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Home My WebLink About06-20-95 CCMJUNE 20, 1995 LAKE ELMO CITY COUNCIL MEETING List of Claims for Approval ( For the period 06/15/96 to 06/15195 06�15�95 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT MCMA ' MEMBERSHIP DUES 86/15J95 3797 11.00 150-41300-433 60.10 MCFOA - TREASURER MEMBERSHIP DUES 15/15195 3798 $0.10 180-41310-433 34.00 TRUOREEN-MAPLEWOOO 14635 CHEMLAWN TREATMENT -CITY HALL LAWN 06/16/95 3199 137.39 111-41510-418 137.39 HARBERG'S COUNTRY MARKET OFFICE BLDG MAINT SUPPLIES 66115/95 3800 19.10 lli-41540-480 19.10 FOUR SEASONS SERVICES OFFICE BLDG SUPPLIES 06/15/95 3801 61.43 100-41510-406 61.43 D.C. HEY CO. OFFICE SUPPLIES -FAX PAPER /6/15195 3812 83.18 110-41500-208 83.18 GENERAL OFFICE PRODUCTS OFFICE SUPPLIES 06/15i95 3803 165.71 106-41510-201 155.70 AMERICAN LINEN SUPPLY OFFICE BLDG MAINT 16/15/95 3804 62.45 108-41580-400 52.46 COPY CAT PRINTING - STILLWATER OFFICE SUPPLIES 06/16195 3885 12.35 190-41609-260 12.35 ST CROIX ANIMAL SHELTER MAY ANIMAL IMPOUNDING 16/15195 3886 122.91 110-42711-418 122.90 TNT RECYCLING NAY RECYCLING 16/16/96 3817 5,345.00 100-43210-318 3,414,83 843-43201-318 1,930.17 " NORTHERN STATES POWER CO NAY UTILITIES 06/15/95 3808 1,795.63 101-41501-380 360,79 - 100-42210-380 108.31 100-43100-380 139.90 111-43161-386 176.89 118.45214-380 146.32 611-49410-380 439.95. 682-49455-380 23.47 TKOA APRIL ENGINEERING 16/15/95 3889 6,428.35 110-41930-300 1,332.25 412-41936-300 4,918.39 063-4193E-300 177.71 PETERSON FRAM & BERGMAN MAY LEGAL 66/15195 3810 5,620.50 100-41619-311 5,298.41 803-41608-300 322.10 TAUT6ES REOPATH 6 CO 1994 AUDIT 06/15/95 3811 15,451.06 108-41530-300 13.,250.16 402-41530-310 960.81 601-41530-300 910.19 602-41530-301 411.00 METRO FIRE FIRE DEPT SUPPLIES /6/15195 3812 154.54 101-42210-217 164.64 OSWALD FIRE HOSE FIRE DEPT SUPPLIES 06/15/95 3813 163.80 100-42200-217 163.80 LAKE ELMO OIL MAY FUEL PURCHASES 46115195 3014 2&2.56 191-42200-212 219.81 100-42400-331 38.71 111-45260-221 4.06 ELMO'S LUMBER & PLYWOOD FIRE & PARKS SUPPLIES /6/15196 3815 78.12 101-42210-441 69.90 114-46200-219 8.22 MAROMEY'S SERVICE INC OFFICE & MAINT BUMPSTERS & CLEAN-UP 66/15/95 3816 7,247.67 100-41580-480 57.53 104-43101-223 57.54 101-43101-3B4 7,132.60 TRUCK UTILITIES PUBLIC WORKS - TRUCK MAINT 06116/95 3817 6.50 106-43100-221 5.51 ROSEVILLE ELECTRIC INC OFFICE.& MAINT BLDG LIGHT REPAIR 86/15195 3818 223.00 160-41500-468 73.06 100-43110-223 .160.60 MOGREN $00 FARMS, INC. PUBLIC WORKS STREET REPAIR 16115J95 3819 144.84 101-43100-224 144.84 T.A. SEHIFSKY &SONS BLACKTOP PATCHING 06/15/96 3828 213.08 146-43111-407 273.08 BERGMAN COMPANIES, INC. CRACKFILL PER AOREEMENT 06115/95 3821 9,959.20 100-43100-533 9,959.24 GLENWOOD INGLEWOOD PUBLIC WORKS MISC 06115/95 3822 10.64 100-43110-223 10.60 P"4ET PUBLIC WORKS PAGERS 16115195 3823 17.57 116-43190-320 17.57 ;Y B-T-B PUBLIC WORKS -TRUCK MAINT 66115/95 3824 164.53 111-43181-221 184.53 NAC QUEEN EQUIPMENT, INC. PUBLIC WORKS -TRUCK NAINT 06/15/95 3825 531.94 108-43100-221 531.94 G & R REBUILDING CO., INC. PUBLIC WORKS -EQUIPMENT REPAIR 05/15/95 3825 106.45 100-43100-221 166.15 FLAIL -MASTER PUBLIC WORKS -EQUIPMENT MAINT 06/15195 3827 413.25 100-43100-221 413.25 FRED'S TIRE CO. PUBLIC WORKS 6 PARKS TIRES 06/15195 3828 65.43 118-43100-221 37.43 101-45201-221 28.08 EARL F. ANDERSEN, INC. STREET SIGNS & NO OUTLET SIGNS 06115196 3829 921.60 111-43100-226 864.41 June 20, 1995 - Page 2 List of Claims for Approval For the period t6r16/95 to 06/16/95 06115195 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIN NUMBER AMOUNT 190-45200-219 57.20. OLFUS IMPLEMENT PARKS EQUIPMENT REPAIR 06115195 3830 5.18 1ee-45201-221 5.10 JIMMY'S JOHNNY'S" PARK SATELLITES 16/15/95 3831 257.87 '111-46201-386 257.87 ELLAIRE SANITATION DUMPSTER AT HILYAR'S /6115/95 3832 300.01 863-41606-400 316.11 YNETTE NEWMAN CLAIN FOR FLAT TIRE AT SUNFISH PARK 86/15/95 3833 129.45 '110-45210-219 129.05 AKDALE, CITY OF MAY WATER PURCHASED #6115/95 3834 697.20 601-49400-260 697.21 EOMARD, STREET & OEINARD OLSON LAKE POND LITIGATION 06115/95 3835 97.51 307-41680-308 97.50 TOTAL FOR MONTH' $7,644.46 67,544.46 TOTAL YEAR TO DATE 66,277.21 66,277.21 LAKE ELMO CITY COUNCIL MINUTES tf JUNE 20, 1995 Mayor John called the council meeting to order at 7:00 p.m. in the council chambers. PRESENT: Hunt, Conlin, John, Johnston, DeLapp, City Engineer Bohrer, City Planner Terwedo, City Attorney Filla and Administrator Kueffner. 1. AGENDA ADD: 4. Results of Cimarron Grant Request, 51). Assessor's comments on Non -Buildable Lots, 6G. Requests by Bloyer and John for Buoys/raft added on Lake Jane. POSTPONE 5B & 5C until the July 18 council meeting, M/S/P Johnston/Hunt -to approve the June 20, 1995 city council agenda as amended. (Motion passed 5-0). 2. MINUTES: June 6, 1995 M/S/P Hunt/Conlin - to approve the June 6,1995 City Council minutes as amended. (Motion passed 5- 0). 3. CLAIMS M/S/P DeLapp/Hunt - to approve the June 20, 1995 Claims #3797 through #3835 as presented. (Motion passed 5-0). 4. PUBLIC INFORMATIONAL: A. Sergeant Gay Swanson, Washington County Sheriff's Dept. regarding new Juvenile Program in Cimarron Park and staff changes Sgt. Swanson announced a personnel change in law enforcement for Lake Elmo. Deputy Kim Carey and her husband, Mike, are expecting their second child in December, therefore, Deputy Carey has been reassigned to the Communication Center. Deputy Wayne Johnson has been assigned as the new deputy to Lake Elmo. With the assistance from Cimarron Park and the Youth Service Bureau, Deputy Carey has developed a new Juvenile Program for juveniles who have been caught in illegal acts and will do community service work in Cimarron Park B. Request from James Jungmann, lake Jane Trail, for a variance to no parking regulations on June 24, 1995 Mr. Jungmann requested avariance to the no parking regulations on Lake Jane Trail for Saturday, June 24, because his daughter is getting married at his home, and he would like their guests to be able to park on the street without being ticketed. There is no provision in the section of the ordinance for a variance. The purpose of signing the street 'no parking" was to prevent boaters that use the DNR Access from parking their vehicles and trailers along Lake Jane Trail. M/S/P Hunt/DeLapp - to direct the staff to draft an ordinance amendment granting a variance procedure to the "No Parking Ordinance" allowing the City Administrator or designee to have the authority to issue a .temporary parking permit of residential passenger vehicles, not boat trailers, within a No Parking Zone for a period not to exceed 24 consecutive hours and bring back the ordinance under City Administrator's Report for council approval. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 1995 2 Administrator Kueff nor drafted an ordinance adding Section 1002.050 Temporary Parking permit allowing for parking of residential passenger vehicles, not boat trailers, within a No Parking zone for a period not to exceed 24 consecutive hours. WS/P John/DeLapp - to adopt Ordinance 8121, Ordinance amending Section 1002.040 Parking Prohibited of the Lake Elmo City Code and adding Section 1002.050 Temporary Parking Permit to the Lake Elmo City Code. (Motion passed 5-0). C. Renay Leone, Minnesota Land Trust Renay Leone, Executive Director of the Minnesota Land Trust, explained the MN Land Trust is a membership based, non-profit organization, dedicated to preserving open space in Minnesota. - Information on Conservation, Easements, and Cluster Housing was submitted. D. Results of Cimarron Grant Request Floyd Olson stated there is no action needed by the Council at this time, but he will fax the bill that goes with the grant before a letter is written by the City. 5. OLD BUSINESS: A. Update on negotiations with Washington County on Landfill Park Based on the meeting the Mayor and City Administrator had with representatives from Washington County in the afternoon, Mayor John presented a handout on Replacement Values for the relocation to a 15 acre site and replacement of the maintenance site. The City's request for a total of $432,400 would be the bare minimum Lake Elmo needs to relocate the maintenance building and the compost site to a 15 acre site. This figure also includes an additional bay for the Fire Hall which the City plans to build in the future. Ramsey and Washington Counties' proposed a payment to the City of $150,000 which would cover $10,000 in improvements the city made to the fire station and the costs of the compost site. Washington County Board Chair, Mary Hauser, said their money offer Is reasonable and would also reimburse Lake Elmo for the land purchased and for the restricted use of the maintenance building site. Lake Elmo disagrees with Washington County on the possible uses of the site. The City wants to vacate the site and relocate the buildings; however, the county contends that portions of the property are still valuable. According to the county's proposal, the city could own 4.4 acres for the maintenance buildings, which the MPCA has deemed safe for workers. However, the City says it needs at least 10 acres for the maintenance department to function. The additional 41.5 acres could be designated park land adjacent to Sunfish Park, The Council was not convinced that anyone can pinpoint the exact location of the fill area and are particularly concerned about the health and safety of their maintenance workers. In order for Washington and Ramsey counties to start. getting $4 million in state funds for past cleanup expenses, they must reach an agreement by June 20; otherwise, they won't be eligible for funds this year. The Minnesota Pollution Control Agency must waft for the settlement to be reached before it can take over the site to cap the fill and install a new methane gas extraction system. Councilman DeLapp asked for replacement figures for commercial land from Frank Langer, City Assessor, and invite Dan Olinger to explain the functioning of the process and Larry Bohrer to a special meeting. M/S/P HunUDeLapp - to call a special meeting for Friday, June 23,1995, 4:30 p.m., City Hall, for the purpose of discussing negotiations with Washington and Ramsey Counties on the take Jane Landfill and add a second agenda item as Other. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 1995 B. Options to resolve late council meetings (Postpone until July 18 Council meeting) l C. Outstanding Citizen Awards (Postpone until July 18 Council meeting) D. Assessor's comments on non -buildable lots This item is deferred to the July 18, 1995 meeting and a meeting notice will be sent to the affected property owners. 6. PLANNING/LAND USE & ZONING: A. CASE NO. CPA/95-20 & ZAW95-21 Comprehensive Plan Amendment and Rezoning ISD #622 Elementary/Middle School Oakdale/Lake Elmo The Planning Commission held a public hearing on this request at its June 12, 1995 meeting and approved a comprehensive plan amendmentalong with a zoning map amendment for athletic fields for a new elementary/middle school which is being built in the City of Oakdale. At the Planning Commission meeting, ThomasG. Armstrong submitted a letter regarding his request for Installing fencing around the perimeter of the site. The representatives of ATS&R Architects, representing the school district, would prefer not to place a fence around the perimeter of the site. Attorney Filla did not recommend the City attach a fence as a condition of approving the comprehensive plan amendment. If you are going to add conditions to the rezoning, it should be because you have some data indicating to you that it is a necessary condition to allow such a use reasonably in that zoning category. He has not see any data indicating a perimeter fence should be a necessary condition of the rezoning. Tom Armstrong provided pictures showing the lake which is about 60' from the propertyllne and asked I there was any way the council could address their concern for the safety of the children would be appreciated. During the Site and Plan review, the Commission can address the fence and baliflelds which have the potential of lights and bud speakers. M/S/P John/Hunt - to adopt Ordinance 8116 amending Section 301.070 0.14 (Zoning Map) of the 1979 Lake Elmo Municipal Code rezoning the described parcel ISD #622 (The west had of the Southwest quarter of the Southwest Quarter of Section 28, Township 29, Range 21, Washington County, Minnesota; excepting therefrom Parcels 1 and 6 of Washington County right-of-way Plat No. 88; subject to easements of record) from Rural Residential to Public based on the (PF) Public Facilities Zoning District designation for this parcel implements the Lake Elmo Comprehensive Plan and its policies and the (PF) Public Facilities Zoning District meets the intent of Section 301.020 of the Lake Elmo City Code because the project provides for the orderly growth and renewal for the community, subject to approval of this minor amendment by the Metropolitan Council. (Motion passed 5-0). M/S/P John/Johnston - to adopt Resolution No. 95-40 amending the Future Land Use Map of the 1990 Lake Elmo Comprehensive Plan changing the Future Land Use of the property described above for Independent School District #622 from RAD to Public (P) based on the following. findings: (1) The school and athletic facilities will serve residents of Lake Elmo since School District #622 serves the City of Lake Elmo, (2) School District #622 and Oakdale are other governmental units of government providing public facilities, (3) the (PF) Public Facilities Zoning District designation for this parcel implements the Lake Elmo Comprehensive Plan and its policies, (4) The (PF) Public Facilities Zoning District meets the Intent of Section 301.020 of the Lake Elmo City Code because the project provides for the orderly growth and renewal for the community. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 1995 4 B. PUBLIC HEARING: Sanitary Sewer Improvements in Section 33 Mayor John opened up thepublichearing at 9:20 p.m. in the council chambers. The public hearing notice was published in the June 9 & 16 Stillwater Gazette and the June 14, 1995 Stillwater Gazette Extra and the affected property owners were notified. Larry Bohrer reviewed the proposed sanitary sewer improvement project, explained the costs and assessments to benefited properties and provided a map of the location of the water main system. George Burkards, The Northland Company, stated the Northland Co. is the property owner that petitioned the city to commence the process for determining the cost of extending sanitary sewer and water improvements for the SE 1/4 of Section 33 (United Properties property). They are in preliminary stages right now and will be working with the City on a land use plan for a business park with offices, some light manufacturing, with commercial for the front portion of the property. Steve Kopesky, North Country Ski Shop, stated he was surprised to receive a notice for these improvements because he had not been notified prior to the public hearing notice. Kopesky did see a benefit, but asked what happens to the one acre of land between Crossroads and the Ski Shop. Roger Goss, 8910 Hudson Blvd. (Crossroad Collision), stated he wasn't for or against the proposal, but Indicated he just put in a $7,000 drainfield and sod last fall and wished he had known about the proposed sanitary sewer Improvements. Mayor John closed the public hearing at 9:45 p.m. M/S/P John/Johnston - to adopt Resolution. No. 95-41 Ordering Improvement and Preparation of Plans for sanitary sewer and water services for the SE 1/4 of Section 33 with upgrading the system to provide for potential expansion of the MUSA for an additional 280 acres. (Motion passed 5-0). C. CASE NO. ZAW95-18 Rezoning from RR to RE, Royal Oaks Realty On June 12, 1995, the Planning Commission held a public hearing to consider the request of Mike Black, Royal Oaks Realty, to rezone the property commonly known as the James Meehan property (78.43 acres located north of 15th Street in Section 21, west of County Road 13 and adjacent to the City of Oakdale) from RR to RE. The Planning Commission voted 5-0 in favor of approving the rezoning. Thomas G. Armstrong had submitted to the Planning Commission a letter stating he had no objection to the rezoning, subdivision plat, and the variances requested, providing the developer fence the south line of the entire parcel. The Council fell the request was not appropriate at this stage, but would be discussed at the time of the site and plan review. WS/P Johnston/DeLapp - to adopt Ordinance 8117 amending Section 301.070 C(Zoning District Map) of the 1979 Lake Elmo Municipal Code and rezoning the described parcel; Royal Oaks Realty (commonly known as the Meehan Property) That part of the South Had of the Southwest 1/4 of Section 21, Township 29N, Range 21 West, Washington County, Minnesota from Rural Residential (RR) to Residential Estates (RE) based on the following reasons: (1) This land use designation of (RED) Rural Estate density is identified on the Future Land Use Map in the Comprehensive Plan; (2) This type of residential land use has access to necessary facilities, services, and convenience to schools and areas of employment, primarily in the central business districts of St. Paul and Mpls.; (3) This type of residential land use may sustain natural environmental systems and will avoid the extension of municipal sewer outside the presently defined MUSA; (4) This land use designation creates the opportunity fora private and relaxed lifestyle; and (5) The (RE) Residential Estate Zoning District implements the policies for residential development. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 1995 5 D. Ordinance amending width of driveways WS/P Hunt/Johnston - to adopt Ordinance 8118, Ordinance amending Section 1602.070A. Width of Driveway in the Residential and Commercial Zoning Districts. (Motion passed 5-0). M/S/P Johnston/John - to adopt Ordinance 8119, Ordinance amending Section 1602.030 APPLICATION, Driveways. (Motion passed 5-0). E. Ordinance amending length of cul-de-sacs M/S/P HunttJohn - to adopt Ordinance 8120, as amended, (ADD sentence to 1 a: The City Planner shall review the status of the temporary cul-de-sac every three years.) amending Section 401.3808. of the Lake Elmo Municipal Code relating to the Length of cul-de-sacs, (Motion passed 5-0). F. Lot Line Adjustment, 10174 Stillwater Lane, Robert Tavema Robert Taverna, 10174 Stillwater Lane, will be requesting a lot line adjustment to correct a sideyard setback concern. Two different drawings accomplishing this lot line adjustment were offered for Council direction. The Council preferred Option 1 which would result in parcels with straight property lines. . G. Request for placement of buoys on Lake Jane:Justin Bloyer Justin Bloyer, 8881 Jane Rd N., has applied for a permit to place buoys for a slalom ski course on Lake Jane in order to practice for regional and national competition. The Washington County Sheriff's Dept. has been contacted and Deputy Mark Caroon has approved the permit. Attorney Filla pointed out the Washington County's water surface use application with the stated conditions is not appropriate for a slalom course. He would not recommend City approval of a permit that the applicant cannot comply with. Filla suggested a detailed diagram be submitted showing the number and location of buoys, outline dimension of course and distance from shore and dock, and assurance this course will be in compliance with the city and county water surface use ordinance. The Council raised the following questions: Are these annual permits and renewable every year and is the "shore" a specific location or does it depend on the high water mark. M/S/P Hunt/Conlin - to postpone consideration of Justin Bloyer's application for placement of buoys for a slalom course until the June 23, 1993 special meeting, 4:30 p.m., the first agenda Item, in order to receive a more detailed diagram of the slalom course and receive clarification on procedure from the Washington County Sheriff's Dept. (Motion passed 5-0), WS/P HunUJohnston - to direct the staff to design a Lake Elmo permit application for placement of a raft, buoy(s) or other structures on the waters of this City including the requirement of a drawing be submitted showing location, number of buoys or rafts. (Motion passed 5-0). Request for placement of raft on Lake Jane: Wyn John Wyn John, 8883 Jane Rd N., has applied for permission to locate a swim raft 1 00'from shore of Lake Jane at a point opposite to his boat dock. Mr. John removed himself from the council and sat in the audience as the applicant. Council member Johnston chaired the meeting. Mark Caroon, Washington County Deputy, had no problem with the application and approved the permit. M/S/P HunUDeLapp - to postpone consideration of Wyn John's application for placement of a raft until the June 23, 1994 special council meeting, 4:30 p.m., as the second agenda item, in order to receive a diagram of location of raft and clarification on procedure from Washington County Sheriff's Dept. (Motion passed 5-0), LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 1995 7, CITY ENGINEER'S REPORT: None 8. CITY ATTORNEY'S REPORT: A. Hammes Mining The League of Minnesota Cities will be defending the City on the Hammes Sand & Gravel lawsuit. B. Form of Litigation, Outside Storage Issues The City has had problems with people who maintain their sites as a nuisance and the question raised was how should we proceed with those individuals. Fills. wanted to talk to the Council before he commences civil litigation, because based on experience on current violations of this type, the City has found the criminal process does not work. He has drafted a sample complaint that could be used which declares a property to be a public nuisance and the property owner will be notified and given 5 days to comply. If the property owner does not comply, a complaint would be filed. The Council was in favor of adopting the resolution provided. WS/P Hunt/DeLapp - to adopt Resolution 95.43 declaring that the presence of the described items on the exterior of the home, located at 8085 Hill Trail N., is a public nuisance and hereby orders the property owner to abate all public nuisances on the property pursuant to Lake Elmo Code Section 1501.060 within five days of service of a copy of this Resolution, (Motion passed 5-0). 9. QITY COUNCIL REPORTS: Mayor John reported on the Minnesota League Conference he attended in Duluth, MN. 10. CITY ADMINISTRATOR'S REPORT: A. Resolution 95-42 Joint Powers Agreement for Dakota County Consortium (Includes Washington County) The City received a letter from Nathas Marsten, Special Projects Coordinator, Washington County Housing and Redevelopment Authority, requesting the City to enter into the Joint Powers Agreement in order to be eligible to receive HOME Funds in their community. This year's Joint Powers Agreement will remain eligible for three years; therefore, this issue will not arise again until 1998. M/S/P Johnston/John - to adopt Resolution No. 95-42 Authorizing the execution of a Joint Powers Consortium Agreement and direct the Mayor and City Administrator to sign the Joint Powers Agreement. (Motion passed 5-0). s. Job Training Service:Summer help through Washington County Washington County Job Training Center is funding the 1995 Summer Youth Employment Program with approximate dates for employment from June 15 through September 1, 1995. The youth will be, paid the state minimum wage of $4.25 per hour and will be eligible to work 8 hours per day with a maximum of 40 hours per week. Michelle Pye, a Stillwater resident and college student at St. Kates was referred to the City, interviewed, and is qualified to fill the job of Office Aide. M/S/P Conlin/Hunt - to hire Michelle Pye, 1120 Curve Crest Blvd. W., Stillwater, at $4.26 per hour, 40 hours per week, from June 19-September 1, 1995 funded through the Washington County Job Training Center, 1995 Summer Youth Employment Program. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 1995 C. Bids for Chipper. Maintenance Foreman, Dan Olinger, responded to the Bid Invitation for a 1982 Lindig, Model XR-16 Brush Chipper with a 4 cylinder Ford Diesel Engine and one extra set of blades offered by Norther States Power Company. Dan visited St. Cloud on June 13,1995 to look at the chippers being sold. Since there was a deadline of June 15 for submitting bids, the City Administrator told Dan to submit a bid of $3,275 for the chipper. If the Council does not approve the expenditure, the bid can be withdrawn. WS/P Hunt/John - to authorize the purchase of a 1982 Lindig, Model XR-16 Brush Chipper with a 4 cylinder Ford Diesel Engine and one extra set of blades for the bid price of $3,275. (Motion passed 4- 1:Conlin:ln view of loosing the compost pile; we should save the money and be more efficient with city staff and see what happens with the grant application). D. Volunteers for Steering Committee for Minnesota Design Team Visit Mayor John and Council member DeLapp volunteered to serve on the Steering Committee. Councilman Hunt volunteered for short-term, well defined tasks. WS/P HunttConlin - to adjourn the council meeting at 11:45 p.m' (Motion passed 5-0). STATE OF MINNESOTA COUNTY OF WASHINGTON The City of Lake Elmo, a municipal corporation and political subdivision of the State of Minnesota, Vs. Daniel Burgess, Plaintiff, Defendant. DISTRICT COURT TENTH JUDICIAL DISTRICT COURT FILE NO, CASE TYPE: INJUNCTION COMPLAINT Plaintiff, for its complaint against Defendant hereby states and alleges as follows: 1. Plaintiff, the City of Lake Elmo, is a municipal corporation and political subdivision under the laws of the State of Minnesota. The offices of the Plaintiff are located at 3800 Laverne Avenue North, Lake Elmo, Minnesota 55042. Defendant is the record fee owner of property (the "Subject Property") located in the City of Lake Elmo, County of Washington, known as 8085 Hill Trail North, Lake Elmo, Minnesota, and legally described as follows: COUNT I - ORDINANCE VIOLATIONS 2. The Lake. Elmo City Council, acting pursuant to authority granted it by the statutes of the State of Minnesota has duly adopted certain regulations governing the use of property within the City of Lake Elmo. Such regulations are contained in the Lake 1 Elmo Code. 3. The Subject Property is located in a R-1 Zone pursuant to the relevant provisions of the Lake Elmo Zoning Code, The use of the Subject Property by the Defendant constitutes a public nuisance, and is also in violation of certain provisions of the Zoning Code, by virtue of, but is not necessarily limited to, his failure to maintain improvements, and the exterior storage of certain items. These items include: A. Miscellaneous unlicensed and\or inoperable vehicles; S. Miscellaneous auto parts; C. Junk and debris. 4. The presence of these items are in violation of the following sections of the Lake Elmo City Code: A. 801.050; H. 1501.020(G); C. 1502.030; D. 1503.020; and E. 1503.040(E) and (J) Copies of the relevant sections of the Lake Elmo City, Code are contained in the Appendix to this Complaint. 5. The uses of the Subject Property by the Defendant described above are contitiujug violations of the Lake Al- City mo Code. 6. The Defendant has been directed and requested by the Plaintiff to discontinue the use of the Subject Property described above and/or otherwise abate the conditions on the Subject Property E which are in violation of the Code. Despite such direction and { request, the violating conditions continue to exist. Specifically, the City Council, pursuant to section 1501.060 of the City Code has passed a resolution directing remedial action within five days of service of a copy of the resolution. Said resolution has been served and five days have passed with no response by the Defendant. A copy of said resolution and copies ®f the affidavits of service are attached hereto as Exhibit A. COUNT II - STATUTORY VIOLATIONS 7. Plaintiff restates and realleges the matters set forth in the preceding sections. 8. The use of the Subject Property described above constitutes a public nuisance pursuant to Minn. Stat. 5561 and applicable case law. 9. The Plaintiff believes that the use of the Subject Property referred to above by the Defendant will be allowed to continue unless, by order of a Court of competent jurisdiction, they are prohibited from doing so. 10. Plaintiff has no adequate remedy at law. COUNT III. - HOLE OCCUPATION 11. Plaintiff restates and realleges all --of the allegations contained in the preceding sections. 12. Section 310.040, 65. of the bake Elmo City Code defines home occupations. A copy of said section is contained in the Appendix to this Complaint. Home occupations are allowed in an R-1 Zone. l 3 13. The Defendant is engaged in the business of acquiring used automobiles, salvaging certain parts therefrom and selling them from the Subject Property. This activity is not a permitted home occupation and constitutes a violation of the City's regulations concerning home occupations by, in among other ways, not being conducted within the dwelling unit. COUNT IV. - JUNK YARD. 14. Plaintiff restates and realleges all of the allegations contained in the preceding sections. 15. Section 310.040, 68, of the Lake Elmo City Code defines "Junk yards". A copy of said section is contained in the Appendix .to this Complaint. 16. The Defendant is maintaining a junk yard at the subject Property. Junk Yards are not a permitted use in an R-I Zone, and accordingly the Defendant's use of the Property is in violation of the City's regulations. , the Plaintiff requests the judgement and decree of this Court as follows: 1. for an Order prohibiting and enjoining the Defendant from using the Subject Property in any manner which violates the Lake Elmo Code (or other applicable law) or from otherwise permitting the use of tiro Subjc�ot Pxcpert;y to constitute a nuisance; directing the abatement of said use; and assessing the cost thereof against the Subject Property in conformance with Section 1501.070 of the City Code. 4 JGv t i ; rt I tK.�V.N rKa17 �txcDt �.v o-zu-a� J • ZJr!l ; rC i CRJV.i r:c.-te ocnUMA-o 1 � oao u r t_ 2. For such other and further relief as the Court may deem ( just and equitable, including an award to Plaintiff of its attorney's fees and costs incurred in the maintenance of this proceeding. Dated this day of 1995. PETERSON? TRAM & BERGMAN Professional Association John Michael Miller, #7326X Jerome P. pillar #29166 Attorney for Plaintiff 50 East Fifth Street, #300 St. Paul, 14N 55101 (612) 291-8955 AC=0WLyDQ MEHT The undersigned hereby acknowledges that costs, disbursements, and attorney and witness fees may be awarded pursuant to Minn. Stat. Sec. 549.21, Subd. 2, to the Party against whom the allegations in this pleading are asserted. Dated: b/J/burgest.com Jahn Michael Miller 5 ******************************************************** THE LAKE ELMO CITY COUNCIL HAS CANCELED THEIR JULY 4,1995 CITY COUNCIL MEETING. THE NEXT REGULARLY SCHEDULED COUNCIL MEETING WILL BE J U LY 189 1995 ********************************************************