HomeMy WebLinkAbout06-06-95 CCMDRAFT
SPECIAL MEETING
CITY COUNCIL MINUTES
June 23, 1995
Mayor John called the meeting to order in the Council Chambers at Lake Elmo City Hall, 3800 Laverne Ave.
N.
1. Agenda.
Withdrawn - request by Wyn John for placement of a raft on Lake Jane.
M/S/P - to accept the agenda as amended. (Motion passed.)
2. REQUEST FOR PLACEMENT OF BUOYS ON LAKE JANE.
Applicant: Justin Bloyer.
The City received an application, from Justin Bloyer, to place a slalom course of buoys on Lake Jane, in front
of the Wagner property. The council received copies of the application and map drawn showing the position
of the course. The council received copies of a neighborhood petition, dated June 22, 1995, requesting
denial of the permit request.
The council took a moment to.read the Staff memo, dated June 23, 1995, prepared by Administrator
Kueffner, and handed out at the meeting. Copies of the memo were available to the public at the meeting.
Mayor John voiced Staffs recommendation that the application for a water ski slalom course be denied, for
the following reasons: The Washington County Water Surface Use Application specifically states that the
water structures must be placed between the permit holders property lines as they extend into the lake, and
Mr. Bloyer is not the owner of the property identified on the map as area #2. Additionally, based on Mr.
Bloyer's total disregard for Lake Elmo's Water Surface Use Regulations, supported by the petitions of
concerned residents.
The council heard comments from the public, and Washington County Sheriffs Dept.
M/S/P DeLapp/Hunt - to deny the application, of Justin Bloyer, for a water ski slalom course, based on
Staff recommendation. (Motion passed.)
3. DISCUSSION: WASHINGTON/RAMSEY COUNTY "LAKE JANE LANDFILL"
The council received copies of a letter, dated June 20, 1995, signed by Jim Schug, Washington County
Administrator, outlining the County's offer to the City for portions of the Lake Jane Landfill property.
Councilman Hunt asked, the City Attorney, is the motivation to settle with PCA quickly because most of the
counties want reimbursement? City Attorney Jerry Filla stated the Counties have spent a fair amount of
money over the years to install reasonable measures at the sight and in terms of the MN Landfill Clean-up Bill
are such that until PCA issues a Notice of Compliance the counties are going to continue being responsible
for those costs. Upon issuance of a Notice of Compliance two things happen - the Counties can stop
Special Meeting Minutes of the Lake Elmo City Council June 23, 1995 Page 2
spending money and can start recovering some of the costs they have already incurred, that is believed to be
the motivation of the Counties - to proceed with this as quickly as possible. PCA on the other hand would
like to get the site to a point where they can occupy it and continue on with measures beyond what the
counties have done, and from a timing stand point they have told the City they would like that beginning in
August. Mayor John stated that if they don't get compliance by October 3, it goes into next fiscal year, and
Washington County will have to meet the operational and maintenance costs of running the landfill for
another year. Mayor John asked Mr. Filla, if it was correct that all PCA wants is access to begin capping the
landfill?
Mr. Filla stated he spoke with the attorney for the PCA about some alternatives, and explained that PCA
wants access to the site; since the City has an interest in the property, it would have to consent to the access.
An alternative could be an Access and Consent to Easement and Restriction Agreement as a document
separate from the Landfill Clean -Up Agreement. This would be a document that would have the PCA and
City of Lake Elmo as parties, and we would not become a party to the Landfill Clean -Up agreement. This
maybe a possibility, and the PCA attorney will get back to him.
Mr. Filla cautioned the City - it is critical that Washington County continue to have its incentive to
talk to Lake Elmo, and if by entering into an Access and Consent to Easement and Restriction
Agreement we facilitate the issuance of notice of compliance and a take over of the site by PCA, Mr.
Filla believes the County will lose their incentive to continue dealing with us vigorously on these
issues.
Mr. Filla also discussed, with PCA's attorney, the possibility of finding a few more acres for expansion of the
Public Works site, and possibly keeping the Compost Site open through the end of its season. Expanding the
Public Works on this site did not look like a possibility, however, she will look into keeping the Compost Site
open through the fall. Mr. Filla stated they also discussed dealing with the Fire Station issue in a timely
manor.
Mayor John asked the City Engineer to present a sketch of the public works site, and how it will be affected
by this situation. City Engineer Larry Bohrer defined what uses the City has up at the Public Works now -
how the site meets our present use and how it might not meet it in the future. Mr. Bohrer presented a map
showing the existing masonry -earth shelter Public Works maintenance building, metal cold storage building,
parking lot and driveway access, septic system (west side of parking area), piles of. street sweepings, top
soil, seal -coat aggregate, natural and limestone gravels; outside storage which consists of culverts, large "V"-
plow, etc., and a dirt road used to gain access to the park. This site, as we use it, is not fully usable because
of the attributes that the site has, and that is why we chose it, for example the wooded area which screens the
site from the road, the topography which allowed the building to be set into the hill a little bit, a fairly steep
slope on the north side. The red area is the area that the County proposes to leave the City with -
approximately 300 x 600, or 3.9 acres that we would be left with. The problem is that we would have to
consolidate what's used outside - inside the red circle. There might be room, but we would have to occupy
"this" space which serves a function - a screening function. It looks like the park road access would no
longer be available to us - we would have to find another way to get to the very east side. The driveway is
not usable - that would have to be re -located, and it sounds like they might not even allow an expansion of
the building even on the 3.9 acres left.
Special Meeting Minutes of the Lake Elmo City Council June 23, 1995 Page 3
City Attorney Fills, reminded the council that if they proceed with this agreement, as proposed by the PCA
and the County, that what mechanically will occur is that the City would convey its interest to the County,
the County would then record permanent easements against the maintenance site and the park site, they
would record restrictive covenants against the maintenance site and the park site, and then they would
convey those two property sites back to the City subject to those easements and restrictions. Those
easements and restrictions then are what effectively prohibit any future expansion or construction on those
sites.
City Engineer Bohrer presented a sketch plan of how the maintenance area could be re -configured to allow
for the change, a three bay expansion onto the side - perhaps one bay for growth of public works, and two
bays to replace the lost Fire Station. There would be a relocation of the driveway out the north side, and the
parking lot would remain about the same. Soon we will have to have a building to protect the salt for
environmental reasons, so drew a 30 x 50 shed with access on the south side. The five different types of
materials used for various reasons (gravels, top soils, etc.) are shown with 50 foot diameter circles to
represent the piles plus working room around the piles. Again, on this site, Mr. Bohrer counted "this" as not
being usable because it would destroy the very reason that was left alone in the first place, for screen and
buffer. So this whole site shown in red, as Mr. Bohrer now defined it, is 5.5 acres. Mr. Bohrer stated that if
you have a sight that does not have the topographic limitations, or a need for a buffer or a screen, then a five
acre site might work for a fairly long time. However, Mr. Bohrer stated the loss of utility for the site means
that the City cannot replace the Fire Dept. on this site, and can't expand the site, although does not know if
the City be able to build a salt -sand shed.
The Council discussed the possibility of relocating the Public Works Dept. elsewhere and using the existing
public works building for the fire dept., but felt the topography would be too difficult for emergency vehicles.
The council also discussed the area needed for composting - a buffer area will be necessary, and room for
heavy equipment, as well as a location nearby the heavy equipment.
Mayor John asked the City Attorney if there was any legal precedence the City could use for getting better
compensation from the County? Mr. Fills, explained that this is an action the PCA is involved in; the County
may start condemnation proceedings, if they do, they will have to pay the City for the value of the property
taken, however, the property taken will be part of the landfill area, and the worth of the landfill area nd what
the damage to the remainder of the property as a result of that taken will have to be determined. None of this
analysis involves compensation for any buildings on the site, except for the Fire Station. Mr. Filla stated it
is his opinion that the City is better off trying to deal with this issue through negotiation, rather than
in Court.
Mayor John prepared and handed out a copy of estimated replacement values of the Maintenance and
Compost area. The council deliberated the estimates.
M/S/P Hunt/John - to direct the City Administrator to prepare a letter stating the City's replacement values,
the basis for those values, and reason for wanting to continue to use that site, and send it to Washington
County. The council agreed that if the reimbursement request is not acceptable to the County, then the city
would be willing to enter into binding arbitration. (Motion passed.)
The meeting was adjourn.
June 23, 1995
To: Mayor and City Council
From: Mary Kueffner, City Administrator
Re: Justin Bloyer's Water Ski Slalom Course Permit Application
At the June 20, 1995, City Council meeting, Justin Bloyer presented a sketch plan
showing three potential sites for a Water Ski Slalom Course. After discussion of the
three locations, Justin specifically asked that the City Council consider a slalom ski
course permit for area labeled "I" Justin Bloyer is not the owner of the property
adjacent to "Area 2'"; therefore, the conditions set forth in the Washington County
Water Surface Use Application (3) "Structure must be placed between the permit
holder's property lines as they extend into the lake" cannot be met.
Additionally, based on Mr. Bloyer's total disregard for Lake Ehno's Water Surface
Use regulations, supported by the petitions and concerned residents before you, staff
recommends that Mr. Bloyer's application for a Water Ski Slalom Course be denied.
If the Council responds favorably to this recommendation, I hope it emphasizes to the
public that permits of this sort are a privilege, not a right. We have an obligation to
protect the health, safety and welfare of all of our residents, and abuse of our Water
Surface regulations, or any other regulation adopted for the common good of Lake
Elmo residents cannot and will not be tolerated.
WASHINGTON COUNTY James R. Schug
OFFICE OF ADMINISTRATION County Administrator
GOVERNMENT CENTER Virginia Erdahl
14900 61ST STREET NORTH • STILLWATER, MINNESOTA 55082-0006 Deputy Administrator
612-430-6000 Facsimile Machine 612.430-6017
June 20, 1995
Mary Kueffner, City Administrator
Lake Elmo City Hall
3800 Laverne Avenue North
Lake Elmo, MN 55042
.. D,.ear Mary:
RE: Lake Jane Landfill Property
As a follow-up to our meeting on June 12, 1 would like to clarify the County's
position with respect to the resolution of the Lake Jane Landfill land issue.
As I noted during.our meeting, the County is very interested in having this matter
resolved so that the Lake Jane Landfill clean-up process can be transferred to the
( jurisdiction of the Minnesota Pollution Control Agency. Toward that end, the County
is prepared to offer the city of Lake Elmo the following:
1. The city of Lake Elmo would take title to the approximate 4.4
acres on which the city's maintenance building is currently
located, subject to the use restrictions contained in the
agreement with the MPCA and the counties as it relates to the
takeover of the site by the MPCA.
2. The city of Lake Elmo would also take title to the land that is
currently designated for expansion of Sunfish Park,
approximately 41.5 acres, subject to the use restrictions
contained in the agreement with the MPCA and the counties
as it relates to the takeover of the site by the MPCA. The
boundaries of this parcel will be clarified on the maps that we
have been using as reference.
3. Washington County will make a payment to the city of Lake
Elmo of $150,000 as:
A. Reimbursement for payments made by Lake Elmo
to Washington County for the Lake Jane Landfill
land.
Penrod a P. d,d Pop« EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
Low
Ms. Mary Kueffner
Page 2
June 20, 1995
B. Reimbursement of Lake Elmo's out-of-pocket
expenses for the improvements to the fire station
building and compost site.
C. Compensation for the restricted use of the
maintenance building site necessitated by the Lake
Jane Landfill clean-up process and MPCA
agreement with the counties.
4. Title of the landfill area will be transferred to the Minnesota
Pollution Control Agency.
r5. Washington County has no future responsibility for the site on
which the maintenance building is located, nor the park land
that is being transferred to the city of Lake Elmo.
6. It is agreed that the city of Lake Elmo is not responsible for the
removal of the fire station building.
7. It is understood that the site on which the maintenance
building is located can be sold or leased in the future, subject
only to the restrictions on the property as designated by the
MPCA or by applicable zoning ordinances.
As I noted during our meeting, I would be very happy to meet with you and
representatives of the city council to discuss this matter further and attempt to reach
an agreement so that the process of transfer to the MPCA can occur as soon as
possible. The County believes that time is of the essence in this matter and that it is
a good opportunity not only for the residents of the County, but in particular, the
residents of the city of Lake Elmo. We hope that you will be receptive to this
proposal
Sincerely.
);-1-
James R. Schug
County Administrator
/le
Lake Elmo Maintenance and mpost
`is
ReplacementValues
Assumptions:
1. Building cost escalation factor of 1.6 from time of maintenance building
construction to present day.
2. Land Cast based on market value of $4,000 per acre
Relocation to a 15 acre site.
Original Maintenance building cost : $194,000
Replacement Maintenance building = $194,000 x 1.6 $310,400
Additional bay for Fire Hail at 20% of building cost $62,000
15 acre site $60,000
Total for 15 acre site $432,400
Replacement Maintenance site
Replace original site of 110 acres less 41.5 acre parkland $274,000
Replacement Maintenance building and Fire Hall $372,400
Total site (with parkland retained) $646,400
Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City Council on
each agenda item in advance; and decisions are based on this information and experiences. In
addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to Appear
Before the City Council" form; or, if you came late, raise your hand to be recognized. Comments
that are pertinent are appreciated. Items may be continued to a future meeting if additional time is
needed before a decision can be made.
AGENDA
LAKE ELMO CITY COUNCIL MEETING
June 20,1995
7:00 p.m. Meetine Convenes
Pledge of Allegiance
1. Agenda
2. Minutes: June 6,1995
3. Claims
4. Public Informational
A. Sergeant Gary Swanson, Washington County Sheriff's Dept.
regarding new Juvenile Program in Cimarron Park and
staff changes.
B. Request from James Jungmann, Lake Jane Trail for variance
to no parking regulations on June 24, 1995.
C. Renee Leone, Minnesota Land Trust
D. Other
5.Old Business
A. Update on negotiations with Washington County on Landfill Park
B. Options to resolve late council meetings
C. Outstanding Citizen Awards
D. Other
6. Planning, Land Use & Zoning
A. CASE NO. CPA/95-20 & ZAM/95-21Comprehensive Plan
Amendment and Rezoning ISD #622 Elementary/Middle School
Oakdale/Lake Elmo
B. Public Hearing: Sanitary Sewer Improvements in Section 33
C. CASE NO. ZAM/95-18 Rezoning from RR to RE
Royal Oaks Realty
D. Ordinance amending width of driveways
E. Ordinance amending length of cul-de-sacs
F. Lot Line Adjustment, 10174 Stillwater Lane, Robert Taverna
G. Other
7. City Eneineer's Report
(over)
SPECIAL LAKE ELMO CITY COUNCIL MEETING
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
LAKE ELMO ELECTED OFFICIALS WILL BE ATTENDING THE LEAGUE OF
MINNESOTA CITIES 1995 ANNUAL CONFERENCE ON JUNE 13-16, 1995
AT THE HOLIDAY INN DULUTH IN DULUTH, MINNESOTA.
Sharon Lumby
Deputy City Clerk
Mayor Wyn John
City Council Members
City of Lake Elmo
Lake Elmo, MN 55042
8991 Jane Road North
Lake Elmo, MN 55042
June 6, 1995
Re: Road Assessments for Jane Rd. No. and Jamaca Ave.
Dear Mayor and Council Members:
We own the property located in the Northwest corner of Jane Rd. No. and Jamaca
Ave. We are concerned about proposed road assessments for the following reasons:
1. It is our understanding that the owners of the property located to the north of
Joe Kiesling will not be assessed, These people have to drive on Jane Rd.
No. in order to reach and use their property.
2. It is our understanding that Moens and Huots, who both have buildings on
their lots, will not be assessed. Iiuots drive to their property frequently.
Each building can very easily be used as a shelter.
Our property is located directly across the street from our home. We do not
drive to the property in order to use it. We do not have any buildings
on the property. We only have a tennis court.
It has been. argued in the past that we must pay the assessments because the lot is
a buildable lot. This is true only if we tear down the tennis court! As it presently exists,
it is no more buildable than these other lots.
We believe in paying our fair share. However, in order to do this the
assessments must be fair for all residents.
Thank you for taking the time to address our concerns.
Sincerely,
Robert and Sue Horning
CITY OF LAKE ELMO ,/., ,et,
REQUEST TO APPEAR BEFORE THE CITY COUNCIL e
OR PLANNING COMMISSION
If you wish l address the City Council or Planning Commission lease follow the suggestions
below: (Please Print)11 p
T_ ggestions listed
Agenda Item or Subiect
Individual Representing
NOTES Please complete this form so that you may be recognized at the appropriate
ime on the
Agenda. You are under no obligation to s y
state your full name and address so that the recou
if
Of this meeting. ord of your comments will be complete t
peak decide against it during the meeting. Please
in them nuts
leased that you are taking this means of participating in your City
Nelcome to this meeting.
We are p our viewpoints and concerns.
3overnment. On agenda items, the ommission may not be able to take public comments on all
However, the Council
imeeting.Planning you wish to be heard:
issues or at any g
Raise your hand. public comment, you will be recognized.
If the Mayor or Chairman can accept
2. When recognized by the Mayor or Chairman, state your name and
address.
3. State your positions and reasons as concisely as possible.
If you cannot be recognized, and still have concerns, please call the City Administrator, Mary
Kueffner, at 777-5510 during regular office hours.
URS•
J994 COUNCIL MEMBERS:
Wyn John, Mayor
Rita Conlin
Richard Johnson
Jess MOdaz
Karen Johnston
CITY HALL ADDRESS, PHONE & HO
Lake Elmo City Office 777-5510
3800 Laverne Avenue N. 8 am - 4:30 pm
Lake Elmo, MN 55042 Mon. - Friday
LAKE ELMO CITY COUNCIL MEETING JUNE
6, 1995
List of Claims for'Approval
For the period/6102195 to
U182J95
06/02/95
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
NETRO.EMERGENCY MANAGERS ASSN.
ANNUAL ODES
06102/95
3745
25.00
101-41304-209
25.60
LEAGUE OF IN CITIES
JUNE INSURANCE PREMIUM
06/82/95
3746
4,350.08
110-41560-131
2,.941.29
100-42408-136
418.11
100-43108-130
991.68
MINK. BENEFIT ASSN.
JUNE INSURANCE PREMIUM
66192195
3741
657.93
111-41590-130
72.12
ilf-43166-130
585.81
ALLIED GROUP INSURANCE TRUST
JUNE INSURANCE PREMIUM
06102/95
3148
62.32
180-41506-138
34.17
111-42410-130
15.10
111-43160-130
13.55
AMERI-DATA
WORDPERFECT UPGRADE
16/12196
3749
94.19
161-41508-200
94.79
BINDER PRINTING CO.
BUSINESS CARDS & OFFICE SUPPLIES
/6102195
3750
287.56
111-41300-216
79.88
108-41561-216
261.68
O.M. HAWKINSON NONE IMPROVEMENTS
OFFICE REMODELING
16102/95
3751
2,981.01
411-41500-530
2,981.18
KINKO'S NATIONAL ACCOUNTS REC.
NEWSLETTER
06/02195
3752
713.55
100-41501-354
713.55
STILLWATER GAZETTE
LEGAL PUBLICATIONS
66102/95
3753
405.00
106-41560-351
415.90
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES
06102195
3754
160.42
106-41560-200
161.42
D,C. HEY CO.
COPY MACHINE MAINTENANCE & SUPPLIES
16/02/95
3756
265.29
108-41580-200
265.29
F.X.L., INC.
ASSESSOR MONTHLY PAYMENT
061/2195
3756
1,406.16
100-41550-300
1,480.10
CITY OF NORTH ST PAUL
ANIMAL CONTROL VEHICLE
06102195
3757
165,98
100-42106-415
165.10
NJ,,' `L SMITH
NAY ANIMAL CONTROL OFFICER
#6102195
3158
775.08
106-42761-110
775.00
A', . T
NAY TELEPHONE CHARGES
06/02/95
3759
48.63
104-42200-320
19.55
114-43106-328
29.08
U. S. WEST
MAY TELEPHONE SERVICE
56102196
3761
429.71
If@-41580-320
231.50
100-42206-320
87.32
100-43100-320
55.66
106-45200-321
55.23
A T & T
MAY TELEPHONE SERVICE
16/12/95
3761
89.66
100-41500-320
78.96
140-43100-329
5.30
101-45200-320
5.30
NORTHWOOD POWER EQUIPMENT
FIRE DEPT REPAIR
06/92195
3762
12.39
180-42210-220
12.39
ROAD RESCUE INC
FIRE DEPARTMENT SUPPLIES
06/02195
3763
134.26
114-42200-217
134.20
CLAREY'S SAFETY EQUIPMENT
FIRE DEPARTMENT REPLACEMENT
06//2196
3764
2,825.01
109-42200-581
2,825,00
CELLULAR ONE
FIRE DEPT CELLULAR
06132195
3765
11.06
110-42290-320
11.16
INT'L ASSN OF ARSON INVESTIGATORS
FIRE DEPT DUES
16/02/95
3166
41.00
100-42266-433
40.06
ROSEVILLE RADIO
FIRE DEPT RADIO SERVICE
16102/95
3767
18,54
100-42200-323
18.59
METRO FIRE
FIRE DEPT -NEW COMPRESSOR
06/12/95
3768
10,179.62
100-42210-580
10,179.52
ORIGINAL ENTERPRISES, INC.
FIRE STATION I BATHROOM REPAIR
06(02J95
3769
175.80
- 106-42200-411
175.60
NENARDS
FIRE BLDG REPAIR & MAINT SUPPLIES
66/02195
3771
327.21
180-42206-401
318.98
100-43100-223
16.23
SPELTZ, MIKE
1 DAY LOST WAGES -STATE FIRE SCHOOL
06182195
3171
60.00
160-42210-207
66.16
SPELTZ, JOE
1 DAY LOST WARES -STATE FIRE SCHOOL
06102195
3772
61.0/
100-42200-207
61.10
BRED MALMQUIST
1 DAY LOST WAGES -STATE FIRE SCHOOL
16102/95
3773
60.60
101-42200-207
66.00
JOHNSON, BRIAN
1 DAY LOST WAGES -STATE FIRE SCHOOL
06/12/95
3774
61.00
100-42200-207 .
61.04
DAVIS, DENISE
1 DAY LOST WAOES-STATE FIRE SCHOOL
06102195
3776
60.06
101-42200-207
60.10
Bo'" WINKELS
1 DAY LOST WAGES -STATE FIRE SCHOOL
06/02195
3776
60.00
194-42200-207
60.00
RTZ, JERRY
1 DAY LOST WAGES -STATE FIRE SCHOOL
06/02/95
3177
60.00
108-42200-207
66.14
VAN DEMNELTRAAOT, MARK
1 DAY LOST WAGES -STATE FIRE SCHOOL
06/02/95
3178
60.04
100-42200-207
66.00
LAKE ELKO FIRE DEPARTMENT
FIRE DEPT PETTY CASH REIMBURSEMENT
06/02/95
3779
85,89
180-42200-217
85.89
STILLWATER MOTOR CO
PUBLIC WORKS EQUIPMENT REPAIR
06112/95
3700
17.15
100-43100-221
17.15
R. C. TRUCKING
TIRES FROM CLEAN-UP DAYS
06/62/95
3701
3,889.41
160-43110-384
3,889.40
°ATCO PARTS & SERVICE
PUBLIC WORKS EQUIPMENT REPAIR
/6102/95
3782
47.20
100-43100-221
47.20
`.A. SCHIFSKY & SONS
PUBLIC WORKS BLACKTOP PATCHING
46/02/95
3183
92.63
100-43180-407
92.13
MINNCOR CENTRAL
REPAIR RUST ON GMC PICKUP
06102195
3784
750,00
109-43108-221
750.11
JUNE 6, 1995 - Page 2
List of Claims for
Approval
For the period 06/02/95 to
4102/95
06112/95
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
AB SAFETY SUPPLY INC
PUBLIC WORKS SUPPLIES
3785
62.04
111-43116-223
62.04
OMPOSTING CONCEPTS, INC.
TURNING COMPOST PILES
16/02/95
3786
1,165.10
111-43261-317
1,865.10
. 3. HOULE, INC.
PARKS DEPT GRASS SEED
06/12/96
3787
78.54
111-45210-219
78.54
AKE ELMO MILL AND NORSE EMPORIUM
PARK SUPPLIES
-15/02/95
3788
15.71
1A1-45210-219
15.71
ARL F. ANDERSEN, INC.
PARKS SUPPLIES
16/12/95
3789
49.40
101-46211-219
49.48
UBERL LANDSCAPING
BLACK DIRT - PARKS 5 MAINT
86/62195
3790
298.21
101-45201-219
255.60
104-43110-228
42.60
RYAN ROCK PRODUCTS
PARKS LIMEROCK -- -
16/12196
3791
1,333.18
140-45200-219
1,076.67
414-45201-219
257.51
INN. DEPT. OF HEALTH
WATER SUPPLY RENEWAL APPLICATION
06102/95
3792
15.01
661-49411-207
- . 15.10
AOUIRE IRON, INC.
WATER TOWER PAINTING PER CONTRACT
16/02/95
3793
15,275.61
611-49410-431
16,275.01
EED RITE CONTROLS, INC.
WATER FUND SUPPLIES
06//2195
3794
53.02
601-49410-216
53.12
EONARO, STREET 6 DEINARD
OLSON LAKE POND LITIGATION
16/12/95
3795
147.75
307-41600-311
L47.75
P TIME COMPUTER SERVICES
ANN 5 MARILYN-NEW COMPUTER
06/02195
3796
6,263.69
110-41506-670
6,253.69
TOTAL FOR MONTH
TOTAL YEAR TO BATE
a
67,642.46
66,376.21
61,642.46
66,315.21
MINUTES APPROVED:June 20, 1995
LAKE ELMO CITY COUNCIL MINUTES
JUNE 6, 1996
Mayor John called the meeting to order at 7:04 p.m. in the council chambers. PRESENT: Hunt, Conlin,
John, Johnston, DeLapp, City Engineer Bohrer, City Planner Terwedo, City Attorney Filla and
Administrator Kueffner.
I.AGENDA
ADD: 4E. Discussion on Washington County Landfill including Mayor John's letter, 4F. Assessments on
unimproved lots for street improvement, 7B. Status Report on Section 33 Sewer/Water Project, 7C.
Status Report on the 36th/37th Street Drainage Problem, 7D. Contracts to execute for 1995 Bituminous
Overlay Project & Cracksealing Contract, 9B. Late Council Meetings, Outstanding Citizen Award
M/S/P Johnston/DeLapp - to approve the June 6, 1995 City Council agenda as amended. (Motion
passed 5-0).
2. MINUTES: May 16, 1995
M/S/P DeLapp/Hunt - to approve the May 16, 1995 City Council minutes as amended. (Motion passed 5-
0).
MINUTES: May 24, 1995
M/S/P Conlin/Johnston - to approve the May 24, 1995 City Council Special minutes as amended.
(Motion passed 5-0).
3. CLAIMS
M/S/P Johnston/DeLapp - to approve the June 6, 1995 claims #3745 through #3796 as presented.
(Motion passed 5-0).
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries - None
B. Review Plans for Improvements on CSAH 13 (Inwood Ave.):Washington County Public Works
Don Theisen, Deputy Director, and Chris Thornton, Design Coordinator, presented a preliminary plan for
the County State Aid Highway (CSAH) 13 Safety and Pavement Project. Residents voiced their safety
concern with excessive speed and suggested having police patrol the area to deter speeders. Residents
also worried about the portion of the road that would be widened during the reconstruction. They also
contended that too many drivers use County Road 13 instead of Highway 5--a problem which could be
intensified if the proposed county comprehensive plan passes, The Council opposed the new
Washington County Comp Plan proposed to extend County Road 13 to Highway 5. The Washington
County Public Works will hold an open house for residents to discuss their concerns and ideas about the
road construction from 5 to 8 p.m. on June 28th at City Hall.
C. Letter from Dick Johnson, 8896 Lake Jane Trail regarding MAC
The City Council received a letter from Dick Johnson, MAC member, acknowledging Bill Wacker's efforts
in discovering the City was being charged by NSP (approx. $1,000 per month) for the electricity used to
power the blowers for the methane removal system that the County installed at the landfill site on
Jamaica Ave. The Finance Director has a formal written request in to NSP for a reimbursement of the
overcharges (as opposed to a credit) and the money will be credited to the Fire Department's budget.
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 1995
D. Letter from Cimarron Coalition Chair. Floyd Olson
Floyd Olson, Chair of the Cimarron Community Coalition Board, asked for permission to use the City of
Lake Elmo for a reference on a grant request for $45,000 from the Department of Economic Security with
the State of Minnesota to be used for crime prevention and youth programs.
M/S/P John/Johnston - that the City Council commends Floyd Olson on all the accomplishments of the
Cimarron Coalition and council requests a copy of the Crime Prevention Youth Grant be provided to the
City Council before a letter of support is requested. (Motion passed 5-0).
E. Washington County Landfill
Administrator Kueffner reported the Counties have made an offer to pay Lake Elmo for land
reimbursement for actual acreage needed to install the cap and the methane gas extraction system
($43,600), Fire Station #2 ($10,000), Maintenance Facility, ($75,000 and we keep it) at a total cost of
$128,000. The proposed agreement would leave public works four acres which is not enough for the
department to operate or expand. The City will receive assistance in finding another site for the compost,
but the site might not be in Lake Elmo.
Attorney Filla was not in favor of discussing negotiations in a public forum, but felt these are negotiating
items. The City has enough Information to know we can no longer use the site as intended. Lake Elmo
has viewed this as a recreational property which use no longer fits this site. The City decided to operate
efficiently and consolidate their public facilities, but with the lack of space needed on the site, the site is
no longer available for those purposes.
M/S/P Hunt/Conlin - the City Council feels they no longer have a use for maintenance and fire station
sites on SW1, and there is not a park use remaining for that site. By the boundary conditions that are
being imposed on us by the MPCA and Washington and Ramsey County, the Maintenance & Fire Dept.
is not longer a functioning unit for Lake Elmo purposes; therefore, provides us with no commercial value,
and that the Mayor, City Administrator, City Attorney, as needed, are empowered to gather Information to
bring back to the City Council for an ultimate decision. (Motion passed 5-0).
F. Assessments on Unimproved Lots for Street Improvement
The Council received a letter from Robert & Sue Horning, 8991 Jane Road N., stating their concerns
about proposed road assessments on buildable lots versus no assessments on non -buildable lots on a
lake.
Jeff Leitch, 9025 Jane Road N., stated if there has been a precedent for not assessing non -buildable lots
for road improvements that this policy be changed. The non -buildable lots are used heavily and the
street is the only access to the property. They should participate in paying a percentage of the
assessment.
The Council will discuss the benefit of a street improvement on non -buildable lots and if they should
establish another classification for an unbuildable lot that has a recreation use separate from an
unbuildable lot and request input from City assessor on how he would value property which benefit really
isn't defined as increase in the value of the property --how much of an improvement can there be shown
to an unbuildable lot that is used. When the City receives this Information, the people will be advise of
this item on the council agenda. Council member Johnston asked how were the common lots in Hidden
Bay handled when that area was overlayed? DeLapp asked how are we proposing to deal with the
common lots on the south side of Lake Jane Trail. Bohrer responded there are two parcels immediately
west of Jamaica Avenue which are not considered in our inventory of assessable lots.
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 1995 3
5. OLD BUSINESS:
A. Lake Rule Signs
Administrator Kueffner presented the Council one of the Lake Rule signs and asked if they wanted
anything changed. The Council suggested that Safe Operating Distance-100' from shore no wake
restriction should be added when the signs are redone.
6. PARKS, PLANNING LAND USE & ZONING:
A. Set date for Council/Planning Commission Meeting
The City Planner recommended a date for Council/Planning Commission Joint Meeting and to include in
the agenda concept review of cluster development proposal for the Goetschel property (Robert
Engstrom). The consensus of the Council was to review the RE cluster concept proposed by Robert
Engstrom for the Goetschel property at the Joint Council/Planning Commission meeting. The Council
wished to look at the concept before the meeting. Also, the Council asked the Planner to invite a
representative from the Minnesota Land Trust to the meeting.
M/S/P Hunt/Conlin - to set a joint meeting with the Council and Planning Commission for June 19, 1995,
7 p.m. at City Hall. (Motion passed 5: 0).
Ordinance amending Section 204.017 relating to the Annual Work plan and Joint Meeting with City
Council.
The City Planner pointed out that Section 204.017 described the Planning Commission shall meet with
the City Council at their first meeting in May of each year to develop an annual work plan. It does not
Indicate the year that this work plan will be implemented.
M/S/P John/Conlin - to adopt Ordinance 8114, as amended (Change last sentence to read "....programs
and goals for the succeeding calendar year") amending Section 204.017 (Annual Work Plan) of the 1979
Lake Elmo Municipal Code. (Motion passed 5-0).
B, Design Team Visit
The Minnesota Design Team has committed to visit Lake Elmo in September and the Council needs to
confirm a specific date for that meeting so the City, volunteers and the Design Team representatives can
begin to organize the weekend. The form for soliciting participation from our residents will be published in
the city newsletter.
M/S/P John/Hunt - to set September 28 through September 30, 1995 or, as second choice, September
21 through September 23, 1995 for the visit with the Design Team, contingent upon verification with the
Design Team. (Motion passed 5-0).
M/S/P DeLapp/Johnston - to direct the staff to include the "Volunteer Form" in the next City newsletter.
(Motion passed 5-0).
C. 1-94 Corridor Study - Work Plan
The City Planner reviewed the 1-94 Corridor Study Work Plan. The Planning Commission reviewed the
plan outlined at their May 22, 1995 meeting and recommended approval. The City Planner will contact
Planner in Woodbury to find out their plans along the 1-94 Corridor.
M/S/P Johnston/Conlin - to direct the City Planner to proceed with the Scope of Work for the 1-94 Corridor .
_ Study as outlined in her memo dated May 22, 1995, based on a favorable recommendation from the
Planning Commission. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 1995 4
D. Ordinance amending width of driveways
At the May 16, 1995 meeting, the City Council tabled adoption of the final draft of an ordinance regulating
the width of driveways to include a maximum width for driveways. The draft ordinance contains the
maximum width for driveways in residential district as 22 ft. and commercial district as 34 ft. Steve
DeLapp brought up that in the Residential Estates zoning district, the maximum driveway width at a lot
line shall be 12 feet and the maximum width at the public street shall be 18 feet and this width seems to
be working well in this zoning district. There was discussion If this driveway width provides adequate
width for emergency vehicles. Chief Sachs stated the Fire Dept.'s concerns are on height (trees), width
and strength of the driveway.
M/S/P John/DeLapp - to table the draft ordinance amending width of driveways in order for the City
Planner to review the proposed information vin relation to driveway widths in the Residential Estates
zoning district. (Motion passed 5-0).
E. Ordinance amending Length of cul-de-sacs
The Council reviewed the draft cul-de-sac ordinance prepared by the City Planner. The Council
suggested the following changes: 1. Temporary cul-de-sacs shall comply with the following standards:
The platted temporary cul-de-sacs shall be reviewed by the City Planner at least every 3 or 4 years in
order to determine if the cul-de-sac shall remain temporary. 2. Permanent cul-de-sacs shall comply with
the following standards. The Planner will check into the definition of a Local Street and the street
designation in the Comp Plan in order to keep the designation consistent.
M/S/P John/Hunt - to table the ordinance amending Section 401.380B, relating to Local Streets and
Dead -End Streets, specifically referencing the length of permanent and temporary cul-de-sacs, so that
the City Attorney and Planner can clarify concerns and develop an ordinance. (Motion passed 5-0)
F. Ordinance amending Landscape Standards
The Council received a draft ordinance prepared by the City Planner relating to Landscape Standards.
M/S/P Conlin/DeLapp - to adopt Ordinance 8115 amending Section 401.240B.4.h.(2) of the Lake Elmo
Municipal Code based on a favorable recommendation by the Planning Commission. (Motion passed 5-
0).
G. Resignations from Planning Commission
The staff has been advised that Marcus Gernes and Steve Skelton have both resigned from the Planning
Commission. These vacancies will be advertised in the next City newsletter.
M/S/P Hunt/Conlin - to accept the resignation of Marcus Gernes (full -voting member) and Steve Skelton
from the Planning Commission, and to direct the staff to send letters of appreciation to these members.
(Motion passed 5-0).
M/S/P Johnston/DeLapp - to appoint Susan Koch as a full -voting member to serve out the term of Marcus
Gernes that expires on December 31, 1997 and advertise Planning Commission vacancies in the City
newsletter. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 1995
H. Resignation from Heritage Preservation Commission
The City received a resignation letter from the Heritage Preservation Commission Chair, Susan L.
Johnson, effective June 1,1995. It was also noted that Lenore Mottaz will also be resigning from the HPC
and Gloria Knoblauch is the only remaining full -voting member. There are two alternates --Dorothy
Sherburne who spends every winter in Florida and Betty Herzfeld who had previously stated she only
wanted to act in the capacity of an alternate.
M/S/P DeLapp/Johnston - to accept the resignation of Susan L. Johnson from the Heritage Preservation
Commission and send a letter of appreciation and suspend all activities of the Heritage Preservation
Commission until such time the City Planner can review as to the best way we should proceed. (Motion
passed 5.0).
7. CITY ENGINEER'S REPORT:
A. Update on placement of signs on Upper 33rd Street
Larry Bohrer reported the best location for the signs is at the point where 33rd Street meets Lake Elmo
Avenue. Historically, there's been no sign on NW corner.
M/S/P DeLapp/Hunt - In addition to where the signs are placed now on 33rd Street, add "No Outlet Sign"
at SW corner on back of Stop sign to catch attention of people not familiar with area. (Motion passed 5-
0).
Update on gravel build-up on 15th Street
Larry Bohrer reported it was an unusual winter where a large amount of gravel was deposited on 15th
Street. The Public Works Dept, cleaned up the gravel on 15th Street and the residents seemed quite
satisfied.
B. Status Report on Section 33
Bohrer presented a Final copy of the feasibility report for the sanitary sewer and water service for SE 1/4
of Section 33. The following changes were made: DRAFT deleted from the cover, signed by Larry
Bohrer, and United Properties was changed to Northland Co. A public hearing will be called for providing
this improvement on June 20, 1995.
C. 36th/37th Street Drainage Situation
Bohrer reviewed the VBWD plan and could not find anywhere it was stated that Irwin Ave was higher;
therefore, he did not approach VBWD. Bohrer met with Dan Olinger who said the crew could do the
majority of the work and would not use concrete pipes which should be 50% less expensive.
M/S/P Hunt/John - to direct Larry Bohrer to proceed with cost estimates and the Council will make a
determination N assessments should be made, (Motion passed 5-0).
D. Contracts
Bohrer asked the Mayor to sign the cracksealing agreement with Bergman Co. and the 1995 Bituminous
Overlay Project contract.
8. CITY ATTORNEY'S REPORT: None
Since the City Council does not have time to discuss every point presented, it may appear that decisions are
preconceived. However, staff provides background information to the City Council on each agenda item in
advance; and decisions are based on this information and experiences. In addition, some items may have
been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the
City Council' form; or, if you came late, raise your hand to be recognized. Comments that are pertinent
are appreciated. Items may be continued to a future meeting if additional time is needed before a decision
can be made.
AGENDA
LAKE ELMO CITY COUNCIL MEETING
June 6,1995
7:00 p.m. Meeting Convenes
Pledge of Allegiance
1. Agenda
2. Minutes: May 16,1995
May 24,1995
3. Claims
4. Public Inquiries/Informational
A. Public Inquiries
B. Review Plans for Improvements on CSAH 13 (Inwood Ave.)
Washington County Public Works
C. Letter from Dick Johnson, 8896 Lake Jane Trail regarding MAC
D. Letter from Cimarron Coalition Chair, Floyd Olson
E. Other
5. Old Business
A. Lake Rule Signs
B. Other
6. Parks, Planning, Land Use & Zoning
A. Set date for Council/Planning Commission Meeting
B. Design Team Visit
C. I-94 Corridor Study -Work Plan
D. Ordinance amending width of driveways
E. Ordinance amending length of cul-de-sacs
F. Ordinance amending Landscape Standards
G. Resignations from Planning Commission
H Resignation from Heritage Preservation Commission
I. Other
OVER
Lake Elmo City Council Agenda
June 6, 1995
Page 2
( 7. City Engineer's Report
A. Update on placement of signs on Upper 33rd Street
Update on gravel build up on 15th Street
B. Other
8. City Attorney's Report
9. City Council Reports
A.
Mayor John
B.
Council member Conlin
C.
Council member DeLapp
D.
Council member Hunt
E.
Council member Johnston
10. Cift Administrator's Report
A. July 4,1995 meeting
B. 1994 Audit
C. Lake Elmo Fire Department - Annual Report and
discussion of relocation of Fire Station #2
D. Recommendation from Maintenance Advisory Committee
on vehicle requested by Fire Department
E. Other
11. Adjourn
2-
SPECIAL LAKE ELMO CITY COUNCIL MEETING
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
LAKE ELMO ELECTED OFFICIALS WILL BE ATTENDING THE LEAGUE OF
MINNESOTA CITIES 1995 ANNUAL CONFERENCE ON JUNE 13-16, 1995
AT THE HOLIDAY INN DULUTH IN DULUTH, MINNESOTA.
Sharon Lumby
Deputy City Clerk