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HomeMy WebLinkAbout10-19-93 CCMM114UTES APPROVED: 11-2-93 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 1993 Mayor John called the council meeting to order at 7:10 p.m. in the city council chambers. PRESENT: Mottaz, Conlin, John, Johnston, Johnson, City Engineer Bohrer, City Attorney Filla and Administrator Kueffner. MAYOR JOHN WELCOMED GIRL SCOUT TROOP 1205 OF THE ST. CROIX VALLEY WHO WILL BE WATCHING THE COUNCIL MEETING ON CABLE TV. 1. Pledge of Allegiance 2. AGENDA ADD: 5C. Announce Jaycee Benefit Program of Sesame Street Live on December 2, 1993. M/S/C Johnston/Johnson - to approve the October 19, 1993 city council agenda as amended. (Motion carried 5-0). 3. MINUTES: October 5, 1993 M/S/C Johnston/Johnson - to approve the October 5, 1993 city council minutes as amended. (Motion carried 4-0-1:Abstain:Mottaz) MINUTES: October 12, 1993 M/S/C Johnson/Johnston - to approve the October 12, 1993 city council minutes as presented. (Motion carried 5-0). 4. CLAIMS M/S/C Mottaz/ Johnson - to table claims until City Engineer's Report. (Motion carried 5- 0). 5. PUBLIC INFORMATIONAL (A) Suburban Cable Commission (SCC) Ron Wagner, Program Director of Suburban Community Channel educated the council members about the cable casting and production services SCC offers. Lake Elmo Cable Commissioners, Rita Conlin and Karen Wandmaker were introduced. M/S/C Mottaz/Johnston - TO PROCLAIM NOVEMBER 15, 1993 AS LAKE ELMO LOCAL CABLE TV PROGRAMMING DAY ON COMMUNITY TELEVISION CHANNEL 10. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 1993 (B) Surface Water Utility (Barbara Walsh) Barb Walsh expressed her concern that the council establish a plan for surface water management. She would also like to see surface water management treated as a utility for which people would write out a $15 check each year. Mayor John said that surface water management is addressed as a line item in the annual budget, but it may not be as large as people want to see it. Councilman Johnson did not believe that a separate utility should be created for surface water management because of the costs associated with billing the utility. It makes no sense to collect revenue as a utility when it could be handled as a line item on the budget. M/S/C John/Johnson - to request the city engineer provide a cost estimate for developing a Surface Water Management Plan for the November 2, 1993 meeting. (Motion carried 5-0). (C) Announce Jaycee Benefit Program of Sesame Street Live Mayor John attended the Lake Elmo Jaycee meeting and was informed of the benefit performance, Sesame Street Live --When I Grow Up, scheduled for Thursday, December 2, 1993 at 7 p.m. at the Target Center. 6. UNFINISHED BUSINESS: (A) Resolution No. 93-71:Minor Subdivision for Collyard/Colisimo The Council received a letter from Attorney Greg Galler who represents Danny and Gail Collyard with respect to trying to solve the problems associated with the property they own located at 8896 Jane Road North. This request was tabled at the last regular council meeting. If any costs are incurred by the city in connection with moving the cul-de-sac, they will be paid for by the Colisimos. Prior to construction of the new cul-de-sac, temporary easements shall be granted to the city for Parcel A and Parcel B. This subdivision and variance request are the result of an agreement between the two parties regarding an ongoing civil lawsuit over property on Isle Avenue. The address of the existing home at 8896 Jane Road N. be changed to 5011 Isle Avenue North. M/SIC Johnson/Johnston - to adopt Resolution 93-71 granting a minor subdivision conditioned as stated in the resolution to Danny and Gail Collyard and Ronald and Grace Colisimo and a variance for the extension of temporary cul-de-sac on Isle Avenue to permit the Collyards a more direct access to the publicly improved and maintained right-of-way similarly to everybody else in the neighborhood based upon the city would not be changing the character of the neighborhood nor would the city be granting any more of a variance than the minimum required. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 1993 3 Isle Avenue Cul-de-Sac Options In his letter dated October 15,1993, Larry Bohrer recommended a solid cul-de-sac with a 50' radius of blacktop and 60' radius easement for Isle Avenue. If the road is extended south in the future, the center portion of the cul-de-sac may be usable, whereas an island type must be completely reconstructed. Also, there is no homeowners association to maintain the landscaping within the island. M/S/C Johnson/Conlin - to direct the city engineer when the time comes to construct a solid cul-de-sac with a 50' radius of blacktop and 60' radius easement for Isle Avenue. (Motion carried 5-0:Mottaz added that he hoped the city will remember there is not such a thing as a homeowners association to maintain an island cul-de-sac; therefore, the maintenance will be dumped back onto the city). (B) Resolution 93-72: Joint Powers Agreement for utilities in Section 32 and 33 At the October 12, 1993 workshop, the Council directed the staff to prepare a resolution outlining the conditions by which the city will proceed with a Joint Powers Agreement with the City of Oakdale for the installation of utilities in Sections 32 and 33. Attorney Filla provided a proposed revised copy of the Joint Powers Agreement and a sample of a resolution relating to a joint request to the Municipal Board to consider an annexation and detachment along any lines approved by two city councils. Councilman Johnson asked if the city attorney could defend the assessment that would occur to the 440 acres for this project? Filla responded it is defensible if we are talking about an assessment in the range of $4,000-$5,000 per acre for sanitary sewer, 120- 160 acres that have an immediate benefit from this kind of project. Filla explained the council should have a proposal that has 3 or 4 identified areas where the council can come up with some agreement with Oakdale and what the impact will be on the city depending upon how those issues are resolved. He suggested tabling for two weeks in order to give the city council detailed outline of this project, what it is going to cost Lake Elmo, what it may cost Oakdale, why this is a good deal for the two communities in terms of cost savings compared to the alternative which is independent projects. M/S/C John/Johnson- to discuss this at the November 2 meeting a more detailed cost estimate of the proposed project with conditions and recommendations listed and given to the council for study a week before this meeting. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 1993 (C) County Road 10 Bike Path: Recommendation from Parks Commission At its September 20, 1993 meeting, the Parks Commission recommended unanimously to accept a proposal for black topping County Road 10 bike trail, contingent on obtaining funds from the County, State, or Federal grants and to contact Oakdale to get comments or a recommendation. M/S/C Johnson/Johnston - to acknowledge the recommendation of the Parks Commission and to direct the City Administrator to check with Washington County to see if they will be applying for any grants for this project and check with Oakdale to see if they are going to blacktop their portion of the trail at the same time as the road is being constructed and how they are going to pay for it. (Motion carried 5-0). (D) Derrick Lots (DeMontreville Highlands) Recommendation from Parks Commission At its September 20, 1993 meeting, the Parks Commission voted unanimously to recommend not buying the Derrick lots at this time, as it would be a waste of money which could be put to better use. M/S/C Mottaz/Conlin - to accept the recommendation of the Parks Commission not to purchase lots in the DeMontreville Highlands area for the purpose of making an addition to the parks system. (Motion carried 5-0). 7. PLANNING/LAND USE & ZONING: (A) PUBLIC HEARING: Variance from Ordinance High Water Mark and Bluff Line: Applicants: William & Christine Friederich Mayor John opened up the public hearing at 9:08 p.m. in the city council chambers. The public hearing notice was published in the October 6, 1993 Stillwater Gazette and adjoining property owners were notified. The Council received a report from Mike Black, dated September 30, 1993. Molly Shodeen, DNR, advised the city she has too heavy of a workload to provide written responses, but did not support the request. Bill Friederichs explained the request was made so they could build on their property and still have a view of the lake. There is no intent to change any of the topography between the easterly side of the house, which is on the lake shore side, and the lake itself. There was no one to speak for or against the variance request. Mayor John closed the public hearing at 9:12 p.m. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 1993 Mayor John and Council members Mottaz and Conlin visited the site and found the location of the proposed home would prevent the applicant from enjoying the same benefit of a view like others on the lake. M/S/C John/Mottaz - to grant a variance to the setback requirements from the ordinary high-water mark and bluff line to Christine and.William Friederichs for the purpose of constructing a house based on the hardship there is no esthetic value gained from being near the lake nor any return in having lakeshore property and paying lakeshore taxes, that the location of the proposed site for the home is on the ridge that runs parallel to the lake shore and placing the home outside the 150' limit would place it on the downside beyond the ridge such that the ridge would be between the home and the lake and obstruct any view from the home, this is the last buildable site on Sunfish Lake, and that the newer existing homes that were built after adoption of our code were granted variances from the setback requirements; contingent on providing the city with proof of filing a restrictive covenant by the property owner relating to the land between the house and lake remain undisturbed before occupancy of the home. (Motion carried 4-1:Johnson:he was in agreement with the city planner's recommendation against granting a variance.) (B) Metropolitan Airports Commission CIP 1994-2000 Mayor John voiced his concern that if an EAW was done on the Lake Elmo proposed expansions, there is no way it could have taken into consideration the change in the Wetland laws or the new MPCA permit that goes into effect January 1, 1994. M/S/C John/Mottaz - to instruct the City Administrator to send a letter to the Metropolitan Airports Commission before the October 28, 1993 deadline stating they should draw up an EAW for these expansions taking in account legislative needs as they stand in 1994. (Motion carried 5-0). 8. CITY ENGINEER'S REPORT: (A) Partial Payment #1 ($132,835.21) to Tower Asphalt " " 42 ( 58,478.91) " " M/S/C Johnson/John - to approve Partial Payment #1 in the amount of $132,835.21 and approve partial payment #2 in the amount of $58,478.91 to Tower Asphalt for work completed on the 1993 MSA Project. (Motion carried 5-0). (B) 1993 Overlay Project Partial Payment #1 ($31,695.65) M/S/C Johnston/John - to approve Partial Payment #1 in the amount of $31,695.65 to Bituminous Consulting and Contracting for patching on the entire project and overlay work on Highlands Trail and Highlands Court. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 1993 M/S/C John/Johnston - to approve the October 19, 1993 claims #2006 through #2073 as presented with two additional claims: #2074 PP#1 Tower Asphalt $58,478.91 and claim #2075 PP#1 Bituminous Consulting $31,695.65. (Motion carried 5-0). (C) Hazardous Elimination Safety Program - Sign Inventory The City Engineer and Maintenance Foreman felt it was in the city's best interest to have all traffic signs meet the current standards and supported the Hazardous Elimination Safety Program Sign Inventory. M/S/C Johnson/Mottaz - to direct the City Administrator to authorize Washington County to secure bids for the Hazardous Elimination Safety Program and recommend SLOW CHILDREN signs replace WATCH FOR CHILDREN signs with the understanding that the City of Lake Elmo will have the opportunity to accept or reject participation in the program once a final cost is determined. (Motion carried 5-0). A Olson Lake Estates Pond - Update Larry Bohrer reported that the DNR asked the developer of Olson Lake Estates to fund an independent survey of the Olson Lake Estates pond and the developer has agreed to pay for that survey. Based on that survey we will be able to determine if any corrective measures need to be done on the pond. Bohrer pointed out range of values (3 & 9 times as concentrated) seen in the tests that the MPCA took in August on Olson Lake Pond as compared to Olson Lake. 9. CITY ATTORNEY'S REPORT: None 10. CITY COUNCIL REPORTS (A) Mayor John: Letter from Sheriff Trudeau Mayor John received a letter from Sheriff Trudeau, dated October 8, 1993, where he indicates that the Washington County Sheriff's office has increased the number of arrests made for persons responsible for burglarizing private homes. The Sheriff is asking residents to contact their office by dialing 911 when any suspicious incident occurs. The Sheriff Dept. would like to see more Neighborhood Watch Programs in place. M/S/C Mottaz/Johnston - to include this information in the next city newsletter. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 19, 1993 (B) Council Member Conlin: Resolution from Forest Lake Township regarding Municipal Board The Council reviewed the resolution from Forest Lake Township concerning the town's attempts to incorporate as the City of Forest Shores. The Council requested a memo from the staff defining the Municipal Board duties and responsibilities and asked what is the League of MN Cities position? (C) Council Member Mottaz provided a letter from Guardian Angels Church requesting a street light at the corner of Guardian Angels Drive and 4th Street. M/S/C Mottaz/John - to instruct the staff to contact NSP regarding a cost estimate for installation of a street light at the corner of Guardian Angels Drive and 4th Street and bring this information back to the Council for a decision. (Motion carried 5-0). 11. CITY ADMINISTRATOR'S REPORT: A & B MAC Recommendation: Snow Plow and Brake Repair on 75C Loader Dan Olinger provided a list of communities that use this snow plow. M/S/C John/Mottaz - to approve the purchase of a 10 foot plow from Truck Utilities in the amount of $2,444.18 acknowledging that the bid includes installation and sales tax, based on the recommendation of the MAC Committee. (Motion carried 5-0). M/S/C Johnson/John - to approve the repair of the brakes on the 75C Loader by Sweeney Brothers in the amount of $4,028.41, acknowledging that any increase in cost, (10% rule applies) beyond the estimate must be approved the City Maintenance Foreman prior to the work being done based on the recommendation of the MAC Committee. (Motion carried 5-0). M/S/C Mottaz/Conlin - to adjourn the council meeting at 10:25 p.m. (Motion carried 5- 0). Resolution No. 93-71 Minor Subdivision for Collvard/Colisimo OCTOBER 19, 1993 LAKE ELMO COUNCIL MEETI14G List of Claims for Approval ;or the period 10/15193 to 10115193 1//15193 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT WASHINGTON COUNTY TREAS. AERIAL PHOTOS - MAYOR 10115193 2086 55.3E 110-41360-331 55.38 HA66ERG'S COUNTRY MARKET COUNCIL EXPENSE 10/15/93 2007 58.18 101-41300-331 58.18 PITMEY BOWES POSTAGE METER RENTAL 11116193 2848 181.51 110-41510-200 181.50 BELLAIRE SANITATION OFFICE OUNPSTER 11/15/93 2009 66.96 110-41501-400 66.95 PAC BUSINESS FORMS OFFICE SUPPLIES 10/15/93 2010 233.12 100-41600-200 233.12 STILLWATER GAZETTE LEGAL PUBLICATIONS 1/115/93 2011 184.00 118-41549-351 184,00 GENERAL OFFICE PRODUCTS OFFICE SUPPLIES 10/16/93 2012 129.08 101-41500-200 129.08 ST CROIX ANIMAL SHELTER SEPTEMBER ANIMAL IMPOUNDING 11/15193 2013 140.25 101-42700-418 146.25 CITY OF NORTH ST PAUL ANIMAL CONTROL VEHICLE 10/15193 2014 165.60 168-42708-415 166.88 TNT RECYCLING SEPTEMBER RECYCLING 10115193 2115 6,665.98 If$-43211-318 3,886.92 803-43210-318 1,779.86 F,X.L., INC. ASSESSOR'S CONTRACT 10115193 2016 1,216.16 101-41551-300 1,218.10 MCCOMBS FRANK ROOS ASSOC.., INC. SEPTEMBER PLANNER 11115/93 2617 1,767.90 110-41910-300 644.41 803-41910-300 1,113.50 TKOA AUGUST ENGINEERING 1/115193 2018 14,612.39 181-41931-300 981.82 402-41930-300 12,524.49 412-41930-304 972.25 803-41930-300 213.83 PETERSON FRAM S BERGMAN SEPTEMBER LEGAL 10115193 2019 6,859.05 160-41600-300 6,860.05 STATE TREASURER JAMES MCNAMARA CERTIFICATION 11115193 2020 20.01 101-42480-207 21.11 8JORKMAN, JIM 3RD QTR FIRE CONP 10/15/93 2021 359.78 110-42206-103 432.41 1 141-42208-122 -72.22 EDER, JOEL SRO QTR FIRE COMP 10/16/93 2922 163.41 141-42200-103 224.00 100-42211-122 -66.59 EDER, BILL 3RD QTR FIRE CONP 1#116/93 2023 377.01 110-42200-103 448.11 110-42208-122 -70.99 KUPFERSCHNIOT, AL 3RD QTR FIRE CORP 10/15/93 2024 261.25 111-42240-103 320.01 101-42210-122 -58.75 RICHARD SACHS 3RD QTR FIRE COMP 10115/93 2025 672.75 100-42208-103 808.69 168-42288-122 -135.25 JANES SACHS 3RO QTR FIRE COMP 1//15193 2026 547.68 110-42211-193 656.00 111-42286-122 -108.32 EDER, JOHN 3RD QTR FIRE COMP 10116193 2027 289.71 100-42201-113 376.19 110-42201-112 -86.29 GRE6 MALMQUIST 3RD QTR FIRE COMP 16115/93 2028 346.84 1/6-42214-103 416.10 100-42208-122 -69.16 DUROW, DAVE 3RD QTR FIRE COMP 10/15/93 2129 360.41 180-42280-143 432.01 160-42201-122 -71.60 SPELTZ, MIKE 3RD QTR FIRE COMP 11/16/93 2830 375.78 110-42284-113 448.06 101-42200-122 -72.22 KEN MARTENS 3RO QTR FIRE COMP 10116/93 2031 239.71 110-42210-143 295.11 104-42200-122 -56.30 BERNARDY, PAUL 3RD QTR FIRE COMP 1A115193 2832 283.50 101-42260-103 361.00 111-42210-122 -76.54 PALECEK, JOHN 3R0 QTR FIRE COMP 10/15/93 2933 361.56 111-42200-103 424.00 110-42200-122 -73.44 S( CLIFF 3RD QTR FIRE COMP 10115/93 2634 417.22 101-42200-113 488.50 110-42200-122 -04.78 SCHWARTZ, JERRY 3RD QTR FIRE COMP 10/15193 2035 322.89 110-42200-103 400.00 100-42201-122 -77.11 GOSEN, AL 3RD QTR FIRE CONP 10115193 2636 221.95 108-42260-103 296.01 181-42208-122 -74.05 PEPIN, DOUG 3R0 QTR FIRE COMP 10/15/93 2137 263.74 101-42200-103 328.01 OCTOBER 19th - page 2 List of Claiss for Approval For the period 10115/93 to 11115193 11115193 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT 104-42211-122 -44.26 SAOERGASKI, JOHN 3RO QTR FIRE CORP 11115193 2638 t56.55 111-42211-113 211.14 110-42210-122 -43.46 PILL 808 SIG QTR FIRE COMP 11/16/93 2139 251.32 101-42211-113 296.11 111-42210-122 -44.68 BEACH, GERRY 3RO QTR FIRE COMP 11115193 2040 $5.61 161-42111-163 96.01 101-42210-122 -40.39 HARTMAN, BRENNAN 3RO QTR FIRE COMP 11115193 2141 249.68 160-42219-143 312.01 111-42211-122 -62.42 JOHNSON, BRIAN 390 QTR FIRE COMP 11116193 2142 $03.17 111-42211-113 376.01 11/-42211-122 -72.83 HUELSNAN, SKY 3RO QTR FIRE COMP 11/15193 2043 428.72 111-42201-103 $14.11 10-42214-122 -75.28 HOWARD, CHRIS SIG QTR FIRE COMP 11/15/93 2144 440.53 111-42201-113 544.14 111-42211-122 -95.47 DAVIS, DENISE 3RO QTR FIRE CORP 14/15193 2146 284.92 101-42216-143 336.11 111-42201-122 -65.18 NARKUSON, CHRIS 380 QTR FIRE COMP 11/15193 2146 361,11 111-42206-103 432.11 101-42211-122 -71.39 SPELTZ, JOE SRO QTR FIRE COMP 9115193 2047 588.7E 111-42210-103 672.11 111-42201-122 83.23 VAN DERMELTRAADT, NARK 310 QTR FIRE COMP 11115193 2048 353.53 180-42210-103 418.11 111-42210-122 -64.47 BRAD WIBKELS SIG QTR FIRE COMP 1/11S/93 2049 114.49 111-42211-143 121.11 111-42211-122 -6.51 FIRE INSTRUCTORS ASSN.OF IN FIRE PREVENTION HANDOUTS 1//15193 2050 123.29 110-42200-431 123.29 TNT INC FIRE DEPT TRUCK REPAIR 11115193 2161 81.39 111-42201-220 81.39 YOUTH'S SAFETY COMPANY FIRE PREVENTION HANDOUTS 11/15/93 2052 576.84 111-42211-431 576,84 LAKE ELMO FIRE DEPARTMENT FIRE DEPT PETTY CASH REIMBURSEMENT 11115193 21S3 39.20 111-42200-217 39.20 LAKEVIEW HOSPITAL FIRE DEPT INJURY 1@115193 2164 164.00 111-42211-211 164.10 CLAREY'S SAFETY EQUIPMENT FIRE DEPT MAJOR SUPPLIES UPGRADE 1#115193 2155 4,129.24 111-42211-551 4,129.24 KINKO'S OF IN, INC. FIRE DEPT FIRE PREVENTION COPIES 11115193 2156 38.34 111-42210-431 38.34 LAKE ELIO OIL SEPT FUEL PURCHASES 10/15193 2157 1,128.67 110-42201-212 293.11 101-42410-331 51.25 111-46214-221 68.19 141-43101-212 727.12 GLENWOOD INGLEWOOD NAINT DEPT SUPPLIES 11115/93 2158 12.61 100-43101-223 12.61 WARNING LITES OF IN, INC. NAINT DEPT BARRICADE SIGNS 11115193 2159 211.29 111-43110-126 211.29 ACE HARDWARE MAINT DEPT SHOP SUPPLIES 11/16193 2160 66.31 111-43111-223 55.31 TJ AUTO PARTS NAINT DEPT PARTS 6 REPAIR 11115193 2161 46.75 111-43110-221 46.75 JUNKER SANITATION MAINT DEPT OURPSTER 11115193 2162 86.21 100-43111-223 85.21 MILLER EXCAVATING SNIVEL MAINTENANCE 11115/93 2163 406.46 140-43100-220 415.46 WASHINGTON COUNTY TREAS. GRADING ROADS IN AUGUST 11/15193 2164 314.46 101-43161-408 374.45 GOPHER STATE ONE -CALL MAINT DEPT - LOCATES 11115193 2165 4.51 101-43110-223 4.51 ELMER'$ REPAIR CHAIN SAW TUNE UP 11/15193 2165 31.16 111-43116-223 30.16 CONSTRUCTION BULLETIN ANNUAL SUBSCRIPTION 11115193 2067 115.01 111-43114-433 115.11 ELMO'S LUMBER G PLYWOOD NAIMT 6 PARKS SUPPLIES 11115/93 2068 48.94 101-43111-223 3.51 111-45201-219 46.44 ON -SITE SANITATION INC 5 PARK SATELLITES 11/15193 2063 346.11 111-45211-386 346.11 LAMPERTS LIONS PARK PLAYGROUNG EQUIP REPAIR 1111S193 2071 13.02 110-45206-219 13.12 OAKDALE, CITY OF SEPTEMBER WATER PURCHASED 1@115193 2011 761.26 611-49410-251 761.26 T.A. SCHIFSKY 6 SONS PEBBLE PARK TENNIS COURT OVERLAY 11/15193 2672 16,996.12 404-45206-630 16,996.12 TONER ASPHALT, INC. PARTIAL PMT 11 NSA PROJECT 11115/93 2013 132,835.21 412-43100-532 132,835.21 TOTAL 199,368.39 199,368.39 Cyr 9a9�q LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612) 439.2878 JAMES F. [,AMMER$ FAX (612) 439-2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. 5HOESERG THOMAS J. WEIDNER October 15, 1993 SUSAN D. OLSON Ms. Mary Kueffner City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 In Re: Collyard/Colosimo Minor Subdivision Request Dear Mary: As you know, this office represents Danny and Gail Collyard with respect to trying to solve the problems associated with the property they own located at 8896 Jane Road North in the City of Lake Elmo. It is my understanding that the Planning Commission has recommended approval of this minor subdivision as submitted, subject to several minor conditions. I also understand that the Lake Elmo City Council addressed the matter on October 5, 1993, but that the issue was tabled until October 19, 1993. 1 would like to address for you the Collyards' position with regard to this proposal. The property in question is currently owned in fee simple title by Danny and Gail Collyard. The Collyards purchased the property from Ron and Grace Colosimo. The Colosimos had originally wished to divide the property into three lots. However, the, Colosimos were told by the City of Lake Elmo that no subdivision would be possible unless Isle Avenue North was improved as a through street to connect up with Gaylen 5pringborn's proposed subdivision to the north of their property. The cost of installing the through street was cost prohibitive. The Collyards entered into the picture because they were looking for a home. The Colosimos had already moved to Arizona along with all of their furnishings and they desired to sell their land. In the Purchase Agreement between the Collyards and the Colosimos, there was an option which would allow the Collyards to purchase either all or only a portion of the land now in question. The Collyards exercised their option so as to buy only a ( portion of the land. Pursuant to the Contract between the Collyards and Colosimos, the land would then have to be subdivided. The parties have been in disagreement for the last three years as Ms. Mary Kueffner October 15, 1993 Page 2 f to how the subdivision must be accomplished, and which side must pay for it. Attached you will find a copy of an order signed by Judge Maas of the Washington County District Court. The Order lays out a settlement which was agreed to by the Collyards and the Colosimos. Attached to the Order is a copy of the Contract which the Collyards and Colosimos had entered into. In short, the Collyards maintained that a road should be installed from Jane Road North to the presently existing cul-de- sac. The Collyards were of the belief that the road should be paid for by having the Colosimos pay for all of the road except for 246 feet, which would be paid for by the Collyards. The Collyards view the Contract as requiring the Colosimos to also pay for the Maistrovich side of the road. (See paragraph 3(a) of the Contract). The Colosimos viewed the Contract as requiring them only to obtain any subdivision approval from the City. They did not believe it required them to install Isle Avenue North as a through street. Consequently, the Colosimos suggested the option of a cul- de-sac as a way of resolving the dispute. The final settlement agreed to by the parties provided for the construction of a cul-de- sac. C Please understand that the Collyards, to this day, would still prefer that Isle Avenue North be constructed as a through street. They have been ready, willing, and able to pay for their percentage of the construction costs as per the Contract they have had with the Colosimos. However, the Colosimos did not wish to pay for the remaining costs of the road. Consequently, the Colosimos have been continually trying to find a less expensive method of having this subdivision approved. The sole reason for the "cul-de- sac" settlement was to save money. I have been provided a copy of the transcription of the October 5, 1993 City Council Meeting. As I understand it, Councilperson Dick Johnson expressed certain safety concerns regarding the extension of the cul-de-sac. The. Collyards have shared those concerns. The Collyards believe that a through street provides the greatest safety to all. Additionally, the Collyards believe that the construction of Isle Avenue North as a through street would enhance the value of their property and provide a more convenient access to their property. The Collyards have traditionally accessed their property via the Isle Avenue North easement. They intend on continuing to do so even after the cul- de-sac has been constructed. You may recall that the Collyards and the Colosimos came before the City Council a little over a year ago asking for the f City to approve of the construction of Isle Avenue North as a through street. That proposal envisioned that the costs of Ms. Mary Kueffner October 15, 1993 Page 3 construction would be assessed pursuant to Chapter 429 of Minnesota Statutes against all benefitted properties. It was decided by the City Council that there was insufficient benefit to the abutting properties to justify that project. The Colosimos did not make known to the City Council that, pursuant to the Purchase Agreement with the Collyards, if the road were required to be improved, the Colosimos had specifically agreed to pay all of the assessments which could be assessed against the Maistrovich property. it appears to us that the City Council was not made aware of that when it decided the issue. Nonetheless, the proposal was denied and the City now has before it the issue of whether or not this subdivision with an extended cul-de-sac will be approved. The Collyards ask the City Council to approve of the subdivision. Please note that pursuant to paragraph 11 of the Court's Order, if this subdivision approval is denied by the City Council, then the Collyards and Colosimos will come back before the City Council asking that a through street be approved and that the costs be divided entirely between the Collyards and the Colosimos for the construction of the road pursuant to the terms of the Contract. The Collyards, at this point in time, are asking the Council to do the following. First, approve of this subdivision and the extension of the cul-de-sac. Second, the Collyards and Colosimos will jointly be petitioning the City to vacate the remaining Isle Avenue North street easement. Once the cul-de-sac is in place, there will be no need from a planning and zoning perspective to retain the easement. The easement was given to the City for the specific purpose of constructing a road. The City has already denied a request to pave the road. By approving of this subdivision, the City will also be impliedly voting that the road will not be constructed. There simply would be no further practical need for that road. All abutting properties would have necessary road frontage pursuant to City Zoning Code. As a practical matter, the City should also vacate the easement. The existing easement is a safety hazard and an outstanding liability for the City. It would be a stretch of anyone's imagination to term the path existing across the easement as a "road". It is simply a rutted path used for vehicular traffic. The grass alongside the path grows in excess of 4 feet in height. Additionally, the area drifts in fairly deeply in the winter. During the summer, children walk across and drive their bicycles across the easement. As the path goes over small hills and winds somewhat, there have been several near collisions between children and automobiles. While the Council may believe that no one drives over the easements, that simply is not true. Many neighbors drive over the easement, frequently at ver high speeds. Additionally, the path which exists does not traverse simply the easement area. A portion of the path drives onto the Ms. Mary Kueffner October 15, 1993 Page 4 Collyard property. If the City is of the opinion that people should be allowed unlimited rights to drive over the "easement", then the Collyards will demand that the City insure that no portion of the travelled path cross Collyard property. If this is not done, the Collyards will certainly consider filing a suit against the City of Lake Elmo for an inverse condemnation. It is the position of the Collyards that the Isle Avenue North easement was deeded to the City for the lone purpose of constructing a public road. The City has already indicated that it has no interest in improving the easement into a public road. Consequently, the Collyards believe that area should be vacated. If Lake Elmo determines that it would like to improve Isle Avenue North as a through street, the Collyards have no opposition to that proposal. However, the road should be widened and improved to City standards. It should also be maintained by the City. In conclusion, the Collyards ask that the City Council approve of the minor subdivision request as has been submitted. The Collyards will also be back before this Council in the future asking that the Isle Avenue easement be vacated. while we understand that the vacation issue is not properly before the Council at this time for a vote, the Collyards do want the City to understand the full picture of what is going on here, as well as understand the Collyards position in this matter. I would appreciate it if you ovide a copy of this letter to the Mayor and Council ers for the City so that they will be apprised of the Col ardsI position wren they meet on October 19, 1993. Thank you fgx' your antiq#Ated c9dperation. yours, G. Galler GGG:dmr Enclosures c: Danny & 753496 STATE OF MINNESOTA COUNTY OF WASHINGTON Danny M. Collyard and Gail L. Collyard, husband and wife, Plaintiffs, V. Ronald S. Colosimo and Grace •M. Colosimo, husband and wife, Defendants. DISTRICT COURT TENTH JUDICIAL DISTRICT Case Type: Contract Court File No.: C7-91-1864 ORDER The above -entitled matter came on for Court Trial before the Honorable Kenneth J. Maas, Jr., Judge of District Court, on the 24th day of May, 1993, at the Washington County Government Center, Stillwater, Minnesota. The Plaintiffs were present in Court and represented by their attorney, -Gregory G. Galler, Esq., Stillwater, Minnesota. The Defendant Grace M. Colosimo was present in Court and represented by the Defendants' attorney, Michael M. Bader, Esq., St. Paul, Minnesota. After lengthy and thoughtful settlement discussions, the parties announced to the Court that they had reached a settlement of all issues and read into the record the Stipulation of the parties. NOW, THEREFORE, based upon all of.the files„ records, and proceedings herein, and based upon the Stipulation, of''fihe,parties, the Court makes the following Finding ; ,"dt rM9TAQhgn+onsruef o.. �n•� rYof ��t�f9 ' Law.ord o! the , 6d}�W'e and of ( 4?ted this e.. a ortinal,oq flaIsa a trbe Y D! CW r� Adntlnn or 19 gy "Or; . � A'mwu even Minn, 6Q h n Cevrsr,. Fill V..- G -7- FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That the Defendants Ronald S. Colosimo and Grace J. Colosimo have an interest in the real property legally described below by reason of the mortgage upon said property recorded as Document Number 519987 in the office of the County Recorder of and for Washington County, Minnesota, and by reason of the parties-' intent to convey less than the entire tract of land legally described as follows: That part of Government Lot 5, Section 9, Township 29 North, Range 21 West, described as follows: Commencing at the intersection of the East line of said Government Lot 5, with the center -line of Lot 8, a 66 foot wide street in Krause's Addition; thence Westerly along said center -line 490.0 feet to the point of beginning; thence continuing on the same center -line 78.43 feet to a point; thence on a curve to the right, the center -line of a 66 foot wide roadway easement, having a radius of 201.85 feet for a distance of 252.95 feet to, a point; thence continuing on center -line of said easement on a bearing of North 19 degrees 04 minutes West, 365.73 feet to a point; thence continuing on center -line of said easement - ---on- bearing of North 21 degrees 16 minutes West 254-.59 feet and there terminating at a point in the Northerly line of said Government Lot 5, said point being 341.46 feet East of the Northwest corner of said Government Lot 5; thence on a bearing of South 89 degrees 28 minutes 36 seconds East along said Northerly line 488.34 feet to a point; thence on a bearing of South 0 degrees 21 minutes 39 seconds West 713 feet to the point of beginning, and containing 5 acres, more or less, excluding the 33 feet wide 1/2 of the 66 feet wide easement for roadway purposes, as the center -line is described along the Southerly and Westerly limits of the above described parcel. According to the United States Government Survey thereof. Based upon the foregoing Findings of Fact and the Stipulation of the parties, the Court orders as follows: 0 ORDER 1. That Plaintiffs and Defendants shall, at the earliest possible date, make joint application to the Lake Elmo City Council for a minor subdivision of the subject property and relocation of the temporary turnaround from Springborn's Acres 2nd Addition to the location as the "cul-de-sac" shown on the attached drawing dated September 1, 1990, which is attached hereto and incorporated into this Order. 2. That the Defendants shall pay all costs incurred or assessed against either the Plaintiffs or the Defendants for vacating, if necessary, the temporary turnaround located at the Southern border of Springborn's Acres 2nd Addition, and the construction of the temporary turnaround as shown on the attached drawing dated September 1, 1990. Additionally, Defendants shall indemnify, defend, and hold the Plaintiffs harmless from all lawsuits, liens, and/or claims of any kind arising from the construction of the temporary turnaround. 3. That the Plaintiffs shall sign a Quit Claim Deed conveying to the City of Lake Elmo that portion of the temporary turnaround as will exist upon their property. That Defendants will obtain the necessary signatures on a Quit Claim Deed to convey to the City of Lake Elmo that portion of the temporary turnaround which will exist on the Maistrovich property. 4. That as soon as possible, the parties shall apply to the Lake Elmo City Council for minor subdivision of said property as follows: The northernmost lot (which encompasses the location 3 0 of the Plaintiffs' residence) shall consist of 2.9 acres, including a portion of the temporary turnaround. The southern lot shall consist of 2.16 acres, more or less. Further, the lot line shall be drawn at a right angle to the eastern lot line of the property. 5. Defendants shall pay for all subdivision, surveying, and drawing costs, including, but not limited to, placement of irons, preparation of applications, preparation of maps, and drafting of legal descriptions to accomplish the minor subdivision and the construction of the temporary turnaround. 6. That if the Lake Elmo City Council approves the minor subdivision as. specified herein, Plaintiffs shall quit claim the southern 2.16 acre lot (more or less) to the Defendants, and the Defendants shall simultaneously grant and deliver to the Plaintiffs a Satisfaction of Mortgage for the Mortgage recorded as Document i Number 519987. That the cost of filing the Satisfaction of Mortgage, together with the cost of filing the Quit Claim Deed, shall be borne by the Defendants. 7. That Plaintiffs shall vacate and remove all personal property of theirs from the pole barn located in the southern 2.16 acre (more or less) •lot, within ten (10) days of the recording of said Quit Claim Deed and Satisfaction of Mortgage. 8. That construction of the temporary turnaround shall commence as soon as possible after City Council preliminary approval of the minor subdivision. Construction shall proceed with all deliberate speed until completion. The Defendants and/or their agents, representatives, or contractors shall restore the land 4 surrounding the temporary turnaround to at least as good of a condition as existed prior to the construction of the temporary turnaround. The temporary turnaround shall be paved with blacktop according to Lake Elmo City Standards. Said construction shall be completed in such a fashion that the Plaintiffs are not denied access to their lot. 9. That after City Council approval of the minor subdivision, the parties mutually agree to jointly petition the Lake Elmo City Council to vacate the remainder of the Isle Avenue North right-of-way between the temporary turnaround located on Springborn's Acres 2nd Addition and Jane Road North. 10. That in the event the Lake Elmo City Council vacates the Isle Avenue North right-of-way as described above, and in the event said vacation results in the Plaintiffs losing the use of said right-of-way (as they currently possess) for ingress and egress .to and from their property, then and in that event, Plaintiffs are granted a 30 foot wide easement for purposes of ingress and egress to and from their property, over and across the southern 2.16 acre (more or less) lot. Said easement shall exist over the western -most 30 feet of said southern lot. 11. That in the event the Lake Elmo City Council does not approve the minor subdivision, according to the terms specified herein, then both parties shall jointly petition the Lake Elmo City Council for improvement of Isle Avenue North from Springborn's Acres 2nd Addition to Jane Road North. Said Petition shall request a 22 foot wide public road to be blacktopped and constructed 5 according to City Standards. Said road shall be funded according to the formula specified in paragraph 3(a) of the contract between the parties and known as "Exhibit C" (attached hereto and incorporated herein by reference). 12. That the parties hereto shall each use their best efforts, in good faith, to carry out the terms of this Order. 13. That upon completion of all of the above, the parties shall certify that this case has been fully and finally resolved. At that time this Court will dismiss all claims and counter -claims in this matter with prejudice and on the merits, but without costs, disbursements, or attorney's fees to any party. 14. The Court Administrator of this Court shall mail a true and correct copy of this Order to the Attorneys for each of the parties hereto. Said mailing shall constitute due and proper service of this Order for all purposes. IT I8 80 ORDERED. �LLET JUDGMENT BSc CENTERED ACCORDINGLY. Dated this C� day of V to , 1993. BY THE COURT: �nnet J. Maas, Jr. 4ge of District Court "Pursuant to Rule 58, Civil Rules of Procedure, I hereby certify that the above Order constitute the jugment of this Court. Marie Sunlitis Court Administrator Dated July 9,1993 By, 1. r de , ty 6 TOW )111 ON N Z'p Its A e Owner: Ronald (z r obsimo Grace M coiosimo -'r 4 8826 N. 861h Street Scollsdole, AZ 85258 tele:(6021 948-3285 Owner: Dan M. Collyord 8896 Jane Road N. Lake Elmo MN 55042 yr lefe. f 77-1504 k ' _PRELIMINARY PLAT OF I THE MEADOWS Pion By: Bruce A. Foil 8 Assoc. 1815 Northwestem Ave. Stillwater, MN 55082 telex 439-8833 d I "Al Mew 1 0, EXHIBIT "Co TO PROMISSORY NOTE BETWEEN RONALD S. COLOSIMO AND GRACE M. COLOSIMO, HUSBAND AND WIFE, SELLERS; and DANNY M. COLLYARD AND GAIL L. COLLYARD, HUSBAND AND WIPE, PURCHASERS, DATED OCTOBER 9, 1986. PURCHASERS, OPTION 1. Recitals. The provisions of this Purchasers' Option, constitute additional terms of the Promissory Note by Danny M. Collyard and Gail L. Collyard, husband and wife ("Purchasers") dated October , 1986 in favor of Ronald S. Colosimo and Grace M. Colosimo, husband and wife ("Sollars") The Property described in Exhibit "A" to said Promissory Note contains approximately five (5) acres of land. That five (5) acres of land has been divided into three (3) separate lots in the preliminary plat of THE MEADOWS (a copy of which is annexed to said Promissory Note as Exhibit "B"). The single family house which is located on the Property is located on Lot 3. Lots I and 2 contain approximately 1.5 acres each_ The preliminary plat of THE MEADOWS was reviewed by the City of Lake Elmo, but the City has not approved the final plat. The parties understand and agree that as a condition for approval for the final plat of THE MEADOWS the City of Lake Elmo will require that Isle Avenue North be improved and blacktopped to City standards. The Purchasers wish to purchase the house and the 2.06 acres described as Lot 3 in the said preliminary plat for a purchase price of one hundred fifty thousand dollars (4150,000.0o). The Purchasers, also, want an option to purchase the remaining 3 acres for forty thousand dollars (S40,000.00). The Sellers are unable to convey title to the land included within the said Lot 3, separate from the Iand'included in said Lots 1 and 2 until a final plat has been approved by the City of Lake Elmo. For that reason, the parties have agreed to the sale and purchase of all of the property for a purchase price of one hundred ninety thousand dollars ($190,000.00), with the provision that the Purchasers may avoid the obligation to pay the forty thousand dollars (540,000.00) thereof wirich represents that portion of the purchase price attributable to that part of the Property described as Lots I and 2 (the "Option Property") by releasing and reconveying their interests therein on or before October 1, 1989. If the Purchasers exercise their option to avoid paying the forty thousand dollars ($40,000.00) for the three acres included within said Lots 1 and 2, then the parties acknowledge that it k-ill be necessary to secure subdivision approval and a release of said Lots l and 2 from the existing first mortgage in favor of the Town ( and Country Hank - Newport. The Sellers are willing to assume the obligation, costs and risks, if any, in securing such subdivision approval and release, if the Purchasers exercise the option granted herein. To accomplish these purposes, the parties have entered into this Purchasers' Option. 2. Purchasers' Option. The Purchasers shall have the action to avoid paying the forty thousand dollars ($40,000.00) required to be paid by this Promissory Note on or before October 1, 1989, by delivering to Sellers, on o`r before October 1, 1389 a Written natiG2 that Purchasers wish to exercise this Option and are willing and able to execute a quit -claim deed and such other instruments of release or conveyance as may be reasonably necessary to release and convey all of Purchasers interest in the Option Property to Sellers. 3. Subdivision Approval and Costs. In the event Purchasers Exercise this Option and release and reconvey their interest in that portion of the Property included in Lots 1 and 2, then it shall be the obligation of Sellers, at their cost, to secure such subdivision approval as may be necessary to accomplish the subdivision Lots 1 and 2 from Lot 3 which will remain the property of the Purchasers. The Purchasers shall have no obligation or responsibility to .pay any costs or to participate in the securing said subdivision approval, except as follows: (a) In the event Sellers are required to improve and blacktop Isle Avenue North, as laid out in the said preliminary plat, as a condition of subdivision approval, then Purchasers shall share in the reasonable cost of such street improvements, including blacktopping, allocated on a front -foot basis. Specifically, the reasonable costs of said street improvements, including blacktopping, shall be divided and allocated to each of the properties having frontage an said street on a front -foot basis. The Purchasers' share of such costs shall be calculated an the basis of two hundred forty-six (246) feet (being the frontage for said Lot 3); the Sellers' portion will be calculated on the basis of the frontage of Lots 1 and 2; and, the landowners on the West side of said street would be allocated a portion of the costs based on the frontage on the west side of the street. The Sellers shall have the obligation to pay all of the' costs of such said street improvements, including blacktopping, whether or not Sellers are able to collect a portion of the costs thereof from the landowners on the West side of said street. Purchasers shall have no obligation to pay more than their pro rata share of such costs for the two hundred forty-six (246) feet of frontage allocated to said Lot 3. -2- (b) Purchasers agree and shall be obligated to cooperate with Sellers in securing such subdivision provided the costs of securing the subdivision shall be the sole responsibility of tlj Sellers. (c) I£ at any time prior to October 1, 1989, Purchasers decide to seek subdivision approval' at their own cost, then, Sellers agree to cooperate with Purchasers in securing such subdivision approval. 4. Mortgage Release and Costs. In the event Purchasers exercise this Option and release and reconvey their interest in the Land included in said Lots 1 and 2 to the Sellers, Purchasers shall cooperate with Sellers, to the extent reasonably necessary, to permit Sellers to secure as release of said Lots 1 and 2 from the existing first mortgage in favor of Town and Country Hank - Newport. .All costs incurred in connection with securing such release shall be paid by the Sellers. The Purchasers shall have no obligation to secure such release beyond cooperating with Sellers in Sellers' efforts to secure the same, at Sellers' cost. SELLERS -3- PURCHASERS eltach of Ouardim Aifgels 8260 Hudson Boulevard Lake Elmo, Minnesota 55042 July 21, 1993 Jess Mottaz 8770 N Demontreville Trl Lake Elmo MN 55042 Dear Mr. Mottaz: A while ago someone from the White Hat Restaurant called me and said you were the one to talk to about getting a "street light" at the corner of Guardian Angels Drive and 4th Street. As we get nearer fall - and evening classes begin again, I'd like to ask your help in obtaining such a light. What process should I follow? Also, do you have anything to do with road marking/striping? What process should I follow to get Guardian Angels striped - at least the 500 feet nearest 4th Street? Thank you very much for your help in these issues. jincely, J / Riehle h Administrator 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 Agenda October 19, 1993 5:00 P.M. Recodification Workshop Convenes 6:00 P.M. Executive Session: Update from Attorney on Olson Lake Estates Development 7:00 P.M. Regular Meeting Convenes 1. Pledge of Allegiance 2. Agenda 3. Minutes: October 5, 1993 October 12, 1993 4. Claims 5. Public Informational (A) Suburban Cable Commission (SCC) (B) Surface Water Utility (Barbara Walsh) (C) Other 6. Unfinished Business (A) Resolution 93-71: Minor Subdivision for Collyard/Colisimo (B) Resolution 93-72: Joint Powers Agreement for utilities in Section 32 and 33 (C) County Road 10 Bike Path: Recommendation from Parks Commission (D) Derrick Lots (DeMontreville Highlands) Recommendation from Parks Commission (E) Other (over) 7. Planning, Land Use and Zoning (A) Public Hearing: Variance from Ordinary High Water Mark and Bluff Line: Applicants: William & Christine Friederich (B) Metropolitan Airports Commission CIP 1994-2000 8. City Engineer's Report (A) Partial Payment#1 ($132,835.21) to Tower Asphalt " " #2 ($ 58,478.91) It " (B) 1993 Overlay Project Partial Payment #1 ($31,695.65) (C) Hazardous Elimination Safety Program - Sign Inventory (D) Olson Lake Estates Pond - Update (E) Isle Avenue Cul-de-sac Options 9. City Attorney's Report 10. City Council Reports (A) Mayor John: Letter from Sheriff Trudeau (B) Council Member Conlin: Resolution from Forest Lake Township regarding Municipal Board (C) Council Member Johnson: (D) Council Member Johnston: (E) Council Member Mottaz: 11. City Administrator's Report (A) Recommendation from MAC Committee on (1) Snowplow for new Tractor (2) Brake Repairs for 75C Loader (B) Other 12. ADJOURN y P. B oPeP,>nn Jerome _ p_ TERSON� erome P. Fllla Daniel Witt BFramergman T�7"1 T 7t K BERG ,( T r T Glenn A. Bergman �t lwl 11\IV-Awl\V/11 LL]111 \VI John Michael Miller e Gary W. Becker' 'imothy I. Hassett" Michael T. Oberle Kenneth A. Amdahl October 5, 1993 Mary Kueffner City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 RE: Our File No.: 11135/920001 Mary: P.O. Box 2010 St. Paul, Minnesota 55102-0010 (612) 291.8955 (612) 228-1753 facsimile Melvin J. Silver, Of Counsel The City Council has inquired as to the manner in which it may effectively oppose legislation which would expand a City or property owner's ability to petition the municipal board for annexation. various legislators have told me that, in most cases, local legislation which is supported by local representatives will be approved. Consequently, it seems essential that local representatives be persuaded to oppose legislation which is perceived as harmful to the interests of the City of Lake Elmo. Sometimes people can be persuaded by logical arguments. In this particular case, the following arguments could be made: 1. The City of Lake Elmo is interested in providing sewer and water services to parts of Section 33 and adjoining areas because it would stimulate economic development which would improve the City's tax base and allow the City more control over the manner in which the City will develop along its borders. 2. Various state policies seem to encourage cooperation between local units of government so that essential services can be provided in a cost effective manner. 3. A joint sewer and water project in Sections 32 and 33 would make economic sense for Lake Elmo, Oakdale and their citizens. All or a portion of the cost of a joint project can be recovered through special assessments which, in our case, can only be levied on property within the City of Lake Elmo. ' ALSO ADMITTED IN FLORIDA ILLINOIS WASHING DON D.C. AY.^ WISCONSIN. 'REAL PROPERTY LAM SPECIALIST. CERTIFIED TV THE RU.L PROPERTILAW S6O'10k O"TL'E .MINNESOTA.. SLIIE EA4' ASSOC Mary Kueffner October 5, 1993 Page 2 5. Maintaining control over Lake Elmo property located in Sections 32 and 33 allows the City to finance its share of the cost of a joint project more economically. 6. The City has submitted a proposal for a joint project which will accomplish the objectives of both Lake Elmo and Oakdale in a more economically efficient manner than either City could accomplish alone. 7. The state legislature should not adopt legislation which could frustrate existing state policies encouraging cooperation between local units of government and which would result in a greater combined cost to state citizens. The above scenario would have to be fine tuned and details would have to be added in order be persuasive for local representatives. However, it seems of primary importance to me that a feasible plan for a joint project be approved by the City of Lake Elmo and presented to Oakdale, within a reasonable time frame and in advance of the introduction of any new legislation. The City needs to ask itself if it is committed to a joint project. Taking reasonable action toward the implementation of a joint project would place the City in a better position before the municipal board and the District Court if those avenues need to be pursued. I believe it is important to be able to argue to the municipal board that the City of Lake Elmo is ready, willing and able to provide necessary services to its citizens. It is possible that the City may expend a great deal of energy in trying to accomplish long-term goals and lose sight of short-term objectives. Expanding the MUSA area and undertaking a three city project to expand the capacity of the sanitary sewer interceptor may have to take a temporary backseat to the City's effort to undertake a joint sewer and water project if the City's attempts to defeat anticipated legislation are going to be effective. JPF:bap Very truly yours, CJ:e me Fills. OCT 01 193 15:10 TKDA ASSOC., INC:. 292-0083 F.9 TKDA. TOLTZ, KING, DUVALL, ANDEA$ON AND ARAOOIATr$, INOORPORATSO $NQINORF18 ARCHITECTS PLANNSFIS IMPIPpRJAFFRAV PLAZA 4440EDANeTREET BNNT PAUL, MINNESOTA 05101914 PHON94121102J400 FAX:0124102-0.003 October 1,1993 Honorable Mayor and City Council Lake Elmo, Minnesota Re: Olson Lake Estates Pond Lake Elmo, Minnesota Commission No, 9150-003 Dear Mayor and Council: On September 30,1993, a meeting was held relating to the Olson Lake Estates Pond discharge to Olson Lake, Representatives of the following governmental entities were present: Minnesota Department of Natural Resources Minnesota Pollution Control Agency Barr Engineering Valley Branch Watershed District City of Lake Elmo City of Oakdale TKDA US Corps of Engineers were not present The following is a summary of the discussions: I, DNR The plan that the DNR reviewed and approved was dated December 21,1988. The plan = show the proposed outlet to the Olson Lake Trail culvert and the DNR missed it. The DNR's authority to review this plan is because one wetland (383W) was planned to be filled for road construction and another wetland (477W) was to be altered by expanding It to create the large central wetland, The DNR also has jurisdiction if an outlet is used as the level control structure. The DNR's concerns are whether the pond constructed as shown on the plans and whether the quality of the water reaching Olson Lake can be improved. 2, USCOE Even though the COE was not at the meeting they passed on their concerns to the DNR before the meeting, The COE jurisdiction is any time a wetland is altered, The COE's concern is whether the pond was constructed as planned, OCT 01 193 15:11 TKDH & ASSOC., INC. 29r_-008.3 P.10 F Honorable Mayor and City Council October 1,1993 Page 2 3. V13"C D and Barr Engineering Barr explained that their criteria for "no increase in rate" when dealing with municipal boundaries is to look at the entire length of the municipal boundary and limit the discharge across the boundary to th4:jgd flow crossing a boundary before development. As I understand it, this would allow a municipality to alter the location of flow, even to a location where it had not gone before, as long as the lQtal flow crossing a boundary would not change, An exaggerated example of this principal is if the Olson Lake Trail culvert flowed full once each year under present conditions, additional area could be directed to this culvert so that it would flow full all year-round so long as the rate did not increase. The plan reviewed and approved by the VBWD was also dated December 27, 1988, The permit allowed the central pond construction and the outlet construction. The permit lists 966,9 as minimum building elevation. 4, City of Oakdale Carl Peterson and Associates has a good relationship with the City Council. The City does not inspect the pond construction themselves but rely0on a certification by a registered land surveyor as to the "as -built" conditions. The City became aware that the developer had changed the grading plan on the south and of the pond to create more back yard on two or three lots. This plan was revised dated January 28,1993 which was Afta all permits were issued, The City does not check building elevations routinely and acknowledges some homes got built too low. The developer has a different interpretation of what minimum building elevation means. During these past high pond water conditions, the low homes experienced no water damage; but the sump pumps did turn on. All new homes in Oakdale are required to have drain tile and sump pumps, Oakdale does not anticipate asking for any alteration of the operating levels of this pond on account of the lower than planned basements. The developer's letter of credit has expired. 5. Conclusions The DNR has asked for an independent survey of the central pond to determine whether the pond has the volume as originally planned. If it does not, they will ask the City of Oakdale to restore it to its original planned elevations because the City now owns the outlot containing the pond, The DNR and COE may commence action against the developer for altering a wetland without permit by changing the grading plan at the south -end after the permits were approved. OCT 01 '93 16:11 TKDR & R'=SOC., INC. 292-0083 F.11 Honorable Mayor and City Council October 1,1993 Page 3 The consensus of the people at the meeting is that the water quality corning out of the pond would probably improve if the pond were allowed to function as planned with a gradual release. By plugging the pipe and then letting it all out, the bottom is stirred up and more sediments are released. An outlet was pernvtted by the VBWD and indirectly by the DNR by not recognising it. l don't think either of these agencies will reverse their decision. The best hope for eliminating all discharge is to convince the VB WD to pursue the other options they listed in their 509 plan revisions. Sincerely, Larry D. Bohm, P.E. LDBJmha douses, tre -to runoff in By Dennis Cassano StaffWrter The sudden appearance of a mile - long lake in Woodbury has prompted It Department of Natural Resources official to charge that the suburb al - )owed itself to grow too fast. This summer, water runoff from nearly two-thirds of the city flooded a brace -marshy area that has become Bailey Lake, killing more than 100 trees in a rare oak savanna. It has forced the city to es are lost houses and relocate the families at a cost of about $400,000 so the water can be drained. In addition, a princi- pal road has been flooded and closed since August.. The water washed out a residential driveway that the city has rebuilt twice. An emergency plan has been developed in case expensive houses adjacent to the lake have to be sandbagged and the homeowners evacuated during the spring thaw. And developers were told this month that future projects will not be a] - Woodbury continued on page I6A Staff Photo by Duane Braley f Woodbury's new lake has closed Dale Rd. since August and forced the city to buy two homes and relocate the families at a cost of about $400,000. ;Woodbury/ City had planned to create lake, but not this soon Continued from page 1A o_ - Shodeen said this week, "We cold this week "W e Iola lowed to increase the vomme or rare of rainwater runoff in the city. City officials deny that they have failed to keep up with the rapid de-' velopment in one of the fastest -grow- ing cities in the metropolitan area and contend that the unusually wet summer is the cause. "It was the rain!" said Joseph Ander- lik, the city's engineering consultant at Bonestroo, Rosene, Anderlik & Associates in Roseville. But Molly Shodeen, a state DNR hydrologist, said water began pond- , ing in the area in May, before the heavy rain started. Residents on both sides of the lake, who live in houses valued from ;$,150,000 to $350,000, have been on edge since the summer. "We're really sad about losing the trees, but the ¢hought of having water come up to `the house and having to be evacuated 5s a much greater concern," Dagni Yze said as she looked at the water .through her kitchen window. !Her husband, David, said neighbors °ire considering filing lawsuits. "None' of us wants a lawsuit, we just want to end up the way they found us," he said. a aWith nearly 1,000 homes built last ?year, Woodbury became the metro- politan area's third -fastest growing city, and the growth is continuing ;this year. p ,When this past summer's rain ran bff roofs and pavement instead of Into the ground, it flowed into a `system that Shodeen said has not kept pace. "The volume of water ,exceeded the planning process," she laid. "It's so evident, it doesn't take a aitydrologist to figure it out." A [She and other DNR officials visited the area in May to help the city develop the plan to turn a marshy area into a storm water holding pond in three years. But the area, which vas to be named Bailey Lake, already vas holding water, she said, even +though the rain had not started. had already exceeded the plan," said. "Then we r "he rains, and planning became backpedaling." Although unexpected consequences from development sometimes hap- pened years ago, she said, "I don't think it's very responsible in this day and age. They should have had a better handle on it" The lake starts at Bailey Rd. on the north and has overflowed and closed Dale Rd. on the south. The city did not expect the lake to be full until 1996, said city engineering technician John Luckfield. It is the southernmost and last in a chain of lakes that drain not only two-thirds of Woodbury but also parts of Lake Elmo and Oakdale to the north. The water has killed more than 100 bur oak trees around the lake that are more than a century old, a rare rem- nant of the prairie that once existed. Luckfield said city officials decided this past spring at the urging of Sho- deen and other DNR officials to low- er the planned lake level of 870 feet to 868 feet above sea level to pre- serve the trees. way auvwu yaww .emu. a.a. yw.q upset about the loss of those trees." Luckfield said the city has not calcu- lated what the problem will cost The lake level must be lowered this fall, he said, so the lake can accommodate runoff from the spring thaw next year without inundating the homes or their septic systems. Although the city has been planning since 1979 to create the holding pond that would be called. Bailey Lake, officials realized this year that the mile -long area would have to be ex- tended another half mile, south of Dale Rd. He said the new area would cover more than 25 acres. The city does not yet know what the addition- al area will cost, he said. Water control devices to direct the flow southward into Cottage Grove are to be built next year, Luckfield said. Eventually, the water runoff from Woodbury will flow into the Mississippi River. To get to the river, Bailey Lake must be drained through the property of Dean and Julie Fermenick, who own one of the two houses being pur- chased by the city. They were shocked when the city told them in the spring that they had to move from the house they have lived in for 25 years. "We had lost control of our lives," Dean Fermenick said. "There were a lot of sleepless nights, a lot of anger and frustration because we couldn't do anything about it." He said they realized that "we were like the plug in the tub. They couldn't run the water around us," so they had to move so the city could pull the plug. "Now it's over and done with," Fer- menick said. They'll move Thursday into a town- house to await completion of their new house about a mile up Dale Rd., safely "up on higher ground," he said. "They can't put a lake on [that] without flooding the whole county."