HomeMy WebLinkAbout11-01-94 CCMMINUTES APPROVED: NOVEMBER 15, 1994
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 1, 1994
Mayor John called the council meeting to order at 7:00 p.m. in the council chambers.
PRESENT: Mottaz, Conlin, John, Johnston, Johnson, City Engineer Bohrer, City
Attorney Filla and Administrator Kueffner.
1. AGENDA
ADD: 5C. Arabian Hills, 7B. Negotiations with Oakdale, 8B. Ray Boche drainage
problem, 11A. Set meeting date to canvass election results
M/S/P Conlin/John - to approve the November 1, 1994 council agenda as amended.
(Motion passed 5-0).
2. MINUTES: October 4, 1994
M/S/P Johnston/Johnson - to table the October 4, 1994 council minutes until the
November 15, 1994 meeting. (Motion passed 5-0).
MINUTES: October 18, 1994
M/S/P Johnson/Conlin - to approve the October 18, 1994 council minutes as amended.
(Motion passed 5-0).
3. CLAIMS
M/S/P Johnston/Conlin - to approve the November 1, 1994 claims #3177 through
#3202 as presented, excluding Claim #3203 Minnesota Playground, Inc. because the
playground equipment installation has not been completed. (Motion passed 5-0).
4. Joni Chavez - Presentation of Benefit Proceeds to the family of Tim
Jones
A check of $7,071 was presented to the family of slain St.Paul police officer and Lake
Elmo resident Timothy Jones. A benefit was held on October 2 to raise funds for the
Jones family. Jone's widow, Roxanne, thanked the organizers and the community for
their great gesture. Mayor John thanked the event organizer, Joni Chavez and
everyone involved, for putting the benefit together in such a timely fashion.
5. PUBLIC INFO RMATIONAUINQUIRIES:
A. Public Inquiries - None
LAKE ELMO CITY COUNCIL MEETING NOVEMBER 1. 1994
B. Minnesota Mosquito Control
Jim Stark, Brian Ziegler, and Sandy Brogren, Minnesota Mosquito Control gave a
presentation on the Metropolitan counties working together to reduce insect transmitted
disease and annoyance and wanted to create two-way communication with Lake Elmo
residents and the Mosquito Control District.
C. Arabian Hills
Doug Pepin, spokesman for residents from Arabian Hills, expressed their concerns that
the developer has not finished planting the number of trees required by the landscape
plan that was approved by the City. Pepin added that a number of the residents have
planted trees on their lot and he would like those not to be counted in the numbers of
trees required by the developer.
Attorney Filla stated the preliminary landscape plan that was submitted to the city
indicates that 6 trees per acre are to be planted. Potentially, there could be 250-300
trees. We ought to be able to go out in the field and determine if there has been
compliance. Filla asked Mr. Pepin for a copy of the covenants,
M/S/P Johnson/Johnston - to direct the Building Official; Chuck Nelson, Developer; City
Administrator; and Doug Pepin, Arabian Hills resident; to draft a landscape plan to meet
the development agreement for Arabian Hills. (Motion passed 5-0).
D. Department of Transportation Letter
Mayor John provided a letter dated June 23, 1994 that he received on October 28,
1994 from the Minnesota Department of Transportation notifying the city that after this
date Mn/DOT will only send copies of replacement plan applications (and subsequent
decisions) to mayors of cities directly affected by MN/DOT projects. If the City is
interested in receiving replacement plans for projects that do not directly affect our city
(but occur within the same watershed in which the city is located), they ask the city to
notify the Mn/Dot Office of Environmental Services within 30 days.
M/S/P John/Mottaz - to direct the city administrator to send a letter to Mn/DOT that we
would be interested in any projects which were affecting other cities within our
watershed district, and since we didn't receive the letter until October 28, 1994, that the
30 day period is not a valid one. The council requested receiving copies of both letters.
(Motion passed 5-0).
6. UNFINISHED BUSINESS:
A. Update on Potential Annexation Legislation
The city received a letter, dated November 1,1994, from Ellen Sampson, Leonard,
Street and Deinard, summarizing the meeting with Mayor John, City Administrator,
LAKE ELMO CITY COUNCIL MEETING NOVEMBER 1, 1994
Ellen Sampson, Peter Bachman and Pam Steckman. On the basis of the estimate of
hours Ms Sampson has provided, the cost to us will be in the area of $10,050.
The City Administrator received a letter from Terrence Merritt, Municipal Board,
indicating prior to completing their review of the correspondence from the city
concerning D-248 Lake Elmo/A-4573 Oakdale, they wish to give all parties to the
original proceeding an opportunity to review the information and determine that some
parcels that were included in the Board's order to concurrently detach and annex that
were not originally petitioned for, and some that were petitioned for that were not
included in the Board's Order. Comments should be made by November 15, 1994,
Council member Conlin asked that the city look at proposed legislation on how
annexation affects other cities and not specifically to Section 32. Councilman Johnson
asked that a bill be put together to hand to the legislature that would do away with land
grabbing and if the city attorney could put together an aggressive plan to go after these
issues
M/S/P Mottaz/Johnson - to instruct the staff to work through the city attorney to the
Municipal Board, direct city attorney to respond by November 9 council meeting to
Terry Merritt's letter and direct Sampson, Steckman, Bachman to look at potential
annexation legislation state-wide, not just for Section 32. (Motion passed 5-0).
B. Olson Lake Estates Pond
Mayor John attended the Valley Branch Watershed District meeting on October 17 to
follow up on the letter sent to them by Chuck Dayton on our behalf. John reported
Chairman Zetterberg did not want to remove study of the four options from the plan.
He expected the reviewing bodies to comment and reject a particular solution they
found unacceptable or to add additional conditions. He cited the requirement to add a
bypass duct across the south end on Lake Elmo in the 509 Project as a precedent.
They Instructed their engineer to write the reviewing bodies asking that they pay
specific attention to these proposals for the Olson Lake Estates discharge and to
comment on the solutions.
Mayor John will be talking to Molly Shodeen, DNR, and will ask to be on the Tri-Lakes
Assoc. agenda to give an update on Olson Lake Estates Pond.
7. PLANNING/LAND USE & ZONING:
A. Hammes Mining:Proposed Ordinance to permit recycling
The Council received a draft ordinance to include recycling for concrete and asphalt
prepared by John Voss, Urban Planning & Design, Inc. Hammes Mining had requested
an amendment to a conditional use permit in August that would have allowed for
recycling concrete. There are no more sand or gravel mining operations in the area
LAKE ELMO CITY COUNCIL MEETING NOVEMBER 1, 1994 4
and with depleting resources, recycling concrete or asphalt is needed to keep costs
down said Voss, who has drafted the revision to the zoning ordinance.
Councilman Mottaz stated in Lake Elmo we pride ourselves in recycling and thought the
proposed ordinance to permit recycling as an overlay to an existing mining operation
was appropriate.
Council member Conlin stated the city does not have the resources to enforce this
ordinance and there are too many holes in it. The Hammes CUP was out of
compliance and this is their effort to put them in compliance. She felt the city should be
consistent because there are circumstances with other ordinances where we have
stuck to the rules. She could not support this proposed concept which she considers a
transfer station. She would like the PZ to look at other ordinances relating to recycling
besides this one presented to them in their investigation.
Council member Johnston felt the citizens had the right to take action to take care of
the city's concerns.
M/S/P Mottaz/Johnson - upon receipt of an application, the Planning Commission will
be directed to hold a public hearing on the proposed ordinance to permit recycling as
an overlay to an existing mining operation. (Motion passed 4-1:Conlin: The motion was
unnecessary that what we are looking at was a concept and she does not approve of
the concept. )
B. Negotiations with Oakdale
Mayor John explained the mayor and city administrator of Oakdale need a response
from council if it would support a proposal for exchanging the land north of 4th Street
that is Mn/DOT property and part of the Oakdale golf course (current proposal for golf
course is outside the MUSA) for all properties south of 4th Street and east of the
western boundary of the Mn/DOT property to be in Lake Elmo. This land which lies
outside the MUSA stays in Oakdale provided we can pick up MUSA land in Lake Elmo.
Alternatively, we can look at all land east of Ideal and south of 4th Street. The
advantage to this is that Ideal Avenue forms a straight line demarcation between the
cities so that we do not run into demarcation disputes on curved boundaries that are
difficult to survey.
Attorney Filla indicated if we can service directly or indirectly a larger area then it
becomes more economical for the city to initiate the project. We could have a
temporary agreement with Oakdale that they would provide sewer service because we
would own the sewer lines and we would take them over in the future and also serve
the properties on the east side of Cty. Rd 13 which depends upon enlargement of the
downstream interceptor. There is a way to provide sewer facilities to those residents,
but it would probably mean that the city would have to front end some of the costs until
we could extend the sewer to the east.
LAKE ELMO CITY COUNCIL MEETING NOVEMBER 1, 1994
Councilman Mottaz thought it was a good negotiating point to include straight lines and
we could fall back to Ideal Avenue. Conlin suggested asking Oakdale to support our
legislation on annexation and asked that the discussion with Oakdale be kept focused
on this area..
8. CITY ENGINEER'S REPORT:
A. Street Lights:Location and Cost Estimate
Larry Bohrer received the following "ball park" estimate for installation of a street
lighting system for TH5 & 39th Street:
TH5 5 ea. (150W) onto existing poles
5 x $10.15 = $50.75/mo. No installation charge
2. Lake Elmo Avenue near school 2 ea. (150W) onto existing poles
2 x $10.15 = $20.30/mo. Installation charge for transformer = $1,000
3. 39th Street
4 ea. (150W) on decorative poles
4 x $20.85 = $83.40/mo. Installation charge = $8,500
TOTALS $9,500 + $154.45/mo.
M/S/P Mottaz/John - Providing the funds can be prorated, the staff be instructed to
proceed and ask NSP to prepare a formal agreement for installation of a lighting
system for TH5 & 39th Street as shown in city engineer's handout at the meeting.
(Motion passed 5-0).
B. Ray Boche Drainage problem
Larry Bohrer reported Ray Boche came before the council asking for some relief from a
drainage problem. It is his opinion that the road culverts at 37th and 36th St. were
placed there in order to equalize the water on all sides. It may have eventually drained
to the south, but that had to be before the construction of this home. Mr. Boche's home
has not received damage, but because the water seeps away, his septic system does
not function well. An option would be to reconstruct the drainfield at a higher level or
find some way to accommodate the water.
Bohrer has reported that they would conduct the surveys necessary while they were out
doing other things on Jamaca Avenue reconstruction. Those surveys were conducted
and in order to grade some relief out of this area we would have to proceed down
approx. 700' before we get to terrain that would allow us to drain by gravity. This does
not seem feasible because this is actively farmed and there is no easements in this
area to do any excavation. One possibility is the VBWD Tri-lakes outlet runs along
there and there is a manhole in this vicinity. We could ask the watershed district from a
( policy standpoint if they would allow some type of small diameter connection which
LAKE ELMO CITY COUNCIL MEETING NOVEMBER 1, 1994
would be a storm sewer system into the Tri lakes outlet. It would have to be restricted
in size so as not to impact the capacity of the Tri lakes outlet, but it would provide a way
for this area to drain down rather than just rely on seepage. If the council feels this idea
has some merit, Bohrer asked for council direction to write a letter to the VBWD and
see if they would allow this type of connection. If they would, then the city could
proceed to the next step, which would be cost estimate and an improvement hearing.
M/S/P Mottaz/John - to direct the city engineer to contact the VBWD to see if they
would allow some type of pipe connection in their storm sewer system to provide a way
for the area located at 8801 37th St. N. (Ray Boche) to drain down rather than just rely
on seepage.. (Motion passed 5-0).
9. CITY ATTORNEY'S REPORT:
A. Curfew Ordinance (continuation)
A revised curfew ordinance was presented to the council. Council member Conlin
asked, "If I allow my child to be out after midnight because of something I feel is
important, would that be in violation of the ordinance?" Filla answered as long as the
activity is not illegal and it is with the consent of the parent or guardian, there would not
be a curfew violation.
M/S/P Johnson/John to bring back to the table the motion to accept the amendments
and adopt the ordinance relating to the implementation of curfew within the city of Lake
Elmo. (Motion passed 5-0).
Council member Conlin suggested publishing the proposed curfew ordinance in the
newsletter to inform the residents that the council is considering such an ordinance.
M/S/P Johnston/Mottaz - to hold a public hearing before the adoption of the curfew
ordinance. (Motion passed 5-0).
10. CITY COUNCIL REPORTS:
Mayor John reported when he was out talking to residents in the city a number of
people asked what was the position in relation to the 3M property on the east side of
Ideal and Highway 5. John contacted Don Jordan, 3M Company, who confirmed they
had no specific plan in developing that property. It still remained in their long term
proposal for when the appropriate opportunity arose.
As the new liaison with the city council and HPC, Sue Schiltgen Johnson, Chair of the
HPC asked that Councilman Mottaz convey her feelings with regard to the events that
took place at the city council meeting of October 4,1994. Mottaz read Johnson's memo
summarizing her feelings of the moment with regard to Lee Hunt's allegation of open
meeting violations against the HPC and the handling of this situation by the council.
LAKE ELMO CITY COUNCIL MEETING NOVEMBER 1, 1994 7
Administrator Kueffner reported she did not have the recodification package available
for the council as requested in the October 18, 1994 minutes, but would submit it in the
next packet.
11. CITY ADMINISTRATOR'S REPORT:
The Council will hold a special meeting on Wednesday, November 9, 1994, 7 p.m. to
canvass the votes from the municipal election and review Attorney Filla's response to
Terry Merritt's request
M/S/P Conlin/Mottaz - to adjourn the meeting at 10:45 p.m. (Motion passed 5-0).
Respectfully submitted by Sharon Lumby, Deputy City Clerk
MINUTES APPROVED: NOVEMBER 15, 1994
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 4, 1994
Mayor John called the council meeting to order at 7:00 p.m. in the council chambers.
PRESENT: Mottaz, Conlin, John, Johnston, Johnson, City Attorney Filla, City Engineer
Bohrer and Administrator Kueffner.
I.AGENDA
ADD: 4C. Council liaison to Fire Dept., 6C. Section 32/33 negotiations with Oakdale
M/S/P John/Johnston - to approve the October 4, 1994 city council agenda as
amended. (Motion passed 5-0).
M/S/P Conlin/Johnston - to take the August 16 and September 6 council minutes off the
table. (Motion passed 5-0).
2. MINUTES: August 16, 1994
M/S/P Johnson/John - to approve the August 16, 1994 council minutes as
amended. (Motion passed 5-0).
MINUTES: September 6, 1994
M/S/P Johnston/Johnson - to approve the September 6, 1994 council minutes as
amended. (Motion passed 5-0).
MINUTES: September 20, 1994
M/S/P Conlin/Mottaz - to approve the September 20, 1994 council minutes as
amended. (Motion passed 5-0).
3. CLAIMS
M/S/P Mottaz/Conlin - to approve the October 4, 1994 claims #3045 through #3135 as
presented. (Motion passed 5-0).
4. PUBLIC INQUIRIES AND PUBLIC INFORMATIONAL•
A. Comments, Questions, and Inquiries - None
B. Peg Larsen, Candidate for State Representative Dist. 56B
Peg Larsen introduced herself as a candidate for State Representative District 56B and
indicated her concerns are on taxes, crime and education.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1994
C. Liaison to Fire Dept.
M/S/P Johnston/Conlin - to appoint Jess Mottaz as council liaison to the Fire Dept.
(Motion passed 5-0).
5. OLD BUSINESS:
A Water Surface Use Ordinance
As requested by the city council, the Water Surface Use Committee met on August 10,
1994 and reviewed the proposed ordinance.
M/S/P Johnson/Conlin - to direct the city attorney to make the appropriate legal
revisions and direct the city administrator to make the necessary typographical changes
and send the Water Surface Use Ordinance to the Minnesota DNR for review and
approval. (Motion passed 5-0).
The City council will make up its mind on a Public Hearing after they receive the DNB's
response to the ordinance. Attorney Filla indicated the city did not need to hold a
public hearing on this ordinance.
B. Heritage Preservation Ordinance
M/S/P Mottaz/John - to direct the Heritage Preservation Commission review Section
230 and 330 along with Rita Conlin's comments and direct the administrator to
schedule a public hearing on November 14, 1994 for the Heritage Preservation
Ordinance. (Motion passed 5-0).
C. Park Land Dedication - Criteria defining "best interest of the general public"
Council member Conlin provided her criteria for accepting park dedication in wetlands;
such as, valuable resource for environmental preservation and educational purposes,
suitable for public use, maintenance cost, and receive recommendation from parks
commission.
Mayor John submitted his criteria in memo to the council dated September 27, 1994 for
accepting park land dedication in wetlands
Attorney Filla suggested requiring the council to make these four findings before they
would allow wetlands or flood plain areas to be used to satisfy public dedication
requirements.
M/S/P Conlin/John - that the council comments be given to the city attorney to combine
and bring back the revision to the Park Land Dedication Ordinance to the next council
meeting. (Motion passed 4-1:Mottaz:cannot accept any wetlands for park land
dedication for any purpose. --It is extensively outlined in our code on protection of
wetlands., We are obligated now with disputes to stick by our wetland protection
ordinances. Park land dedication should be land dedication)
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1994 3
D. Cimarron Park: Correspondence and Curfew Ordinance
A draft curfew ordinance prohibiting people of a certain age to be in public places or in
private places without guardian or consent of parent during certain hours was reviewed
by the council. Filla pointed out an age group (15 & 16) was missed. If the council is
interested in adopting curfew regs, he would bring it back in ordinance form revised in
simplified wording.
M/S/P Mottaz/ Conlin - to follow Attorney Filla's advise and have him word it
appropriately and return the curfew ordinance to the next council meeting. (Motion
passed 5-0).
Filla will copy Floyd Olson, Chair of Cimarron Community Coalition, the letter he will
send the city and the proposed ordinance.
E. Olson Lake Estates (update)
Administrator Kueffner reported the Oakdale city council authorized for the plug to be
put back in for now. They had to order the plug from Colorado and are not going to put
it in where they had it before, but through the manhole in the ditch on County Rd 13.
The city has not received an update from Mr. Dayton, but should have some direction
from him for the next meeting.
Mayor John explained at the last VBWD meeting, although it was not specifically on
their agenda, they did bring up a comment from their engineer which refuted some of
the claims Lake Elmo has put forward. John suggested the city send a memo to the
VBWD expressing our concern that they discussed an agenda item that was not listed
on their meeting agenda.
Kueffner explained there still is not a permit issued for the discharge. Oakdale has met
with the DNR who have put three conditions on the permit.
1. Move the inlet pipe to the north end of the pond at a cost of $50,000-$60,000 paid by
Oakdale. There was a question raised by the Oakdale engineer if this would serve a
positive function and there is an engineering study that is being done between Barr and
Oakdale.
2. Put a skimmer on.
3. Adopt and enforce an ordinance that prevents the property owner from mowing
beyond their lot line.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1994 4
6. PLANNING/LAND USE & ZONING:
A. Correspondence regarding advertising on billboard on Highway 5
The City received a letter from Allan Kristenson, 5230 Kirkwood Avenue, requesting the
city consider an ordinance preventing the advertisement of "legal" drugs on billboards
within the city; such as, the billboard on the west side of the old village.
Attorney Filla reported there are federal and state laws that apply to removal of
billboard signs. They can be removed, but you need to compensate the property
owners. He didn't believe the city has the authority to prohibit this type of advertising in
the city. It would be a violation of the billboard owner's advertising first amendment
rights.
M/S/P Johnston/Conlin - to direct the staff to respond to Allan Kristenson's letter
acknowledging his concerns and providing him with the comments that our city attorney
has provided. (Motion passed 5-0).
Councilman Johnson asked that the letter include the city is very diligent in not allowing
any more advertising billboard signs.
B. Metro East: Request for Proposals #569
The city received an RFP from Metro East for a St. Paul company who is looking for a
site in the metro east area for a new corporate headquarters. The council was
interested in investigating this proposal, but was not interested offering any incentive
packages.
M/S/P Mottaz/John - that a letter be sent to Metro East Development Partnership
submitting Lake Elmo's name to receive further information on Proposal #569. (Motion
passed 5-0).
C. Section 32/33 Negotiations with Oakdale
The Council received a memo from Administrator Kueffner, dated October 3, 1994,
listing conditions the Oakdale Mayor and City Administrator have proposed in response
to Lake Elmo's request for additional sewer capacity.
Councilman Mottaz thought it was a total sell out and it was absolutely, totally
unacceptable to Lake Elmo. Council member Conlin didn't think we should break down
our negotiations over this.
M/S/P Mottaz/Johnson that the city council, as a whole, rejects this entire proposal and
direct Mayor John to relate their decision to the City of Oakdale at their next meeting
(Wednesday). (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1994
Kueffner reported that Ellen Sampson will be coming out next week to go over
proposed annexation legislation which will be submitted to the council at their next
meeting.
7. CITY ENGINEER'S REPORT:
A. Request for water main extension on Lake Elmo Avenue
City Engineer Larry Bohrer prepared a cost estimate and estimated assessments to
extend watermain on Lake Elmo Avenue in accordance with the petition received on
September 20, 1994. The proposed assessments are high due to the one-sided benefit
of the project and the fact that most of the property has large frontage.
Kueffner reported she met with Mr. Goerss and Mr. Urtel who felt, since the project
couldn't be done until spring and we may be looking at the rural center this winter, they
wanted to wait and see what happens. Dennis Treml stated he didn't have a problem
with his water and wasn't in favor of the project.
The purpose of this report was to provide the council and property owners with
information. There is no action of the council being requested. If either the city council
or the property owners want to go forward with the next step would be to order
preparation of a feasibility report.
B. Annette Pierre - 15th Street drainage concerns
At the September 6, 1994 council meeting during the discussion of the Armstrong
Conditional Use Permit, Annette Pierre expressed concern for present drainage as well
as increased drainage from a third storage building on the Armstrong property. On
September 29, Bohrer visited with Ms. Pierre, viewed the property and roadway ditch
drainage and viewed the drainage patterns on the Armstrong property. His findings are
listed in his memo to the council, dated September 30, 1994, Bohrer's conclusion was
that the periodic and seasonal water problems experienced at the Pierre property are
related to the fluctuation in the underground water table. The problems do not seem to
be from direct runoff of storm water. The surface drainage in the area cannot be
improved without lowering the private ditch through the Bode property. The
construction of the third storage building on the Armstrong property will drain away from
this area and will not increase the problem.
Bohrer indicated the best the city could do, which is a substantial project, start at the
bottom end of the ditch system which is fairly close to 10th Street and work our way up.
There was no action required of the council.
Councilman Johnson asked the Building Official if Washington County had been issued
a grading and excavation permit for the 10th Street project. The Building Official
responded he didn't think so, but will look into this..
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1994
C. 39th Street and Highway 5 and Lake Elmo Avenue -Street Light Request
The City previously received a request for the installation of street lights on 39th Street
at the intersections of Lake Elmo Avenue and Laverne Avenue. Bohrer has contacted
NSP who said there is no underground electric installed yet in 39th Street. They
usually do not install the cables in advance of development to avoid splices for
individual services. The Lake Elmo Bank building is served from TH5.
There is a possibility of extending power north from Laverne Avenue and from Lake
Elmo Avenue just for these street lights. Ron Helfman, NSP, will calculate the cost and
see if that can be absorbed by NSP or if there will be a charge to the city.
Mr. Helfman also responded to our inquiry about a'street lighting system for the entire
area bounded by TH5, 39th Street, and Lake Elmo Avenue. He said the city would
have to provide a map of requested locations before they could calculate the cost. NSP
is not interested in choosing the location.
M/S/P John/Johnson - direct the city engineer to prepare a map of street light locations
to provide street lighting coverage to NSP over the area requested and arrive at an
estimate. (Motion passed 5-0).
D. Response to VBWD Plan Amendment (Informational Item)
Larry Bohrer provided his response to the Valley Branch Watershed Management Plan
that he prepared after discussing this with the City Council on September 6, 1994.
8. CITY ATTORNEY'S REPORT:
A. Alleged Code Violations and Open Meeting Violations
Attorney Filla has spoken to a representative from the League of Cities and a
representative from the Attorney General's office. The County Attorney is not
interested in pursuing the investigation in this matter. The Attorney General's office
does not feel it is within their jurisdiction and suggested that he recommend another
prosecutor. Filla recommended Thomas Hughes be appointed to investigate this
matter. Filla has spoken briefly to Sgt. Swanson, Washington County Sheriff's Dept.,
and he indicates their office would also provide some investigating help.
In answer to Council member Johnston's question if the cost of this investigation would
be covered by insurance, Filla responded this is a complaint that there have been some
violation of city ordinances and he didn't think it would be covered by insurance.
Councilman Mottaz asked the city attorney if anyone on the council is mentioned in this
complaint, can they vote against the investigation? Attorney Filla thought it would be
better, because of the way In which the complaint. is phrased, to abstain from voting if
you are named in the complaint if there is a motion. Mottaz stated since he is the only
one that can second the motion, he made the following motion:
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1994 7
M/S/ Mottaz/ Mottaz - that the city go ahead with the investigation
Mayor John noted that the motion failed for lack of a seconder. However, if it needs a
seconder, John second the motion in order to get this discussion closed.
M/S/ Mottaz/John - that the city go ahead with the investigation.
Councilman Johnson pointed out if you are not allowed to vote you are not allowed to
second the motion. Therefore, Mayor John stated the motion failed for lack of a
seconder because he cannot vote on it.
Councilman Mottaz asked for a copy of the video and audio tape of tonight's
proceedings.
B. Update on Dan Burgess' alleged code violations
Attorney Filla reported he appeared on the Burgess case about two weeks ago. On
Friday he was served with a motion for a dismissal based upon selective enforcement
of city regulations and provided with a list of 10-12 parcels which the defendant was
claiming involved in operations of commercial business on residential property. The
purpose of this motion was to have a hearing to determine if there had been selective
enforcement, if so whether the city could proceed with the matter that was on the
calendar. This matter was put back on the pretrial calendar for a hearing on that issue
alone which is scheduled for November 10, 1994.
C. Junker Landfill update
Attorney Filla talked to the Wisconsin DNR and the engineer for the Junker Landfill
organization group and the request is If we were to join the organization at this time, the
payment would be $5,000 and additional payments as costs were incurred. There was
no guarantee how high those fees would go or for what length of time this investigation
would take. Filla recommended the city not join this organization until it is determined
what the scope of the city's exposure is.
9. CITY COUNCIL REPORTS:
Mayor John reported on September 24 he attended the Washington County
Comprehensive Plan workshop at the Stillwater Senior High School along with
Councilor Johnston. Presentations covered land use, parks and transportation followed
by public comment.
Council members Mottaz and Johnston attended the Metropolitan Council Breakfast or
September 26 at the Lake Elmo Inn. Johnston reported the Met Council does seem to
have some concern on annexation issues, but doesn't have a well thought out position.
The townships felt they were being nibbled away by the incorporated areas. The area
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 4, 1994
which seemed to be a major concern, particularly for Cottage Grove, Woodbury and
Oakdale, was the development of adequate sewer capacity for future expansion for
those communities. They talked about a major installation in Cottage Grove area that
would solve some of those problems. Cottage Grove expressed opposition to the Grey
Cloud Island Park because it would interfere with the Industrial tax base in that area.
Mottaz added, as far as the Cottage Grove ,Woodbury addition, there was no
implication that Lake Elmo would be included in any expansion down there. During
discussion on annexation problems, a comment from Met Council staff stood out on
the Oakdale/Lake Elmo problem.
10. CITY ADMINISTRATOR'S REPORT
A. Washington County's invitation to Highway Cost Participation Meeting
The city received a letter from Washington County Public Works inviting the city to a
meeting to discuss Highway Cost Participation Policy on Monday evening, October 10.
Council members Johnson and Mottaz voiced the position "we will pay for our roads,
and you pay for yours".
B. Metropolitan Airport Commission's 1995-2001 C.I.P.
The City received a letter from M.A.C. regarding its 1995-2001 CIP. A public hearing is
scheduled for October 4 so anyone that would like to speak to the proposal should try
to attend.
The Council asked that a short review of future plans be inserted in the city newsletter
and they could come to city hall to look at proposal and react by October 27.
M/S/P Mottaz/Johnston - to adjourn the council meeting at 10:35 p.m. (Motion passed
5-0).
Mayor's Report November 1. 1994
Olson Lake .Estates Pond Update
I attended the Valley Branch Watershed District meeting on October 27 to
follow up on the letter sent to them by Chuck Dayton on our behalf. They
had received the permit from the DNR for a temporary discharge into Lake
Olson subject to six conditions. The first covered the relocation of the inlet
pipe to the northern half of the pond. This had been estimated to cost $75 to
$80K by the Oakdale City Engineer. As the VBWD had no funding for this
project, it would have to be done by Oakdale. If Oakdale refused to meet this
cost there would be no discharge.
The second condition - for the installation of a skimmer - had already been
met. The third, requiring a "No -Mow" restriction on the slopes of the Olson
Lake Estates Pond was understood to be stated to be unenforceable by the
Oakdale Council.
The fourth indicated that the permit was only valid while a temporary
easement existed - believed to be until August 13, 1995,
The fifth condition did not prevent additional conditions being applied
relating to inconsistencies relating to the original pond construction permit.
Finally, phosphorus monitoring had to be increased from monthly to
bimonthly.
Chairman Zetterburg stated that an estimate of $5,000 in consultants fees
had been made for studying other alternatives to relocating the inlet pipe.
Oakdale had not agreed to do this study as yet.
It was declared that the cost of bimonthly monitoring for phosphorus from
ice out to August 13 next year would have to be borne by Oakdale, as well as
that for the study on relocating the inlet pipe, and for its eventual relocation.
In discussing the letter from Lake Elmo, Chairman Zetterburg did not want to
remove study of the four options from the plan. He expected the reviewing
bodies to comment and reject a particular solution they found unacceptable,
or to add additional conditions. He cited the requirement to acid a bypass
duet across the south end on Lake Elmo in the 509 project, as a precedent.
They instructed their engineer to write to the reviewing bodies asking that
they pay specific attention to these proposals for the Olson Lake estates
discharge, and to comment on the solutions.
It was also stated that Lake Olson dissolved Oxygen content would be
measured just before freeze up, to determine the lake's susceptibilty to
winter fish and plant life kill.
Mr. Parkin reported that the water level of Olson lake estates pond was at
958 vs. 962 when the pond was discharged .in 1993. If the pond level
continued to increase the VBWD may have to declare an emergency to
permit them to discharge the excess water in spite of the lack of compliance
with the terms of the temporary permit.
I have since telephoned members of the DNR and PCA expressing our
concern over the proposed solutions, and that the use of a seepage/
evaporation pond within Oakdale is not considered. The report is currently
moving between different departments in the review process. It was good to
let them know of the importance of this project to Lake Elmo and the long
term health of Lake Olson, The DNR's main concern was with the well being
of the fisheries and with any recreational and aesthetic damage. The PCA are
more directly concerned with water quality.
It appears that we are dealing with a situation where the Olson Lake Estates
Pond was designed more as a flood control unit than a water quality refiner.
The latest environmental thinking and our experience with Lake Olson may
have made the pond solution inadequate. I don't know what the outcome
will be, but I aim to ensure that Lake Olson doesn't suffer more. We would
welcome more local homeowner concern to be voiced with the Valley branch,
DNR and PCA. They pay more attention to the public input rather than what
may appear to be an inter city squabble.
NOVEMBER 1, 1994 LAKE ELUTO COUNCIL IIEET114G
List of C1aim5 for Approval
1 For the period 10/23/94 to 11/01/91 10123/94
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT ?OPPOSE
DATE
NUMBER
CLAIM
NUMBER _
AMOUNT
BUSINESS RECORDS CORP.
ELECTION SUPPLIES
11/01/94
3177
63,38
100-41410-203
63.38
I.S.O. 0 834
FLYING J PUBLIC HEARING -JANITOR
11/01/94
3178
42.00
100-41910-207
42.00
LEAGUE OF MN CITIES
NOVEMBER INSURANCE PREMIUM
11/01/94
3179
3.422.90
100-41500-130
2,013.11
100-42400-130
418.11
100-43100-139
991.68
MINN. BENEFIT ASSN.
NOVEMBER INSURANCE PREMIUM
11101/91
3130
582.30
100-41600-130
72.12
100-431'10-00
510,18
ALLIED SROUP INSURANCE TRUST
NOVEMBER INSURANCE PREMIUM
11/01/91
3181
62.32
100-d1500-150
34.11
100-42400-130
15.10
100-43100-130
13.66
FOUR SEASONS SERVICES
OFFICE EXPENSE
11101/94
3182
34.60
100-41500-400
34.60
A T & T
OFFICE TELEPHONE EXPENSE
11/01/94
3183
72.13
100-41500-320
72.13
U. S. WEST
OCTOBER TELEPHONES
11101/94
3184
442.67
100-11500-320
232.89
100-42200-320
90.84
100-43100-320
59.32
100-45200-320
59.62
GENERAL SAFETY EQUIPMENT CO.
FIRE OEPT-TRUCX MAINT.
11/01/94
3185
300.10
190-42200-220
300,00
POSITIVE PROMOTIONS
FIRE PREVENTION MATERIAL
11/01/94
3186
145.85
100-42200-431
145.35
BEAR CONMUNICATION, INC.
FIRE DEPT - PORTABLE RADIO
11/01/94
3187
768.93
100-42200-430
768.98
CELLULAR ONE
FIRE DEPT CELLULAR PHONE
11101/94
3188
11.05
100-42200-320
11.06
JAMES SACHS
STATE FIRE CHIEFS CONFERENCE EXPENS
11101/94
3169
320.34
100-42209-207
320.34
'AND SACHS
STATE FIRE CHIEFS CONF.EXPENSE
11/01/94
3190
293.80
100-42200-207
293,30
J MALMQUIST
FIRE PREVENTION OPEN HOUSE EXPENSE
11/01/94
3191
63.89
100-42200-431
63.89
MICHAEL SMITE
OCTOBER ANIMAL CONTROL OFFICER
11/01/94
3192
.850.00
100-42700-110
850.00
F.X.L., INC.
ASSESSOR MONTHLY PAYMENT
11/O1/94
3193
1,300.00
100-41550-350
1,300.00
R L K ASSOCIATES, LTD
SEPTEMBER PLANNER
11/01/94
3194
2,477.75
190-41910-300
781.25
803-41910-300
1,656.50
LEONARD, STREET & OEINARD
CHARLES OAYTON-OLSON LAKE ESTATES
11/51/94
3195
100.00
307-41600-300
100.00
T.A. SCNIFSKY & SONS
MAINT DEPT MC ASPHALT
11/01/94
3196
104.80
100-43100-407
104.B0
WASHINGTON COUNTY TREAS.
AUGUST & SEPT ROAD GRADING
11/01/94
3197
255.95
100-43100-108
255.95
8UBERL LANDSCAPING
MAINT DEPT STREET SUPPLIES
11/01/94
3198
66.83
100-43100-224
If.83
BERGMAN COMPANIES, INC.
CRACKFILLING PER CONTRACT
11/01/94
3199
9,985.86
100-43100-533
9,985.36
MENARDS
MAINT& PARK DEPT SUPPLIES
11/01/94
3200
466.40
100-43100-223
171.40
100-45200-219
295.00
GOPHER SIGN CO.
SUNFISH PARK SIGNS
11/01/94
3201
96.90
100-45200-219
96.90
NORTNVIEW LANDSCAPING
SAND ETC FOR NEW PLAYGROUND EQUIP
11/01/94
3202
175.00
100-45200-219
175.00
MINNESOTA PLAYGROUND, INC.
PLAYGROUND EQUIPMENT PER BID
11/01/94
3203
17,700.d0
104-15200-530
17,700.00
TOTAL FOR MONTH
40,206.21 41,206.21
TOTAL YEAR TO DATE 40,206.21 10,206.21
Project Name:
CITY OF LAKE ELMO
MARY KUEFFNER - CITY ADMINISTRATOR
3800 LAVERNE AVE. N.
LAKE ELMO, MN 55042
Project Number:
Invoice Number:
Invoice Period:
93081
9
September, 1994
For Professional Planning and Consulting Services - Performed specifically for the City of Lake Elmo.
SUBTOTAL PROJECT ACTIVITY
SUBTOTAL MEETINGS (1)
ADDITIONAL SERVICES
TOTAL INVOICE AMOUNT(S)
�. AYMENTS RECEIVED TO DATE
CURRENT
INVOICE
V % 8/. a2S 781.25
0.00
0.00
781.25
PROJECT
TO DATE
10,055.50
1,282.50
0.00
11,338.00
10, 556.75
BALANCE OUTSTANDING 781.25 781.25
Project Name:
CITY OF LAKE ELMO
MARY KUEFFNER - CITY.ADMINISTRATOR
3800 LAVERNE AVE. N.
LAKE ELMO, MN 55042
Project Number:
93082
Invoice Number:
9
Invoice Period:
September, 1994
For Professional Planning and Consulting Services - Performed specifically for the City of Lake Elmo's developers
SUBTOTAL PROJECT ACTIVITY
SUBTOTAL MEETINGS (1)
ADDITIONAL SERVICES
TOTAL INVOICE AMOUNT(S)
PAYMENTS RECEIVED TO DATE
CURRENT PROJECT
INVOICE TO DATE
1,696.50
0.00
0.00
1,696.50
15,825.25
400.00
0.00
16,225.25
14,528.750
BALANCE OUTSTANDING 1,696.50 1,696.50
Law Offices
LEONARD, STREET AND DEINARD
Professional Association
Suite 2300
150 South Fifth Street
Minneapolis, Minnesota 55402
CONFIDENTIAL
City of Lake Elmo
3800 Laverne Avenue N.
Lake Elmo, Minnesota 55042
Attention: Mary Kueffner
Invoice Number
Invoice Date
Client Number
Matter Number
OCT t U 1994
59809
10/17/94
12370
16377
---------------------------------------------------------------------------
THIS INVOICE IS PAYABLE UPON RECEIPT
For professional services rendered through September 30, 1994
in connection with water quantity and quality of lakes
affected by discharge from Olson Lake Estates Pond:
Date Tkpr Hours Value
09/14/94 CKD Telephone conference with Mary Kueffner 0.50 97.50
regarding status and potential law suit.
TIMEKEEPER TIME SUMMARY:
Timekeeper Hours Rate Value
------------------------- -------------------- --------
Charles K. Dayton 0.50 at $195 = 97.50
TOTAL FOR PROFESSIONAL SERVICES 97.50'
TOTAL AMOUNT OF THIS INVOICE 97.50
Law offices
LEON"D, STREET AND DEINA"
Professional Association
Suite 2300
150 South Fifth Street
Minneapolis, Minnesota 55402
CONFIDENTIAL
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, Minnesota 55042
Attention: Ms. Mary Kueftner
Administrator
Invoice Number
Invoice Date
Client Number
Matter Number
OCT 1 8 1919
59808
10/17/94
12370
00001
------------------------------- r-------- =----------------------------------
THIS INVQICE IS. PAYABLE UPON RECEIPT
For professional services rendered through September 30, 1994
in connection with lobbying:
Date Tkpr ' �-
09/02/94 PAS Office conference regarding possible
annexation issues for next session.
TIMEKEEPER TIME SUMMARY:
Timekeeper Hours Rate
------------------------- --------------------
Pam A. Steckman 0.25 at $10
TOTAL FOR PROFESSIONAL SERVICES
TOTAL AMOUNT OF THIS INVOICE
Hours Value
0.25 2.50
Value
- - 2.50
2.50
2.50
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
November 1, 1994
7:00 p.m. MEETING CONVENES
Pledge of Allegiance
I.AGENDA
2. MINUTES: October 4, 1994
October 18, 1994
3. CLAIMS
4. Joni Chavez- Presentation of Benefit Proceeds to the family of Tim Jones
5. PUBLIC INFORMATIONAL/INOUIRIES:
A. Public Inquiries
B. Brian Ziegler: Minnesota Mosquito Control
C. Other
6. UNFINISHED BUSINESS:
A. Update on Potential Annexation Legislation
B. Olson Lake Estates Pond
C. Other
LAKE ELMO CITY COUNCIL AGENDA NOVEMBER 1, 1994 2
7. PLANNING/LAND USE & ZONING:
A. Hammes Mining:Proposed Ordinance to permit recycling
B. Other
8. CITY ENGINEER'S REPORT:
A. Street Lights:Location and Cost Estimate
B. Other
9. CITY ATTORNEY'S REPORT:
A. Curfew Ordinance (continuation)
B. Other
10. CITY COUNCIL REPORT
A. Mayor John
B. Council Member Conlin
C. Johnson
D. Johnston
E. Mottaz
11. CITY ADMINISTRATOR'S REPORT:
A. Other
12. ADJOURN