festival
9. DISCUSSION: White Hat. Fill Permit (Ed Gorman to be present)
----------------B R E A K -------------------------------
10. CITY ENGINEER'S REPORT:
A. Partial Payment #1: C.W. Houle, 39th Street
B. Partial Payment #2: Dresel Contracting, 43rd & Kimbro
C. Preview of Feasibility Studies
(1) 15th St.
(2) 20th St.
(3) Layton Avenue and 36th St.
(4) 38th & 39t.h Streets
11. CITY ATTORNEY'S REPORT:
A. Legal Opinion --Well Advisory Area Development
B. Review; DPRA Eng. Contract
C. Proposed Agreement:VBWD & City of Lake Elmo
re: Maintenance
12. CITY ADMINISTRATOR'S REPORT:
A. Recommendation: Public Works Permanent Part -Time Emp.
B. Proposed Ord: Roberts Rules of. Order
C. Proposed Ord: Roles of Mayor/Council
D. Proposed Ord: Solid Waste
E. Joint Powers Agreement with Pine Springs -Recycling
F. Recycling Recommendation
G. Appointment of Representative to Airport
Advisory Committee
H. Disc: Section 32 Status Report
1. Disc: Comp Plan Update --Set: Workshop Mtg.
J. Request for Purchase of Recorder/Transcriber
and Appurtenances
13. ADJOURN
- ,"�• '�ft;�d`'::.ti-fir•
APPROVED
P.
LAKE ELMO CITY COUNCIL MINUTES
MAY 2, 1989
Mayor Dunn called the City Council meeting to order at 7:00 p.m. in
the City Council chambers. Present: Dunn, Williams, Graves, Moe, City
Engineer Bohrer, City Attorney Carlson and City Administrator
Morrison. Absent: Hunt
I. AGENDA
Add: 10D. Direction for the Close -Out of the 201 Grant, 10E.
Consideration of Easement Payment for 43rd Street and Kimbro Avenue.
Delete: 7B. Large Lot Subdivision: Apostolic Bible Church
M/S/P Graves/Moe - to approve the May 2, 1989 City Council agenda as
amended. (Motion carried 4-0).
2. MINUTES: April 18, 1989
M/S/P Graves/Williams - to approve the April 18, 1989 City Council
minutes as amended. (Motion carried 4-0).
3. CLAIMS
M/S/P Williams/Graves - to approve the May 2, 1989 Claims #91698 thru
#91745 as presented. (Motion carried 4-0).
4. PUBLIC INQUIRIES:
There were no public inquiries.
5, DISCUSSION: Concept Development by Heritage Development:
Dennis Johnston
Dennis Johnston, Heritage Development, presented a Residential Estates
concept plan for a development called "Fox Run" on 239 acres owned by
Dayton Hudson. The total number of lots is 66 with a minimum lot size
of 2.5 acres. Additional features would include 28' wide curved
streets, 3 temporary cul-de-sacs, entrance monuments, and restrictive
covenants.
Their plans are to subdivide this in four phases, with the first phase
occuring west to east with the lots around the lake sold last. The
timetable for building to start would be in July with a model home
built by September for the Parade of Homes. Builders have not been
selected, but they will be upper bracket homes.
Johnston felt that 2 1/2 acre lot is more of an increment that lends
itself to development. Example given was their development in Elk
River where they have not experienced any cost problem for public
improvements and had much success with demand for high priced homes.
6. REAPP REPORT
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 2
Todd Williams and Dick Acree met wth DPRA and worked out a contract
and fee schedule. In order to speed things along, and with the EIS
proceeding, Todd proposed the Council give the Mayor authority to sign
the contract pending approval by the City Attorney and Attorney Chuck
Dayton. (Todd estimated one hour for Dayton to review this contract.)
The Council asked to have an opportunity to review the contract and
will be prepared to vote on it when the City Administrator calls them
on Friday afternoon. If either the City Attorney or Attorney Dayton
has a problem with the contract, it will come back to the City Council
on May 16, 1989.
M/S/P Graves/Dunn - to postpone action on the contract for technical
services between the City of Lake Elmo and DPRA, and for the Council
to be prepared to have a telephone vote on Friday, with the vote being
contingent on acceptance by the City Attorney annd Attorney Chuck
Dayton. (Motion carried 4-0).
Attorney Dayton will be asked to draft a proposal for a plan of
approaches, when he would propose to take what action, and offer
several different courses of action and what he thought would be the
most appropriate or have the highest probability of success. Todd
Williams will get a cost estimate for this strategy session from
Dayton and report back at the next meeting.
7. PLANNING/LAND USE/ZONING:
A. Petition: Concurrent Detachment/Annexation (Sunburrow
Subdivision)
The Planning Commission, at their meeting of April 24th, recommended
by an 8 to 1 voted for Council consideration and passage of the
Resolution officially accepting the petition from Sunburrow residents
and certain residents.along Olson Lake Trail, in Oakdale for
annexation to Lake Elmo.
Memos from Fire Chief Fran Pott and Capt. Greene were presented to the
Council addressing the minimal impact on services with annexation of
the properties.
Councilman Williams asked the City Attorney if the strength of our
earlier resolution opposing annexation would be compromised if we
accept this application. The City Attorney responded this is not a
dispute that the City is involved with. This is dealing with a
neighbor saying we think our situation fits in more with Lake Elmo
and, if in fact you would do this, is it something that would be
acceptable.
Councilman Graves would feel more comfortable if there was such
wording as the City of Lake Elmo does not support or recommend this
approach, but would not object to the annexation of the parcel.
Attorney Carlson stated the City is an uninterested party in this
dispute to the extent that, if in fact, the petition is challenged at
this Hearing the City is not a party to that. Graves then asked if he
understood correctly, that the city would not incur any legal expenses
as an advocate in this process and the City was not required to
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989
PAGE 3
demonstrate a benefit. Attorney Carlson agreed, these requirements
are falling upon the Sunburrow residents. If the
annexation/detachment proceeds, the Municipal Board will make the
determination on whether this is in the best interest of the City of
Lake Elmo.
The Council reviewed the Resolution and deleted the 8th WHEREAS on the
first page and on the second page, 5th paragraph replaced the wording
with: Further, the City of Lake Elmo does not support the use of joint
annexation/detachments as a means of resolving land use issues.
M/S/P Graves/Dunn -• resolved that Resolution No. 89-29, is hereby
approved as amended by the Planning Commission and City Council.
(Motion carried 4-0).
On the very west end of the circle there is a gravel road. that goes to
the west and it crosses the subdivision line there is a house outside
of Sunburrow. City Engineer Larry Bohrer asked Mr. Garofalo from
Sunburrow if this house is to remain in Oakdale if this petition would
be granted. Garofalo answered this ,property belongs to the Olsons who
are the people that sold the south forty acres to Olson Lake Estates.
His understanding was that this would be absorbed into the 40 acres
when it is developed. The gravel road does provide access to the
house. Bohrer asked if he knew if that driveway had any significance
other than a driveway. Garofalo did not know, for a fact, but his
understanding was this was an access that was dedicated at the time
the street was dedicated. to access the property west of Sunburrow.
Bohrer stated the road right-of-way touches the plat land and may
transmit some rights if the property'that is proposed to remain in
Oakdale to connect to that.
Bohrer stated one of the reasons the Sunburrow residents are
petitioning is to avoid. that connection. He stated research would
have to be done to find out what right one city may have to access
another city's streets. The Council asked Larry to follow-up on this.
B. Large Lot Subdivision; Apostolic Bible Church
Apostolic Bible Church requested postponement of their application.
C. Large Lot Subdivision; Robert Ziertman
Mr. & Mrs. Robert Ziertman, and Steve Ziertman have requested a
subdivision of a 10.1 acre lot on Keats Avenue. The lot is properly
zoned Rural Residential and requires no variances. The applicant has
not yet provided a certificate of survey, as required by code, but it
is in the process of being prepared and will show the subdivision the
Council granted earlier this year. The staff has begun preparation of
an ordinance amendment that would not require that a survey be
provided until after approval by Council.
M/S/P Williams/Graves - to instruct the staff to prepare a resolution
granting a large lot subdivision to Robert and Dorothy Ziertman and
Steve Ziertman based on the following findings of fact: (1) The
property is properly zoned for 10 acre lot; (2) There are no variances
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 4
required in granting this subdivision; (3) The Washington County Soils
Survey lists the soils as suitable for septic system purposes; (4) The
lot width exceeds the minimum 300 feet required by the code and the
ratio of length to width is less than the 4:1 maximum required by
Code. Further, proposed subdivision be approved and resolution
prepared by City Staff or submission to Council with the following
conditions: (1) The applicant provide a certificate of survey showing
a 33 foot right-of-way for Keats Avenue and showing final lot lines,
and. (2) The applicant pay a park dedication of $450 for the newly
created lot. (Motion carried 4-0).
D. State Bank of Lake Elmo
(1) Site Plan Review
John Culligan, Project Manager, stated his firm of Boarman Associates
have been working on the plan for the Lake Elmo Bank since August. A
sketch was provided showing the site is developed to be accessed off
of 39th Street for both main parking areas and the 5-lane Drive Thru.
The main entrance to the site is thru the parking lot into the bank,
occurring appox. 160' from the intersection, with parking available
for 40 stalls. A secondary parking lot is provided primarily for
employee parking which has 23 stalls. In addition to this the Drive
Thru area would accommodate approx. 36 cars stacked up within 6 lanes.
Basically, they could accommodate 106 parking stalls.
The building is made up of nature products, basically brick with a
series of layer of rock base block and bands of brick on every other
course. A pyramidal sky light is planned for the main entrance of the
bank to provide natural lighting. The site lighting is an energy
efficient 400 watt shoebox light fixtures on light poles that are 25'
high. They are proposing an illuminated pedestal sign approx. 8'
high, 12' wide, and 10' above grade to the bottom of the sign at the
corner of 39th and Stillwater highway.
According to their calculations it appears the bank will be at 42%
impervious surface which is under the City's requirement of 45%
maximum impervious surface requirement. The septic system has been
designed and there is sufficient room for a primary and an alternate
drainfield. A landscape plan was provided which the applicant felt
went beyond what the city required.
Groundbreaking is planned for June 12th with 9-10 months anticipated
for construction of the building.
(2) variance for Parking Stalls
When the Council reviewed the site plan for the bank, they determined
the site plan provided for 75 permanent parking stall spots and 31
temporary parking spots in the Drive Up teller lanes. This would make
a total of 106 parking stalls which exceed the 100 stalls required by
the ordinance. Therefore, the Council determined a variance is not
required for the number of parking spaces.
M/S/P Graves/Dunn - to grant site plan review approval to the State
Bank of Lake Elmo based on the following findings of fact: (1) The
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1.989 PAGE 5
bank is under the 45% maximum impervious surface requirement in the
General Business Zoning District; (2) Based on the calculations made
by the City Engineer, it appears the size designated for the
drainfield will have sufficient area for the primary drainfield and
the alternate drainfield area; (3) The building and parking lots met
all the setback requirements. Furthermore, upon review of the site
plan by the City Council, the Council has determined that the site
plan provides for 75 permanent parking stall spots and 31 temporary
parking spots in the Drive Up teller lanes. The total of 106 parking
stalls exceeds the 100 stalls required by the ordinance; therefore;
the Council has determined that a variance for the number of parking
spaces is not required. (Motion carried 4-0).
E. PUBLIC HEARING: Variance for. Setback:
John & Connie Lengyel, 2445 Lisbon Avenue
Mayor Dunn opened up the public hearing at 8:30 p.m. in the City
Council chambers.
Connie Lengyel has requested variances of 60' to the required 200'
structure setback from the Normal High Water Mark on Downs Lake (a
lake defined as a Natural Environmental Lake) with the hardship being
there does not appear to be another place on the property on which the
pool could be placed.
The site map presented by the applicant did not indicate the location
of the drainfield. Ms. Lengyel left the meeting to go home and get
another map.
M/S/P Williams/Graves - to postpone this application until the map is
submitted by Connie Lengyel. (Motion carried 4-0).
M/S/P Williams/Graves - to bring back for reconsideration the
application by Connie Lengyel. (Motion carried 4-0).
The Council reviewed the maps Ms. Lengyel provided and determined an
alternate drainfield site could be provided. Bohrer agreed that there
was another drainfield site, exclusively without perc tests. Building
Official Jim McNamara will verify the placement of the septic system
tomorrow morning.
There was no one to speak for or against the application.
Mayor Dunn closed the public hearing at 8:20 p.m.
Councilman Williams asked the staff to be more diligent when in requiring;
segu®sti.ng-theanpplica.nt,provide a site plan that does meet our
ordinance.
to
M/S/P Graves/Moe - to grant a shoreland permit and variance to John
and Connie Lengyel, 2445 Lisbon Avenue based on the hardship being no
other place on the property to put the pool where it could meet the
200 foot setback, and based on the applicant complying with
recommendations of the City Engineer and the DNR. (Motion carried
4-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 6
( F. Shoreland Permit: Merle Olson, 10472 Stillwater Lane
Merle and Fonda Olson at 10472 Stillwater Lane have requested a
shoreland permit to allow the construction of an inground pool. The
DNR has responded that they have no problem with this request as there
are no variances requested.
M/S/P Graves/Dunn - to grant a Shoreland Permit to Merle and Fonda
Olson at 10472 Stillwater Lane based on no variances being needed, and
based on the applicant's conforming to any and all recommendations of
the City Engineer. (Motion carried 4-0).
G. Planning Commission Recommendation: Future R-1 Zoning
Districts
(1) Rezoning: Packard Park 3rd Addition
(2) General Concept Plan, The Forest (Morton/Engstrom)
The Planning Commission at their April 24th meeting recommended
Council approval of Packard Park 3rd Addition, The Forest, Section 32
and part of Section 33 as future R-1 zoning areas.
Mayor Dunn stated the Council was actively working on the Future Land
Use Map and had a good workshop meeting on Thursday. The Council will
work in a positive manner to consider what is best for the entire
community. She supported both Packard. Park 3rd Addition and the
general concept plan and will continue to work on the zoning needed
for these parcels.
Councilman Graveso—n+ot- make any commitments to the fact they will
ultimately rezone The Forest because of the limitations of the Comp
Plan right now. We are looking at eliminating the current
restrictions on areas that would be rezoned R1 and RE. Graves felt
that Packard Park 3rd Addn, is consistent with our comp ,plan. This
was recognized that way when we considered both the 1st and 2nd
addition.
M/S_/ Moe/-eTr&v�- to recommend rezoning of Packard Park 3rd Addition
from RR to R1
Councilman Williams -stated, as he has in the past, that our existing
comp plan does not show either of these areas as R1 zoning. He would
vote against these two proposals because they are in conflict with the
comp plan.
Administrator Morrison explained that the concept plan for The Forest
is being presented in the first stage of the PRD ordinances. The next
stage is the development stage where you would discuss the rezoning
process. At that point, once the Council has approved a rezoning it
would be like a comp plan amendment stating this is an R1 area. If
you approve the rezoning of Packard Park 3rd Addn., you would be
saying this is an R1 area, and they would proceed with the platting
procedure. If the Council approves a rezoning at the concept stage,
the process has been set forth, and it would be very difficult to deny
a rezoning without being subject to some liability.
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 7
The concept plan of The Forest needs a simple majority of the Council,
therefore, Mayor Dunn made the following motion:
M/No Second/ Dunn/ - resolved that the concept plan of The Forest is
hereby approved in accordance with the recommendations of the Planning
Commission
Without an agreement on RE on where it should go in the City,
Councilman Williams stated we should not approve the concept of The
Forest. He was willing to approve a Future Land Use Map, right now,
that shows where RE should go and leaving the southern most quarter of
a mile strip along I-94 unchanged from what it is now with the
understanding that when the Washington County Task Force comes thru
with their recommendations that we would, at that time, reconsider
that strip and make appropriate changes.
When Bruce Folz was asked if he would like this postponed until the
next Council meeting, Folz responded it might as well be postponed
until there is a full council because rezoning requires a 4/5th vote.
M/S/P Moe/Williams - to postpone further consideration of rezoning
Packard Park 3rd Addition and the concept plan The Forest until we
have a full Council at the next Council meeting. (Motion carried 3-1
Dunn: We have two good proposals before us that should have been taken
care of tonight. She would like to see the Council work together for
the good of the community)
A workshop on the Future Land Use Map will be held by the Council
after the Board of Review on May 4th.
8. PARKS COMMITTEE RECOMMENDATION: Olympic Festival
M/S/P Williams/Graves - to reconsider the request by the Olympic
Festival Committee for use of Lake Elmo. (Motion carried 4-0).
Nancy Hansen, Chair., of the Parks Committee, responded in writing to
the concerns/questions set forth by Councilman Williams. Williams
stated he was satisfied that the intent was there to control the
traffic and litter, but he wanted to add the request, the Olympic
Festival Committee was to provide funding for a police officer to be
on duty during the events to monitor no parking, no amount of litter
and no trespassing on private property. His concern were for the
citizens that live on other shores of the lake.
The Mayor and some Councilmembers felt the sub -committee composed of
citizens, members of the Parks Commission and Washington County Parks
and Sheriff's Dept, and the Olympic Festival, were aware of these
concerns and had the expertise to address them. Councilman Moe
suggested installing "no parking" signs on the lake side.
M/S/P Graves/Moe - resolved that the Lake Elmo City Council hereby
approves and endorses the use of Lake Elmo lake for canoe/kayak and
rowing events in connection with the 1990 U.S. Olympic Festival, and
further that the Lake Elmo Parks Commission and Administrator are
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 8
hereby authorized to work with the Washington County Parks Department,
affected property owners and U.S. Olympic Festival Committee
representatives to work out details for a successful U.S. Olympic
Festival event and request that the Olympic Festival Committee and
Washington County look into providing additional traffic control
enforcement during this period of time. (Motion carried 4-0).
9. DISCUSSION: White Hat Fill Permit
At the last City Council meeting, the Council voted to direct the
staff and the City Attorney to notify Ed Gorman to suspend all fill
operations until his site plan is considered and approved by the City
Council.
Ed Gorman advised the Council of his recollection of the Sept. 20,
1988 City Council meeting. He first requested 30,000 cu.yds of fill,
but City Engineer Larry Bohrer felt this would be too much fill. Ed
explained he needed an area 250' by 8' deep which Bohrer calculated
out to be 20,000 cu.yds. of fill. His interpretation of this meeting
was the Council granted him a fill permit for 20,000 cu.yds. of fill.
with further review in the spring, and that granting this permit did
not give approval to add buildings and there should be no rerouting of
drainage. He referred to the letter he received from Administrator
Morrison with a copy of the draft motion.
Mr. Gorman brought up the City Engineer had noted that the fill did
not affect the drainage and Ed believes the 20,000 cu.yds. will not
interfere with the drainage. He added, what causes the water to run
towards that area is the 1 1/2 acre that the City took from him and
the elevation had been raised. It goes from the Schiltgen field to
downtown and drops almost 8' in some areas.
Councilman Williams asked Mr. Gorman what was preventing him from
spreading some of the dirt right now. Mr. Gorman answered;'his
drainfield, and the further he spreads the fill, it will be
approaching out into the property, then you could have erosion:' If
you cannot spread any more of the dirt, Williams asked, how can you
bring in more dirt. Gorman responded the permit was for stockpiling,
it is not to be spread. When asked where his drainfield would
eventually wind up, Gorman answered, it would go into the area toward
the Lohman house, not into the fill area, but he cannot do this now
because of the legal situation he is in with the City and he cannot
get financing.
Councilman Graves asked Gorman if he could bring in a concept plan in
order to initiate the process. Graves addressed the sensitivity that
has been generated on the part of the City Council because of other
experiences where additional fill was permitted to be brought in
elsewhere within the community. Gorman answered this would mean
getting his architect back on the payroll, and he was not prepared to
give them an answer because this all relies on the lawsuit with the
City. Graves commented that Ed could explain his plan better than an
architect and asked him, if the concept plan that he previously
brought into the City had not changed significantly, to bring it
before the PZ. Ed responded, "he wanted to go back to the PZ, but
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 9
felt PZ member, Steve DeLapp evidently had something against bakeries,
because Steve allegedly dropped off an article from the New York Times
at his East St. Paul restaurant on how bakeries cause cancer in
children".
The Council asked the City Attorney if he felt the City Council was
justified in the action they took at the last Council meeting of
suspending the fill permit, considering the nature of the permit
granted Ed Gorman last Sept. 20, 1988 and supply his opinion in
writing which will be included in the Council packet for the May 16th
Council meeting.
10. CITY ENGINEER'S REPORT:
A. Partial Payment #1: C.W. Houle, 39th Street
City Engineer Bohrer reported that C. W. Houle met all the
requirements and recommended this Partial Payment request be approved
for passing onto the developer for payment in accordance with the
developer's agreement.
M/S/ Graves/Dunn - resolved that the City Council authorize Partial
Payment #1, in the amount of $60,489.92 to C. W. Houle, Inc. for
contracted work for 39th Street Improvements
M/S/P Williams/Graves - to amend motion to include passing onto the
developer for payment in accordance with the developer's agreement.
(Motion carried, 4-0).
M/S/P Graves/Dunn - resolved that the City Council authorize Partial
Payment #1, in the amount of $60,489.82 to C. W. Houle, Inc. for
contracted work for 39th Street Improvements be approved for passing
onto the developer for payment in accordance with the developer's
agreement. (Motion carried 4-0).
B. Partial Payment #1: Dresel. Contracting, 43rd St. & Kimbro
Avenue
City Engineer Larry Bohrer reported the improvements on 43rd and
Kimbro Are. funded by the majority of Municipal State Aid construction
funds and assessments, so it is a non -budgeted expenditure. Bohrer
recommended approval of Partial Payment #1, in the amount of $8,395.62
to Dresel Contracting.
M/S/P Graves/Moe - resolved that the City Council authorize Partial
Payment #1, in the amount of $8,395.62 to Dresel Contracting for
contracted work on 43rd Street and Kimbro Avenue. (Motion carried
4-0).
C. Preview of Feasibility Studies
(1) 15th Street
City Engineer Larry Bohrer presented his feasibility report for
reconstruction 15th Street North between Inwood Avenue (CSAH 13) and
the Oakdale City Limits. l5th Street North is a municipal state aid
route and is eligible for construction, engineering and right-of-way
LAKE. ELMO CITY COUNCIL MINUTES MAY 2, 1989
PAGE 10
funds. Bohrer added that Oakdale's
portion of 15th Street is on the state aid system, but they have
higher priorities on other streets so there are no plans for road
improvements in the near future.
Bohrer explained what the Council had done in the past on methods of
assessment. The Council has considered the maximum number of lots that
the properties could be dividied into under present zoning. The
theory for the method of assessment, as being on a per lot basis, is
that everyone benefits to the same extent by having an improved road
that you can gain access with. The other method that was considered
before was the front foot method.
The Council agreed to the following assessment roll:
Parcel No.
Owner
No. of Possible Lots
2700
Armstrong
2
2600
Armstrong
1
2610
Armstrong
1
2655
Pierre
1
2645
Olson
1
2640
Bodey
1
7 Lots
M/S/P Moe/Graves - to adopt Resolution 89-24 A Resolution Receiving
Report and Calling a Hearing on Improvement for 15th Street from
Inwood Avenue to West City Limits. (Motion carried 4-0)
(2) 20th Street
Larry Bohrer presented, his feasibility report on an overlay for 20th
Street North from CSAH 17 to Manning Trail. 20th Street North is an
MSA route and is eligible for maintenance funds to offset the total
cost of the project.
Discussion followed on how the City should differentiate the method of
assessments for improvement to commercial property versus residential
lots. The Council felt they needed better definitions and should look
at the actual use. Becasue the City has such a wide variety of lot
sizes, the City Administrator and City Engineer will look at a general
policy for road widths and assessments.
M/S/P Graves/Williams - to adopt Resolution 89-25; A Resolution
Receiving Report and Calling Hearing on Improvement for 20th Street
from Lake Elmo Avenue to Manning Trail. (Motion carried 4-0).
(3) Layton Avenue and 36th St.
Larry Bohrer presented his feasibilty report for Layton Avenue, from
T.H. 5 to 36th Street N. The drainage outlet for Layton Avenue is the
ditch east of the VFW Ball Field that runs through Peter Schiltgen's
property and over the years this ditch has been partially filled in so
that it no longer serves its purpose. This ditch needs to be cleaned
and. loweredso that water can be drained away from Layton Avenue.
Without this ditching work, Bohrer felt the reconstruction of Layton
LAKE. ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 11
Avenue should be postponed since the subgrade strength and drainage
problems will continue.
The Council discussed the varying uses (GB, PF, Ind., Resid) on this
street and what assessment method should be used with guidelines set
for subtantiating benefit. Councilman Graves pointed out that the
traffic to the VFW does not come off of Layton, but off of Highway 5,
and he would not be in support of this project with an assessment
charge to the VFW of $18,000.
The Council asked the City Engineer to explore alternatives for a
program of this nature and resolution of the drainage issue with Peter
Schiltgen and report back to the Council. In the meantime, crushed
rock will be used for street repair.
(4) 38th & 39th Streets
Larry Bohrer presented his feasibility report for 38th and 39th
Streets North in Bord,ner's Gardner Farmettes for a patch and overlay
project. The Council requested the City Engineer present proposed
assessments for this project on a front foot basis, unit method (per
lot basis) and combination method (front foot and unit) for the May
16th Public Hearing.
M/S/P Graves/Moe - to adopt Resolution 89-26, A Resolution Receiving
Report and Calling Hearing on Improvement for 38th Street, 39th Street
and Innsdale Avenue, East of Ideal Avenue. (Motion carried 4-0).
11. CITY ATTORNEY'S REPORT:
A. Legal Opinion --Well Advisory Area Development
In his letter of March 20, 1.988, Attorney Steve Carlson provided his
opinion on the legalities of preventing any further development within
the well advisory area. Councilman Graves and Williams voiced their
concern on the health, safety and welfare of the people that might
build there and what the city's liability would be for allowing
development in this area. The Council directed the City Attorney to
draft disclaimer terminology for every building permit that is issued
in the Well Advisory Area.
B. Reviews DPRA Eng. Contract
The City Attorney had no concerns with the proposed contract.
C. Proposed Agreement: VBWD & City of Lake Elmo re: Maintenance
The City Administrator will forward information to the City Attorney
to draft an Agreement between VBWD and the City relative to any
possible liability for the VBWD to use our Public Works employees for
minor maintenance work on the VBWD system within the City of Lake
Elmo.
D. Direction for the Close -Out of the 201 Grant
( Larry Bohrer reported that the grant period expired 1-31-" and costs
incurred after this date are not grant eligible even though the
process started before this date. Bohrer pointed out the court date
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1.989 PAGE 12
for the Ed Gorman condemnation, had been postponed until Sept. 11,
1989 The City Council directed the City Engineer to ask the MPCA to
furnish the specific rule for extension of the budget period. Bohrer
felt if there is no rule that prohibits this, then it is open for
discussion. Bohrer will also ask the MPCA if they would be willing to
pay the cost if the City were able to make an offer.
The City Attorney will look into the terms and conditions of the
contract and will contact Ed Gorman about a possible settlement.
E. Consideration of Easement Payment 43rd Street and Kimbro
Avenue
Larry Bohrer reported they had to acquire a triangle piece of
property, 0.600 of an acre, from Ray Krueger and offered him $500,
which is reimbursable from state aid, for this piece of property and a
25" wide oak tree.
M/S/P Williams/Graves - to authorize an easement payment of $500 to
Ray Krueger for 0.600 of an acre and an oak tree. (Motion carried
4-0).
Bohrer reported he will have a figure for an easement on the Bob Wier
property at the next Council meeting.
12. CITY ADMINISTRATOR'S REPORT:
A. Recommendation: Public Works Permanent Part -Time Employee
The City received 12 applications for this position. The City
Administrator, Mike Bouthilet and Dan Olinger interviewed four of the
applicants and recommended that the City hire Mike Buckles at $6.00
per hour for a maximum of 1040 hours which was budgeted for 1989.
M/S/P Graves/Moe - resolved that the Council hereby authorizes the
Administrator to hire Mike Buckles for the permanent part-time laborer
position, commencing on May 8, 1989 at the rate of $6.00/hour for 1040
hours per calendar year. (Motion carried 4-0).
B. Proposed Ordinance: Roberts Rules of Order
The staff was directed to prepare an ordinance which would require the
use of Robert's Rules of Order for Council proceedings.
Mayor Dunn opened up the public hearing at 12:10 p.m. in the City
Council chambers. There was no one to speak for or against the
proposed ordinance. Mayor Dunn closed the public hearing at 12:12
p.m.
Mayor Dunn requested wording in the last sentence in paragaph 203.010:
All meetings of the City Council shall be conducted in accordance with
the Revised Robert's Rules of Order used as a guideline for all.
Council proceedings.
M/S/P Graves/Moe - to adopt Ordinance 8023 amending Section 203 of the
Lake Elmo Municipal Code incorporating the useage of Robert's Rules of
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 13
Order as a guideline for all Council proceedings. (Motion carried
4-0).
C. Proposed Ordinance: Role of Mayor -Council
Per Council direction, a draft ordinance outlining specific duties of
the Mayor and City Council was provided for their review. This
information was taken from the League of Minnesota Cities Handbook.
Mayor Dunn requested postponement of this ordinance amendment until a
June meeting.
M/S/P Graves/Dunn - to postpone consideration of the draft ordinance
amendment, Role of the Mayor and Council Member until a Council
meeting in June. (Motion carried 4-0).
D. Proposed Ordinance: Solid Waste
While preparing the new section on Solid Waste Abatement (802), the
Solid Waste Advisory Committee also reviewed the entire ordinance.
Changes by the Committee in Section 801 were indicated and paragraph
submitted by Teddie Carlson were approved by the Council. Section 802
is new in its entirety and there were no changes proposed for Section
803.
Councilman Williams suggested relocating 802.110 to 802.020.
M/S/P Graves/Williams - to call a public hearing for June 20, 1989 to
receive input from the public on the proposed solid waste ordinance,
as amended. (Motion carried 4-0).
E. Joint Powers Agreement with Pine Springs --Recycling
The City of Pine Springs has expressed a desire to start curbside
recycling and asked to be a part of Lake Elmo's program. There are
benefits to the City to jointly participate in this project --that
being an additional twenty-five cents per household (3.25 per
household per city vs. 3.00 per household).
Washington County indicated that other cities that work together do so
through a Joint Powers Agreement. A draft copy of such an agreement
was provided. The agreement states that Lake Elmo is the lead city and
will handle all paperwork, monies, etc., relative to the program.
Pine Springs will reimburse the City for additional costs not covered
by the grant program offered by Washington County. This agreement
will also have to be approved by the Pine Springs City Council.
The Solid Waste Committee recommended that Gary Carlson and Carl Tacke
be appointed to the Joint Powers Committee.
M/S/P Graves/Williams - to authorize the City to enter into the
proposed Joint Powers Agreement for curbside recycling with the City
of Pine Springs; contingent on review by the City Attorney and to
appoint Gary Carlson and Carl Tacke to the Joint Powers Committee.
(Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 14
(
F. Recycling Recommendation
At a previous meeting, the Council approved a 6 month contract with
TMT Recycling and a one year contract with Bellaire Sanitation for
recycling services in the City.
Bellaire Sanitation proposed to ,provide recycling services to Cimarron
Park with a co -mingle program for which they provided containers to
each resident of the Park. Bellaire did not get the container grant
it applied, for at the Met Council and was not able to begin the
program in Cimarron in April. In the meantime, TMT has continued to
pick up recyclables in the Park.
At their April 26th meeting, the Solid Waste Committee recommended
that the City cancel the contract with Bellaire and extend TMT's
contract to include the entire City. John Maroney of TMT agreed only
to a contract that will coincide with the 6 month contract the City
gave him in March which means that our contract or recycling services
will only be good thru August of this year.
The City has received a $5000 grant from Washington County for the
purchase of recycling containers, but have not as yet ordered the
containers because we are waiting to see how the co -mingle program
proposed by Bellaire Sanitation would work out. In lieu of what has
happened to Bellaire, the Solid Waste Committee would like to proceed
with the purchase of the containers using the funds provided by
Washington County, the proceeds from the garage sale, and some of the
funds accumulated in the Recycling and Compost Fund.
M/S/P Graves/Williams - to extend the recycling contract thru August,
1989 (which coincides with the 6 month contract the City gave him in
March) to John Maroney of TMT. (Motion carried 4-0)
The Council asked the Committee for a distribution plan of the
recycling containers.
G. Appointment of Representative to Airport Advisory Committee
The Metropolitan Council is requestinng the City appoint someone to
serve on an advisory group to study uses for reliever airports (Lake
Elmo Airport being one). Mayor Dunn reported Al Kuperschmidt and his
son might be interested in the appointment and they will contact
the City Office. The Council asked the City Administrator to check
with John McPherson of West Lakeland if they received a copy of this
and if they have any interest in it.
H. Discussion: Section 32 Status Report
A tentative meeting with facilitator, Roger Williams, was set up for
Wednesday, May 31st at 8 p.m.
I. Discussion: Comp Plan Update --Set Workshop Mtg.
The City Council will meet on May 4th, after the Board of Review, at
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 15
6:30 p.m. to discuss the Comp Plan
suggested agenda. Announcement of
the press and the public.
Update as set forth in the
this special workshop was made to
J. Request for Purchase of Recorder, Transcriber and
Appurtenances
Two bids were received for a Recorder/Transcriber system: Lanier from
Wahl and Wahl and Norcom from Precision Business Systems. This
equipment was not budgeted for in 1989, funding would be from Council
Reserve. Councilman Williams was in favor of purchasing the
recorder/transcriber, but felt there was not a need for the pocket
recorder. The Council asked the Administrator to look into the cost
of leasing the pocket recorder.
M/S/P Graves/Moe -- resolved that the City Administrator is hereby
authorized to purchase a Lanier Recording System, from Wahl and Wahl,
Inc., in the amount of $757.10, together with one price of conference
recording microphones, in the amount of $36.00, and further, that the
existing equipment be traded for a credit of $35.00. (Motion carried
3-1 Williams: We should not purchase the equipment if we do not need
it).
M/S/P Graves/Moe - to adjourn the City Council meeting at 12:45 p.m.
(Motion carried 4-0).
Resolution 89-24 Receiving Report and Calling a Hearing on Improvement
for 15th St, from Inwood Avenue to West Citv Limits
Resolution 89-25 Receiving Report and Calling a Hearing on Improvement
for the 20th Street from Lake Elmo Avenue to Planning Trail.
Resolution 89-26 Receiving Report and Calling, a Hearing on Improvement
for 38th St., 39th St., and Innsdale Ave., East of Ideal Avenue
Resolution 89-27 Accepting the Petition from Sunburrow residents and
certain residents along Olson Lake Trail, in Oakdale for annexation
to Lake Elmo.
Ordinance No. 8023 amending Section 203 of the L.E. Municipal Code
incorporating the useage of Robert's Rules of. Order as a guideline
for all Council proceedings.
\
( FUTURE
MEETINGS:
May 1
6:00
p.m.
Park Committee Walk
Through
4
3-6
P.M.
Board of Review
4
6:30
p.m.
Council Workshop -Comp Plan
8
6:00
p.m.
Park Committee Walk
Through
8
7:30
p.m.
Planning Commission
Meeting
13
7-Noon
Clean Up Day
16
7:00
p.m.
City Council
22
7:30
p.m.
Planning Commission
Meeting
28
Solid Waste Meeting
REAPP
- SUNDAY EVENING