HomeMy WebLinkAbout08-04-92 CCMMINUTES APPROVED: 8-18-92
MINUTES ISSUED: 8-28-92
LAKE ELMO CITY COUNCIL MINUTES
AUGUST 4, 1992
Mayor Johnson called the city council meeting to order at
7:02 p.m in the city council chambers. Present: Mayor
Johnson, Dick Johnson, Mottaz, Attorney Filla, City Engineer
Prew and Administrator Kueffner. Absent: Hunt, Williams.
1. AGENDA
Add: 8A. Set Budget Meeting, 8B. Sewer in Old Village, 9.
Resolution on bike trail concept.
Delete: 7A(1) & (2).
M/S/P Dick Johnson/Mottaz - to approve the August 4, 1992
City Council agenda. (Motion carried 4-0).
2. MINUTES: July 21, 1992
M/S/P Mottaz/Dick Johnson - to approve the July 21, 1992
City Council minutes as presented. (Motion carried 3-0).
3. CLAIMS
M/S/P Dick Johnson/Mottaz - to approve the August 4, Claims
W791 thru W816 as presented. (Motion carried 3-0).
4. PUBLIC INQUIRIES/INFORMATIONAL
A. Harriet McPherson/Ken Morris
Harriet McPherson introduced Ken Morris, the IR (56B)
endorsed candidate in this area.
B. ReAPP Report
ReAPP member, Rita Conlin reported that on August 1st the
landfill siting process, which included the Lake Elmo
Regional Park site, was eliminated by the State Waste
Management Act. In acknowledgement of all the contributions
of the many members of ReAPP, legislators, city staff and
all the taxpayers who thru the referendum supplied the city
funding needed for the technical and legal support in the
landfill fight, ReAPP is hosting a celebration at the Lake
Elmo Regional Park on September 19th from 2:00-6:00.
On behalf of ReAPP, Rita Conlin, paid special tribute tc
State Rep Harriet McPherson for assisting ReAPP with
legislation and always being there when they needed her.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 1992 2
5. PUBLIC HEARING: Shoreland Permit with Variance
Jack Zetterberg, 8018 Hill Trail N.
Mayor Johnson opened up the public hearing at 8:06 p.m. in
the city council chambers. The Public hearing notice was
published in the July 22nd St. Croix Valley Press and the
adjacent propertyowners were notified. DNR had no objection
to this request.
Jack Zetterberg, 8018 Hill Trail N., is requesting a 4-foot
variance, which would allow construction of a new addition
to the west end of his house,, placing the new structure 96
feet back from the 930 normal high water mark.
There was no one to speak against the variance request.
Mayor Johnson closed the public hearing at 8:08 p.m.
Councilman Johnson stated he would be in favor of granting
this variance based on the fact that DNR had no objection to
this request and that the impact to the environment, to the
neighborhood and to our ordinances is minimal.
M/S/P Mottaz/Dick Johnson - to grant a shoreland permit with
a 4' variance to the requirement of 100' from the NOHWM to
allow construction of an addition to the west end of his
house based on the 5 reasons stated in Mike Black's memo
dated July 16, 1992: (Motion carried 2-1: Mayor Johnson:
Granting this variance is starting a precedent and by
granting this same kind of request to another applicant
could cause neighbors problem)
1. Other portions of the existing home are closer than 100
feet to the normal high water elevation.
2. Only a small portion of the proposed addition will
encroach upon the required 100 foot setback.
3. The new addition will not be closer to the lake than
the two neighboring structures.
4. There will be limited visibility of the structure from
the lake, due to topography and existing trees.
5. The building addition will not be out of character with
the area and will not be detrimental to surrounding
properties.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 1992 3
6. OLD BUSINESS•
A. Cimarron Park Storm Shelters - Fran Pott
The City Council received a memo, July 31, 1992, from Fran
Pott, Emergency Manager, informing the council of the
meeting held at Cimarron to discuss the requirements for the
shelters as seen by Cimarron residents.
Sandra Durand, NHD, stated they do not have the money to pay
for this; therefore, funding should be the number one
priority. She would be willing to work together on this and
would appreciate any assistance from the City.
M/S/P Mottaz/Dick Johnson - to accept the plan as outlined
in Fran Pott's memo, dated July 31, 1992, and that the
deadline for completion of the shelters be extended to May
15, 1993 and the city administrator contact the state health
dept and get their opinion on the 70% utilization factor.
(Motion carried 3-0).
B. VBWD Water Management Plan Amendment
The City Council received Section II: Land and Water
Resources Inventory, the first chapter to be prepared
relative to VBWD's water management plan revision. City
Engineer Tom Prew will review the information submitted.
City Engineer Karen Chandler, VBWD engineer, has asked if
the city would like to have a representative on the
committee that is working on this project. The City Council
requested that Barb Walsh be asked if she would be
interested in representing the city and have this response
at the next council meeting.
C. Limited Business Ordinance
Mayor Johnson provided a handout on Limited Business
Districts to the Council that he and Councilman Mottaz had
worked out. Since two council members were absent from the
meeting, the following motion was made:
M/S/P Mottaz/Dick Johnson - to postpone consideration of
this item until the next meeting and that all council
members and staff be given this suggestion that was prepared
and to discuss it at the next council meeting. (Motion
carried 3-0).
D. Cottage Grove Ravine Watershed
Rose Armstrong provided the council with an amended joint
powers agreement, dated August 4, 1992 with additional
changes made by the City Council.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 1992 4
The Council reviewed the agreement and made the following
motions:
M/S/P Mottaz/Dave Johnson - to strike 5.7 from the
amendment. (Motion carried 3-0).
M/S/P Mottaz/Dick Johnson - that the amended Joint Powers
Agreement passed out on August 4, 1992 be approved with the
exception on Page 8, Section 4.B-7 (was 4.A-7) to be
stricken and the numbers will be adjusted accordingly.
(Motion carried 3-0).
M/S/P Mayor Johnson/Mottaz - to amend the motion to include
removing Items 4.B.5 (4.A.5) on Page 7 and 4.B.6 (4.A.6)
from the amended joint powers agreement. (Motion carried 3-
0) .
M/S/P Mayor Johnson/Mottaz - to withdraw the previous
amendment to the motion. (Motion carried 3-0).
M/S/P Mayor Johnson/Mottaz - to amend the motion to include
the following in the amended Joint Powers Agreement passed
out on August 4, 1992:
Item 4.A.5 as currently stated on Page 7, should read: "in
the event any additional development takes place in the city
of Afton and Lake Elmo within the watershed after July 1,
1991 said city shall take all reasonable steps to assure
that any increase stormwater runoff resulting from said
development will be contained and ponded."
Item 4.A.6 should read: "in the event either the City of
Lake Elmo or City of Afton allows development or land use
changes to occur in the watershed within their respective
communities which results (eliminate wording between the
commas: other than isolated single family dwellings) in an
increase stormwater runoff rate of more than 1%, said cities
hereby agree to provide stormwater detention locally or
regionally within the watershed within their respective
municipal boundaries in compliance with the requirements of
watershed management plan and ....." (Motion carried 3-0).
E. Manhole Covers
M/S/P Mayor Johnson/Mottaz - to direct the staff to prepare
an ordinance amending the existing ordinance to include the
statement: That manhole covers must be secured in one of the
following manners: by installation of a cover weighing at
least 75 lbs. or greater and sealed or by means of bolting
and sealed with a sealant consisting of (add description) or
equivalent. (Motion carried 3-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 1992 5
7. PLANNING/LAND USE & ZONING:
A. Lot Consolidation - Item deleted from agenda and
will be on the next city council agenda.
1. Schmeising/Cole
2. Everett Beaubien
A. Joe Rogers Property:
The Council requested that the City Administrator meet with
Joe Rogers and the surrounding four property owners to
discuss planning for reasonable use of the property from
CSAH6 to Ideal, including 3M property.
B. Update on Comprehensive Plan Amendment
On August 13th the Comprehensive Plan Amendment will go to
MCDC and then to the full council on August 20th. MnDOT has
expressed some concern that the city has not left enough
sewer capacity for them. The City Administrator will meet
with a planner from MnDOT to discuss this some time this
week.
C. Update on Hidden Valley
Administrator Kueffner reported a preliminary staff analysis
of our request for,metropolitan significance review has been
approved by the Met Council staff. This item will be on the
agenda the same day as our comp plan amendment.
D. Resolution to the Municipal Board
Mayor Johnson explained that the council had, previously,
recommended that the Administrator, Attorney Filla and
himself get together to prepare a resolution to be sent to
the Municipal Board requesting them on their own authority
detach and annex a portion of SW1/4 of Section 32 and SE 1/4
of Section 33 to Lake Elmo because it is totally surrounded
by the City. He asked that they meet in the next week or so
to prepare such a resolution.
8. CITY ENGINEER'S REPORT:
A. 1992 Street Maintenance
Tom Prew reported in his memo, July 31, 1992, that the
Maintenance Foreman and himself completed their annual
review of street maintenance needs and are listed in his
memo.
Prew also mentioned in his report (under Legion Avenue)
there is still a question as to how to fairly assess the
street improvements in the City. The Council agreed with
the City Administrator's request to give this back to the
staff to come up with a proposal for council consideration.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 1992 6
Mayor Johnson asked if the landfill referendum funds could
be used to help pay for street improvements.
M/S/P Mottaz/Mayor Johnson - to have the attorney look into
the landfill referendum funds as to what can be done with
the funds and how can we stop assessing. (Motion carried 3-
0) .
M/S/P Mayor Johnson/Dick Johnson - to authorize the City
Engineer to solicit bids according to city policy for
patching and spot overlay work in the amount not more than
$12,000 or what is available in the budget for patch and
overlay. (Motion carried 3-0).
M/S/P Mottaz/Dick Johnson - to authorize the City Engineer
to prepare plans and specifications and to advertise for
bids for sealcoating which will be paid for through city
funds not to exceed $19,410 and staff will decide which
roads will be sealcoated. (Motion carried 3-0).
M/S/P Dick Johnson/Mayor Johnson - to authorize the City
Engineer to prepare Feasibility Reports and direct staff to
prepare public hearing notices for the public hearing to be
scheduled at a special meeting on August 25, 1992 for the
following major maintenance projects. (Motion carried 3-0).
A. Hidden Bay area
B. 37th Street
C. Kraft Circle
D. Langley Court
E. 33rd Street Lane
F. Legion Avenue
Tom Prew reported the Fire Chief would like the parking lot
at Fire Station #1 be done at the same time.
Administrator Kueffner asked if 39th Street could be
designated as an MSA Street and use MSA funds for the turn
lane. Prew explained they would have to take the
designation off another street because we do not have enough
mileage just to add the street to the list.
In regard to assessing property owners on 39th street,
Attorney Filla indicated the city would have a hard time
showing property values on 39th street would go up because
we are constructing a right -turn lane. Mayor Johnson felt
the council should discuss further the means of payment for
the 39th turn lane.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 1992 7
M/S/P Mottaz/Mayor Johnson - to authorize the City Engineer
to prepare plans and specifications for the DeMontreville
Park parking lot, Fire Station No. 1 and 2 Parking Lot and
the 39th street right turn lane and this work shall be
included with any overlay projects ordered. (Motion carried
3-0).
Councilman Johnson stated this is the beginning of August
and the city should not be talking now about road
improvements before the end of the summer. This is late and
he did not like to be put on time constraints.
BUDGET WORKSHOP
The City Council will hold a preliminary budget workshop on
Thursday, August 13th at 7:00 p.m.
B. Sewer in Old Village:
Councilman Mottaz explained that he and Mayor Johnson had
talked to the Metropolitan Sewer Board who stated there is a
possibility that all the homes and businesses in the old
village could be serviced by the Stillwater, Bayport, Oak
Park Heights sewer system. They were also told that the
Sewer Board looks favorably toward handling problems from
old established neighborhoods rather than allowing new
developments to come into the system. With the construction
of the new senior high school, the sewer line is run down as
far as the high school and is 1 1/2 miles away and the city
could have a force main going up to that point and a pipe
from this could handle whatever is added by the Old Village
of Lake Elmo.
In addition to this, they have had conversations with the
staff from Congressman Sikorkki's office who have come up
with more than one federal program that would pay 75% of a
project such as this. With these possibilities existing,
Mottaz made the following motion:
M/S/P Mottaz/Mayor Johnson - to direct the city
administrator and staff to contact the Metropolitan Sewer
Board and investigate the feasibility of our hooking up to
the Stillwater, Bayport, Oak Park Heights Plan and also to
make contact with Congressman Sikorski's office further
investigating federal programs that would help pay for this.
(Motion carried 3-0).
Councilman Mottaz explained that the County Road 13 Bike
Trail Committee passed a resolution requesting a short term
solution in that the county add a 4' blacktop strip on each
side of the road from TH 5 onto DeMontreville Road and out
to Highway 36. Dick Herold would like a resolution from the
City of Lake Elmo and Oakdale supporting this concept before
he brings it to the County Board.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 1992 8
M/S/P Mottaz/Mayor Johnson - to direct the city
administrator to draft a resolution supporting the bike
trail concept to be presented and discussed at the next
meeting. (Motion carried 3-0)
10. CITY ATTORNEY'S REPORT: None
11. CITY ADMINISTRATOR'S REPORT:
A. Resolution No. 92-15
M/S/P Dick Johnson/Mottaz - to adopt Resolution No 92-15,
Designating Polling Places for September 15 Primary and
November 3 General Election. (Motion carried 3-0).
B. Charitable Gambling Requests - 4th District Ladies
Auxiliary to the VFW and Guardian Angels Church
The Council indicated they had no problem with these
requests.
M/S/P Mottaz/Dick Johnson - to adjourn the city council
meeting at 11:30 p.m. (Motion carried 3-0).
------------------
Resolution No. 92-15, Designating Polling Places for
September 15 Primary and November 3 General Election
AUGUST 4, 1992 LAKE ELMO COU14CIL MEETIYdG
List of Claims for Approval
For the period 07/31/92 to
08/04192
07/31/92
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
LEAGUE OF MN CITIES
AUGUST INSURANCE PREMIUM
68/14/92
791
2,684,39
106-41500-130
1,406.13
106-42410-130
373.31
100-43100-130
904.95
MINN. BENEFIT ASSN,
AUGUST INSURANCE PREMIUM
08/04/92
792
582.30
110-41510-130
72.12
100-43100-138
510.1a
ALLIED GROUP INSURANCE TRUST
AUGUST INSURANCE PREMIUM
08/04192
793
61.26
100-41560-130
28.66
100-42400-130
14.10.
190-43100-130
18.50
MICHAEL SMITH
JULY ANIMAL CONTROL OFFICER
08/04/92
794
650.09
110-42780-110
650.80
FOUR SEASONS SERVICES
COFFEE
08/04/92
795
6.95
111-41310-331
6.95
WASHINGTON COUNTY TREAS.
1/2 SECTION MAPS
08104192
796
15.98
101-41568-205
15.98
D.C. HEY CO.
COPY MACHINE MAINTENANCE
08/04/92
797
116.17
L00-41510-206
176.17
PITNEY BOWES
POSTAGE METER MAINT. AGREEMENT
08104/92
798
230,10
100-41500-260
230.00
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES
08104/92
799
151.42
110-41500-200
151.42
MOGREN BROS.
REPAIR OFFICE REAR SIDEWALK
18/04/92
800
69.78
110-41500-400
69.78
BUSINESS RECORDS CORP.
MAINT AGREEMENT -ELECTION EQUIP
40144/92
801
720.00
110-41410-203
720.00
A T 6 T
OFFICE TELEPHONE -MONTHLY MAINT.
08//4192
802
59.96
100-41500-320
59.96
U. S. WEST
JULY TELEPHONE
08/04/92
803
313.36
101-41504-320
166.67
104-42200-320
56.39
100-43100-320
39,66
101-45200-320
40.58
NORTHERN STATES POWER CO
JULY UTILITIES
08/04/92
804
1,642.28
110-41SOO-380
263.05
118-42200-381
136.59
100-43168-380
786.97
100-45200-380
121.37
641-49400-386
373.81
602-49450-386
20.49
CELLULAR ONE
FIRE DEPT CELLULAR PHONE
08/04192
805
10.92
108-42200-320
19.92
GREG MALMQUIST
ARSON INVESTIGATOR MEMBERSHIP
08/04J92
$06
40.00
100-42200-433
46.06
FIRE INSTRUCTORS ASSN.OF MN
12 VOLUMES TRAINING BOOKS
08/44/92
307
478.77
100-42200-207
478.77
MIRN.CONWAY FIRE S SAFETY
FIRE DEPT CLOTHING REPLACEMENT
08/04/92
808
334.73
110-42208-218
334.73
LAKE ELMO FIRE DEPARTMENT
FIRE DEPT PETTY CASH
08144/92
399
31.14
111-42200-217
31.14
JAMES SACHS
MAY G JUNE RUN REPORTS
08184/92
810
111.25
166-42210-200
110.25
OSWALD FIRE HOSE
FIRE DEPT SUPPLIES
08/04/92
811
93.72
100-42200-217
93,72
T.A. SCHIFSKY 6 SONS
BLACKTOP FOR PATCHING
08104192
812
257.26
110-43100-407
257.26
WASHINGTON COUNTY TREAS.
GRADING ADS 6 PARK SIGNS
08104/92
313
702.98
160-43100-408
580.50
100-45200-219
122.48
NORTHERN AIRGAS, INC.
MAINT DEPT - WIRE FEED WELDER SUP
08/04/92
814
25.59
116-43100-221
25.59
MIDWEST FENCE S MFG CO.
PARKS DEPT SUPPLIES
08/64192
815
15.23
100-45206-219
15.23
POLFUS IMPLEMENT
PARKS DEPT-JOHN DEERE PARTS
08/04/92
816
24.41
110-45209-221
24.41
TOTAL
9,478.79 9,478.79
Since we do not have time to discuss every point presented, it
j 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
AUGUST 4, 1992
7:00 P.M. MEETING CONVENES
1. AGENDA
2. MINUTES: July 21, 1992
3. CLAIMS
4. PUBLIC INQUIRIES/INFORMATIONAL
A. Harriet McPherson/Ken Moris
B. ReAPP Report
C. Other
8:00 P.M. 5. PUBLIC HEARING: Shoreland Permit with Variance
Jack Zetterberg, 8018 Hill Trail N.
6. OLD BUSINESS•
A. Cimarron Park Storm Shelters - Fran Pott
B. VBWD Water Management Plan Amendment
C. Limited Business Ordinance
D. Cottage Grove Ravine Watershed
E. Manhole Covers
F. Other
(over)
7. PLANN'ING/LAND USE &'ZONING:
A. Lot Consolidation
1. Schmeising/Cole
2. Everett Beaubien
B. Update on Comprehensive Plan Amendment
C. Update on Hidden Valley
D. Other
8. CITY ENGINEER'S REPORT:
A. 1992 Street Maintenance
B. Other
9. CITY COUNCIL REPORTS:
Mayor Johnson
Councilman Hunt
" Johnson
" Mottaz
" Williams
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Resolution No. 92- Designating Polling
Places for September 15 Primary and
November 3 General Election
B. Charitable Gambling Requests=-
4th District Ladies Auxiliary to VFW
and Guardian Angels Church
C. Other
12. Adjourn