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Home My WebLink About06-19-90 CCMSince we do not have time —to -discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL JUNE 1.9 , 1990 7:00 p.m. MEETING CONVENES 1. AGENDA 2. MINUTES: June 5, 1990 3. CLAIMS 4. REAPP REPORT A. Recommendation from REAPP on Proposed Rate Increase with DPRA (Continuation) B. Other 5. PLANNING/LAND USE/ZONING: A. Variance and Shoreland Permit (Continuation) Joseph Kiesling, 9359 Jane Road N. B. Shoreland Permit to Reconstruct Existing Boat House Paul Huot, 4955 Jamaca Avenue N. 6. CITY ENGINEER'S REPORT: A. Street Improvement for 33rd & Laverne Drainage Improvement for Old Village (Continuation) B. MPCA Response to Appeal for 201 Costs C. Update on Agreement to Provide Public Water to Well Advisory Area 7. CITY ATTORNEY'S REPORT: 8. CITY COUNCIL REPORTS: CITY ADMINISTRATOR'S REPORT: A. Law Enforcement Contract B. Planning Commission Request for Workshop 10. ADJOURN CLAIMS TO BE APPROVED AT JUNE 19, 1990 LAKE ELMO COUNCIL MEETING (all claims are within budget unless otherwise noted) 93429 Postmaster - Comp Plan bulk mailing $ 272.10 93430 Hamline University - Mary - "Women on Gov." 35.00 93431 Washington County - recording resolutions 150.00 93432 Postmaster - postage meter 400.00 21.18 93433 Cleaning - office 93434 thru 138.00 93436 93437 Compost workers Minuteman Press - Comp Plan flyers 205.10 93438 American Typewriter - Office supplies 35.31 61.00 93439 Rose Floral & Greenhouse (Wier & Rudie) 32.16 93440 Hagberg's Country Market - Office supplies 93441 Bellaire Sanitation- Office dumpster $ 57.05 3,744.00 3, 801.05 Clean-up Days (13) 93442 TKDA - General $ 1,857.44 Pass Thru 491.45 Sewer Fund 70.21 (invoices attached) SW-1 Water supply 2,350.33 10,857.23 MSA 6 087.80 93443 Voto, Tautges - (invoice -La Ted) Not in budget 3,045.25 3,116.00 93444 James R. Hill - (invoice attached) 21897.49 93445 93446 TMT Recycling - for the month of May St. Croix Animal Shelter - May animal impounding 170.00 93447 City of North St. Paul - May animal control vehicle 165.00 93448 13449 G-Whiz Lettering - Fire Dept. Minn. Conway Fire & Safety - Fire Dept. supplies 118.40 82.16 )3450 Astleford Int'l - Fire Dept, new truck chassis 47,987.84 93451 Lake Elmo Oil - Bldg. Insp. $ 160.19 Fire Dept. 305.42 Maint. Dept. 1,642.62 2,108.23 93452 Truck Utilities - Maint. Dept. parts K repair 10.20 93453 Lakeland Ford Truck - Maint. Dept. parts & repair 21.90 146.00 93454 K-G Research, Inc. - Maint. Dept. parts & repair 10223 93455 T.J. Auto Parts - Maint. Dept. parts & repair 93456 Fred's Tire Co. - Maint. Dept, parts & repair 56.00 8.24 93457 F.H. Bathke Co. - Maint. Dept. supplies 26.00 93458 93459 Elmer's Repair - Maint. Dept, parts & repair Bryan Rock Products, Inc. - Maint. Dept, supplies 262.76 93460 John Deere Service - Maint. Dept, manual 35.75 328.10 93461 Raco Oil & Grease - Maint. Dept. 136.34 93462 Thompson Hardware - Maint. Dept. supplies 2,955.38 93463 Clean Sweep, Inc. - street sweeping 60.00 93464 Action Rental - Faiks. Dept. 53.00 93465 Junker Sanitation - Maint. dept dumpster 12.60 9^A66 Glenwood Inglewood - Maint. Dept. water 213.75 93467 Flail -Master Corp. - Maint. Dept. parts & repair seed & timbers 158.48 93468 Midwest Wire & Steel - Parks - grass 25.84 93469 Polfus Implement - Parks Dept. 68.26 93470 Menards - Parks Dept. 20.15 93471 Arrow Bldg. Center - Parks Dept. 142.95 93472 93473 Turf Supply Co. - Parks Dept. thru 93477 First 1/2 Mayor & Council salaries 4,800.00 93478 thru 9,517.43 93491 June 29th payroll Total $ 94,859.86 INVOICE �TKL /�\ AND A KING, DUVALL, INCORPORATED iiii .i..iL. AND ASSOCIATES, INOORPORATEO ENUINEERS ARCHITECTS PLANNERS 25W AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 512/292-4400 FAX 512M-0050 City of Lake Elmo P.O. Box J Lake Elmo, MN 55042 --------------------------- Date: May 31, 1990 Commission No: 9150-990 Invoice No: 012143 Period Ending: 04/30/90 For Professional Services in connection with Attendance at City Meetings, Agreement dated February 2, 1988. April 3, 1990 L. Bohrer - City Council Meeting AMOUNT DUE $ 50.00 JUN - 6 1990 1, 35o,33 �/ 6)S79d ip� ds� 23 State of Minnesota ) ss County of Ramsey ) Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date May 3,,j„ 1990. /,-" n . TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED LINDA E. SCHOREY I40TARY F BLIC—CJRNES0T:1 RAPISEY COON My Comm. Exptres lw0 4. rE 5 INVOICE JUN . 6 1990 Tr\ L A TOLTZ, KING, DUVALL, ANDERSON E A .Li AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL MINNESOTA 55101 512M92-4400 FAX 512M02-0055 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Date: May 31, 1990 Commission No: 9150-000 Invoice No: 012141 Period Ending: 04/30/90 For General Engineering Services as listed below. Authorization dated February 2, 1988. 1. The Forest - Plan Review: L. Bohrer 7.00 Hrs. @ 25.53 = 2. 201 User Charge System: L. Bohrer 1.00 Hrs. @ 25.53 = 3. Legion Avenue Feasibility Study: L. Bohrer 6.50 Hrs. @ 25.53 = J. Davidson 0.25 Hrs. @ 32.00 = Expenses: L. Bohrer - Travel 178.71 x 2.75 = 491.45 25.53 x 2.75 = 70.21 165.95 8.00 173.95 x 2.75 = 478.36 3.80 4. Lampert Avenue Feasibility Study L. Bohrer 7.00 Hrs. @ 25.53 = 178.71 -J-Davidson ----- --0--25--Hrs. -@-32.-00-=- -- - -' 186.71 x 2.75 = 513.45 Expenses: L. Bohrer - Travel 4.00 5. Legion Avenue Warranty Repairs: L. Bohrer 1.00 Hrs. @ 25.53 = 25.53 x 2.75 = 70.21 6. 50th Street (CSAH 35) Plan Review: L. Bohrer 2.50 Hrs. @ 25.53 = 63.83 x 2.75 = 175.53 Expenses: L. Bohrer - Travel 13.52 Page 2 INVOICE Commission No. 9150-000 7. Section 32 Proposal: L. Bohrer 0.50 Hrs. @ 25.53 = 12.77 x 2.75 = 8. Lake Elmo Mall - Provide Site Plan Requirements to Designer: L. Bohrer 0.75 Hrs. @ 25.53 = 19.15 x 2.75 = 35.12 52.66 9. Old Village Drainage Study. G. Garr 3.50 Hrs. @ 12.41 = 43.44 x 2.75 = 119.46 Expenses: TKDA Computer Service Fee (Apr) 10. DQnalsl Harnj�h - LettgQ_ 14 Pv�nu�__Sta ,; L. Bohrer 0.50 Hrs. @'25.53 12.77 x 2.75 = 11. DNR Water Appropriation Report: L. Bohrer 1.00 Hrs. @ 25.53 = 25.53 x 2.75 = 12. Otto Meyer Driveway Culvert - Select Size for Permit: L. Bohrer 0.50 Hrs. @ 25.53 = 12.77 x 2.75 = State of Minnesota ) ss County of Ramsey 200.88 35.12 70.21 AMOUNT DUE $ 2,369.10 Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date May 199 c.v�M/nnnnnnMAMn��J.�J.�wwt,M1tity ' tB"`lb LINDA E. SCHRY OREY +' htT' wor RNASEY COUNTY Orn g4 My Cann ExPoe Avg 4. Q65 u vvvwwvv.'vvvvvwN^�vwv�'"""vv. . TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED JUN - 6 199.0 . rTr TA INVOICE TOLTZ- .a�(yL AND ASSOCIATES, KING,DUVALL. RPOR TE — ANDASSOCIATES,INCORPpRATED JGINEERS ARCHITECTS PLANNERS 2500AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101-1893 612/292-44M FAX 612/292-0083 City of Lake Elmo Date: May 31, 1990 - 3800 Laverne Avenue No. Commission No: 9150-010 Lake Elmo, MN 55042 Invoice No: 012142 Period Ending: 04/30/90 For Professional Services in connection with the SW-1 Water System Analysis. Verbal Authorization to Provide Separate Billing by City Administrator on March 22, 1990. SW-1 Water System Analysis (9150-010): Personnel: T. Dye L. Bohrer J. Kirk Classification: Graduate Engineer Senior Registered Engin Senior Registered Engin Reimbursable Expenses: Larry D. Bohrer - Travel State of Minnesota ) ss County of Ramsey Billing Rate: 9.00 Hrs. @ 33.33 26.50 Hrs. @ 70.21 - 2.00 Hrs. @ 88.00 - 299.97 1,860.58 176.00 13.78 Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this ndate May 3n* 1990.-- —"-\ C II I "�a�. LINDA E• SCHOPEoTA 'Y' NOTARY in.,,LIC-61":. �cR RAUSEY eb 4 j955 , k'"�'-' h1Y COMM. ExP'rAugAu7 . TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED JUN - 6 1997 INVOICE ,f P1 ■ T A ■ /„� TOLTZ, KING, DUVALL, ANDERSON ...AAA i./..L /L ...ii AND ASSOCIATES, INCORPORATED :NGINEERS ARCHITECTS PLANNERS 2500 PAURIAN NA NATIONAL BANK BUILDING SAINT 1893 612/292.44M FAX 612/292.0083 City of Lake Elmo 3800 Laverne Avenue No. Lake Elmo, MN 55042 Date: May 31, 1990 Commission No: 9720-01 Invoice No: 012185 Period Ending: 04/30/90 For Professional Services in connection with the 1990 MSA Improvements - 33rd Street and .Laverne Avenue from CSAH 17 to TH 5 (Grading, Gravel Base, Storm Sewer, Bituminous Surfacing and Concrete Curb and Gutter). Verbal Authorization approved at Regular City Council Meeting on January 16, 1990. Part I -Plans (Feasibility'Study)-(9720-01): Personnel: Classification: - Billing Rate: T. Prew Registered Engineer 34.00 Hrs. @ 47.60 = L. Bohrer Senior Registered Engin 9.50 Hrs. @ 70.21 - Reimbursable Expenses: Computer Service Fee - Computer Services Larry D. Bohrer - Travel. AMOUNT DUE ................................. S State of Minnesota ) as County of Ramsey 1,618.40 667.01 59.94 22.10 2,367.45 Ray A. .Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the af.,.'sant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date May 1^ 11�990 vM .AAX ^ ^"^^A"AAM_ HOREY h w.ffa LINDA E. SCHORE NDTARYELIC—�:82<ESO7A / RAMSEY COUI:TY / ' `.. My Conn. ExPlai Al? 4. 1955 •wvvVNN'n��a�nnrrN�✓�^�`"wv u TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED 6 JUN - 6 1990 T A INVOICE KLF� TOLTZ, KING. DUVALL. ANDERSON `? i.i AND ASSOCIATES. INCORPORATED > JGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101-1893 612/292.4400 FAX 612/292-0083 City of Lake Elmo Dater May 31, 1990 3800 Laverne Avenue No. _Commission No: 9492-02 Lake Elmo, MN 55042 Invoice No: 012164 Period Ending: 04/30/90 For Professional Services in connection with the 1989 MSA Improvements - 15th StreetfromCSAH 13 to West City Limits (Grading, Gravel Base, Drain- age and Bituminous Surfacing). Verbal Authori- zation to Proceed received from the City Council on January 17, 1989. Plans Phase (9492-02): - Personnel: Classification: Billing Rate: T. Prew Registered Engineer 4.00 Hrs. @ 47.60 - 190.40 L, Bohrer -Senior Registered_Engin 17.25 Hrs. @ 70.21 - 1,211.13 �- R. Dinndorf Senior Technician 18.50 Hrs. @ 49.20 = 910.20 C. Rylander Technician 14.50 Hrs. @ 34.13 = 494.89 - C. Rylander Technician 1.00 Hrs. @ 42.00 = 42.00 J. Stenerson Technician .4.00 Hrs. @ 27.06 - 108.24 S. Olson Technician 1.00 Hrs. @ 40.48 = 40.48 C. Schardin Technician 3.00. Hrs. @ 24.20 = 72.60 Reimbursable Expenses: Computer Service Fee - Computer Services 3.78 Blue Print Service Co', - Reprod/Reprogr 86.50 Curtis 1000 Inc - Reprod/Reprogr - - 105.05 Larry D. Bohrer - Travel 25.22 Richard T. Dinndorf - Travel 38.66 AMOUNT DUE ................................. $ 3,720.35 VOTO, TAUTGES, REDPATH & CO., LTD. CERTIFIED PUBLIC ACCOUNTANTS Birch Lake Professional Building • 1310 E. Hwy, 96 • White Bear Lake, MN 55110 • Fax (612) 426-5004 • Phone (612) 426-3263 ROBERT I. VOTO, CPA RORERT G. TAUTCES, CPA TAMES S. REDPATH, CPA D. KENNETH GEORGE, CPA JUN _ 6 1990 DAVID I. MOL, CPA May 31, 1990 City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 For professional services rendered: Assistance to the City : • Research and analysis of the potential impact of commercial development on tax capacity values, tax rates, fiscal disparity contributions/distributions. • Preparation of rept to City Council discussing financing plan alternatives including development incentives for major developer and development impact on property taxes. • Meetings with City staff and City's fiscal consultant. PARTNER: Robert G. Tautges MANAGER: David J. Mol STATISTICAL TYPISTS AND REPORT PROCESSORS TOTAL BILLING 35-1/4 Hours @ $77.00 $ 2,714.25 4-1/2 Hours @ $58.00 261.00 3-1/2 Hours @ $20.00 70.00 $ 3,045.25 I hereby certify that the above claim is just and correct and that no part of it has been previously paid. Robert G. Tautges, Vice Presidmt MEMBERS OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS a PRIVATE COMPANIES PRACTICE SECTION MINNESOTA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MUNICIPAL FINANCE OFFICERS ASSOCIATION 0 MINNESOTA ASSOCIATION OF SCHOOL, BUSINESS OFFICIALS JAMES R. HILL, INC. PLANNERS ENGINEERS SURVEYORS 9401 1AMEs AVE. SO., SUITE 140, BLOOMINGTON, MN 55431 612/884.3029 FAX 804-9518 Lake Elmo, City ❑f Attn: Ms. Mary Kueffner 3SOO Laverne Ave. No. Lake Elmo, MN 55042 PROFESSIONAL SERVICES RENDERED: COMPREHENSIVE PLAN/MUNICIPAL WORK (0112P) Delivery or pick -UP Printing, binding and assembling Drafting misc. exhibits Client meetings Other misc. services for client City staff meetings 254.00 Printing ENGINEER TECHNICIAN I 34.25 HRS X 2g = = $ 95q,0 1,534.00 PLANNER III 26.00 HRS X $ 59 $ 32---$---- 80.00 ENGINEER TECHNICIAN II 2.50 HRS X MAY 31 90 $ 2,627.00 JAMES R. HILL, INC. PLANNERS ENGINEERS SURVEYORS 9401 JAMES AvE. So., SUITE 140, BLOOMINGTON, MN 55431 612/884-3029 FAX 884-9518 MAY 31 90 Lake Elmo, City of Attn: Ms. Mary Kueffner 3800 Laverne Ave. No. Lake Elmo, MN 55042 PROFESSIONAL SERVICES RENDERED: CITY OF LAKE ELMO-MISC./MUNICIPAL WORK (BO87P) Printing, binding and assembling Other mist, services for client Client meetings (5-4-90) Letters, memos, phone conversations, etc. Printing 1=,$ 16.00 ENGINEER TECHNICIAN I 0.25 HRS X $ 28 = $ 7.00 PLANNER III 4.50 HRS X $ 59 = $ 266.00 DATE APPROVED: 7/17/90 DATE ISSU,�D: 8/ 3/90 „t LAKE ELMO CITY COUNCIL MINUTES all JUNE 19, 1990 Mayor Dunn called the City Council meeting to order at 7:00 p.m. in the City Council Chambers. Present: Dunn, Hunt, Williams, Armstrong, City Engineer Larry Bohrer and Administrator Kue£fner. Absent: Graves 1. AGENDA Add: 9C. Letter from Ellen Sampson, 7A., Handout for City Attorney's Report. Delete: 4A. Letter from Dick Acree regarding DPRA Contract M/S/P Hunt/Williams - to approve the June 19, 1990 City Council agenda as amended. (Motion carried 4-0). 2. MINUTES: June 5, 1990 M/S/P Williams/Hunt - to approve the June 5, 1990 City Council minutes as amended. (Motion carried 4-0). 3. CLAIMS M/S/P Williams/Hunt - to approve the June 19, 1990 Claims #93429 thru #93491 as presented. (Motion carried 4-0). 4. REAPP REPORT A. Recommendation from REAPP on Proposed Rate Increase with DPRA (Continuation). The City Council received a letter from Dick Acree on the proposed rate increase request from DPRA. Councilman Williams received a telephone call from Mr. Acree, who was stranded at the airport, and asked that this matter be discussed at the July Council meeting. B. Other: Todd Williams reported REAPP received permission from the County Board to set up a booth to sell beverages in the Lake Elmo Park Reserve during the Olympic Festival. 5. PLANNING/LAND USE/ZONING: A. Variance and Shoreland Permit (Continuation) Joseph Kiesling, 9359 Jane Road N. M/S/P Hunt/Williams - to bring back the request by Joe Kiesling for Council consideration. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 1990 PAGE 2 At the last Council meeting, the applicant submitted information for Council review and requested consideration be postponed until the June 19th Council meeting. Mayor Dunn reviewed the information submitted and visited the site and thought Mr. Kiesling did a fantastic job on remodelling the house. She noted the old newspaper article and picture which showed the existing Keane house having an attached deck. Dunn pointed out Kiesling has a patio that extends out 14' on the bottom level which was allowed by the DNR. Kiesling stated he would consider a 4' walkway and Dunn felt a narrower walkway would not go out any further than the concrete patio already existing. Councilman Hunt recalled when the house was abandoned it had a deck attached to it. Hunt believed the house could have been raised with the deck still attached which would have preserved the deck and the non-comformity. Hunt referred to Council approval of a similar situation, a deck was to be demolished and a new deck created. In case of an emergency, Mr. Kiesling does not have access to the water so there is a safety factor. Hunt considered the addition of a walkway did not increase the non -conformity that existed prior to Mr. Kiesling owning the house. He also took the opinion that the shoreline has been recontured and was no longer lakebed. Councilman Williams noted he did not see a hardship for granting this variance. The DNR does not recommend approval, and, in the past, the Council has tried to go along with the DNR recommendations. Mr. Kiesling bought the house "as is" knowing work had to be done because the house was unliveable. According to our code when a structure is non -conforming and is damaged more than 50% of its value, Williams pointed out it should not be replaced. By adding the walkway and stairs to the walkway, he is increasing the degree of non-comformity. Councilwoman Armstrong referred to Molly Shoedeen's letter, July 20, 1989, stating the DNR allows only raising the home on fill and clearly states that no deck be allowed. Also the City received a letter, May 10, 1990, John Stine, DNR, stating they have repeatedly stated they would not approve any further waterward encroachment on this site and was opposed to the variance for the walkway. The City's Building Official told Mr. Kiesling not to put sliding glass doors in, he went ahead and put them in, and now he is claiming the three sliding glass doors going nowhere as a hardship. The DNR recommends not granting a variance for a walkway, and we should abide by the DNR's wishes. A variance request requires a majority vote of the Council. The applicant requested postponement for consideration of his request until the next Council meeting. M/S/P Hunt/Dunn - at the request of the applicant, the Council postponed the request by Joseph Kiesling for a variance and shoreland permit until the next City Council meeting. (Motion carried 3-1: Williams: based on reasons stated). LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 1990 PAGE 3 B. Shoreland Permit to Reconstruct Existing Boat House Paul Huot, 4955 Jamaca Avenue N. Paul Huot has applied for a shoreland permit to reconstruct and enlarge (by 4 feet) an existing boat house. Molly Shodeen, DNR, reported on 5-30-90 that they have reviewed the proposal to rebuild a boathouse on Lake Jane and have no objection to rebuilding it consistent with the definition of "boat house". Adding a screen porch onto the structure does not fit the definition and no permit should be issued for including a screen porch structure. M/S/P Williams/Armstrong - to grant a shoreland permit to Paul Huot, 4955 Jamaca Avenue N., to reconstruct and enlarge by 4 feet an existing boat house and will remain a boat house and not a screen porch/boat house combination based on no variances are required and on DNR approval. (Motion carried 4-0). Request by Planning Commission member, Ed Stevens: Ed Stevens referred to the Metro Monitor regarding a meeting at the Met Council for expansion of the Lake Elmo Airport. As a resident of Lake Elmo, he is opposed to expanding the airport and plans on attending the meeting in which this will be discussed. He requested a statement from the Council indicating opposition by the City that he could read at the meeting. Councilman Hunt would be available to read this statement indicating the City does not anticipate the growth of heavy industry and an airport in this area would not serve the surrounding communities. 6. CITY ENGINEER'S REPORT: A. Street Improvement for 33rd Street & Laverne Avenue Drainage Improvement for Old Village (Continuation) M/S/P Hunt/Williams - to bring back Item 6A. for Council consideration. (Motion carried 4-0). At the June 5th Council meeting, the Council directed the City Administrator to co-ordinate a meeting between Pete Schiltgen, Council members Lee Hunt and Rose Armstrong and Larry Bohrer, to discuss a possible drainage easement agreement. Based on the work on the Old Village Drainage study, Bohrer had concluded that in order to do the type of improvements he feels are necessary, we will have to obtain some type of easement from Mr. Schiltgen. In meeting with Mr. Schiltgen, Councilmembers Hunt and Armstrong became aware that the drainage in the Old Village area was only one factor in the water problem he had. There still was drainage from the airport and the fairground. All three of these together formed a problem that could cause more problems down stream to Downs Lake. Mr. Schiltgen felt the City's drainage plan would only solve one-third of his problem, he still would have two-thirds of the problem that needed to be addressed. LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 1990 PAGE 4 Armstrong indicated we should take a look at the water problem and incorporate this with the road problem so that it is worked on next year. The City should proceed forward and ask Larry Bohrer to come up with new ideas on how to divert the water. The road is not in dire straits that it has to be done this year, but should proceed with the project. Bohrer explained that minor corrections can be made, but this would not be the problem solver. He was not familiar with how the fairgrounds drainage comes into the area, but the airport drainage does not enter Mr. Schiltgen's property until south of the railroad tracks. If the Council wishes to postpone the project, ($42,000 of Municipal State Aid Mtnce. Funds has been designated for this particular project), he would have to come back with a recommendation with what to do with this money. Bohrer stated he was not aware of Mr. Schiltgen ever coming before the Council to discuss these drainage problems. Bohrer pointed out the VBWD's position has been that their proposal is to construct a small outlet for Downs Lake. This outlet will not change their 100 year flood elevation for Downs Lake which includes spilling over into the Eden Park area (known as the Durand's Pond west of Legion Avenue). Bohrer pointed out areas where water was evident: --VFW Ballfield is not useable today because there is standing water. --Lions Park Ballfield is not useable because the channel is still running water right now. --Layton Avenue Road --Hardwood Lumber Co. use to store lumber outside, but because the water would wash silt, etc. into the lumber, it would ruin the kniV.es in the planes and damage the lumber. --Nuisance Type Items: Timber which worked its way through and floated out into the Lions Park ballfield, a pallet found sitting in Schiltgen's field. --Eugene Markgraf, 11002 Upper 33rd St., had water in his basement. Bohrer added you cannot do the middle section of the Old Village improvements without going all the way by some route to the railroad culvert. If the intent of the Council would be to consider this project for 1991, he would have to begin in 1990 so the easements are available to us. M/S/P Hunt/Williams - to direct City Engineer, Larry Bohrer, prepare a list of potential road projects to use MSA Maintenance Funds. (Projects under $100,000 take a 10-day advertisement for bids, over $100,000 Projects takes 3-weeks.) If possible a go-ahead could be given through a phone poll of the Council to begin any projects. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 1990 PAGE 5 Larry Bohrer stated he would send each Council member a mailed written recommendation for potential road projects for this summer using MSA Maintenance Funds. Then the City Admin. can take the appropriate poll of the Council to determine how to proceed.. Bohrer will also send a copy of this report to the VBWD for their comments. Councilman Hunt volunteered to attend the VBWD meeting when this report will be discussed. M/S/P Hunt/Williams - to proceed with discussion on the proposed drainage plan with VBWD and affected residents and pull together information for discussion at the September 4th City Council meeting. (Motion carried 4-0). B. MPCA Response to Appeal for 201 Costs The City received a letter from Timothy Scherkenbach, Water Quality Div. of PCA regarding final determination for request of land and related acquisiton costs (total cost:$50,900) resulting from the condemnation award appeal and judgment on Site D as not eligible. Each issue was addressed and a summary of their determination appears in the letter. (See letter dated June 13, 1990 to Mary Kueffner from Timothy Scherkenbach). Larry Bohrer indicated no more research needed to be done, a'personal appearance would not be required, it would just be review of the record. Bohrer pointed out, as we go through the appeal process, its less likely that we will be eligible for reimbursement, and we will not get our final payment on our grant. Mayor Dunn will write a letter reiterating the fact the City was caught by circumstances, totally, beyond our control, and it is not fair we should be penalized. M/S/P Williams/Hunt - to direct the staff to pursue the appeal to the EPA for reimbursement of our condemnation costs for the 201 Project. (Motion carried 4-0). C. Update on Agreement to Provide Public Water to Well Advisory Area The County has met with the City of Oakdale who approved the joint agreement by a 3-2 vote with some minor language change at that meeting. A public informational meeting on the service area and a public hearing to consider whether fire protection should or shouldn't be added was scheduled for June 26th. Because of the reaction Mary Luth got at the Oakdale City Council meeting, she has asked to postpone this public hearing. Luth requested the cities enter into the agreement before we proceed with the public hearing. The Council will receive a copy of the new final draft of the agreement. In the meantime, Armstrong requested the staff look at the VBWD project to see if there is any indication if the drainage would come near this property. 7. CITY ATTORNEY'S REPORT: The City Attorney handed out his report for discussion. LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 1990 PAGE 6 8. CITY COUNCIL REPORTS: Mayor Dunn reported on: the League of Minnesota Cities conference she attended in Duluth. Camp Courage Wagon Train Kickoff for raising money for the Camp Courage Program left from the Washington County Fairgrounds on Saturday. The City will receive a video tape of the Wagon Train going through Lake Elmo. 9. CITY ADMINISTRATOR'S REPORT: A. Law Enforcement Contract The Council reviewed the annual Law Enforcement Contract from Washington County. The Council extended an invitation to the Lake Elmo Deputies to stop in and meet the City Council. M/S/P Williams/Armstrong - to authorize the Mayor and City Administrator to sign the agreement for Law Enforcement Services with Washington County for the year, 1990. (Motion carried 4-0). B. Planning Commission Request for Workshop The Planning Commission requested the City Council attend their June 25th meeting to discuss the Comprehensive Plan, Future Land Use Map, draft RE Ordinance and Freeway District Ordinance. M/S/P Hunt/Williams - to call a workshop for Monday, June 25th, in combination with the PZ's regularly scheduled meeting, to discuss the Comprehensive Plan, RE Ordinance and Freeway District Ordinance. (Motion carried 4-0). C. Letter from Ellen Sampson The Council received a letter from Ellen Sampson requesting a designated reviewer from the City or ReAPP to review the current rules governing county solid waste management planning and certificate of need issuance. The MN Office of Waste Management is considering amending the rules to clarify them and are requesting opinion concerning the subject matter of the rules. Comments are due by July 11, 1990 and should be sent to David Henke, MN Office of Waste Management, 1350 Energy Lane, St. Paul, MN 55108. Councilman Williams, with assistance from a ReAPP member, volunteered to look at the document and determine if a response is needed. Councilman Hunt volunteered to review the response before it is issued. LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 1990 PAGE 7 D. Cable Request The City received a request to copy a video tape meeting. The City has not, as yet, set up policy request. Therefore, the City Administrator will Cable Co. and other communities regarding their will report back to the Council. of a City Council to address such a contact Suburban adopted policy and M/S/P Hunt/Armstrong - to adjourn the City Council meeting at 9:20 p.m. (Motion carried 4-0).