HomeMy WebLinkAbout08-06-91 CCMDATE APPROVED: 8-20-91.,
DATE ?SSUED: 8-30-.91
LAKE ELMO CITY COUNCIL MINUTES
AUGUST 6, 1991
Mayor Johnson called the City Council meeting to order at 7:03 p.m. in
the City Council chambers. Present: Mayor Johnson, Hunt, Dick Johnson,
Williams, City Engineer Tom Prew, City Attorney Jerry Filla and
Administrator Kueffner.
1. AGENDA
Add: 3. Set date for Budget meeting, 6E. John Day Final Plat, 6F. City
Response to Stonegate Lawsuit
Move: Item 10B, after Item 4.
M/S/P Mottaz/Hunt - to approve the August 6, 1991 City Council agenda as
amended. (Motion carried 5-0).
2. MINUTES: July 16, 1991
Councilmen Williams and Mottaz submitted additions to the minutes for
rezoning of Stonegate. (See Appendix A and B for additions).
M/S/P Williams/Hunt - to approve the July 16, 1991 City Council minutes
as amended. (Motion carried 4-1: Mayor Johnson).
3. CLAIMS
M/S/P Dick Johnson/Hunt to approve the August 6, 1991 Claims #95062
through #95123 as presented. (Motion carried 5-0).
The Council called a Budget meeting for Wednesday, August 14th, at 6:30
p.m. in City Hall.
4. PUBLIC INQUIRIES
Susan Dunn, 11018 Upper 33rd St. N., asked that her comments be made
part of the record. (See Public Inquiries: Comments)
Lenore Mottaz, 8770 DeMontreville Trail N., stated there were oak trees
with oak wilt in Kleis Park and on 53rd Street and Jamaca Avenue. Mike
Bouthilet will check out these trees.
5. Peter Sandberg, MPCA
At the direction of the Council on May 7, 1991, the City Administrator
wrote a letter to the MPCA relating the City's opposition to the
requested modification to the NPDES/SDS Permit MN 0054348. Mr.
Sandberg, of the MPCA, appeared before the Council to explain the reason
for the request and to answer any questions.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1991 PAGE 2
Councilman Williams commented on the recent decision by Washington
County to require all residential wells within the well advisory area be
sealed to prevent cross -aquifer contamination in spite of numerous
homeowners who wanted to use their well for lawn watering.
At the same time, this permit modification comes before the City with a
number of claims:
1. That the water is just about clean enough to drink so why is there a
concern about cross -aquifer contamination.
2. That Peter Sandberg's letter, 7/16/91, states that the MPCA believes
that the changes in the permit will facilitate the site cleanup and
closure and will be protective of water quality. Williams stated "Not
one of us in this room is going to live to see the day when this
landfill is cleaned up by air stripping".
3. That as far as he can tell, the amount of pollutants that have been
pumped out of the ground so far amounts to approx. 3 barrels worth. We
know there are possibly hundreds of barrels of potentially toxic
industrial waste in that landfill. As long as the water table stays
where it is, as long as the MPCA refuses to clean up the site, this air
stripping will continue, NPDES will continue, and we will continue
spreading the contaminants both in the air and to other water bodies.
Until the PCA comes back and states this is how we are going to clean
up the site, and here is how the NPDES is an integral part of that
cleanup", I am opposed to any additional pumping on the NPDES.
The Council concurred with Councilman William's comments; therefore, the
following motion was made:
M/S/P Mottaz/Dick Johnson - to direct the City Administrator to send a
letter to the MPCA reiterating the comments stated by Councilman
Williams. (Motion carried 5-0).
6. PLANNING/LAND USE & ZONING:
A. PUBLIC HEARING: Variance from front yard
setback
Robert Gardner, 2898 Legion Avenue N.
Mayor Johnson opened up the public hearing at 8:30 p.m. The public
hearing notice was published in the July 17, 1991 St. Croix Valley Press
and adjoining property owners were notified. There was no one to speak
for or against this request.
Robert Gardner is requesting a variance from the front yard setback so
he may erect a 24' x 20'6" garage onto the front of his house. There is
no garage on the property at this time. However, Mr. Gardner stated he
had converted an existing garage into living space.
Mayor Johnson closed the public hearing at 8:32 p.m.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1991 PAGE 3
The Council questioned if there was a possibility that a garage could be
( put in the back of the house with a driveway along side the existing
structure.
M/S/P Dick Johnson/Mottaz - to postpone consideration on this item until
the building official and homeowner confirm the front yard setback
measurement from the proposed garage and check out if this garage would
stick out substantially in front of the other houses in the neighborhood
and look into the option of building a garage behind the house. (Motion
carried 5-0).
B. PUBLIC HEARING: Vacation of roadway easement (the westerly
185.65 feet of Lot 8, Krause Addition), said distance as measured along
the center line of Lot 8, Krause Addition
Mayor Johnson opened up the public hearing at 8:40 p.m. in the City
Council chambers. The Public Hearing notice was published in the July
17, 1991 St. Croix Valley Press and the petitioners and adjoining
property owners were notified.
The City received a petition submitted by adjoining property owners for
the vacation of the westerly unimproved portion of Jane Road N.
Tom Skalbeck explained that Jane Road was improved a few years ago and
it was at the recommendation of the City that because of the
configuration of the 200 feet (it was steep and there was no place for a
turnaround for the plow) the improvement stopped at the west edge of Lot
8. Consequently, the runoff water goes down the driveway and washes out
the driveway.
Bill Stevenson, neighbor who was involved on the original improvement of
Jane Road N., felt that this condition on Tom Skalbeck's property was an
oversight by the City because the rest of the neighbors are fond of the
nice road.
Mayor Johnson closed the public hearing at 8:45 p.m.
City Attorney, Jerry Fills, pointed out the City is apparently the fee
owners of Lot 8, Krause Addition. Somewhere in between the creation of
Krause Addition and now, it had to be conveyed to the city either by
deed or an easement. If what we own is an easement and we vacate this,
then the western 185, will revert to adjoining parcels. If what we own
is fee title, then we can convey that to whomever we choose. This
should be investigated either through the plat of Krause's Addition or
title to one of the adjoining parcels to figure out what the legal
nature of that roadway is so the City would know what is going to happen
to it.
M/S/P /Williams - to postpone consideration on this item until the legal
nature of the parcel has been clarified and obtain a precise measurement
description of the easement relative to Wyn John/William Bloyer
driveway). (Motion carried 5-0).
C. Ordinance 8054: Distance for Side Lot Line in RE Zone
LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1991 PAGE 4
Ordinance 8055: Subdivision Displays
Ordinance 8056: Landscape Standards
M/S/P Williams/Hunt - to adopt Ordinance 8054 and 8055 as presented and
Ordinance 8056 as amended: (Section 3. Developer shall provide spaced or
clustered plantings to one and one-half inch caliper deciduous trees at
a rate of two per 100 lineal feet on both sides of the street, between 0
and 5' to the inside of the right-of-way for rural sections and between
5 and 10' to the inside of right-of-way for urban sections. (Motion
carried 3-2: Mayor Johnson: Referred to the Draft amendment to the MDIF
for rural service area. Criteria talks about local plans that are
inconsistent with the MDIF rural area policies. It states specifically
some communities have already developed residential densities greater
than 1 unit per 10 acres. Exception to the policy for the rural area
will be considered only for communities that cannot met the policy
because of the existing subdivisions or land development. RE within
regional planning guidelines is something in the future that will not be
allowed; therefore, question of these motions is premature. RE is
inconsistent with Met Council's policies; Mottaz: The Met Council
commented unfavorably on RE when reviewing the Comp Plan. We should wait
and see what the Met Council is going to do in their final action on the
proposed amendments, and he does not like the idea of telling a person
on how he has to landscape his lot.)
D. Response from Steve Korhel re: Rolling Hills
Subdivision
At the July 16th meeting, the City Administrator was directed to write a i
letter to Steve Korhel for comments on the proposal submitted by Quentin
Wood, the engineer for the Rolling Hills Development. Mr. Korhel
responded he would not be interested in providing a road right-of-way or
grading easement.
M/S/P Williams/Hunt - to require the developer of Rolling Hills develop
the road from Fox Fire Manor to Keats Avenue solely on Rolling Hills'
property and to provide public road right-of-way dedicated to the City
(easement to north edge from Korhel property as determined by
consultation with City Engineer.) (Motion carried 5-0).
E. John Day Farm Addition Final Plat
Councilman Williams pointed out the John Day Farm Addition Final Plat
presented.to the City Council is different from the Final Plat the
Council had approved. Lot 8 does not meet the aspect ratio of our code.
M/S/P Williams/Mottaz - the City Administrator convey to the landowner
the city does not intend to sign the Final Plat until the aspect ratio
is corrected (Lot 8 has a ratio of 5 1/2 to 1).and recommend the
surveyor be notified to work with the landowner to bring this into
conformance. Also questioned, "What constitutes the side of a lot?")
(Motion carried 5-0)
7. CITY ENGINEER'S REPORT:
LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1991 PAGE 5
A.(1) Award bid for Hytrail Avenue N. Improvement and paving of
DeMontreville Park parking Lot, Resolution No 91-25
Tom Prew, City Engineer, reported bids for the referenced project were
received on August 2, 1991. The City Engineer recommended that a
contract be awarded to the low bidder, Tower Asphalt, in the amount of
their low bid of $14,827.75.
M/S/P Hunt/Williams - to adopt Resolution No. 91-25 awarding the bid for
the bituminous overlay of Hytrail Avenue N. and paving of DeMontreville
Park parking lot to Tower Asphalt, in the amount of their low bid of
$14,827.75, based on a favorable recommendation from the City Engineer.
(Motion Carried 5-0).
(2) Call a public hearing for August 20, 1991 on proposed
assessment for bituminous overlay construction of Hytrail Avenue N. and
paving of DeMontreville Park parking lot.
M/S/P Dick Johnson/Hunt - to adopt Resolution No. 91-26 calling a public
hearing for August 20th on proposed assessment for bituminous overlay
construction of Hytrail Avenue N. from 59th Street to Highlands Trail
and paving of DeMontreville Park parking lot. (Motion carried 5-0).
B. Shafer Easement
City Engineer, Tom Prew, recommended the City offer Shafer Contracting
$2,500 for the water main easement. Bill Schwab, Appraiser from
Penfield, Inc., appraised the water main easement through the Shafer
Gravel Pit at $2,500. The cost of the easement will be reimbursed by
Washington County.
M/S/P Dick Johnson/Williams - to direct the City staff to offer Shafer
Mining $2500 cash for the SW1 water main easement through the Shafer
Gravel Pit. (Motion carried 5-0).
C. Friedrich Easement (Reconsideration)
The City offered Mr. Friedrich $5,000 for a water main easement across
his farm. This was to be paid for with $2,760 in cash and a new
bituminous driveway valued at $2,240. Mr. Friedrich would like to
counter the city's offer. He would accept an offer of $5,000 cash and a
bituminous driveway valued at $2,240.
M/S/P Hunt/Dick Johnson - to accept the counter offer made by Irvin
Friedrich at 9434 Stillwater Blvd. N. for $5,000 cash and a blacktopped
driveway at $2240, for a total compensation for water main easement
across said property of $7240 based on the condition that all
compensation will be paid by Ramsey/Washington Counties. (Motion
carried 5-0).
D. Partial Payment #1 to Kenko, Inc. for
SW-1 Construction
LAKE ELMO Crry COUNCIL MINUTES AUGUST 6, 1991 PAGE 6
M/S/P Dick Johnson/Williams - to authorize Partial Payment #1 in the
amount of $165,240.48 to Kenko, Inc. for work completed on SW1 Water
main, contingent upon payment not being made by the city until the funds
are received from Washington County. (Motion carried 5-0).
E. Old Village Drainage update
Tom Prew, City Engineer, provided an Old Village Drainage Plan concept
for constructing a ditch from Laverne Avenue to the VFW Bali field. (See
July 31, 1991 letter from Tom Prew to Council). The estimated
construction cost of this outlet option is $84,000. This is about one-
half of the cost of Option C--the 42" pipe. This plan will be presented
to the property owners affected at the September 3rd meeting.
Filly will prepare an outline on procedures for creating a storm sewer
improvement district.
8. CITY COUNCIL REPORTS:
Mayor Johnson: Municipal Heritage Preservation Commission: item
postponed
Councilman Hunt
Councilman Johnson: Al Dornfeld, Chair of VBWD, has set up a
public informational meeting on Olson Lake Estates for Monday, August
19th at City Hall. At this time Mr. Dornfeld is still working on
obtaining a representative from the PCA and DNR to attend this meeting,
but does have a representative from Soils and the Met Council who can
speak on water quality issues.
The Council agreed to the importance of holding this August 19th public
informational meeting.
Councilman Mottaz
Councilman Williams
EXECUTIVE SESSION:
The City Council called an Executive Session to discuss the Stonegate
rezoning lawsuit at 9:45 p.m. The Council adjourned the Executive
Session and called the Council meeting to order at 11:00 p.m.
9. CITY ATTORNEY'S REPORT:
City Attorney Filla explained to Jim Peterson, developer for Stonegate,
and his attorney, that the conclusion of this Executive Session
discussion was: The City will meet in an Executive Session on August
14th at 6:30 p.m. In the interim the City Attorney will research issues
and have some preliminary discussion with Jim Peterson and his attorney
Fiala expects by the August 14th meeting, the City will decide clearly
on what they intend to do about the lawsuit and that meeting will occur
before the answer is due on the lawsuit.
10. CITY ADMINISTRATOR'S REPORT:
LAKE ELMO CITY COUNCIL MINUTES AUGUST 6. 1991 PAGE 7
M/S/P Hunt/Williams - to postpone consideration of Items 10A and 10F
until a future Council meeting. (Motion carried 5-0).
A. Recodification Proposal - Postponed
B. Harvey Mills, Extension of IR Bond for
Connco Shoes
The City received a request from Harvey Mills, the new owner of the
Connco Shoe Building, for an extension of the Industrial Revenue Bond
issued by the City ten years ago.
Councilman Hunt indicated he would like to review the bond document and
loan agreement.
M/S/P Hunt/Dick Johnson - to postpone consideration on this item until
the August 20th Council meeting in order for the Council to review the
bond document and loan agreement. (Motion carried 5-0).
C. Remodeling at City Office
The City Administrator and Finance Director would like to section off
the office work area so that the Finance Director has a small office.
There is approx. $700 in our building fund, and the Building official
has estimated the cost of material to be $236.19. This estimate does
not include labor, but the Building official, Maintenance Foreman and
volunteers may be willing to do this work.
M/S/P Hunt/Williams - to authorize the City Administrator to spend up to
$300, with labor from the Maintenance Foreman, Building Official and
volunteers, to construct a small office for the Finance Director in the
current City Hall Office. (Motion carried 5-0).
D. Purchase of Truck for Parks Dept.
Mike Bouthilet has obtained several bids, ranging from $9,000 to
$11,000, for a new truck for the Parks Department and his recommendation
is the Dodge 1/2 ton automatic V8 5.2L for $11,000 (plus $715 tax).
Maintenance Advisory Committee suggested that if the City is going to
buy a new truck they would prefer a heavy duty truck. The Committee
recommended the City spend up to $8,000 and see if the Lake Elmo Jaycees
will donate $3,000 to the City for this purpose.
M/S/P Mottaz/Hunt - to authorize Mike Bouthilet, to spend $11,000 for
the purchase of a half -ton Dodge truck from Freeway Dodge providing he
can obtain the excess money over $8,000 (including the $715 tax) from
the Lake Elmo Jaycees (Motion carried 5-0).
E. Tax Abatement Request - Tartan Park
At their August 7th meeting, the Council considered this matter and
( directed the staff to get more detailed information from Washington
County. Scott Renne of the Assessor's office responded to that inquiry.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1991 PAGE 8
(See Memo from Scott Renne to the City dated July 2, 1991). The City
would lose approximately $3,660 in tax revenue, however, as Mr. Renne's
memo indicated, as the course is repaired the valuation will be
increased back tothe original schedule.
M/S/P Hunt/Mottaz - to direct the City Administrator to contact the
assessor's office indicating the Council concurs with Scott Renne's
findings of his letter dated July 2, 1991 for granting this tax
abatement request by Tartan Park. (Motion carried 5-0).
F. Washington County - CTP
item postponed
M/S/P Hunt/Mottaz - to adjourn the City Council meeting at 11:45 p.m.
(Motion carried 5-0).
------------------
Ordinance 8054 Distance for Side Lot Line in RE Zone
Ordinance 8055: Subdivision Displays
Ordinance 8056: Landscape Standards
Resolution No. 91-25 Awarding bid for bituminous overlay Hytrail Ave. N.
Resolution No. 91-26 Call a public hearing for proposed assessment for
bituminous overlay for Hytrail Avenue N.
4. PUBLIC INQUIRIES
Comments submitted by Susan Dunn
August 6, 1991
The people of Lake Elmo are DISTRESSED over the
inappropriate action taken by Mayor Dave Johnson and
Councilman Jess Mottaz when they denied the rezoning
for the Stonegate development near Goose Lake south of
loth Street.
This residential development would have, conservatively,
increased the tax base in Lake Elmo by $15 million.
The landowner has sued the City because of this illegal
denial for rezone.
The costs of the lawsuit will be borne by the taxpayers
of Lake Elmo.
Residents of Lake Elmo should demand public censure of
MAYOR JOHNSON and COUNCILMAN JESS MOTTAZ for their illegal
action.
APPENDIX ih. ddition to 7-16-91 Council Minutes
Submitted,by councilman Todd Williams
also stdted he was
opposed.,the rezoning
and ag 'eed; with the ?49%r.
During a discussion, Mayor Johnson read a prepared statement giving hi(
philoso ny about thi development and stating he would vote against it.
Motta2 .,,.ay�o? I In response to questions directed to him, -the City
Attorney indicate that a Court would look at the existing Comprehensive
Plan and find that "the Comprehensive Plan clearly indicates that this
kind of density is permitted in this area." Councilmen Aunt, Johnson and
Williams called on Mayor Johnson and Councilman Mottaz to support the
rezoning as being consistent with the Comprehensive Plan and warned that
failure of the motion would put the City at legal risk.
APPENDIX B. Addition to 7-16-91 Council Minutes
Submitted by Councilman Jess Mottaz
BOG /e�� aw� SIC• c�U `l
ca--<. --< --
4— PUBLIC INQUIRIES
Comments submitted by Susan Dunn
August 6, 1991
w
The people of Lake Elmo are DISTRESSED over the
inappropriate action taken by Mayor Dave Johnson and
Councilman Jess Mottaz when they denied the rezoning
for the Stonegate development near Goose Lake south of
loth Street.
This residential development would have, conservatively,
increased the tax base in Lake Elmo by $15 million.
The landowner has sued the City because of this illegal
denial for rezone.
The costs of the lawsuit will be borne by the taxpayers
of Lake Elmo.
Residents of Lake Elmo should demand public censure of
MAYOR JOHNSON and COUNCILMAN JESS MOTTAZ for their illegal
action.
APPENDIX , Addition to 7-16-:91 Council Minutes
Submitted- b, Courci_lman Todd Williams
also stated he was
opposed;to the rezoning
and/ageea,with the 14,�or.
During discussion, Mayor Johnson read a prepared statement giving his
philosabout thi development and stating he would vote against it.
Mottazead=ma In response to questions directed to him, the City
Attorney indicated that a Court would look at the existing Comprehensive
Plan and find that "the Comprehensive Plan clearly indicates that this
kind of density is permitted in this area." Councilmen Hunt, Johnson and
Williams called on Mayor Johnson and Councilman Mottaz to support the
rezoning as being consistent with the Comprehensive Plan and warned that
failure of the motion would put the City at legal risk.
APPENDIX B. Addition to 7-16-91 Council Minutes
Submitted by Councilman Jess Mottaz
� II �h .i�0-,tic.-c„c.0 �.yr..z-f.•�t.�(....�� /�'.a,� `� ram! �ZC�,7��'L
I
RESOLUTION NO. 91-27
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE PROPOSED 1991 TAX LEVY AND
SETTING DATE FOR PUBLIC HEARING FOR PROPOSED BUDGET.
Be it resolved by the City Council of the City of Lake Elmo, County
of Washington, Minnesota, that the following sums of money be
proposed to be levied for the current year, collectible in 1992,
upon the taxable property in the City of Lake Elmo, for the
following purposes:
General Fund $680,210
Park Bond 65,000
Landfill Referendum 50,000
Equipment Certificate 61,063
Total Levy $856,273
Be it also resolved, that the Public Hearing for the Proposed
Property Taxes for 1992 be held on Tuesday, November 19, 1991, at
7:30 p.m. at a regular council meeting.
The city clerk is hereby instructed to transmit a certified copy of
this resolution to the county auditor of Washington County,
Minnesota.
Adopted by the City Council on August 20, 1991.
David Johnson, Mayor
ATTEST:
Mary Kueffner, City Administrator
WASHINGTON COUNTY
OFFICE OF THE AUDITOR -TREASURER
PAYABLE 1992 TRUTH IN TAXATION
CERTIFICATION FORM FOR CMES/TOWNS
District Name:
Public Hearing Date:
Time of meeting:
Place of meeting:
Continuation Date:
CITY OF LAKE EL110
7:30 P.M.
City Council Chambers
3800.Laverne Ave. No. -Lake Elmo, Tad
The "Notice of Proposed Property Tax" sent to each taxpayer contains the following
Information about where to send comments and/or review a copy of your proposed
budget. Please provide it as you want it to appear on that notice:
Name or Title: Citv of Lake Elmo
Address: 3 800 Laverne Ave. No.
Lake Elmo TIN 55042
Phone number: (612) 777-5510
Proposed Pay 1992 Levy: Debt* $ 680,210
(*please provide detail of debt levy by bond on an additional sheet)
Other 176,063
Total $ 356,273
Signature of person
completing this form:
Title: Finance Director'
Phone number: (612) 777-5510
Date: 3- 21- 91