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HomeMy WebLinkAbout11-17-92 CCMMINUTES APPROVED: 12-1-92 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1992 Mayor Johnson called the council meeting to order at 7:05 p.m, in the Council chambers. PRESENT: Mayor Johnson, Dick Johnson, Mottaz, Williams, City Engineer Larry Bohrer, City Attorney Jerry Filla, and Administrator Kueffner. ABSENT: Councilman Hunt. 1. AGENDA ADD: 5B. Resolution of Appreciation to Election Judges, 9. Update on Allen Jacobson's speech at the Rotary Club, 7E. Letter from United Properties regarding their escrow, Progress on Sewer & Water Feasibility Report being prepared for United Properties, 10. Letter from Priscilla Ferris. M/S/P Dick Johnson/ to approve the November 17, 1992 City Council agenda as amended. (Motion carried 4-0). 2. MINUTES: November 5, 1992 M/S/P Williams/Dick Johnson - to approve the November 5, 1992 City Council minutes as presented. (Motion carried 4- 0). 3. CLAIMS M/S/P Mot.taz/Williams - to approve the November 17, 1992 Claims #1083 through #1114 as presented. (Motion carried 4- 0). 4. PUBLIC INFORMATIONAL: Cable Commissioners Dave Garloff and Karen Wandmacher Dave Garloff reported that at their last meeting the cable commission elected new officers for 1993 and approved the 1993 budget. He further stated that the Suburban Cable Corporation, SCC, is now in negotiations with the commission for the contract to give public access television to the area. Garloff suggested that one of the city's representatives to the cable commission be a city council person. Effective December 1st the rate for the Basic Limited Preferred, most popular subscription, is $24.40/mo., pay channels are $9.95/month, and a very low tier of basic low service is $8.15/mo. In the last session, Congress approved the cable act of 1992 which places new regulatory authority on the FCC in conjunction with local authorities. Local authorities must be certified by the FCC in order to place any amount of input. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1992 2 The Council thanked Mr. Garloff who has resigned from the Cable Commission after serving 10+ years as Lake Elmo's representative. 5. OLD BUSINESS: A. Parking Restrictions on Lake Elmo Avenue Jim McNamara suggested moving the 15 minute parking zone two spaces (401) to the south or change some of the 1 hour spaces to 30 minutes. Savanna Designs had no problem with 30 min, parking spaces. Four 15 minute parking spaces are needed for the Post Office and library. Also, the unlimited parking spaces in front of Microsota and the Joe Rogers building could be changed to 1 hour spaces because some of those parking spaces are being used by the employees. The Council asked for information on why there is such strict parking regulations on the east side, why the 15 minute parking does not cover the library building, and what was the reason for unlimited parking on the west side of the road? M/S/P Williams/Mottaz - to direct the staff to report back at their earliest convenience on the background of rationale for why the four-15 minute parking spaces in the current location rather than in front of the library and the post office. (Motion carried 4-0). B. RESOLUTION NO. 92-25, A RESOLUTION OF APPRECIATION TO THE 1992 LAKE ELMO ELECTION JUDGES: Councilman Johnson submitted a proposed resolution of appreciation to the 1992 Lake Elmo Election Judges for their exemplary performance on "Election Day 1992". M/S/P Dick Johnson/Williams - to adopt Resolution No 92-25, A Resolution of Appreciation to the 1992 Lake Elmo Election Judges. (Motion carried 4-0). C. UPDATE ON HAMMES PROPERTY Jim McNamara provided pictures showing the cleanup of Area #4 which in his opinion was 70% clean. The clean up deadline for Area #4 was November 9th. The council was happy with the progress on the cleanup to date, but was firm in their resolve that the property is going to be cleaned up. The next clean-up deadline is December 8th. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1992 PLANNING/LAND USE & ZONING: A. Minor Subdivision and Lot Consolidation Schmiesing/Cole - Olson Lake Trail Fred Schmiesing, 4751 Olson Lake Trail, and Robert Coles, 4719 Olson Lake Trail, have applied for a minor subdivision of a vacant lot, owned jointly, between their properties. The applicants proposed to split the lot in half and add each half to their own properties in order for the vacant lot to remain unbuildable. At their November 9th meeting, the Planning Commission recommended the council approve the minor subdivision based on the following reasons: 1) the applicants meet the criteria set forth in Section 401..042 relating to minor subdivision; 2) granting of this minor subdivision will make two existing non -conforming lots less non -conforming; 3) granting of this minor subdivision will insure that this lot never becomes a "buildable lot" thru variance procedures with the condition that the two halves are consolidated with the adjacent properties. M/S/P Williams/Mottaz - to adopt Resolution No 92-26, A Resolution granting a minor subdivision to Fred H.W. Schmiesing and Carol J. Schmiesing and Robert F. and Catherine Coles. (Motion carried 4-0). -7. CITY ENGINEER'S REPORT: A. 1993 WORK PLAN In his memo dated November 11, 1992, City Engineer Bohrer provided a 1993 Engineer's Work Plan. A. Projects: 1. 1992 MSA Project -Prepare feasibility report for Jamaca Avenue and Lake Jane Trail 2. 1993 Street Maintenance 3. Isle Avenue 4. 1993 Sealcoating 5 39th Street Turn Lane at TH5 6. Sanitary Sewer and Water Service within the new MUSA area. 7. Old Village Water Tower Repairs --What is the effect of the new water rates on the fund balance? 8. City Park Work -Overlay Pebble Park tennis courts and boundary surveys for DeMontreville and Lions Park. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1992 4 B. Studies, Reports and Policies: 1. Stormwater Utility Ordinance 2. Assessment Policy 3. Change City policy on Construction of Improvement within Subdivisions B. 1993 MSA Project City Engineer Larry Bohrer reported our MSA construction fund balance will be about $666,000 in 1993. This money can only be used to construct a street which meets State Aid Standards including engineering and property acquisition. It cannot be used for overlays or other maintenance work. The following streets were listed: APPROXIMATE By COST Need 2 Lake Jane Trail - Jamaca to Jane Road $150,000 5 Lake Jane Trail - Ideal to 42nd Street 450,000 3 Jamaca Avenue - TH5 to Lake Jane Trail 400,000 4 30th Street - Lake Elmo Ave. to Legion Ave. 150,000 1 33rd Street and Laverne 200,000 The Council indicated they would be willing to proceed with the 33rd Street and Laverne project if a settlement could be negotiated for everybody concerned. M/S/P Mottaz/Williams - to instruct the City Administrator set up a meeting with Pete Schiltgen, Councilman Williams, City Engineer Bohrer, Administrator Kueffner at the earliest possible date to discuss a resolution to the drainage problem through Mr. Schiltgen's property and report back, if possible, at the next meeting. (Motion carried 4-0). C. Policy Change on Improvements within subdivisions City Engineer Bohrer proposed that only the city be allowed to construct improvements within a subdivision based on the following reasons: 1. Better Quality Control 2. Single Responsibility 3. Consistent with other cities 4. Financing M/S/P Mottaz/Mayor Johnson - to direct the City Administrator to identify and recommend code changes to implement the new policy that the city code requires all improvements to be constructed by the City and bring back within the next two meetings. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1992 5 D. Uniform Assessment Policy A draft resolution establishing a uniform assessment policy for street improvements was reviewed. The Council will add this discussion to the Thursday, November 19th Special Workshop for the Shoreland Ordinance. E. UPDATE ON THE SEWER AND WATER STUDY FOR THE CITY URBAN SERVICE AREA City Engineer Bohrer reported that the estimated cost to serve that area with sewer and water is $1.4 - $1.5 million. Our first choice would be the proposed development could absorb 100% of the project costs. If the project cannot absorb 100% of the costs, there are two ways in which the costs can be reduced. 1) The sanitary sewer in Lake Elmo's area (127 acres - primarily United Properties) has to be served by a lift station. The eastern portion of Oakdale's urban service area also has to be served by a pump station. There could be some cost savings (approx. $175,000) if we could share the lift station and force main with Oakdale. (There is cost savings because we have eliminated one pump station, but it is one larger station.) With the Lake Elmo stand alone system the MnDOT property, Guardian Angles Church, and several single family homes would not be able to be served because the only pipe going near them would be a pressure pipe which cannot be tapped into. 2) To reduce the cost to the developer, all or a part of the share of the real estate taxes that are generated from the new development could somehow be dedicated for or applied to the project costs. This would be similar to Councilman William's proposal or a form of TIF. Bohrer explained the purpose of the report is to describe to the developer the options and cost saving alternatives for further evaluation. He will not make an offer. Bohrer will submit the final report simultaneously to the council and to the developer. 8. CITY ATTORNEY'S REPORT; City Attorney Filla reported that the criminal prosecutions is taking more time than anticipated. Even with the consolidations made, they are continuing to spend twice as many hours as the retainer provides for. His firm is not willing to continue beyond the end of the year with the agreement they have. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1992 6 9. CITY COUNCIL REPORTS: Councilman Johnson gave an update on the speech on investments and jobs in Minnesota and Texas by Allen Jacobson, Retired CEO of 3M, at the St.Paul Rotary Club. Olson Lakes Estates: At the VBWD meeting they discussed a minor plan amendment process that they will go through in determining a solution. The three options that they are putting forth do not include a total bypass of the Tri-Lakes area. The staff was asked to copy the Barr Engineering report for the Council. - 10. CITY ADMINISTRATOR'S REPORT: A. Letter to Priscilla Miles Ferris regarding the Cimarron water system. Administrator Kueffner reported she received a call from a Cimarron resident regarding allegations of a coverup of the water in Cimarron containing a parasite. The resident was contacted by an attorney who is attempting to represent some of the resident-s—of the—par-1 T-h-e—C-ounc—iA r-eeeived—a—copy-- of the letter Administrator Kueffner wrote to Priscilla Miles Ferris requesting names of those Cimarron residents that have contacted her with their concern on the Cimarron drinking water. A meeting will be held with Washington County Public Health and any Cimarron residents to receive data on the quality of the water in Cimarron. A mailing will prepared in an attempt to alleviate some of the concerns. Mayor Johnson reported he got a call this evening from Bonestroo Engineering Company consultant for the park who gave him assurances in their opinion the water system is safe and effective. He got the same assurances from the State. When he had asked the question as to who is it that currently has a problem it all seemed to go back to the same individual with a problem or a few individuals in the same family. Mayor Johnson assured the residents of Cimarron that all the forces that may be, scientific and medical, municipal and county are looking into this. There does not appear to be any water problem in the Cimarron area. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1992 7 B. Resolution petitioning the Minnesota Municipal Board for a concurrent detachment of certain lands from the City of Oakdale and their concurrent annexation to the City of Lake Elmo. The Council will review this resolution after it has been refined by the city attorney and the exhibits have been included. M/S/P Mottaz/Dick Johnson - to adjourn the city council meeting at 11:00 p.m. (Motion carried 4-0). -------------------- Resolution No. 92-25, A Resolution of Appreciation to the 1992 Lake Elmo Election Judges Resolution No. 92-26, A Resolution granting a minor subdivision to Fred H.W. Schmiesing and Carol J. Schmiesing and Robert F. and Catherine Coles NOVEMBER 17, 1992 LAKE ELMO COUNCIL MEETING List of Claims for Approval For the period 11/13192 to 11113/92 11113192 CLAIN TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIN NUMBER AMOUNT I I M C MEMBERSHIP FEE - SHARON 11/13/92 1083 50.01 100-41300-433 50.00 AMERICAN LINEN SUPPLY OFFICE BLDG NAINT 11/13192 1684 38.55 100-41500-400 38.55 HA6BERG'S COUNTRY MARKET OFFICE BLDG EXP 11113/92 1085 39.74 100-41501-400 39.74 GENERAL OFFICE PRODUCTS OFFICE SUPPLIES 11113/92 1086 150.93 108-41540-200 150.93 PITNEY BOWES POSTAGE METER SUPPLIES 11113/92 1087 23.51 100-41500-200 23.50 WASHINGTON COUNTY TREES, OFFICE SUPPLIES - MAP UPDATES 11/13/92 1080 15.98 110-41500-200 15.98 BUSINESS RECORDS CORP. ELECTION SUPPLIES 11113192 1089 65.58 100-41410-203 65.08 CITY OF NORTH ST PAUL ANIMAL CONTROL VEHICLE 11/13/92 1090 165.00 160-42700-415 165.00 ST CROIX ANIMAL SHELTER OCTOBER IMPOUNDING FEES 11/13/92 1091 713.48 100-42700-418 713.48 TNT RECYCLING OCTOBER RECYCLING 11113/92 1092 4,395.35 109-43200-318 2,694.60 813-43200-318 1,700.75 ✓� 7� TKOA SEPTEMBER ENGINEERING 11113/92 1093 3,606.34 100-41930-360 746.38 Ayr 404-41938-300 611.47 Ja 803-41930-300 725.92 0 411-41930-340 1,522.57 J5v--IYne MCCOMBS FRANK ROOS ASSOC., INC. OCTOBER PLANNING SERVICE 11/13/92 1094 1,996.20 100-41915-300 1,756.80 V� 813-41910-300 240.40 ✓'c PETERSON FRAM G BERGMAN OCTOBER LEGAL FEES 11/13/92 1095 3,689.93 100-41600-300 3,626.93 _ttb� %a 813-41680-300 63.00 SMOKE -EATER FIRE DEPT - 13 SUBSCRIPTIONS 11113192 1096 52.00 180-42219-433 52.00 NATIONAL VOLUNTEER FIRE COUNCIL FIRE DEPT MENBESHIP DUES 11113/92 1097 25.01 114-42206-433 25.Of ROIX VALLEY CLINIC FIRE DEPT INJURY-REIMB BY WORKCOMP 11/13/92 1098 28.86 186-42260-306 28.08 F,,�A.CONWAY FIRE 6 SAFETY FIRE DEPT SUPPLIES 11/13/92 1099 49.60 111-42200-217 49.61 LAKE ELMO OIL OCTOBER FUEL 11/13/92 1100 1,719.82 100-42200-212 197,19 116-42460-331 96.89 �^Z9 100-43100-212 1,425.14 5� GLENWOOD INGLEWOOD NAINT DEPT SUPPLIES 11113192 1101 118,80 100-43100-223 188.80 GOPHER STATE ONE -CALL NAINT DEPT SUPPLIES 11/13192 1102 15.00 108-43106-223 U.10 CONSTRUCTION BULLETIN MAINT DEPT - I YR SUBSCRIPTION 11113192 1103 104.80 100-43100-433 104.00 MAC QUEEN EQUIPMENT, INC. MAINT DEPT-STROBE LIGHT 11113192 1104 93.94 140-43100-221 93.94 T.A. SCHIFSKY S SONS NAINT DEPT-BLACKTOP PATCHING 11/13192 1105 76.09 101-43100-407 76.09 BATTERY D TIRE WAREHOUSE MAINT DEPT - PARTS 8 REPAIR 11113/92 1106 84.58 100-43101-221 84.58 MILLER EXCAVATING MAINT DEPT - GRAVEL NAINT 11113/92 1167 1,463.36 100-43100-228 1,463.36 JUNKER SANITATION NAINT DEPT OUNPSTER 11113192 1118 74.55 100-43110-223 74.55 TOWER ASPHALT, INC. 1ST PMT-STREET MAINT 6 PARKING LOTS 11/13192 1109 26,637.48 160-43100-532 11,654.99 100-42200-550 5,593.87 404-46200-530 16,388.62 BRYAN ROCK PRODUCTS PEBBLE PARK SKATING RINK 11/13192 1110 44.81 100-45210-225 44.80 ACE HARDWARE PEBBLE PARK BASKETBALL SUPPLIES 11/13192 1111 44,65 140-45208-219 44.65 ELMO'S LUMBER 6 PLYWOOD PARK SUPPLIES 11/13/92 1112 11.67 160-45200-219 11.67 FRED'S TIRE CO. PARK DEPT-TORO REPAIR 11/13192 1113 9.59 100-45281-221 9.59 OAKDALE, CITY OF OCTOBER WATER PURCHASED 11113192 1114 672.34 601-49400-250 672.34 TOTAL 46,265.35 46,265.36 NOV 23 192 02:23FM MCCOMBS FRANK ROOS P. 2/2S MCCombs Frank Roos'Associates, Inc. i5050 23rd Avenue North. Plymouth, Minnesota 56447 CITY OF LAKE ELMO SHORV AND ORDINANCE DRAFT COPY 10/01/92 CITY COUNCIL DIRECTION 11-R6-92 MEETING PAGE SECTION COMMENT Telephone Engineers $12/476-6010 Planners 612/476-6532 FAX Surveyors P.15 307.060 E.2.d.1. Reference the City Code Book, Section 306 Wetland Protection and Preservation Overlay District, and add wording "whichever regulation is more restrictive shall apply'•, P.16 307,060E.2.E. Change wording of first sentence to: Excavations where the intended purpose is connection to a public water, such as boat clips, canals, lagoons, and harbors, must comply with all provisions of this Ordinance, P,17 307.06OF,2. Change the wording of the last sentence to: If no alternatives exist, the City Council may, at its discretion, allow roads, driveways, and parking areas within these areas, and they must be designed to minimize adverse impacts. P.17 307.060G.1.a. Take out last sentence. P•17 307.0600.1.b, Add to last sentence: Disturbed areas must be stabilized and protected as soon as grading is complete and... P.17 307.o6oa.i,d- Place a period after application(.) (drop - or use of earth or vegetation), P.18 307.060H Take out the word: Commercial P,18 307.06m i . Take out the word: Commercial p,18&19 307,06OH.1.a. (1) remains as is (2) remains as is (3) is omitted as is and new (3) becomes old (3) (a) (3) no advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may by placed in or on public waters by a public authority or under a permit issued by the County Sheriff. An Equel Opponunlry Employer NOV 23 '92 02:24PM MCCOMSS FRANK ROOS P . 3.'3 PAGE SECTION COMMENT (b) is omitted as is, new (4) becomes old paragraph (a). P.20 307.060H.3, Omit this section P.20 307.060I.2.b. Reference City Ordinance 701 Individual and Community Sewer Systems, whichever is more restrictive, P.21 307.0601.2.f. Add parenthesis around (not to exceed 30 days of notice) also add to the sentence a reference to City Ordinance 701, whichever is more restrictive. P.21 307.060i.2.g. -Ask the DNR how MPCA 7080 regulates "greywater"7 P,21 307.0601.2.h. Reword the paragraph as: Any discharge of chemically treated water into a lake, wetland or stream must not be done without first obtaining all required permits from the Minnesota Pollution Control Agency, such as an example only, the drainage of a swimming pool. P.24 307.070C,2, Ask Mn/DNR about City adoption of a formal resolution - what does this mean. P.25 307.080C. Check with Filla on intent and clarification of this wording. In the fourth sentence, lawn area should be changed to vegetative area. The City Council directed Mike Black to meet with the Mn/DNR and continue to make these changes to the Draft Ordinance. Mary Kueffner was directed to coordinate as necessary all other changes to the City Code Book and Ordinances. The City Council meetings in December are on the 1st, 8th and 15th. The Council would like to have the Final Ordinance back before them on December 15. Mike Black has scheduled a meeting with the Mn/DNR to review these changes/ comments/questions for Wednesday, November 25, 1992. LAKE ELMO CITY COUNCIL WORKSHOP MINUTES NOVEMBER A, 1992 Discussion on Road Maintenance Tax District Councilman Johnson: On major maintenance projects the property owner would be assessed 90% and the city pay 10%. On total reconstruction projects the property owner pay 80% and the city pay 20% and we get this 10% and 20% from the street fund that we establish where most of the money comes from MSA roads. If somebody lives on a city street, they should have to pay for the maintenance on the street. Councilman Hunt: I live on 55th Street and you know how many property owners are on that street. How much of that street is Agricultural If the city had to redo 55th Street, I can guarantee I would get an attorney and go to court and that I would not pay my portion because there is no way my land would increase by that value. I would support the 90%/10% and 80%/20% understanding there are certain conditions we are going to run into. Councilman Mottaz: That would probably be the exception. He would go along with Councilman Johnson, but didn't think we could put this into affect until we set up the policy of assessing a certain amount on MSA projects and we build up the fund. Then we can go to the percentage. He would like to know what an average cost of total reconstruction would be. Councilman Williams: I question whether the 80/20% would be practical based on Larry's recommendation for 50/50%. It seems that 80/20 would result in assessments that would be too high. Mayor Johnson: I think 50/50% is a good figure as Larry has presented. On MSA roads because they have to be built to certain standards, we have to have some way to give allowance to those people living on them. Councilman Mottaz: He would go along with 90/10 and 50/50 on major construction, but not implement until we build up the fund. There is much greater traffic on the MSA roads so the assessment on the MSA roads has to be something that we deal with separately from the other roads. Mayor Johnson: We need some type of fund and we all benefit from the roads regardless where they are in the city. The better method is to establish a road fund and spread this equitably given the number of residences on county roads and state roads, I think we are going to have to set it up as a taxing arrangement in such a manner that shows a benefit to all residents of having good streets. Then sealcoating and patch and overlay could be put into this same fund. We could use this money from the fund to pay the 10% and 50% and still assess part of the amount. Are we going to define unit as 150 ft frontage? This would cover about 90% of the homes in the city. Councilman Hunt: I have 700 ft. frontage, but I also have sitting on file a resolution stating that I have two buildable lots. Councilman Williams: I favor defining unit as a buildable lot in the zoning category. You could look at the agricultural land as a benefit to everybody because most people would rather look at a farm field than a bunch of houses. Councilman Mottaz: The definition of 90/10 is 90% would be assessed and the city would pay the 10% instead of a flat rate. They would be assessed according to what the project costs per unit up to 90%. CONCLUSION ON SETTING UP A ROAD MAINTENANCE TAX DISTRICT: We would use 90% direct assessment and 10% city participation in the case of major maintenance and 50% direct assessment and 50% city participation in the case of major reconstruction. The Council would like the staff to determine what kind of revenue would be needed on a 20 year cycle of street maintenance to what kind of tax would have to be collected on an annual basis to give the city the desired revenues to meet that scenario. The two caps would be eliminated. The maximum number of lots a parcel could be divided into based on the current zoning category. We would like to receive comments from the staff on the ability of this policy to work. LAKE ELMO CITY COUNCIL SPECIAL WORKSHOP THURSDAY, November 19, 1992 AGENDA 7:00 p.m. Meeting convenes 1. Discussion on Shoreland Ordinance (Continuation) 2. Other 3. Adjourn 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 the 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 has not 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 AGENDA NOVEMBER 17, 1992 7:00 P.M. MEETING CONVENES I. Agenda 2. Minutes: November 5, 1992 3. Claims 4. Public Informational: Cable Commissioners Dave Garloff and Karen Wandmacher 5. Old Business A. Parking restrictions on Lake Elmo Avenue. B. Other 6. Planning, Land Use and Zoning A. Minor Subdivision and Lot Consolidation Schmeising/Cole - Olson Lake Trail B. Other 7. City Engineer's Report A. 1992 Work Plan B. 1993 MSA Project C. Policy Change on Improvements within subdivisions D. Uniform Assessment Policy E. Other 8. City Attorney's Report 9, City Council Reports Mayor Johnson Councilman Hunt Councilman Johnson Councilman Mottaz Councilman Williams 10 City Administrator's Report IL Adjourn