HomeMy WebLinkAbout06-02-92 CCMMINUTES APPROVED: 6-16-92
MINUTES ISSUED: 7-3-92
LAKE ELMO CITY COUNCIL MINUTES
JUNE 2, 1992
Mayor Johnson called the meeting to order at 7:03 p.m. in
the Council Chambers. Present: Mayor Johnson, Hunt
(arrived 7:30 p.m.), Dick Johnson, Mottaz, Williams, City
Engineer Prew, City Attorney Filla and Administrator
Kueffner.
1. AGENDA
Add: 10E. Change of Depository,
8. EXECUTIVE SESSION with City Attorney
2. MINUTES: May 5, 1992
M/S/P Dick Johnson/Mottaz - to approve the May 5,1992 City
Council minutes as amended. (Motion carried 4-0).
MINUTES: May 18, 1992
M/S/P Williams/Dick Johnson - to approve the May 18, 1992
City Council minutes as presented. (Motion carried 4-0).
3. CLAIMS
M/S/P Williams/Mottaz - to approve the June 2, 1992 claims
#603 thru #635 as presented. (Motion carried 4-0).
4. PUBLIC INOUIRIES/PUBLIC INFORMATION:
A. Public Inquiries
Rick Sanders, 9038 Jamaca Ct. N., asked when will his yard
and the street be cleaned up from the water installation.
Tom Prew responded the lawn will be restored and street
repaired by Friday. Mayor Johnson indicated if the repairs
are not made by this date, Mr. Sanders is to notify him.
Steve DeLapp asked two questions:
1. Last week Mayor Johnson called Pete Schiltgen, property
owner in Lake Elmo, told him to forget about the prospect of
a city drainfield going onto his property to the east. The
Mayor had arranged for the White Hat to take the new
drainfield.
2. The Mayor had met with the Historical Preservation
Commission, stated he was the liaison to the City Council,
and proceeded to tell them about Robert's Rules of Order.
LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 2
Is this true? If it is true, how come after 1 1/2 years the
rest of the Council continues to have these things happen?
Mayor Johnson explained he did have a conversation with Pete
Schiltgen to find out if he has been notified of the option
of installing a drainfield in his corn field. Schiltgen
said he read about it in the newspaper and had no idea of
it. Mayor Johnson told Mr. Schiltgen that the city engineer
had told him that he had conversations with his attorney and
we have done perk tests. "If Mr. Schiltgen has some idea
that I'm suggesting to him that his property is sacrosanct
and everything is going onto the White Hat property, he is
mistaken. Although I do feel there are alternatives to
Pete Schiltgen's;s property. I was also dishearten to find
out Pete Schiltgen, himself, had not been talked to about
this drainfield project and hope that has been corrected."
As to the first meeting of the HPC, he acted as liaison from
this group and that was because there was nobody from our
city staff present. He felt it would be necessary for some
representative from the City to be there and let them know
there are ways of functioning. As to Roberts Rules there
are rules of procedures they must follow. This is the first
committee in the City to not have a recording secretary.
Mayor Johnson invited anyone in the City who has an interest
in history, preservation of artifacts, buildings,
architecture to join this group.
Councilman Mottaz stated anyone could have attended the HPC
meeting and was thankful we had a council representative at
the meeting.
Councilman Johnson indicated the HPC was an open meeting and
any one of the council members could have attended. He was
appointed by the Council and serves as liaison to both the
MAC and Solid Waste Commission and reports back to the
Council.
Councilman Williams indicated he had no problem with the
Mayor or anyone attending the HPC meeting, but had a concern
about the Mayor representing himself as a liaison of the
Council when they had not acted officially upon this. The
MAC committee does not have a staff secretary and he (Todd)
does support the HPC not having a staff secretary if they
can get along without it.
LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 3
B. Cimarron residents requesting support for
County owned (H.R.A.) Park
Ray Press, Chairman of the Cimarron Manufactured Homes Parks
Purchasing Committee, requested the City's support in their
efforts to work with the Washington County HRA to convert
the park to a county ownership. There are 24 couples on
this committee to help enable them to make this happen and
have 300 signatures in support of this conversion. They
feel the advantage of this happening would give them more
security in the future in that the land would not be sold
for other uses. The rent would stabilize and could lessen
the depreciation of their homes having the security of
knowing that the park will stay a Manufactured Home Park.
It would give the residents a greater voice in the
management of the property and get more involved in the
community. It will also help them put the park back or
improve the park to a clean, neat community that they would
be proud of.
Dennis Balyeat, Exec. Director of HRA, explained that HRA
policy mandates it cannot pursue a property without being
invited in by the city government. A formal joint powers
agreement would be signed if the project goes through. The
project would give the community more control over the
property. There's not a general obligation risk to either
the city or the county. The invitation to the HRA is non-
binding, but a formal council resolution would be necessary
for HRA to carry out bonds.
M/S/P Williams/Mottaz - the City Council of Lake Elmo
officially invites the Washington County HRA to begin
negotiations with the owner of the Cimarron Manufactured
Home Park. (Motion carried 5-0).
The City Attorney asked the HRA provide a sample resolution
and development agreement they would like the city to adopt.
Filla made HRA aware the City has a Park Conversion
Ordinance and how this will be impacted by this process.
Councilman Johnson asked that the staff keep records on all
costs the city incurs involved with this transaction because
Mr. Balyeat, Dir. of HRA, stated that these costs are
reimbursable to the city.
C. Gary Bance & residents regarding Derrick Lots
on DeMontreville & Highlands Trail
Gary Bance and other Lake Elmo residents voiced their
concern on the buildability of the Derrick lots because this
was a swamp and filled in and now drainage is going into a
neighbor's pond.
LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 4
The Council received a letter from the Water Quality
Division of the Minnesota Pollution Control Agency.
The City Attorney explained the developer was allowed to
install a subsurface drainage system according to plans and
specs approved by the City's consulting engineer and under
the engineer's supervision. If that occurred and the tests
passed, the city would issue building permits. If the tests
did not pass, then the City would not issue building
permits.
Tom Prew, city engineer, added that plans were submitted by
Derrick and approved by the City Engineer. In the Spring
Derrick went ahead and installed the draintile system and
was monitored during the spring as in the agreement. It was
apparent that two lots were not going to pass. After the
Memorial Holiday weekend, he got a call that the contractor
was digging and bringing in sand. Prew talked to Derrick's
engineer, Barr engineering, who said they dug out the front
of lots, put in sand because the clay was higher toward the
front and felt if they dug it out this would help it drain
out. This was done without a plan and without notifying the
City, therefore. the agreement is void.
Jim McNamara, Building Official, reported he asked the
operator of the shovel if they got a permit to do this work
and the operator was not aware of having a permit. When he
found out from Tom Prew that they did not have approval from
TKDA, he filed a formal complaint with the Prosecuting
attorney. Jim also talked to Barr Engineering and they
weren't sure if they got permit. At this time, Mound 1 has
passed, but final determinations have not been made on Mound
2,3,4. When asked if this work that has been done would
have an impact on the drainage of Lot 1, Jim stated this
work would not impact this lot.
The attorney suggested the city not issue any building
permits for Lots 1-4 until matters get resolved.
M/S/P Mottaz/Dick Johnson - to direct the city attorney,
building inspector, city engineer research this matter and
determine if they (Derrick) has violated the agreement, to
not issue any building permits for Lots 1-4 until matters
are resolved and request the staff report back to the City
Council before they instruct the attorney to send a letter.
(Motion carried 5-0).
Gary Bance reported he had checked with the Army Corps of
Engineers regarding reclaiming wetlands and these lots would
meet their criteria and asked if the City would pursue this.
LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 5
5. OLD BUSINESS:
Councilman Mottaz asked if there was a response to the
letter from Thomas P. Armstrong to Jim McNamara dated March
31,1992 regarding their CUP. This letter was referred to the
City Attorney and an answer will be brought to the next
council meeting.
6. PLANNING/LAND USE & ZONING:
A. Comprehensive Plan Amendment (MUSA Extension)
Councilman Williams stated he has insisted the city get an
escrow fund from United Properties before proceeding with
this application. The City has received this escrow fund,
therefore, he supports proceeding with this application.
The changes he had were minor, except for Page 5, Paragraph
with heading Metro East Coalition. Even though this was in
our original MUSA application, he finds that it has no
relevance then and now, and would like to see it deleted.
M/S/P Williams/Dick Johnson - to delete paragraph in its
entirety on Page 5, METRO EAST COALITION. (Motion carried
5-0).
Councilman Mottaz questioned, Page 11, the trip generation
statement 114.6 trips per employee" under TRANSPORTATION
IMPACT.
Mayor Johnson questioned, Page 9, The interceptor does lie
in Lake Elmo, south side of service road by Connco Shoes.
This should be checked into.
M/S/P Mottaz/Dick Johnson - to direct the City Administrator
to take this DRAFT Major Comprehensive Plan amendment, as
amended, to the Metropolitan Council. (Motion carried 5-0).
B. Resolution No. 92-10,
Final Plat Approval: Fox Fire Manor
The Council received a request from Larry Liles that the
final plat of Fox Fire Manor be approved with the existing
road construction standards and he not be required to revise
the plans and specs according to the new road standards.
Prew stated the street width and design are the same, the
change is instead of 2" of blacktop and 6" of gravel we
require 3" of blacktop and 12" of gravel.
LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 6
Attorney Filla pointed out the City should also consider
what is going to happen in Rolling Hills. Are you going to
have certain street standards for Fox Fire Manor and a
different one for Rolling Hills because Rolling Hills has
not yet been approved.
Amendments to Resolution 92-10:
1. The developer and the City shall execute a developer's
agreement and developer shall deposit such security with the
city in the amount as determined by the City engineer, and
in a form as approved by the City Attorney.
3. The developer shall provide a current title binder for
4. The developer shall provide a legal description for...
Add as 5th Paragraph: BE IT FURTHER RESOLVED, that the
Final Plat shall not be executed by the city until the above
conditions have been satisfied.
M/S/P Williams/Dick Johnson - to approve Resolution No. 92-
10, as amended, A Resolution granting Final Plat approval to
Fox Fire Manor subject to developer meeting all conditions
set forth in said resolution. (Motion carried 5-0)
C. Resolution No. 92-11
Final Plat Approval: Stonegate
The Council made the following changes:
Add to developer's agreement on Page 5, 11. RESTRICTIVE
COVENANTS: ....Linder's Greenhouse, and an airstrip for
small aircraft... These uses may involve sites, sounds, and
smells which may be offensive to some persons. ........
Change number of two to one building permit allowed.
Peterson indicated he didn't want any building permits
before the Plat is recorded.
Amendment to Resolution No. 92-11:
1. The developer and the city shall execute a developer's
agreement and developer shall deposit such security with the
city in amount as determined by the city engineer and in a
form as approved by the city attorney.
2. ..Any remaining park dedication will be a
combination of land (trails) and cash to meet code
requirements.
3. The developer shall provide a current title binder
for...
LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 7
4. The developer shall provide a legal description for...
mortgagee's interest; and legals and easements for
additional cul-de-sac areas.
Add 5th paragraph: BE IT FURTHER RESOLVED, that the Final
Plat shall not be executed by the city until the above
conditions have been met.
M/S/P Hunt/Williams - to adopt Resolution 92-11, as amended,
granting final plat approval to Stonegate-Phase I, and
incorporating the amended development agreement subject to
developer meeting all conditions set forth in said
resolution. (Motion carried 3-2: Mottaz: His reasons for
voting "no" are printed in the April 21st minutes, Mayor
Johnson: His reasons would be a second to the same reasons
stated in the April 21st minutes)
Discussion on extent to which we
excavate and develop land before
been approved will scheduled as
Business for the next agenda.
D. Old Bank Building
allow developers to
Final Plat approval has
an agenda item under Old
Attorney Filla reviewed the correspondence of Mr. Gabriel
dated March 6, 1992 and has been contacted by Mr. Herreid
regarding the encroachment of the Old Lake Elmo Bank
Building on the right-of-way for 34th Street N. The
property owner has requested that the city take action to
allow the encroachment or to resolve a title problem which
is created by the encroachment.
Councilmen Mottaz and Hunt favored Action No. 2 stated in
the City Attorney's letter dated May 20, 1992, leasing a
portion of the right-of-way to the property owner for $1
Year over an indefinite period of time.
City Attorney will convey what the city is inclined to do.
E. Speed Signs on County Road 13 (Olson Lake Trail)
On October 14, 1992 the Tri Lakes Improvement Assn.
requested that the speed limits be lowered to 35 miles per
hour on the entire road from 50th to Highway 5. Ken
Sovereign, Tri Lakes Improvement Assoc., indicated in his
letter dated May 24, 1992 that this request was ignored and
the speed limits were increased without notice to anyone.
The City received a letter from Roy H. Brogren, 4769 Olson
Lake Trail N., indicating his outrage at the new speed limit
increase from 35 to 40 mph and urged the city to review the
data on which this change was based.
LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 8
Councilman Mottaz questioned the criteria set up for setting
( speed limits and asked why didn't the County bring their
findings to the city? The Administrator explained that one
of the ways limits are set is to determine how fast 85
percent of the people would drive on that stretch, given the
construction and conditions of the road, even if there
wasn't a sign posted.
M/S/P Williams/Mottaz - to direct the city staff to write a
letter to our Washington County Commissioner, Mary Hauser,
and request she attend the next council meeting and explain
the reasoning behind this speed limit increase and the
reason why neither she nor any other representatives from
Washington County informed the Lake Elmo City Council of
this proposed speed increase before it went into affect.
(Motion carried 5-0).
Barb Walsh asked if she could be notified of this meeting
and she will inform other interested residents.
F. Request for Sign by Lake Elmo Jaycees
Rick Schultz, co-chair of sign project, stated the Lake Elmo
Jaycees are looking at erecting a sign welcoming people to
Lake Elmo. The owner of the White Hat Restaurant has been
approached about donating a piece of land next to Highway 5
for placement of the sign.
M/S/P Mottaz/Williams - to instruct the city administrator
to draw up a DRAFT amendment to the sign ordinance to allow
public information sign. (Motion carried 5-0).
The Council liked the idea of a sign, but would have to find
a way to allow it. Questions the Council had: Is the White
Hat going to grant fee title to the Jaycees? While the White
Hat can convey title to any piece of property they own, is
there any problem if there is a 10' x 10' property that can
only be used for some kind of public information sign? How
much fill will be needed? Who will do the perpetual
maintenance? Council wants the authority to approve what
the sign says. The Council asked that Mr. Schultz come in
and talk to our staff when he is ready.
7. CITY ENGINEER'S REPORT•- No Report
M/S/P Dick Johnson/Williams - to adjourn the council meeting
to an Executive Session to discuss current litigation
involved with Section 32/33 annexation and with Jamie Olson.
(Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 9
8. CITY ATTORNEY'S REPORT:
EXECUTIVE SESSION:
M/S/P Hunt/Williams - to adjourn the executive session at
10:32 p.m. and resume the Open Session of the City Council
meeting. (Motion carried 5-0).
9. CITY COUNCIL REPORTS:
A. Mayor Johnson
Mayor Johnson submitted a letter to the Council from himself
and Councilman Mottaz requesting the Municipal Board look at
a parcel of property that was created by result of their
decision in Section 32/33 that formed an island of Oakdale
property within the corporate boundaries of Lake Elmo.
Councilman Williams agreed with the Mayor that the current
situation is not a desirable one and that the Municipal
Board was not justified in creating this situation and they
should undo it in the way suggested in the letter. Based on
the Municipal Board's previous actions, he voiced his
concern when faced with a specific request they could
transfer all of the Lake Elmo property into Oakdale.
Councilman Mottaz indicated regardless which way it goes,
the situation would be resolved. He does not want to give
up Lake Elmo property, but yet doesn't want to have to
continue with this patchwork mess that we got. Also, what
needs to be resolved are the streets, Helmo Avenue, Ideal,
Immanuel, Angels Drive are still in Lake Elmo. Who is
responsible for maintaining these streets and what happens
if there is an accident because of lack of maintenance.
Administrator Kueffner stated she had sent the State Highway
Dept. a letter requesting they maintain their neutral
position, but will send a follow-up letter indicating the
city understands what is going on and would appreciate the
State maintaining their neutral position.
Councilman Hunt asked the city attorney review the citings
stated in the letter and make sure they are correct. Mayor
Johnson will work with the city attorney in changing the
letter into a Resolution format. Any action on this will
wait until the MUSA question is resolved.
M/S/P Mottaz/Dick Johnson - that the Mayor work with the
City Administrator and when necessary with the City Attorney
to draw up a resolution based on the Mayor's memo and
prepare the resolution to be presented to city council after
we have a determination on our MUSA Extension request.
(Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 10
Heritaae Preservation Commission:
Mayor Johnson reported the HPC will be meeting the first
Monday, 7:00 p.m. of each month and requested they meet with
the City Council to review their work plan at the Council
meeting on July 21st. The city staff will meet with the
acting chair, secretary on Wednesday, 1:00, to review the
process of agendas, mailing notices and minutes.
Lake Problems:
Mayor Johnson reported he has had a number of calls on
problems on our city lakes; such as, traffic on the lake,
skiing after dark, creating wakes before noon, muffler noise
of boats. There are problems with parking in "No parking"
areas by the DNR access on Lake DeMontreville. He asked the
council give some thought on some means of legally providing
services on the lakes on the weekends to enforce our
ordinance. The City Administrator suggested the Council
bring this up to Commissioner Hauser when she attends the
next council meeting.
10. CITY ADMINISTRATOR'S REPORT:
A. Recycling Agreement
M/S/P Williams/Hunt - to accept the 1992 contract with
Washington County and authorize the city administrator to
sign it on behalf of the city. (Motion carried 5-0).
B. Parks Vacancy
The Parks Commission has received the resignation of Scotty
Lyall and they recommended that Judy Blackford be appointed
to the Second Alternate Position and Tony Collette be moved
up to a First Alternate.
M/S/P Williams/Hunt - that the Parks Commission
recommendation be followed and Judy Blackford be appointed
to Second Alternate position because her application was
dated first and that Barbara Tuckner be notified that her
application will be on file and considered for the next
vacancy. (Motion carried 5-0).
C. Lake Elmo Business Association - Informational
The City received a memo from the Lake Elmo Business
Association noting that a group of Lake Elmo Business people
are trying to find out if there is enough interest in the
area to renew this association.
LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1992 11
D. Recodification proposal from League of Minnesota
Cities
The City received a quote of $5,822 for codification of the
City of Lake Elmo's ordinance by the League of Minnesota
Cities. This quote is based on an estimated 190 hours of
work, plus miscellaneous supplies and travel expense for two
trips to Lake Elmo. The new code would be their model with
only those of our present ordinances which we request to
keep. The zoning/building portion of the Code would be
constitutionally and statutorily updated, as would the
entire code.
Councilman Williams voiced his concern on the new code being
their model and losing the unique provisions of Lake Elmo's
character because of a generic League of MN cities model
code.
M/S/P Hunt/Mottaz - to accept the quote from the League of
Minnesota Cities in the amount of $5,822 for recodification
of the Lake Elmo Municipal code. (Motion carried 5-0).
E. Change of Depository
M/S/P Hunt/Mayor Johnson - to adopt the non -corporate
resolution by Royal Alliance naming Marilyn E. Banister
authorized to sell, assign and endorse for transfer,
certificates representing stocks, bonds or other securities
now registered or hereafter registered in the name of the
City of Lake Elmo. (Motion carried 5-0).
M/S/P Hunt/Williams - to appoint Royal Alliance as a City of
Lake Elmo depository. (Motion carried 5-0).
M/S/P Williams/Mottaz - to adjourn the city council meeting
at 11:30 p.m. (Motion carried 5-0).
-------------------
Resolution No. 92-10, Granting Final Plat Approval to Fox
Fire Manor
Resolution No. 92-11, Granting Final Plat Approval to
Stonegate-Phase I.
We the undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in the effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for affor4able housing now and in the future and to work
with the HRA in duK effort to do so.
Name
Address
Phone
063
ls�Z3
1,7
I OAU_
We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for afforlable housing now and in the future and to work
with they HRA in SvI4_effort to do so.
Name
Address
Phone
;I yod,
We the, undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in the; effort to convert Cimarron Man—
ufactured Home Community to a Non —Profit Resident controlled comm—
unity for afforfable housing now and in the future and to work
with the. HRA in �Ifjj; effort to do so.
Name Address Phone
EAf' (�ey
We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man—
ufactured Home Community to a Non —Profit Resident controlled comm—
unity for affortable housing now and in the future and to work
with they HRA in 09(f effort to do so.
Name
Address
Phone
We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for afforlable housing now and in the future and to work
with they HRA in 69(f effort to do so.
Name
C
Address
L? `I
Phone
LD
We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for afforlable housing now and in the future and to work
with they HRA in #re effort to do so.
Name
Address
Phone
lj�_
t' We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man—
ufactured Home Community to a Non —Profit Resident controlled comm—
unity for affortable housing now and in the future and to work
with they HRA in are effort to do so.
Name Address Phone
We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for affortable housing now and in the future and to work
with they HRA in are effort to do so.
Name Address Phone
7
J
We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for affortable housing now and in the future and to work
with they HRA in are effort to do so.
Name Address Phone
We thet undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in the effort to convert Cimarron Man—
ufactured Home Community to a Non —Profit Resident controlled comm—
unity for affortable housing now and in the future and to work
with the, HRA in are effort to do so.
Name Address Phone
7 `/` 3 `/7v
="� �� 2 jai -?Ira � s /i3� -
We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man—
ufactured Home Community to a Non —Profit Resident controlled comm—
unity for affortable housing now anal in the future and to work
with they HRA in are effort to do so.
Name Address Phone
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We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in thejeeffort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for affortable housing now and in the future and to work
with the4f HRA in are effort to do so.
Name Address Phone
We the undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in the effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for affortable housing now and in the future and to work
with the HRA in O(A, effort to do so.
Name Address Phone
i t _
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We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for affortable housing now and in the future and to work
with they HRA in are effort to do so.
Name Address Phone
We the undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in the effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for affortable housing now and in the future and to work
with the HRA in are effort to do so.
Name Address Phone
0
We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for aff.ortable housing now and in the future and to work
with they HRA in are effort to do so.
e
Address
Phone
We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for affortable housing now and in the future and to work
with they HRA in are effort to do so.
Name Address Phone
!C i.y/�l t!J Irt C�''�� 77 �c rr>�Ulc�� '�a` ���'�
We they undersigned being Residents of Cimarron Manufactured
Home Community here by sign this petition in asking for the support
of the City of Lake Elmo in they effort to convert Cimarron Man-
ufactured Home Community to a Non -Profit Resident controlled comm-
unity for af£ortable housing now and in the future and to work
with they HRA in are effort to do so.
Name Address
Phone
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0y7rIL 5lle,..
X
List of Claims for Approval
For the period 65/29192 to 06/02/92 05/29/92
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
LEAGUE OF MN CITIES
JUNE INSURANCE PREMIUM
06/02/92
603
2,432.25
101-41600-130
1,275.72
100-42400-130
334,81
100-43100-130
821.72
MINA. BENEFIT ASSN.
JUNE INSURANCE PREMIUM
06/82/92
664
660,95
100-9150A-130
57,37
110-43100-130
503.58
ALLIED GROUP INSURANCE TRUST
JUNE PREMIUM
66/12/92
605
10.16
100-41500-130
10.06
BELLAIRE SANITATION
CLEAN UP DAYS 15-30 YARDS + 4TIRES
06/02/92
616
3,778.00
101-43100-384
3,778.00
TNT RECYCLINO
APRIL RECYCLING
06//2192
507
3,948.12
100-43201-318
2,296.12
803-43200-318
1,652.10
DANNY OLINGER
COMPOST WORKER
86/62/92
608
93.50
100-43200-317
93.50
TACKE, CARL
MAY COMPOST WORKER
06102/92
669
100.00
100-43200-317
lot./0
FRIEDRICH, BEN
MAY COMPOST WORKER
06/62/92
610
75.00
180-43200-317
75.06
NICHAEL SMITH
COMPOST WK S ANIMAL CONTROL OFFICER
06/02/92
611
740.00
191-43200-317
150.it
100-42700-110
590.00
D.C. HEY CO.
COPY MACHINE MAINT. CHARGE
06/02/92
612
228.17
100-41500-206
228.17
F.X.L „ INC.
JUNE ASSESSOR
06/02/92
613
1,100.60
100-41650-300
1,100.00
U. S. WEST
96/82/92
614
382.67
IDO-4150E-320
253.09
100-42200-320
79.09
100-431DO-320
50.49
A T 6 T
06102/92
615
48.63
101-42208-320
19.55
100-43100-320
29.08
k G T
OFFICE PHONE MAINT,
06/02/92
616
59.96
100-41500-320
59.96
NORTHERN STATES POWER CO
06/02/92
617
1,557.65
110-41500-380
125.34
100-42200-380
160.99
100-43100-380
123.79
100-43160-380
744,87
100-45200-380
113.61
601-49400-300
274.35
602-49450-380
14.70
UNIFORMS UNLIMITED
FIRE DEPT UNIFORMS
06102/92
618
25,59
100-42200-218
25.50
ROAD RESCUE INC
FIRE DEPT SUPPLIES
06/02/92
619
98.27
100-42200-217
98.27
JAMES SACHS
MARCH D APRIL RUN REPORTS
06//2192
620
115,10
100-42200-200
116,08
CELLULAR ONE
FIRE DEPT CELLULAR PHONE
06/62/92
621
10.92
100-42200-320
10.92
MINN.CONWAY FIRE 6 SAFETY
FIRE DEPT SUPPLIES
06/02/92
622
268.36
100-42200-217
260.85
ROSEVILLE RADIO
FIRE DEPT RADIO REPAIR
96/02192
623
24.25
160-42200-323
24,25
GENERAL SAFETY EQUIPMENT CO.
REPAIR WATER TANK ON PUMPER 3174
16102192
624
751.50
140-42200-220
751.50
GREG MALMQUIST
PARKING R MILEAGE IAAI CONFERENCE
06/02/92
625
64.00
100-42200-207
64.10
MILLER EXCAVATING
CLASS 5-PAD BY LINGERS G CITY
06/02/92
626
5,794.02
100-43100-226
390.86
803-43180-228
5,403.16
T.A. SCHIFSKY 6 SONS
BLACKTOP PATCHING
06/02192
627
43.34
100-43100-407
43.34
SHIELY CO.
6"RIP RAP EROSION CONTROL
16102/92
628
388.64
100-43100-224
388.64
M B INDUSTRIAL SUPPLY CO.
MAINT,DEPT. SUPPLIES
06/02/92
629
65.95
180-43100-223
55.95
FOX VALLEY SYSTEMS, INC.
MAINT.OEPT.SUPPLIES
96/02/92
630
59.78
100-43100-223
59.78
RUFFRIDGE JOHNSON
MAINT.OEPT.SUPPLIES
86/02/92
631
192.07
100-43100-223
102.07
ROUTSON MOTORS
MAINT DEPT PARTS R REPAIR
06/12/92
632
148.00
100-43100-221
148.00
ELMER'S REPAIR
MAINT.DEPT. CHAIN SAW SHARPEN
06/02/92
633
48.90
108-43100-223
48.90
'NESS FORMS 6 ACCOUNTING
WATER FD- 4 YR SUPPLY WATER BILLS
06/02/92
634
324.34
601-49400-200
324.34
RITE CONTROLS, INC.
WATER FO - CHEMICALS
06/62/92
635
360.40
601-49400-210
360.40
TOTAL FOR MONTH
23,798.70
23,798.70
or.WW.«
OVARTWM , Minnesota pollution Control Agency
PHMA 296-8762
GATE May 27, 1992
TO : File
Rou Lori L.C. Frekot/Mask Wespetai�Mw
NSS
Water quality Division
sun.mcT Lake Elmo Onsites
STATE OF NI MSOTA
office Memorandum
Lori L.C. Frekot and Mark Wespetal from the Minnesota Pollution Control Agency
(MPCA) visited four undeveloped lots in Lake Elmo on May 27, 1992: lots #1,2,3
and 4 in the development near Lake Demontreville on Highland Trail, Jim
McNamara building inspector from the city of Lake Elmo also attended. This
memo identifies what was observed, discussed and provides follow-up comments.
OBSERVATIONS
Elevated mounds have been constructed on each of the four homesites observed.
Curtain drains have been installed between and around the four undeveloped
sites. The curtain drain discharges to a catch basin which discharges to a
wetland. No water was draining at the time of the inspection,
A few shadow probe tests were done to evaluate the fill and the natural soils
in the area. Probe tests in the fill could only go down a few inches because
of compaction, but the fill is appears to be clean sand. No jar test was done
to determine the amount of fines. Probe tests in the natural soils near the
park indicated a water table at the surface.
Water measurements in the three piezometers on lot #3 indicated essentially no
water in the drains.
DISCUSSIONS
We discussed the situation with Mr. McNamara. In summary, a contractor
installed sand mounds on top of approximately 12' of swampy material. Water
was draining from the streetside portions of the mounds so curtain drains were
installed. Seepage still occurred and the curtain drains were reconstructed.
Since that time, water level testing inthe curtain drains has been below the
3' required separation distance to the proposed drainfieid. Measurements of the
curtain drains have been taken by the city and TKDA. No data was at the site
for our visit.
Last week, the contractor came to the site and replaced portions of the sand
mounds. The city was not informed and has filed a complaint to'the city
attorney. TKDA (the city's consulting firm) has recommended that the fill
material go through one freeze/thaw cycle before soil testing and construction
can begin.
Homeowners in the area are concerned that the curtain drains will collect
partially treated or raw sewage and discharge it to the park.
a'd ndno-'jium/ADou iaio Hoiin-riOd kiw Wdvs:vo 2s, is wnr
Mr. McNamara provided information regarding city requirements. They include:
conformance with Minnesota Rules Chapter 7080 for the the design, location,
installation, use and maintenance of individual sewage treatment systems,
managing building and sanitary permits, requiring certified people to be
involved in site evaluation, design and construction, and requiring at least one
boring and one percolation test per site.
Mr. McNamara indicated that the city does not get involved in determining
whether a site is "buildable" or not until a building permit is requested (the
MPCA defines buildable as "can it accept an onsite system"). When the building
permit is requested, the city then requires a soil boring and percolation test
to be completed. Variances to 7080 would be processed through the city if
requested.
COMMENTS
Minnesota Rules Chapter 7080 were written with the intent to install onsite
systems on natural, undisturbed soils. Tests have been done to indicate sizing
requirements for different types of soils. Onsite systems placed on fill have
not been tested and standards have not been developed. That does not mean that
systems placed on fill will not work, but it does mean that you are taking and
accepting a risk. Apparently the developer has decided to take the risk but
is reducing the risk by installing curtain drains and using clean sand as fill.
Curtain drains, although routinely used, have not been shown to eliminate
problems caused by high groundwater tables. Curtain drains (drain tiles) work
well in farmer's fields because they are built to slightly lower the
watertable. New crops need only a few inches of unsaturated soil to begin
growing. To obtain treatment in an onsite system, Chapter 7080 requires a three
foot separation between a limiting soil characteristic, like watertable or
bedrock, and the bottom of an onsite system. Design of a curtain drain system
must be done by an experienced designer. Mr. McNamara indicated that TKOA has
been responsible for the design. The MPCA routinely recieves calls about
curtain drains and would be interested in adding TKDA's design and piezometer
data to our technical files.
Based on our observations, the curtain drain was of sufficient distance and
sufficient depth (providing the onsite system is built with.a 3' separation)
such that the tile should not carry untreated sewage unless saturated soil
conditions occur. Mr. McNamara does not have building and onsite designs yet,
but expects either shallow drainfields or mounds to be built with the drain at
least ten feet from any installed onsite system.
If there are suspicions of sewage in the tile discharge, the discharge should
be tested for fecal coliforms. There should be no evidence of fecal coliform
in the discharge. Discharge of sewage to the ground surface is considered a
public nuisance and can be enforced under Public Nuisance Laws. The problem
occurs in determining who is responsible for the discharge (an evaluation of
each onsite system would have to be done) and what can and will be done about
it. It would be best at this time to discuss the design details with the
consulting engineer at TKDA to see how the curtain drains have been designed
and to raise the concern with the city so any possible building or sanitary
permits watch for designs where the onsite system has been placed in an area
without sufficient
locationiof.theeonsntessystema1so not allow further
If mounds are built, we recommend conducting a jar test as defined in the
definitionagrequiredmfor mounds.nt Manual toCertifiedhpersonnelaaremfamiliar withclean
thissand
test and the need for clean sand. Unclean sands will inhibit the wastewater
from travelling through the soils, causing seepage or drainage out of the side
of the mound.
E'd 71-lno-8ium,/Aoou iaio Hoiin-nod NW WdSS:t7O 76, TO wnf
There is a concern that water from the swampy area may be mounding up below the
fill or there may be a restrictive area in the sand which does not percolate
water. If so, it could cause cause hydraulic problems in wet years. This
cogent is made based on Mr. McNamara's observation of seepage out of the sand
mounds at an unnatural level. Again, the TKDA consultant should be considering
this during curtain drain design. Isolated seepage during unusual wet years
may occur,
Mr. McNamara also expressed a concern about the structural stability of a
building placed on a swamp. This issue should be addressed during building
design and permit.
b•d 7uno-alum/AosH -Nio Hoiin 1-iOd Hw Wd9S:P@ 26, TO Hnf
Since we do not have time to discuss every point presented, it may
seem that decisions are preconceived. However, background information is
provided for the City Council on each agenda item in advance from City
Staff and appointed Commissions; and decisions are based on this
information and past experiences. In addition, some items may also have
been discussed at previous Council meetings.
If you are aware of information that hasn't been discussed, please
fill out a "Request to Appear Before the City Council" slip; or, if you
came late, raise your hand to be recognized. Comments that are pertinent
are appreciated. Items requiring excessive time may be continued to
another meeting.
LAKE ELMO CITY COUNCIL MEETING
JUNE 2, 1992
7:00 P.M. MEETING CONVENES
1. AGENDA
2. MINUTES: May 5, 1992
May 18, 1992
3. CLAIMS
i 4. PUBLIC INQUIRIES/PUBLIC INFORMATION
A. Public Inquiries
B. Cimarron residents requesting support
for County owned (H.R.A.) Park
C. Gary Bance & residents regarding Derrick
Lots on DeMontreville & Highlands Trail
5. OLD BUSINESS
6. PLANNING/LAND USE & ZONING:
A. Comprehensive Plan Amendment (MUSA Extension)
B. Resolution No. 92-10
Final Plat Approval: Fox Fire Manor
C. Resolution No. 92-11
Final Plat Approval: Stonegate
D. Old Bank Building
E. Speed Signs on County Road 13 (Olson Lake Trail)
F. Request for Sign by Lake Elmo Jaycees
G. Other (over)
7.
CITY
ENGINEER'S
REPORT:
8.
CITY
ATTORNEY'S
REPORT:
9. CITY COUNCIL REPORTS:
A. Mayor Johnson
B. Councilman Hunt
Johnson
Mottaz
Williams
10. CITY ADMINISTRATOR'S REPORT:
A. Recycling Agreement
B. Parks Vacancy
C. Lake Elmo Business Association
D. Recodification proposal from
League of Minnesota Cities
E. Other
10. ADJOURN