HomeMy WebLinkAbout03-03-94 CCMMINUTES APPROVED: 3-15-94
LAKE ELMO CITY COUNCIL MEETING
THURSDAY, MARCH 3, 1994
***Because of Precinct Caucuses held on March 1, 1994,
the Council I Meeting was rescheduled***
Acting Mayor Karen Johnston opened the city council meeting at 7:05 p.m, in the
council chambers. PRESENT: Mottaz, Conlin, Johnston, Johnson, City
Engineer Bohrer, Attorney John Miller and Administrator Kueffner. ABSENT:
Mayor John.
1. AGENDA
ADD: 10A. Human Services, Inc. Breakfast, 10B. Request City's support of
House File 1757
M/S/C Conlin/Johnson - to approve March 3, 1994 City Council agenda as
amended. (Motion carried 4-0).
2. MINUTES: February 15, 1994
M/S/C Conlin/Mottaz - to approve the February 15, 1994 City Council minutes as
amended. (Motion carried,4-0).
3. CLAIMS
The following questions were raised: What is the policy for committee members
attending schools or conferences? Who does client refer to in the Leonard,
Street and Deinard bill?
M/S/C Conlin/Johnson - to approve the February 15, 1994 claims #2427 through
#2464 as presented. (Motion carried 4-0).
4. PUBLIC INFORMATIONAL:
A. Public Inquirers
Lenore Mottaz, 8770 DeMontreville Trail N., suggested the following: TMT
Recycling place a cover on his truck to prevent milk bottles'from blowing out
onto the road and insert article in Newsletter requesting papers in full
newspaper tubes be disposed of before they are blown around.
The Council received a letter from Judy Blackford, 9765 45th St.N, requesting
that all council agendas, when it pertains to park issues, be mailed to individual
city park commissioners. _
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1994 2
M/S/C Mottaz/Conlin - to send a letter to the Commission Chairs requesting list
of names interested in receiving council agendas. (Motion carried 4-0).
The Council received a letter from Judy Blackford, dated March 3, 1994, on
mountain biking in Sunfish Lake Park.
5. UNFINISHED BUSINESS:
A. Update on Comp Plan Amendment
Administrator Kueffner reported that last Thursday on a consent agenda the
Metropolitan Council granted Lake Elmo's Comp Plan amendment, Land Use
Designation Change - 464 acres.
B. Update on Oakdale's Proposed Legislation
Administrator Kueffner reported that House File 1828 was submitted by Walt
Perlt at the request of the City of Oakdale was heard in the Local Government
and Metropolitan Affairs Committee today. It was postponed until next Tuesday
at 12:30 p.m. for a 1 hour hearing: one half hour for Oakdale and one-half hour
for us. Administrator Kueffner has talked to Ellen Sampson's Office and they are
prepared to discuss strategy with us.
M/S/C Johnson/Conlin - to authorize expenditure of up to $5,000 to engage
Leonard, Street, Deinard for the purpose of lobbying the MN legislature
regarding the Oakdale legislation on authorizing the city to petition for
annexation of certain properties required from the Minnesota Dept. of
Transportation, Washington County for right-of-way purposes. (Motion carried 3-
1:Mottaz:lts a tremendous amount of money spent that'the city doesn't have and
he doesn't feel it is necessary because we can defeat this legislation without a
lobbyist.)
MEETING WITH CHUCK DAYTON TO DISCUSS OLSON LAKE POND
SURVEY:
M/S/ Johnson/Conlin - to amend the March 8, 1994 recodification council
workshop agenda to discuss the Olson Lake Pond Survey with Attorney Chuck
Dayton in order for him to prepare for the March 11 meeting with the DNR.
M/S/C Mottaz/Johnson - to amend the motion to authorize up to $1,000 out of
previous allocations for Attorney Dayton to prepare and attend the March 8th
meeting and, if we are going to use Attorney Dayton for a longer period, then
the council will deal with that separately. (Motion carried 4-0)
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1994
M/S/C Johnson/Conlin - to amend the March 8, 1994 modification council
workshop agenda to discuss the Olson Lake Pond Survey with Attorney Chuck
Dayton in order for him to prepare for the March 11 meeting with the DNR and to
authorize up to $1,000 out of previous allocations for Attorney Dayton to prepare
and attend the March,8th meeting. If the Council decides the city is going to
use Attorney Dayton for longer period of time, then the council will deal with that
separately. (Motion carried 4-0).
6. PLANNING/LAND USE & ZONING:
A. Ordinance Relating to Site & Plan Review
M/S/C Johnson/Conlin - to adopt Ordinance 8093, An Ordinance relating to
Building Permit Reviews as amended (Item 4b. Change amount to $2,500 and
add "or City Ordinances." at end of sentence). (Motion carried 3-0:Councilman
Mottaz did not vote as he had stepped out of the meeting at this time).
7. CITY ENGINEER'S REPORT:
A. Update on Water Tower
(1) Final Payment to Maguire Iron, $52,725.00
City Engineer, Larry Bohrer, reported that the work on the repair to the elevated
water tank was completed on February 16, 1994. The tank was disinfected and
after receiving test results showing no bacteria, was placed back into service on
February 19, 1994. The contractor submitted an invoice for the work which
Includes the riser replacement at the quoted lump sum price of $42,685.00 and
the ice removal with 166 man-hours for a total ice removal cost of $9,860.00.
M/S/C Conlin/Johnson - to approve the final payment to Maguire Iron, Inc. in the
amount of $52,725.00 in accordance with the invoice dated 2-18-94 and will
appear on the claims list for the March 15, 1994 council meeting. (Motion
carried 4-0).
(2) Advertisement for bids for painting water tank
Larry Bohrer recommended that we proceed with obtaining bids for the
repainting work These bids could be submitted to the City's insurance carrier to
complete the water tank claim. Suitable weather for painting usually begins at
the end of April.
M/S/C Johnson/Conlin - to authorize TKDA to solicit bids for painting of the water
tank repairs and the touch up repairs required for existing condition of tower.
(Motion carried 3-0:Councilman Mottaz stepped out of the meeting.)
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1994
B. Report on MWCC Centralization/Decentralization Sewer Study
M/S/C Mottaz/Johnston - to direct the staff to engage the help of city engineer,
planner, and attorney to draft and send a letter within a week to the Metro
Council and the MWCC objecting to the projected sewer flows and lack of
interceptor for Lake Elmo. (Motion carried 4-0).
M/S/C Johnson/Johnston - to begin the 1-94 corridor study by requesting a joint
proposal from the city planner and engineer to more accurately predict growth
and sewage needs in this area and what it would cost and come back with a
recommendation to the council as to where this money would come from,.
(Motion carried 3-0:Conlin had stepped out the meeting).
M/S/C Johnston/Johnson - to amend the council agenda to allow discussion with
Senator Gary Laidig. (Motion carried 4-0).
Senator Laidig indicated it was unfortunate to have a situation where one
municipality introduced legislation that would directly affect another municipality.
He felt it was unfair for the legislature to try to resolve a dispute between
communities. He confirmed that he would introduce Lake Elmo's legislation and
would find a House author. Lake Elmo has been working, to resolve this dispute
in a joint effort outside the legislature and that is the proper forum. Laidig
suggested a delegation be put together to meet with himself, Ellen Sampson
and Senator Mondale.
8. CITY ATTORNEY'S REPORT:
A. Resolution No, 94-8 Declaring Nuisance
M/S/C Johnson/Johnston - to adopt Resolution No. 94-8, A Resolution declaring
Lot 1 & 2, Kenridge Addition as a nuisance. (Motion carried 3-0:Conlin had
stepped out of the meeting).
9. CITY COUNCIL REPORTS:
FUTURE AGENDA ITEM: Discussion on city's position for Reconstruction of
Highway 36.
10. CITY ADMINISTRATOR'S REPORT:
A. Human Services, Inc. Breakfast
An invitation from HSI was extended to all elected and appointed officials to
learn more about the services available through HSI.
LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1994 5
B. Letter from Hibbing asking the city's support of House File 1757
The Council indicated no desire to support the legislation which would protect
from liability private landowners who make their land available for public
recreation without charge.
M/S/C Mottaz/Johnson - to adjourn the council meeting at 8:55 p.m. (Motion
carried 4-0).
ORDINANCE 8093, An Ordinance relating to Building Permit Reviews
Resolution No. 94-8, Resolution declaring Lot 1 & 2, Kenridge Addition as a
nuisance
5
InterOffice Memo
To:
Mayor and City Council
From:
Mary Kueffner
Date:
March 3, 1994
Subject:
Additional Agenda items
1. Schedule Meeting with Chuck Dayton: The survey for the pond has been completed, and Larry
Bohrer is reviewing it and comparing it to the original pond permitted by VBWD and the DNR. There is
a meeting with all involved parties next Friday (at the DNR office). I would like to suggest that we have
a brief session with Mr. Dayton, on Tuesday March 8, 1994, at 6:00 p.m. to discuss the survey, and the
position the city will take at the Friday meeting. Larry Bohrer may be able to give us a little detail on his
review of the survey at this meeting.
2. House File 1828, submitted by Walt Perlt at the request of the City of Oakdale was heard in
committee today. It was postponed until next Tuesday at 12:30 p.m. I have been talking with Ellen
Sampson's office, and they are prepared to work with us. I have tentatively set up a meeting for
sometime tomorrow afternoon, conditioned upon council approval. I also talked with Steve Schwanke
this afternoon. Steve, a former lobbyist, suggested that we ask the City of Orono to speak against the bill.
Orono is in a similar situation to that of Lake Elmo, and their interest would be that passage of this bill
would set a bad precedent. House File 1828 has 1 hour at the hearing next week. one-half hour for
Oakdale and one-half hour for us. In the meantime, I believe we have to reach as many committee
members as possible, through our efforts, but with the assistance of a lobbyist (Ellen Sampson). I would
further suggest that we get a phone poll going to have as many people call the committee members as
possible to oppose the bill. ((I've been told that phone calls are effective). However, if council approves,
Ellen Sampson may come up with additional strategy.
3. Human Services, hic. (HSI) Breakfast. Attached is an invitation from HSI extended to all elected and
appointed officials to learn more about the services available through HSI. If anyone can attend one of
these breakfasts, please respond as requested. If it is easier for us to respond for you, please let us know.
4. Attached is a letter from the City of Hibbing asking the City's support of House File 1757. The basis
of this legislation is to protect from liability private landowners who make their land available for public
recreation without charge. Hibbing has supplied a draft resolution. If the Council agrees with the
purpose of this legislation, it can adopt the attached resolution.
.n3 /02,,94 10:21 HSI JRITALE -. 97-73615 HO.33a D1,12
PLEASE JOIN US FOR
A BREAKFAST DIALOGUE
For 25 years, Human Services, Inc, (HSI) has offered hope to individuals and
families in Washington County who are struggling with mental illness, physical
and sexual abuse, addiction and aging concerns.
Because we believe the stability of our community rests on the strength and
health of the individuals and families who live within It, we'd like you to learn how
we can work together to ensure that Washington County continues to be a vital
and healthy place to live,
Please be our guest, along with other city, county and municipal government
representatives, at one of three Breakfast Dioiogues where you will have an
opportunity to:
• Learn about services available to you and your constituents.
• Understand the Public -Private Partnership between HSI and Washington County.
• Tell us about special needs in the comtnunity which are not currently being met.
Breakfast Dialogues are scheduled for;
March 9, 1994
March 11, 1994
March 15,1994
7:00 to 8:30 a,m.
7:00 to 8:30 a.m.
7:00 to 8:30 a.m.
HSI - Stillwater
HSI' South
HSI - North
375 E. Orleans St,
8200 Hadley Ave, So.
308 S.W. 15th St.
(the old Stillwater Clinic)
Cottage Grove
Forest take
Rolls, juice and coffee will be provided.
Please RSVP to Ted Bearth, Mayor of the City of Oakdale at 738-2425, one day
prior to the Breakfast Dialogue of your choice.
Duman Services, Inc. (HSI)
25 Years of Helping People... Changing Lives
Chamber of Commerce
February 17, 1994
Rapids Area
OF C<Dr-ir ICR<=
WE NEED YOUR SUPPORTI
Included with this letter, you fill find information and a draft resolution of support for House
File #1757.
Without the support of your organization and others like yours, our legislation will fail and
tourism activity and tourism -related business will suffer greatly.
We ask that you take this resolution, or bring a similar resolution to your governing body
(Board, Council, Commission, etc...) as soon as possible for passage.
Time is of the essence due to the legislative schedule.
Once this resolution has passed please mail a copy to the following address and to your
local legislators.
Thank you for your time and support!
Most Sincerely,
Lory Pedo
Executive Director
Hibbing Area Chamber of Commerce
PO Box 727
Hibbing, MN 55746
Sandy Ldyman
Executive Director
Grand Rapids Area Chamber of Commerce
1 NW3St.
Grand Rapids, MN 55744
i7i3
A HISTORY, PURPOSE AND SUMMARY OF H.F. #1757
Because tourism, specifically trail use is essential to the economic well-being of the State
of Minnesota; several community, business, governmental, tourism and trail user
organizations are working together to insure the continued use of.state-wide, multi -use
trails and trail systems through the introduction of new legislation.
This proposed legislation H.F. #1757 brings Minnesota law in line with the vast majority
of states in the snowbelt, particularly those who depend on outdoor recreation for
significant economic development.
In essence, H.F. #1757 would limit liability of private landowners who without charge allow
recreational use of their property. Currently, Minnesota law discourages these same
landowners from opening -up or continuing recreational use of their land for uses such
as snowmobiling, hiking, skiing, horseback riding, bicycling, etc...
State and local governments and for -profit enterprises alone can not provide adequate
outdoor recreational opportunities for the public. Free use of private land has helped to
fill the gap.
H.F. #1757 addresses and corrects this issue. It limits liability to conduct intended to
cause injury, and it requires that the landowner grant in writing an easement or other
property right before any such property right may be inferred from letting others use the
land for recreational purposes. H.F. #1757 also provides for costs and attorney's fees to
be awarded to the landowner if any frivolous lawsuit is brought against the landowner.
H.F. #1757 is authored by Representative Mary Jo McGuire in the House of
Representatives. Similar legislation will soon be introduced in the Senate. The following
organizations have endorsed H.F. #1757:
MN USA (snowmobiiing)
Minnesota Park & Trails Council
Minnesota Horse Council
Minnesota Recreation Coalition
Minnesota Mountain Bikers Association
Minnesota Civil Justice Coalition
Minnesota 4 X 4 Association
Minnesota DNR
Minnesota Motel Association
Minnesota Association of Campground Operators
The Hibbing Area Chamber of Commerce
The Grand Rapids Area Chamber of Commerce
The Lake Superior Trail Association
RESOLUTION
A resolution supporting Increased protection from liability for private landowners who
make their land available for public recreation without charge.
WHEREAS, Tourism is important to the economy of Minnesota, ranking as one of the top
5 industries, and
WHEREAS, Recreational use of lands and waters (hunting, fishing, swimming, boating,
camping, hiking, bicycling, snowmobiling, skiing, etc.) plays a primary role in making
Minnesota a tourism destination, and
WHEREAS, State and local government and for profit enterprises alone cannot provide
adequate outdoor recreational opportunities for the public, and
WHEREAS, It is necessary to utilize non -governmental lands in order to have complete
recreational trail systems, and
WHEREAS, A growing fear of liability and loss of property rights is discouraging
landowners from opening up their land for recreational purposes, and
WHEREAS, Legislation has been written which would limit liability of private landowners
who, without charge,, allow recreational use of their property and will be introduced in the
1994 legislative session as H.F. 1757, and
WHEREAS, H.F. 1757 would bring Minnesota more in line with at least 30 other states
which have recreational use statutes,
NOW THEREFORE, BE IT RESOLVED BY THE
(organization, municipality)
That recreational use of private lands and waters is important to the economic well being
of the area and
That, we do, hereby , support H.F. 1757 which increases protection of landowners who,
without charge, allow public recreational use of their lands
Adopted this day of 1994
Officer Clerk
CHAPTER No.
S. F. No.
H.R. No. 1757
AN ACT
Relating to the use of privately owned lands and waters by the
public for beneficial recreational purposes; clarifying the
nature and extent of liability of owners to persons using such
lands; providing protection from nuisance lawsuits; amending
Minnesota Statutes 1992, sections 87.0221; 87.024; 87.025; 87.03;
adding a new subdivision to section 87.021; and by adding a
new section to Minnesota Statutes 1992 Chapter 87.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Sec. 1. Minnesota Statutes 1992, Section 87.021, is amended to add a new subdivision
to read:
cause that result.
Sec. 2, Minnesota Statutes 1992, Section 87.0221, is amended to read:
87.0221 OWNER'S DUTY OF CARE OR DUTY TO GIVE WARNINGS
Except as specifically recognized by or provided in section 87.025, an owner (a) owes
no duty of care to render or maintain the land safe for entry or use by other persons for
recreational purposes, (b) owes no duty to warn those persons of any dangerous condition on
the land, whether patent or latent, (c) owes no duty of care toward those persons except to
refrain from intentionally causing willfully taking action to ..lose injury, and (d) owes no
duty to curtail use of the land during its use for recreational purposes.
Sec. 3. Minnesota Statutes 1992, Section 87.024, is amended to read:
87.024 LIABILITY; LEASED LAND, WATER FILLED MINE PITS
Unless otherwise agreed in writing, the provisions of sections 87.0221 and 87.023 1"'
shall be deemed applicable to the duties and liability of an owner of the following
described land: (1) land leased to the state or any subdivision thereof for recreational
purposes; or (2) idled or abandoned, water filled, mine pits whose pit walls may slump or
cave, and to which water the public has access from a water access site operated by a public
entity.
Sec. 4. Minnesota Statutes 1992, Section 87.025, is amended to read:
43 87.025 OWNERS' LIABILITY; NOT LIMITED
44 Except as provided in this chapter nothing herein limits in any way any liability
` 45 which otherwise exists:
1 Rev, 112993
(a) For GanduGt „hiGh at la „t:t1 ntai RA 111490. and.
„W "i:"r r.._ the conduct "......lamed of intentionally causing injury to any person or to
the Property of another:
(b), For injury suffered in any case where the owner charges the person or
persons who enter or go on the land for the recreational use thereof, except that in the case
of land leased to the state or a subdivision thereof, any consideration received from the
state or subdivision thereof by the owner for such lease shall not be deemed a charge within
the meaning of this section.
Sec. 5. Minnesota Statutes 1992, Section 87.03, is amended to read:
87,03 DEDICATION, EASEMENT
No dedication of any land in connection with any use by any person for a
recreational purpose shall take effect in consequences of the exercise of such use for any
length of time hereafter except as expressly permitted or provided in writing by the owner
owner.
Sec, 6. [87.0411 PROTECTION FROM NUISANCE LAWSUITS.
If any person brings a claim against an owner in state or federal court for injuries
such claim.
W P \TRAILS\ CHA P87AM.D04
Rev. 112993
installation, which is not located, constructed, installed or maintained
in accordance with the provisions of the ordinance shall be so
relocated, reconstructed, replaced or otherwise brought into
compliance within 180 days of notice and order to comply by the
Zoning Administrator. Existing systems which show evidence of
sewage tank effluent discharge to the ground surface, ground or
surface waters or other evidence of failure to adequately treat the
sewage tank effluent shall be replaced, reconstructed or repaired within
90 days of notice and order to comply by the Zoning Administrator.
The City will study the issue and possibility of extending MUSA along 1-94 to its eastern
boarder and include in this study area the Oak -band Junior High School and Cimarron
Park properties, if and when the possibility of expansion of its MUSA ever becomes a
reality. See Exhibit I. But it is unlikely that this study will begin until after the
Metropolitan Council and Metropolitan Waste Control Commission completes its
centralized/decentralized study, and its study of the need for expanding municipal
services to the East Metro area.
It is highly unlikely that Lake Elmo will ever study or consider expanding its MUSA
north of I Oth Street. The 2200 acre Lake Elmo Regional Park, a 483 acre private park
and approximately 300 acres of land in Agricultural Preserve span almost the entire
10th Street corridor of Lake Elmo (from the eastern border to West Lakeland to the
western border to Oakdale). Therefore, the possibility of extending MUSA north of
10th Street will never, for all practical purposes, be economically feasible.
No Regional Impact
The addition of this 120 acres in Lake Elmo into the Metropolitan Urban Service Area
Will not have a significant regional impact The County Road. 13. interchange Mth. 1-�4. is
in place and is complete with connecting service roads. 1-94 is currently operating at a
service level with free traffic flow and very little restriction in speed or maneuverability
caused by high traffic volumes. This major regional investment in infrastructure is
currently being under-utilized. In addition to transportation, other regional systems of
open space, and airports will not be affected by this MUSA line expansion. Lake Elmo
could service this 120 acres with it's own sewer capacity, with no impact on the
allocations to neighboring communities. This report will later address in greater detail
the regional sanitary sewer impact.
4
1 A bill for an act
2 relating to the city of Oakdale) authorizing the city
3 to petition for annexation of certain properties
4 acquired by the Minnesota department a£ transportation
S in Washington county for right-of-way purposes.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE QF MXNNESOTAs
7 Section 1. (pSTITION BY OAKDALE TO ANNEX MNDOT LANDS.]
a ' The city of Oakdale may petition for the concurrent
9 detachment and annexation of land oresemtl or fOrMarly owned b
10 the Minnesota de artment of trans ostation for hi hwa
11 rights -of -;way purposes and located in Section 32 and the west
12 halt of Section 33, Townshi 29 North, Ran a 21 90est Washin tan
13 county, notwithstanding any limitations on persons who may
14 vetition under m4nnnm^1.�--
15 1_, 44, and 5. The annexation must otherwise comply with
160 Minnesota Statutes, section 414.061.
17 sect 2. (APPLICAS=TY.'f 4
is section ] A „ 1 t e.. U_ ..L_
19
Pursuant to
Minnesota
StatM.utes, section 64d.023
subdivision 1
20
clause _{_al.
section 1
is effective without., ocal
avtirovai
T KDA
TOLTZ. KING, DUVALL. ANDERSON
AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS
1500 PIPER JAFFRAV PLAZA
444 CEDAR STREET
SAINT PAUL, MINNESOTA$51O1.2140
PHONE:5122024100 FAK:512/202-0OM
February 28, 1994
Honorable Mayor and City Council
Lake Elmo, Minnesota
Re: Water Tank Repairs
Lake Elmo, Minnesota
Commission No. 9150-940
Dear Mayor and Council Members:
Even though the repairs to the water tank have been completed, painting of the repair work still
remains. It was determined that repainting was not critical to eliminate the "emergency"
therefore, bidding for the painting could proceed under normal bidding procedures.
It is recommended that we proceed with obtaining bids for the repainting work. These bids could
be submitted to the City's insurance carrier to complete the water tank claim. Suitable weather
for painting usually begins at the end of April.
Action Requested
Authorize TKDA to solicit bids for painting of the water tank repairs.
Sincerely,
Larry D. Bohrer, P.E.
LDB/mha .
'cy�cv C� c .
March 3, 1994
City Council
City of Lake Elmo
9765.- 45th St. N.
Lake Elmo, MN 55042
Public Inquiry Item: Council Meeting of March 3, 1994
Dear Council Members:
As a member of the Parks Commission, I would like you, as Council
Members, to know that I am not receiving copies of Council Agenda
when it pertains to park issues. I am requesting that all agenda
pertaining to parks issues (including follow-up City Council
meetings pertaining to parks recommendations) be mailed to
individual City Parks Commissioners.
I have requested this agenda through discussions with City staff.
I have been told that for a fee of $15.00 I may receive all
minutes and agenda. That is punitive to me, a volunteer. I
have been told it is on cable. I do not have cable. I have
been told to call when I want to know when an item will be on
the agenda. That is a punitive request given the time lapse
between when we take action and when recommendations are put ,
on Council agenda. I am busy: Sometimes it is three Council
meetings later. I want to work with you in a communicative,
efficient manner. I need the agenda to do that.
My time is valuable, my appointment, by yourselves to this
commission means to me that you value my input. When I spend
many hours researching issues, attending meetings, voting on
motions, I want the opportunity to convey my findings to the
Council on issues should they need.my clarification.
I have been told by City staff that these mailings are not cost
effective. Cost effectiveness certainly addressess the smooth
functioning and the conveyance of information between
governmental bodies.
Respectfully submi e
Judy Bkford
Lake Elmo Parks Commissioner
See Attached page for
it --Not Part of Public
March 3, 1994
Dear Council Members:
Because individual Parks Commissioners received no agenda
notification, we were not present when action was recently taken
by the City Council that was in opposition to consistent Parks
Commission recommendations regarding maintaining the ordinance
prohibiting mountain biking in Sunfish Park. These Park
Commission recommendations were based on months (began in June
of 1992) of research and are documented in the City Sunfish
files. Based on a January joint Council/Parks meeting where
this item was discussed, and no opposition was reflected to
the Parks Commission by the Council following our again -carried
position to maintain the ordinance, I felt Council supported
our recommendation. I was bewildered and disheartened when
I learned of Council's motion. Had there been urgency to this
issue, I could understand this being brought to the floor with
Park Commission attendance.
It is tedious for the Council to research data when that is
what we are here for. This is a new Council and I would gladly
have reacquainted you with facts presented to the previous
Council when the ordinance was put in place and other facts
that made up our recommendations. I would have assembled a
packet for you with specialist's testimonies from our community
speaking directly to the uniqueness of the needs of our park.
This information is in my personal file, some is in the City
file, and it is what I based my recommendations on. I will
gladly do that now, but I hope in the future we can communicate
our needs more openly. Please call me anytime on parks issues.
At the Parks level, we have discussed the mountain biking issue
ad nauseum and lost numerous commissioners because this special
interest group brings the same basic proposals back "bi-monthly",
the latest in a somewhat prettier format (albeit vague statements
regarding mountain biking in other parks, not attesting to the
fact that those very same park systems prohibit biking in their
parks based on appropriateness of site selection.) Our
recommendations have been consistent and factual.
Keep the no mountain biking ordinance.
It is difficult to attend meetings when mountain biking is on
the agenda given the heated discussions and hostility expressed
when we stand firmly on decisions. It is very difficult to
not be disheartened as a commissioner when communication
breakdowns result in directives that might have been prevented.
Respectfully,
Judy B]/a_ckford, Parks Commissioner
TKD/�
TOLTZSON
KING,TES,IN,
..LL ..LL
AND INCORPORATED
AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS
1500 PIPER JAFFRAV PLAZA
444 CEDAR STREET
SAINT PAUL, MINNESOTA 55101-2140
PHONE:0121262-4400 FAX:012/202-0003
March 8, 1994
Honorable Mayor and City Council
Lake Elmo, Minnesota
Re: Olson Lake Estates Pond
Lake Elmo, Minnesota
Commission No. 9150-940
Dear Mayor and Council:
We have made a calculation of the volumes of Olson Lake Estates pond represented in the "as -
approved" plan and compared it to the "as -constructed" plan as prepared by the DNR. Pond
volume below the outlet elevation is considered "dead" storage. It is this volume which is most
beneficial for water quality improvement. We find that the dead storage as constructed exceeds
the dead storage provided by the approved plan by 13%. Please refer to the attached chart for the
pond computations.
Sincerely,
Larry D. Bohrer, P.E.
LDB/inha
Enclosure
OLSON LAKE ESTATES POND
Contour
Area (SF)
Area (SF)
Elevation
As-Annroved
As -Constructed
942
17,523
0
944
31,445
15,076
946
46,512
30,637
948
64,508
92,397
950
111,805
154,787
952
151,065
207,066
954
181,060
247,987
956
251,374
289,847
958
317,937
332,394
960
362,010
374,705
962
406,642
1
964
450,078
1
966
487,423
1
Dead Storage - Volume below runout elevation of 952.
As -approved 15.13 Ac.Ft.
As -constructed 17.12 Ac.Ft.
Live Storage - Volume above runout to elevation 960.
As -approved 46.23 Ac.Ft.
As -constructed 53.47 Ac.Ft.
1 DN12 Survey stopped at elevation 960.
TKDA.
TOLTZ, KING. DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS - PLANNERS
1600 PIPER JAFFRAr PLAZA
414 CEDAR STREET
SAINT PAUL, MINNESOTA 551014140
PHONE:0122924400 FA%:012292-0093
February 28, 1994
Honorable Mayor and City Council
Lake Elmo, Minnesota
Re: Water Tank Repairs
Lake Elmo, Minnesota
Commission No. 9150-940
Dear Mayor and Council Members:
Work on the repair to the elevated water tank was completed on February 16, 1994. The tank
was disinfected and after receiving test results showing no bacteria, was placed back into service
on February 19, 1994.
The contractor has submitted the attached invoice for the work. The invoice includes the riser
replacement at the quoted lump sum price of $42,685.00 and the ice removal at the quoted unit
price of $85.00 per man-hour. The contractor reports 116 man-hours for a total ice removal cost
of $9,860.00.
We have checked the invoice and find it in accordance with the original contract and, therefore,
recommend its payment.
Requested Action
Approve the final payment to Maguire Iron, Inc. in the amount of $52,725.00 in accordance with
the attached invoice. This matter will appear on the claims list for the March 15, 1994 Council
meeting.
Sincerely,
Lary D. Bohrer, P.E.
LDB/niha
Enclosure
Maguire Iron, Inc.
P.O. BOX 1446 • SIOUX FALLS, SO 57101
PHONE (605) 334-9749
AFTER HOURS (605) 334-2455
FAX (605) 334.9752
City Finance Office
Lake Elmo
3800 Laverne Ave. N.
Lake Elmo, Minnesota 55042
STATEMENT
WATER TOWER SPECIALISTS
ESTABLISHED 1915
NEW AND USED TANKS
Fabucaon9 EfnCpny
Rep Tank aan Panvmy Wa@r
an45 ana icwers
Date 2/18/94
ERVICE INTERIOR
AINTING EXTERIOR
AND BLASTING
'ELDING PITTED AREA SO. INCHES @
'ELDING SEAMS AND/OR RIVETS ._ INCHES @ _
Contract as dated 2-1-94 to remove and replace
5' diamates center risAr Inn water t-nwe
All work nnMl to ed per that contract.
$ 42,685 ,nC
to remove ice.
9 860.00
n TOTAL
TKL/_`
TOLTZ. KING. DUVALL, ANDERSON
i.i,�
AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS
1500PIPERJAFFRAV PLAZA
. 444CEDARSTREET
-
SAINT PAUL. MINNESOTA 55101-2140
PHONE:812202.4400 FAXA12M2-0 83.
March 1, 1994
Honorable Mayor and City Council
Lake Elmo, Minnesota
Re: MWCC Centralization/Decentralization Study
Lake Elmo, Minnesota
Commission No. 9150-940
Dear Mayor and Council Members:
On February 23, 1994, the City Planner and myself attended a presentation on the Metropolitan
Waste Control Commission's "Centralizatiou/Decentralization (C/D) Study". This stage of the
study process is called the Draft Final Report. The purpose of the study is to predict sewer needs
to the year 2040 and make recommendations whether the MWCC should continue its present
policy of centralized sewage treatment with a few treatment plants or decentralize with the
construction of more plants. The purpose of our attendance was to determine if any interceptors
and treatment capacity is planned to be provided for at least a portion of Lake Elmo.
The preferred alternatives for the East Metro Area call for either a new Southeast Regional plant
in southern Washington County at Cottage Grove or a new Southeast Regional plant near
Hastings.
In either alternative, a new interceptor in eastern Woodbury would stop short of the Lake Ehno
border.
The study also made a prediction of the sewer needs for that portion of Lake Elmo lying south of
loth Street. The area was subdivided into that area west of CSAH 19 and that area east of CSAH
19. The following information on anticipated households and sewer flows was provided by the
Metro Council and used by the consultants in the C/D Study:
Area
1990
2000
2010
2020
2030
2040
West of
Flow (MOD)
.01.
.04
.08
.09
.10
.12
CSAH 19
Households
24
120
230
266
305
344
East of
Flow (MGD)
.18
.18
.18
.20
.24
.27
CSAH 19
Households
471
500
533
600
695
784
This table shows that for the area west of CSAH 19, the Metro Council shows no growth beyond
our present sewer allocation of 0.077 MGD (.08 in table) until after the year 2010.
It also shows an existing sewer need east of CSAH 19 of 0.18 MGD (probably Cimarron)
holding constant until the year 2010, then slow growth thereafter.
Honorable Mayor and City Council
March 1, 1994
Page 2
Conclusions
The Met Council is not anticipating any sewer need west of CSAH 19 beyond the City's current
allocation of 0.077 MGD until after 2010. The Met Council is not anticipating any sewer need
east of CSAH 19 beyond Cimarron until after 2010. If the City Council does not agree with this
assumption, it must make its objections known now or be left out of the metropolitan sewer
system planning. It is very important that an interceptor be sized to meet the City's anticipated
need and that the interceptor be extended to the north side of I-94. Ending the interceptor near
Wilmes Lake in Woodbury will not be accessible to Lake Elmo.
Recommendations:
1, The City should send a letter to the Metro Council and the b.WCC objecting to the
projected sewer flows and lack of interceptor for Lake Elmo.
2, The City should begin the I-94 corridor study to more accurately predict growth and
sewage needs in this area.
Sincerely, �(7
Larr, Bohrer, P.E.
LDB/mha
f
STATE OF
DEPARTMENT OF NATURAL RESOURCES
METRO WATERS, 1200 Warner Road, St. Paul, MN 55106
PHONE NO. 772-7 910 FILE NO.
February 16, 1994 rr, -199
Ms. Mary Kueffner
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: DNR Survey of Olson Lake Estates Pond 82-477
Dear Ms. Kueffner:
Enclosed is a 1" to 50' scale contour map of the pond which was
excavated pursuant to DNR permit no. 89-6135. The DNR
Hydrographics Unit Survey Crew surveyed the pond on January 13,
1994. There is a note on the drawing of the southern pond which
refers to a depth question due to water levels which slightly
exceeded the survey rod they were using. The survey crew is
confident that the actual depth is very close to what is shown. We
also calculated areas and volumes at several elevations.
I would like to give you a couple of weeks to review the attached
information before we meet again. I have tentatively set March 10,
1994 from 9 to 12 for this meeting at the Metro Region. It is
hoped that approximately the same group as met on September 30,
1993 will be available to attend. This letter is being sent to all
participants. Please advise me as soon as possible of any schedule
conflicts.
At our follow-up meeting I would like you to be prepared to discuss
the adequacy of the pond as it now exists to treat the stormwater
from both a water quality and quantity perspective. The quantity
perspective must consider the elevation of the homes on the south.
The water quality issues are more complex, but it is my
understanding that there has been a preliminary meeting between
Barr Engineering and the MPCA to discuss mutually agreed upon
parameters. The entire group should be enlightened and updated as
to where this issue is at. Based upon various analyses by the
engineers, we will also discuss any recommended alterations to the
pond that might better manage and accomplish our somewhat diverse
goals.
AN EQUAL OPPORTUNITY EMPLOYER
Ms. Mary Kueffner
February 16, 1994
Page 2
Thank you for your participation. We look forward to a productive
meeting on the eleventh. If you have any questions, feel free to
contact me at 772-7910.
Sincerely,
Molly Shodeen
Area Hydrologist
c: Larry Bohrer, TKDA
Craig Waldron, City of Oakdale
Chuck Dayton
Seldon Caswell
Mark Lobemeier, SEH
John Stine
Dale Homuth
Cathy Brehm
Richard Nelson
® Metropolitan Council
Advocating regional economic, societal and environmen tal issues and solutions
March 7, 1994
Mary Kueffner, Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: City of Lake Elmo
Comprehensive Plan Amendment Review
Land Use Designation Change - 464 Acres
Metropolitan Council_ Referral Pile No. 15407-6
Dear Ms. Kueffner:
S -Sc�4;tlI��CF'fAR
At its meeting on March 3, 1994, the Metropolitan Council considered the city of Lake Elmo's
comprehensive plan amendment. This consideration was based on a report of the Committee of
the Whole Consent List. A copy of this report is attached.
The Metropolitan Council informs the city of Lake Elmo that it may adopt the amendment and no
plan modification is required, and that the Metropolitan to the city of Lake Elmo. Council transmits the attached comments
Sincerely,
Dottie Rietow
Chair
DR:Iv
Attachment
cc: Donald Bluhm, Metropolitan Waste Control Commission
Richard Thompson, Metropolitan Council Staff
9 1994
-11 I. idle zsu East Fifth Street St. Paul, Minnesota 55101-1634 612 291-6359 Fax 291-6550
®necyclad paper An Equal Opportunity Employer TDD 291-0904
Metropolitan Council Meeting of March 3, 1994 Business Item: A-2d
METROPOLITAN COUNCIL
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101
612 291-6359 TDD 612 291-0904
REPORT OF THE
COMMITTEE OF THE WHOLE
DATE: February 25, 1994
TO: Metropolitan Council
SUBJECT: City of Lake Elmo Comprehensive Plan Amendment
Change in Land Use Designations-464 Acres
Metropolitan Council Referral File No. 15407-6
Metropolitan Council District No. 12
i:1C�:ZtiZalli`►L�
This plan amendment proposes to change the land use designations on five scattered parcels of land
within the city of Lake Elmo. The plan amendment would increase the density from one unit per
ten acres to six units per 20 acres with a 2.5 acre minimum lot size on four parcels. The density on
the fifth parcel would decrease from one per five acre to one per ten acre density. The overall net
effect of the plan amendment would be to increase the number of potential dwelling units by 81. The
proposed plan amendment will not result in a metropolitan system impact, nor will it result in a
substantial departure from any of the Council's metropolitan system plans.
ISSUES
None.
That the Metropolitan Council inform the city of Lake Elmo that it may adopt the amendment and
no plan modification is required, and that the Metropolitan Council transmit these comments to the
city of Lake Elmo.
Respectfully submitted,
Dottie Rietow, Chair
Committee of the Whole Meeting of February 24, 1994 'Business Item: A-4
METROPOLITAN COUNCIL
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101
612 291-6359 TDD 612 291-0904
DATE: February 16, 1994
TO: Metropolitan Council Committee of the Whole
FROM: Comprehensive Planning (Richard Thompson, 291-6457)
SUBJECT: Consent List Item
City of Lake Elmo Comprehensive Plan Amendment
Change in Land Use Designations-464 Acres
Metropolitan Council Referral File No. 15407-6
Metropolitan Council District No. 12
INTRODUCTION
This plan amendment proposes to change the land use designations on five scattered parcels of land
within the city of Lake Elmo. The plan amendment would increase the density from one unit per
ten acres to six units per 20 acres with a 2.5 acre minimum lot size on four parcels. The density on
the fifth parcel would decrease from one per five acre to one per ten acre density. The overall net
effect of the plan amendment would be to increase the number of potential dwelling units by 81.
ISSUES
The city of Lake Elmo is an exception to the Council's rural policy. As such, the city has addressed
and complied with Criteria 1-11 in Appendix Three of the Metropolitan Development and Investment
Framework policies for the rural service area. The city has in place stringent development standards
regarding the installation, management and inspection of on -site sanitary sewer systems, regulations
regarding the control and management of surface water runoff, and the protection of wetlands and
other environmentally sensitive areas such as steep slopes, heavily forested areas and major water
bodies.
The city of Lake Elmo actively supports long-term agricultural practices in the community. The
agricultural preserves program is supported by the city. Several major tracts of land in the city are
part of the agricultural preserves program. Approximately 250 acres located immediately south of
the western -most property are enrolled in the agricultural preserves program.
The city of Lake Elmo has considerable area committed to local and regional recreational open space
land uses. Currently, over 25 percent of the city's land area is committed to park and recreation
purposes. Over 2,200 acres in the city are committed to the Washington County park system. The
3M Tartan park is also located in the city.
The city of Lake Elmo provides for a variety of housing types and incomes. Approximately 30
percent of the city'shousing units are located in the Cimarron manufactured housing park. The vast
majority of people living in these residential units are within the low and moderate income category.
Over 60 percent of the people who live in the old village area are also within the low and moderate
income category.
The proposed plan amendment will not result in a metropolitan system impact, nor will it result in
a substantial departure from any of the Council's metropolitan system plans.
RECOMMENDATION
That the Metropolitan Council inform the city.of Lake Elmo that it may adopt the amendment and
no plan modification is required, and that the Metropolitan Council transmit these comments to the
city of Lake Elmo.
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
THURSDAY,MARCH 3, 1994
***Because of Precinct Caucuses held on March 1, 1994,
the Council meeting was rescheduled***
7:00 p.m. MEETING CONVENES
Pledge of Allegiance
1. AGENDA
2. MINUTES: February 15, 1994
3. CLAIMS
4. PUBLIC INFORMATIONAL:
A. Public Inquiries
B. Other
5. UNFINISHED BUSINESS:
A. Update on Comp Plan Amendment
B. Update on Oakdale's Proposed Legislation
C. Other
6. PLANNING/LAND USE & ZONING:
A. Ordinance Relating to Site & Plan Review
7. CITY ENGINEER'S REPORT:
A. Update on Water Tower
(1) Final Payment to Maguire Iron $52,725.00
(2) Advertisement for bids for painting water tank
B. Report on MWCC Centralization/Decentralization
Sewer Study
C. Other (over)
LAKE ELMO CITY COUNCIL AGENDA March 3, 1994 2
8. CITY ATTORNEY'S REPORT:
A. Resolution NO. 94-8 Declaring Nuisance
B. Other
9. CITY COUNCIL REPORTS:
'A. Mayor John
B. Council Member Conlin
C. Johnson
D. Johnston
E. Mottaz
10. CITY ADMINISTRATOR'S REPORT:
A. Other
11. Adjourn