HomeMy WebLinkAbout10-05-93 CCMMINUTES APPROVED: October 19, 1993
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 5, 1993
Mayor John called the council meeting to order at 7:02 p.m. in the city council
chambers. PRESENT: Conlin, John, Johnston, Johnson, City Engineer Bohrer, City
Attorney Filla and Administrator Kueffner. ABSENT: Mottaz.
6:00 p.m. Intergovernmental Meeting
1. AGENDA
ADD: 4B. Hometown Days Proclamation, 513. Submission of Lake Elmo City Center
concept plan in Newsletter.
M/S/C Conlin/Johnson - to approve the October 5, 1993 city council agenda as
amended. (Motion carried 4-0).
2. MINUTES: September21, 1993
M/S/C Johnson/Conlin to approve the September 21, 1993 city council minutes as
amended. (Motion carried 4-0).
3. CLAIMS
M/S/C Johnson/John - to approve the October 5, 1993 claims #1973 through #2005
as presented with the exception of Claim #2004 Partial Payment #1 MSA Project,
Tower Asphalt and request documentation by the city engineer for the October 19th
meeting. (Motion carried 4-0).
4. PUBLIC INFORMATIONAL:
A. Public Inquiries
Dave Lang asked for an update on the city's position regarding some form of civil action
now that construction has started on Shenandoah Valley. Administrator Kueffner
explained whenever a development is proposed for that area the city has the right to
request a metropolitan significance review by the Metropolitan Council. Their legal staff
along with Barb Sennes and Dick Thompson are looking into this and will report back
to the city administrator.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 1993
B. Hometown Day Proclamation
WHEREAS, the City of Lake Elmo, Minnesota is actively concerned and involved in
nurturing and supporting the education and physical development and achievements of
its natives and residents, and
WHEREAS, the achievements academically and athletically of our native citizen
JENNIFER WALEK are a source of great community pride and interest as she
represents our hometown in the nation and at the University of Minnesota as an
accomplished athlete and student, and
WHEREAS, she will be especially honored during ceremonies at the University of
Minnesota; and "Hometown Days" celebration of her achievements is representative of
the recognition our City supports,
THEREFORE, the City Council of the City of Lake Elmo proclaims October 10, 1993
as OFFICIAL JENNIFER WALEK, LAKE ELMO HOMETOWN DAY IN THE CITY this
5th day of October, 1993.
5. OLD BUSINESS:
A. Heritage Preservation Commission Vacancies
M/S/C Johnston/Conlin - to appoint Tom Armstrong, 8281 15th St. N, and Lenore
Mottaz, 8770 DeMontreville Trail N., as full voting members and appoint Dorothy
Sherburne, 2315 Lake Elmo Avenue N., and Betty Herzfeld, 2960 Manning Avenue N.
as alternates to the Heritage Preservation Commission. (Motion carried 4-0).
B. Publicize the new city center concept in newsletter
M/S/C Johnson/Johnston - to direct the city administrator to place in newsletter
discussion of new city center concept plan proposed at September 21, 1993 meeting
and request citizen's input and establish a date which the city can hold an open
meeting. (Motion carried 4-0).
6. PLANNING/LAND USE & ZONING:
A. PUBLIC HEARING: Variance from public right-of-way setback for construction
of garage; Scott & Sara Knudson, 10865 32nd St. N.
Mayor John opened up the public hearing at 7:30 p.m. in the city council chambers.
The public hearing notice was published in the September 24, 1993 Stillwater Gazette
and affected property owners were notified. The Council received a report from Mike
Black dated September 14, 1993 and a review from Mike Bouthilet, dated September
20, 1993, as it relates to the Oak trees,
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 1993
Scott Knudson explained this Is the best possible location for a garage because the
location of the house, septic system, two large oak trees and topography make it
impossible to construct a garage without a variance from right -of way setbacks. He is
proposing a floating slab foundation for the garage rather than frost footings to minimize
any chance of damage to the septic system or to oak trees that are near the
construction site. The adjoining property owner on the east side is not opposed to this
proposal
Jim McNamara, Building Official, advised that the setback for the septic system will be
met as long as no foundation is in the area.
There was no one to speak for or against the variance request.
Mayor John closed the public hearing at 7:50 p.m.
M/S/C John/Johnson - to grant a variance to the 20 foot setback requirement from
public right-of-way for construction of a 22' x 22' garage to Scott & Sara Knudson,
10865 32nd St. N., based upon the hardship being this is the only possible site to locate
a garage due to the location of the house, septic system, two large oak trees on the
east and west sides of the existing parking pad area and topography on the west end of
the lot, that all homes have garages, and in 1977 a variance had been granted for a
garage; subject to the concurrence of the Building Inspector to rotate the garage as
much as possible to permit the frontage be increased for parking, the location of water
service be done so it is not located under garage and clean roadside of brush to
increase visibility. (Motion carried 4-0).
B. PUBLIC HEARING: Variance from side yard setback for construction of a
garage; Ardell Hutton, 11108 32nd St. N.
Mayor John called the public hearing to order at 8:06 p.m. in the city council chambers.
The public hearing notice was published in the September 13, 1993 Stillwater Gazette
and affected property owners were notified. The Council received Mike Black's report
dated August 26, 1993.
Mrs. Marion Hosek, 11120 32nd St. N., gave permission to Ardell and Debbie Hutton to
build their garage as close to their property line as they see fit so it will be most
beneficial for them.
There was no one to speak against this variance request.
Mayor John closed the public hearing at 8:12 p.m.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 1993
M/S/C Johnson/Johnston - to grant a 7 foot variance request to the sideyard setback
requirement of 10 feet in the R1 zoning district to Ardell Hutton, 11108 32nd Street N.,
for the construction of a 22' x 40' garage based on the limited area between the lot line
and drainfield; subject to the property owner working with the Building Inspector to
minimize the variance by moving the garage close to the drainfield as possible. (Motion
carried 4-0).
C. Minor SubdivisionNariance to length of cul-de-sac; Collyard/Colisimo,
8896 Jane Road N.
M/S/C Johnson/Conlin - to table the final decision until October 19, 1993 and direct the
city attorney to add wording in resolution for granting variance to length of cul-de-sac
and minor subdivision, and add Condition 5: Execution of development contract for
construction of a road improvement be signed and submitted to the city along with
temporary and permanent easements all approved by the city engineer. (Motion
carried 4-0).
D. Minor Subdivision (Lot Line Adjustment); Riley/Hilpisch, 10550 Stillwater Blvd.
M/S/C Conlin/John - to adopt Resolution No. 93-70 granting a minor subdivision (lot line
adjustment) to W. Patrick Riley and Thomas A. Hilpisch as recommended by the
Planning Commission. (Motion carried 4-0).
E. Comprehensive Plan Amendment
M/S/C Johnston/John - to direct the staff to prepare a resolution approving an
amendment to the Comprehensive Plan adding the following:
The City of Lake Elmo will apply National Urban Runoff Program (NURP)
standards for the design of new stormwater ponds and the MPCA's urban
best management practices titled Protected Water Quality in Urban Areas to
the review of any proposed development occurring in the City of Lake Elmo to
reduce non -point source pollutant loadings in storm water runoff. The City of
Lake Elmo will incorporate these standards and requirements in its storm
water management plan and land use controls to implement this policy.
The City of Lake Elmo will prepare and adopt specific amendments to its
storm water plan and land use controls by December 31, 1994. The
metropolitan Council will be notified after the amendments have been
adopted.
and this amendment adoption is subject to the review and comments by the
Metropolitan Council. (Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 1993
7. CITY ENGINEER'S REPORT:
A. Olson Lakes Estates Update
Finance Director Marilyn Banister provided the following expenses todate for Olson
Lake: TKDA for 1992 $ 170.61
TKDA thru July of 1993 543.02
Jerry Filla thru August of 1993 1,401.75
$2,115.38
The Council received a report from Larry Bohrer, dated October 1, 1993, reporting on
the September 30, 1993 meeting relating to the Olson Lake Estates Pond discharge to
Olson Lake. All evidence todate shows that the incoming water will not irreparably harm
Olson Lake because the lake is big enough to absorb the discharge. Administrator
Kueffner provided test results from the PCA that were handed out at the September 30,
1993 meeting.
The council agreed that water quality was the primary issue and would accept a well
regulated flow into Olson Lake if it was good water quality. Mayor John indicated he
was appalled with the stand of the VBWD on the pond's water quality.
The Council added discussion on Olson Lakes Estates to the October 12, 1993 city
council workshop agenda.
B. Acceptance of and final payment for Pebble Park Tennis Court Resurfacing
T.A. Schifsky and Sons has completed the tennis court overlay. In addition to the
overlay work, the Parks Dept requested that net tiedowns also be installed in the
amount of $200.00.
M/S/C John/Johnston - to approve Compensating Change Order No. 1 in the amount of
$1,082.12, to approve final payment in the amount of $16,796.12 and to approve
payment for the net tiedowns in the amount of $200.00. (Motion carried 4-0).
C. 1993 MSA & Overlay Projects Update
Larry Bohrer reported that Highlands Trail and Highlands court are almost completed
and Hidden Bay is 50 percent complete. Relocation of utilities along Jamaca Avenue is
causing a slowdown, therefore the completion date of October 31, 1993 is not realistic.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 1993
8. CITY ATTORNEY'S REPORT:
A. Section 32/33: Suggestions to prevent legislation
Jerry Filla provided a report dated October 5, 1993 indicating how to effectively oppose
legislation which would expand a city or property owner's ability to petition the municipal
board for annexation. 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.
The Council added to the October 12, 1993 city council workshop review of the Joint
Powers Agreement and Costs related to Utility Expansions in Sections 32/33.
9. CITY COUNCIL REPORTS:
Mayor John announced that there is a special meeting by the Highway 36 task force
giving an overview of the process that has been used to arrive at a possible solution at
city hall on October 26, 1993 from 4-7 p.m.
Council member Conlin: Cable Television Consumer Protection & Competition Act of
1992. At the last meeting, they authorized the submission of the request forms to the
FCC to allow the commission to regulate rates and adopted the rate regulations
ordinance as prepared by the commission's attorney.
10. CITY ADMINISTRATOR'S REPORT:
A. Auditing/Accounting Agreement with Tautges/Redpath
M/S/C Johnson/Johnston - to approve the Agreement for Auditing/Accounting Services
with Tautges, Redpath & Co., to perform an audit of the financial statements and
transactions of the City of Lake Elmo for year ending December 31, 1993 and to direct
the Mayor and City Administrator to sign said agreement. (Motion carried 4-0).
B. Ski Trail Grooming Contract with Washington County
M/S/C John/Johnson - to approve the Ski Trail Grooming Agreement with Washington
County and direct the Mayor and City Administrator to sign said agreement. (Motion
carried 4-0).
C. Award bid for Personnel/Utility Vehicle for Fire Department
M/S/C Johnson/John - to award the bid to General Safety at a cost of $58,975.00 for a
light rescue vehicle for the Fire Department and to establish the expected life as 20
years. (Motion carried 3-1:Johnston:An adequate vehicle could be purchased from the
available budget and does not want to commit $9,613 to the Fire Dept. in 1994 to cover
this purchase).
M/S/C John/Conlin - to adjourn the council meeting at 11:30 p.m. (Motion carried 4-0).
-------------
Resolution No. 93-70, Granting a Minor Subdivision (lot line adjustment)
to W. Patrick Riley and Thomas A. Hilgisch.
LAKE ELMO CITY COUNCIL WORKSHOP .
OCTOBER 12, 1993
Mayor John called the meeting to order at 7:02 p.m. in the city council chambers.
PRESENT: Mottaz, Conlin, John, Johnston, Johnson and Administrator
Kueffner.
1. Review Joint Powers Agreement and Costs Related to Utility Extensions in
Section 32/33
The Council proposed proceeding with a Joint Powers Agreement; contingent,
upon the MWCC approving an extension of the MUSA Line to the full 440 acres
of the Business Park and Limited Business Zones and for satisfactory resolutior
with Oakdale of the land entitlements within Section 32 and the west half of
Section 33, and a resolution of the share of downstream costs.
The Council asked that a resolution be drafted by the City attorney and staff
encompassing this direction and available for the October 19, 1993 city council
meeting.
2. Update: Olson Lake Estates
Administrator Kueffner reported she and Mayor John met with Charles Dayton
and supplied him with information. Dayton will contact the VBWD, PCA, and
Larry Bohrer of TKDA and will inform the city if there are any transgressions to
pursue.
3. Recodification of Lake Elmo Municipal Code
M/S/C Johnson/Johnston - to approve the September 28, 1993 City Council
Workshop minutes as presented. (Motion carried 5-0).
The Council reviewed Section 500- Building Code, pages 500-1 through 500-5.
The Council questioned if Chapter 2 of the Uniform Building Code is adopted
how much different is it from the state code.
The Council set a recodification workshop for October 19, 1993 at 5:00 p.m. and
will continue reviewing Section 500-Building Code.
Council adjourned the workshop at 9:20 p.m.
Agenda
Lake Elmo City Council Workshop
October 12, 1993
7:00 P.M.
7:00 p.m. Meeting Convenes
1. Review Joint Powers Agreement and Costs Related to
Utility Extensions in Sections 32/33
2. Update: Olson Lake Estates
7:30 p.m. 3. Recodification (Chapter 500)
4. Adjournment
Memo
To: Mayor and City Council
From: Mary Kueffner
Re: Joint Powers Agreement/ Utility Extension Project Sections 32/33
Date October 8, 1993
At your October 5, 1993, meeting you requested that I provide you with the Joint
Powers Agreement that was prepared by our City Attorney relating to sewer and
water improvements in Sections 32/33.
I have enclosed a copy of that agreement, along with a letter written to Oakdale's
City Administrator regarding this agreement, and a memo from Tom Prew relating
to the Costs and Options for this project.
If there is any additional information you would like prior to the meeting, please
give me a call.
October 8, 1993
For the purpose of discussing litigation strategy for permit
violations for development in the City of Oakdale, I hereby
call an emergency meeting, Executive Session, of the Lake
Elmo City Council for Friday, October 8, 1993 at 4:00 p.m.
in the Lake Elmo City Council chambers, 3800 Laverne
Avenue N., Lake Elmo, MN.
�n ohm" n, Mayor
LAKE ELMO CITY COUNCIL
OCTOBER 8, 1993
Executive Session
Agenda
4:00 p.m. 1. Meeting Convenes
2. Discussion on litigation strategy for permit
violations for development in City of
Oakdale
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 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
OCTOBER 5, 1993
6:00 p.m. Intergovernmental Meeting
7:00 P.M. MEETING CONVENES
1. AGENDA
2. MINUTES: September 21, 1993
3. CLAIMS
4. PUBLIC INFORMATIONAL:
A. Public Inquiries
B. Other
5. OLD BUSINESS•
A. Heritage Preservation Commission Vacancies
B. Other
6. PLANNING/LAND USE & ZONING:
A. PUBLIC HEARING: Variance from public right-of-way
setback for construction of garage
Scott & Sara Knudson, 10865 32nd St. N.
B. PUBLIC HEARING: Variance from side yard +
setback for construction of a garage
Ardell Hutton, 11108 32nd St. N.
C. Minor Subdivision/Variance to length
of cul-de-sac: Collyard/Colisimo
8896 Jane Road N.
D. Minor Subdivision (Lot Line Adjustment)
Riley/Hilpisch, 10550 Stillwater Blvd.
E. Comp Plan Amendment
LAKE ELMO CITY COUNCIL AGENDA OCTOBER 5, 1993 2
7. CITY ENGINEER'S REPORT:
A. Olson Lakes Estates Update
B. Acceptance of and final payment for
Pebble Park Tennis Court Resurfacing
C. 1993 MSA & Overlay Projects Update
D. Other
S. CITY ATTORNEY'S REPORT:
A. Section 32/33: Suggestions to prevent
legislation
B. Other
9. CITY COUNCIL REPORTS:
A. Mayor John
B. Council member Conlin:Cable Television Consumer
Protection & Competition Act of 1992
C. Johnson
D. Johnston
E. Mottaz
10. CITY ADMINISTRATOR'S REPORT:
A. Auditing/Accounting Agreement with
Tautges/Redpath
B. Ski Trail Grooming Contract with
. Washington County
C. Award bid for Personnel/Utility Vehicle
for Fire Department
D. Other
11. ADJOURN
OCTOBER 5, 1993 LAM E1110 COUNCIL MEETING
List of Claims for Approval
For the period 10/01193 to 10/11/93 10/01/93
CLAIM
TOTAL
ACCOUNT
ACCOUNT
t0 WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
WICHSER G HERREID ARCHITECTS
COPIES FOR VILLAGE PROPOSAL
10/01/53
1973
57.23
109-41300-331
57.23
LAKE ELMO FLORAL
FUNERAL ARRANGEMENT - FILLA
11/01/93
1914
67.51
100-41300-331
57.51
I I M C
MEMBERSHIP FEE
16/O1/93
1975
85.00
109-41300-433
85.61
LEAGUE OF MN CITIES
OCTOBER INSURANCE PREMIUM
10/01/93
1976
2,950.82
111-41500-131
1,567.79
100-42460-138
418.11
161-43110-136
964.92
MINN. BENEFIT ASSN.
OCTOBER INSURANCE PREMIUM
1//11193
1971
5$2.30 .
III-415A1-131
72.12
101-43100-131
510.16
ALLIED GROUP INSURANCE TRUST
OCTOBER INSURANCE PREMIUM
181/1/93
1978
61.77
160-41500-130
28.66
_
101-42486-130
14.11
111-43100-131
19.91
FOUR SEASONS SERVICES
REPLACE OLD COFFEE DISPENSER
IB/I1/93
1979
97.13
111-41510-411
97.13
STATE OF MINNESOTA
1993 MN SESSION LAWS
11/61/93
1980
48.80
101-41511-200
48.80
VISA
LAKEWOOD TUITION
101#1193
1981
104.80
111-41510-207
100.06
BINDER PRINTING CO,
OFFICE SUPPLIES
111/1193
1982
169.87
110-41500-200
169.87
A T 6 T
OFFICE TELEPHONE MAINT
10/11/93
1983
76.21
111-41500-320
16.21
O.C. HEY CO.
COPIER MAINT. - OFFICE
11/01/93
1984
316.30
114-41500-200
316.30
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES .
16/61/93
1985
186,41
111-41540-210
180.48
STILLWATER GAZETTE
LEGAL PUBLICATIONS
1§111193
1986
135.68
109-41566-351
135.00
AMERICAN LINEN SUPPLY
BLDG MAINT-OFFICE,NAINT,PARKS
14/01193
1987
116.21
108-41500-400
49,14
110-43101-223
33.23
111-45200-220
33.23
0
" WEST
SEPT TELEPHONE
16/01/93
1988
429.82
111-41510-320
227.75
14/-42261-320
88.02
111-43100-326
51.89
111-45208-320
$6.16
NORTHERN STATES POWER CO
SEPT UTILITIES
1/111193
1989
1,831.17
100-41560-380
233.42
111-42200-380
177.16
100-43180-380
93.28
110-43168-380
842.68
100-45200-380
137.61
611-49400-381
326.02
642-49451-381
21.10
MICHAEL SMITH
SEPT ANIMAL CONTROL OFFICER
1$181193
1990
650.01
111-42760-111
651,00
ROAD RESCUE INC
FIRE DEPT MEDICAL SUPPLIES
1//11/93
1991
73.55
111-42211-217
73.55
TNT INC
FIRE DEPT - 2 TRUCK CERTIFICATIONS
11/11193
1992
88.01
111-42200-226
81.51
ASTLEFORD E4UIPMENT CO.
FIRE DEPT TRUCK REPAIR
11111193
1993
64.38
114-42211-221
64.38
CELLULAR ONE
FIRE DEPT CELLULAR PHONE
11/11/93
1994
11.92
190-42200-326
10.92
ELMER'S REPAIR
PUBLIC WORKS -CHAIN SAW SHARPENED
11/01193
1995
28.11
111-43101-224
28.18
WEAR GUARD
PUBLIC WORKS -CLOTHING ALLOWANCE
14/61/93
1996
245.19
111-43100-218
245.19
ELLIOTT AUTO SUPPLY CO„INC.
PUBLIC WORKS SHOP SUPPLIES
11111193
1997
162.18
101-43100-223
162.18
T.A. SCHIFSKY 6 SONS
BLACKTOP PATCHING
11/11/93
1998
68.21
111-43106-407
68.21
GENERAL TIRE
4 NEW TIRES FOR 88 6MC PICKUP
11/11193
1999
426.30
111-43100-221
426.30
STATE TREASURER
WASTEWATER CERTIFICATION FEE
10/11/93
2006
15.00
101-43100-207
15.00
MINNESOTA POLLUTION CONTROL AGENCY
WASTEWATER TREATMENT SEMINAR
10/01193
2101
84.40
110-43108-207
80.00
VERN'S OTC AUTO PARTS
PARTS 6 REPAIR -PUBLIC WORKS 6 PARKS
10/01/93
2002
65.41
111-43100.221
36.26
104-45200-221
29.15
MENAROS
SUNFISH PARK EROSION 6 VCR TAPES
18/01f93
2003
398.71
100-45200-319
377.62
114-41300-331
21.09
A T WcR ASPHALT, INC.
PARTIAL PMT O1 NSA PROJECT
14/41/902004
132,835.21
412-43100-532
132,835.21
WATER PRO
WATER FUND METER HOOK-UPS
10141/93
2065
85.20
641-49460-216
85.20
TOTAL FOR MONTH
142,583.78
142,583,78
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Michael T Oherlu
Knnnath A. Arnchilll
September 21, 1993
Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Olson Lake Estates Pond
Discharge to Olson Lake
Our File No.: 11135/920001
Mary:
_; i
C�-(Lee(+N
:''uli hdicnvtmt redcral Huildins',
0 f a41 Vill h SlrrrJ
`l. Paul, .M N 11,I01.1 107
101'A 2ul.Hll55
I6121 228 175-' lacsimilc
Melvin I. `-+llver, Qt Counsel
BY FACSIMILE
AND U.S. MAIL
I have reviewed data currently available regarding any testing
which may have been done to determine the quality of water in Olson
Lake Estates Pond and in Olson Lake. I have also discussed this
matter with yourself, Mr. Bohrer, representatives from the
Minnesota Pollution Control Agency, and a representative from the
Minnesota Department of Natural Resources. It still appears that
more field work will be necessary before I could make a reasonable
recommendation to the City regarding litigation and parties who
might be named in such litigation. I would, however, recommend the
following at this time:
1. The City should obtain executed copies of all permits or
amendments to permits issued by governmental agencies
relating to the construction of Olson Lake Estates Pond
and should review those permits in order to determine
specifically what type of pond was authorized and how it
was intended to function. A verbal or illustrative model
of the authorized pond could then be described and would
serve as a basis for additional analysis.
2. The City should also undertake whatever additional field
work is necessary in order to describe the pond which has
been constructed and how it is presently functioning,
3. A comparison of the authorized pond and the actual pond
can be made and would be helpful in establishing how the
volume and quality of discharge from Olson Lake Estates
Pond is impacting Olson Lake.
.tl ;]fAl W ..-' r IIN Tl'21Irt I I •INNIP
W oil I', -,)I IY 19 ."I t' V11 `:1(I III I111111t I' :I i I VI L!1XI It 'I it, IAW IIIII nN' IIII_P>AIPoN I.P. I--I'NtI O./t {::j li tly
JL.11 DI ,l LI UI JV.\ I IN -AM OLAUJI.Y.V 1 0 "L1-UQ 114, 101 J1 II LI UI JU.V I A.i.11 ULAUJI.i- .:r U; } 1
i
Mary Kue£fner
September 21, 1993
( Page 2
4, A statement of objectives should be prepared. Does the
City want to try and prevent all discharge from Olson
Lake Estates Pond directly to Olson Lake? Does the City
want to construct control structures which would regulate
the discharge from Olson Lake Estates Pond to Olson Lake?
The City may describe both short --term goals (i.e.
reshaping, dredging, and control structures) and long-
term goals (i.e. redirecting the flow of water entirely).
5. The City should request, in writing, that the valley
Branch Watershed District, the DNR, the PCA, the Army
Corp, of Engineers and the City of Oakdale take all
appropriate steps to insure that Olson Lake Estates Pond
will function as originally designed. This may mean that
additional ponding sites will be necessary in Oakdale and
it may mean that potential development plans will have to
be modified. Obviously, time tables for compliances
should be requested.
If the City wishes to obtain immediate relief in Court, it
would request a Temporary Restraining Order or a Temporary
injunction. Normally, a Temporary Restraining Order does not
require notice to the opposing party before the Court grants
interim relief. However, this rule does not apply if other parties
are governmental units. Therefore, in our case, the procedures
followed in order to obtain a Temporary Restraining order or a
Temporary Injunction would be the same.
Before it would allow injunctive relief, a Court would analyze
the following factors: MGM Liquor Warehouse v. Forsland, 371 N.W.2d
75 (App. Ct. 1985), and BioLine, Inc. v. Burman, et al. 404 N.W.2d
318 (,App. Ct. 1987): - ".,,...,_
1. The relationship between the parties before the dispute
arose;
2. The harm that the Plaintiff may suffer if injunctive
relief is denied, Compared to the harm inflicted upon the
Defendants if injunctive relief is granted;
3. The likelihood that the party will prevail on the merits;
4. Any public policy factors; and
5. The administrative burden imposed on the Court if the
injunctive relief is granted.
JL.VI UI I LILAJV.V IAAJ1 DLAU!I.IA 0-G1-CQ •1L•1CAM •I LILAJV,V 11\:1 11 L)LIIUJIA— •c ;; }
Mary Kueffner
September 21, 1993
Page 3
Temporary relief is available only in extraordinary
circumstances where all other means of resolving, the matter have
failed or would be inadequate, (MRCP 66). Temporary injunctive
relief is allowed when it is necessary to prevent immediate
irreparable harm and in order to maintain the status quo until a
hearing on the merits. BiCiLine Inc_ inrm.
Current data indicates that silt and phosphorous are being
discharged from Olson Lake Estate Pond to Olson Lake, However,
both TKDA and PCA representatives have indicated that, at the
present time, the discharge cannot be represented as causing
irreparable harm. This preliminary conclusion will be influenced
as additional data is obtained and analyzed.
A representative of the DNR has indicated that it believes the
Permit which was issued by the DNR has been violated, The DNR
representative is in the process of calling a meeting between
representatives from the Valley Branch Watershed District, the City
Of Oakdale, the City of Lake Elmo, and their engineering
representatives.
Mr. Bohrer may have additional, information for the City at the
Council Meeting.
Very truly yours,
JPF,:bap C—Di"me
Filia