HomeMy WebLinkAbout07-18-95 CCMMINUTES APPROVED: August 1, 1995
LAKE ELMO CITY COUNCIL MINUTES
JULY 18, 1995
6:00 p.m. Finance Department:Discussion with Auditors and Finance Director on the 1994 Annual
Financial Report and Management Report and Recommendations
Mayor John called the council meeting to order at 7:04 p.m. in the council chambers. PRESENT: Hunt,
Conlin, John, Johnston, DeLapp, City Planner Terwedo, City Engineer Bohrer, City Attorney Filla and
Administrator Kueffner.
I.AGENDA
ADD: Water Levels on Lake Elmo, Lake Jane, DeMontreville and Olson, EXECUTIVE SESSION:Status
of Hammes Sand & Gravel Lawsuit; DELETE: 4C. postponed to August 1st council meeting
M/S/P Johnston/Hunt - to approve the July 18, 1995 city council agenda as amended. (Motion passed 5-
0).
2. MINUTES: June 20, 1996
M/S/P Conlin/Johnston - to approve the June 20, 1995 City Council minutes as amended. (Motion
passed 5-0).
3. CONSENT AGENDA:
A. Claims
M/S/P Johnston/Conlin - to approve the July 18, 1995 claims #3836 through #3935 as presented.
(Motion passed 5-0).
B. Resignation of Dorothy Sherburne from Heritage Preservation Commission
M/S/P Johnston/Conlin - to accept the resignation of Dorothy Sherburne from the Heritage Preservation
Commission and direct the staff to write Mrs. Sherburne a letter of appreciation. (Motion passed 5-0).
C. Letter of interest for appointment to Heritage Preservation Commission
M/S/P Johnston/Conlin - to acknowledge the letter of interest from Debbie Krueger for appointment to the
Heritage Preservation Commission and to direct the staff to write to Mrs. Krueger and advise her that she
will be notified when the Commission is reactivated. (Motion passed 5-0).
D. Resignation of Susan Koch from Planning Commission
M/S/P Johnston/Conlin - to accept the resignation of Susan Koch from the Planning Commission and
direct the staff to write Ms. Koch a letter of appreciation. (Motion passed 5-0).
E. Water Leak in Old Village
David Holm, Water Leak Locators, Platteville WI, has provided a list of references and an estimate for
service of $1,000 or $500 if he is unable to locate the leak. Mr. Holm found the leak on Tuesday at the
west end of Lake Elmo Oil. The maintenance dept. shut that water off over night to verify this was the
leak and the water use readings the next day indicate this was the right area. The maintenance crew
repaired the leak on Wednesday night.
M/S/P Johnston/Conlin - to approve up to $1,000 as quoted by Water Leak Locators, 166 Mine RD, P.O.
Box 409, Platteville, WI, to find the water main leak in the Old Village. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JULY 18, 1995
F. Approve Administrator and Planner's visit to Overland Park, Kansas
Administrator Kueffner and Planner Terwedo requested approval to visit Overland Park in Kansas which
is a high quality development with landscaping, a good transportation system, and contains a Rural
Center.
M/S/P Johnston/Conlin - to approve the Administrator and Planner's visit to Overland, Kansas to gather
information on Overland Park. (Motion passed 5-0).
G. Purchase of Washington County Parcel Data
H. GIS Services
City Planner, Ann Terwedo, provided a memo to the Council, dated July 12, 1995, requesting purchase of
the digital database from Washington County and contract for services to prepare maps for City Planner
purposes. The total cost for the purchase of the data and contract services is $4,790. This expenditure
was anticipated for the new planning function.
M/S/P Johnston/Conlin - to purchase the digital database from Washington County at a cost of $1,440.
(Motion passed 5- 0).
M/S/P Johnston/Conlin - to contract for services of Insights Mapping as outlined in their proposal dated
June 18, 1995 at a cost of $3,360. (Motion passed 5-0).
I. Ordinance adopting 1994 State Building Code
The 1994 Uniform Building Code was adopted by the State of Minnesota on March 20, 1995. All cities
outside the seven County metro area intending to enforce the new codes are required to adopt the code
individually. Although all communities within the seven County metro area are required to enforce the
existing codes, Jim McNamara said it is still necessary to amend our City Code to include new (now
existing) 1994 Building Code. Councilmember DeLapp asked that the Council review the ordinance on
sprinklering of buildings for possible adoption.
M/S/P Johnston/Conlin - to adopt Ordinance 8122, an ordinance amending Section 501 BUILDING
CODE adopting the 1994 Uniform Building Code. (Motion passed 5-0).
J. Ordinance repealing Recording Studios as a permitted use in Ag Zoning District
M/S/P Johnston/Conlin - to adopt Ordinance 8123 repealing Section 301.070 D.i.b. (6) relating to
Recording Studios initially adopted by Ordinance 8089 on August 17, 1993. (Motion passed 5-0).
4. PUBLIC INFORMATIONAL
A. Re.A.P.P.
Dan Novak, Co -Chair of Re.A.P.P., indicated Re.A.P.P. has dissolved effective March 27, 1995, and he
presented a copy of a check to the Council in the amount of $2,869, from the remaining Re.A.P.P.
proceeds, to be used for maintenance of Lake Elmo parks. The Council acknowledged and thanked Co-
chairs Dan Novak and Todd Williams and ReAPP members, Margaret Carlson and Rita Conlin, for their
participation in fighting the proposed landfill In the Regional Park.
LAKE ELMO CITY COUNCIL MINUTES JULY 18, 1996
B. Huff n'Puff Proclamation; Non -Intoxicating Malt Liquor License; waiving fee for use of city
facilities
M/S/P Johnston/John - to PROCLAIM AUGUST 10-13, 1995 TO BE HUFF'N PUFF DAYS, THE
OFFICIAL CITY CELEBRATION FOR 1995 IN LAKE ELMO AND URGE ALL CITIZENS OF OUR
COMMUNITY TO GIVE FULL REGARD TO THE PAST AND CONTINUING SERVICES OF THE LAKE
ELMO JAYCEES. (Motion passed 5-0).
M/S/P DeLapp/Hunt - to approve an on -sale non -intoxicating malt liquor license to the Lake Elmo
Jaycees for its annual Huff'n Puff festival to be held August 10 through August 13, 1995 to waive the
fees for the liquor license and balifields. (Motion passed 5-0).
The Jaycees invited the City Council, City workers and the Fire Dept. to participate in a fun game of
softball against local businesses on Saturday, August 12, 4:00 p.m. at Lions Park.
C. Washington County Public Works - Discussion on CR 13 (Inwood) Street Project - Postponed to
August 1, 1995 City Council Meeting
D. Jamaca vs. Jamaica
In February, 1995, the council authorized the County to change the spelling of Jamaca to Jamaica
because the Council was under the impression that they were correcting a spelling error. The City has
received six letters from residents living on Jamaca objecting to this change. In an article that appeared
In the St. Paul Pioneer Press newspaper stated the spelling of the street apparently was not a mistake,
but Intentionally spelled Jamaca. and the article explains why.
M/S/P Conlin/John - to notify Washington County because the spelling of "Jamaca" was intentional, the
City does not wish to make the city-wide change to Jamaica. (Motion passed 4-1:Hunt:Since Cottage
Grove, Forest Lake Township and Washington County are changing the name, he would like to maintain
the consistency with Washington County.)
E. Tri-Lakes Association's 40th Anniversary Celebration - Activities on Lake Jane, at. at
The City received a letter from the Tri-Lakes Association and permit application for the water show
proposed for Lake Jane. Residents on Lake Jane have been notified of this permit request. The Tri-
Lakes Assoc. has secured the appropriate insurance coverage and the Sheriff's Dept. will sign off on the
permit pending Council approval. The area proposed for the Water Show is shown on map provided.
Dick Johnson, 8896 Lake Jane Trail, stated he thought a water ski show is not appropriate on Lake Jane
because the lake is small and there is inappropriate parking on the road. He objected to this event and
was concerned that this would not be a one time event.
M/S/P Hunt/Johnston - to approve the permit request of Joe Kiesling on behalf of the Tri-Lakes
Association to place markers on Lake Jane for a Water Ski Show on July 22, 1995 from 1:00 to 3:00 p.m.
because this is a one time special event and not an annual event. (Motion passed 5-0).
F. Valley Branch Watershed District's Public Hearing on Olson Lake Estates' Pond Improvements
The City received a Notice of Public Hearing regarding the Valley Branch Watershed District Olson Lakes
Estates Pond Outlet project from 7-9 p.m. on Monday, July 31, 1995 at Oakland Jr. H.S.
NATURE OF IMPROVEMENT: The Managers propose to provide an outlet for the Olson Lake Estates
Pond by constructing a mile long pipe system from an existing manhole structure in Olson Lake Estates
to an existing VBWD manhole structure in Lake Jane Trail, just south of Crombie Pond. The route for the
LAKE ELMO CITY COUNCIL MINUTES JULY 18, 1995 4
system lead South along Olson Lake Trail, then at Hidden Bay Trail cut Southeast across Pebble Park to
Lake Jane Trail, and next follows Lake Jane Trail to the manhole structure south of Crombie Pond.
Almost the entire pipe system can be constructed in pubic right-of-way and public park land.
AD VALOREM TAXES:The costs of this improvement will be paid by an ad valorem tax on all property in
the District, as provided by Minnesota Statues Section 10313.251. The total estimated cost of the
improvement is $625,000. Approximately 95 1/2% will be allocated to Washington County and 4 1/2% to
Ramsey County, said allocation to be based upon assessed valuation.
M/S/P Conlin/DeLapp - to direct the City Administrator to send a letter to the VBWD for the July 31, 1995
public hearing Indicating Lake Elmo and Its residents' support the storm sewer by-pass project, but object
to the method of financing. The City opposes the ad valorem tax over the entire VBWD and opposes
paying any assessments when there is no special assessment for those who will benefit the most.
(Motion passed 5-0).
Mayor John will attend the July 31, 1996 VBWD meeting and present the city's letter.
G. Water Levels on Lakes
M/S/P DeLapp/Hunt - that instruction be given to the Lake Elmo Public Works to establish water levels in
conjunction with the City Engineer so we do have a reliable method of measuring water levels on these
lakes; otherwise; the ordinance in place is meaningless. (Motion passed 5-0).
5. OLD BUSINESS:
A. Assessments for PuOic Improvements on unimproved lots
Administrator Kueffner has checked on assessment policies in other communities, in particular, as it
relates to unimproved or unbuildable lots.
HUGO:assesses on a front footage basis regardless of whether a lot is buildable or not.
SCANDIA: assesses a flat amount for a building site and have-not yet had to deal with unimproved or
unbuildable lots.
MAHTOMEDI: assesses on a front footage basis regardless of whether a lot is buildable or not.
Administrator Kueffner explained special assessments reflect the influence of a special local improvement
on the value of specific property. No matter what method the city uses to establish the amount of the
assessment, the real measure of benefits is the increase In the market value of the land as a result of the
improvement. There is a benefit to the lake lots that are used for recreational purposes whether they can
be built on or not.
Information on assessment policies has been requested from the League of MN Cities . Also, information
on special assessment deferral policy will be obtained. This item will be continued to the next meeting.
Sue Horning suggested the use on the lot should be looked at, not whether its a buildable lot or not
B. Update on meeting with Washington County regarding Landfill property
M/S/P Hunt/John - to direct the staff to put together a proposal to the Counties that again we are willing to
continue to negotiate, meditate, or enter Into binding arbitration with them in this matter. A copy of this
letter be sent to the PCA with a cover letter stating that it is the intent of Lake Elmo to work out any
differences with the Counties as quick a manner as possible, and we are more than willing to sit down in
negotiation sessions, mediation sessions, or arbitration sessions to get this resolved as quickly as we can
without going to court. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JULY 18, 1995
6. PLANNING DEPARTMENT
A. CASE NO:SPR/95-25 Site and Plan Review - ISD 622 Elementary/Middle School Athletic
Complex
The Council received a site and plan review by the City planner, a landscape site plan submitted by P.
Snyder, and a letter, dated June 11, 1995, from Thomas G. Armstrong indicating his concern about the
liability of the adjacent property owner regarding trespassing on his property and requesting a chain link
fence be constructed along the entire length of the boundary line.
This site incudes 20 acres in Lake Elmo with an athletic facility including 3 soccer/softball fields, tennis .
courts, a small portion of a service road for a loading dock of the school and a wetland. A 201,000 sq. ft.
elementary and middle school will be built on the site in Oakdale. The site plan was reviewed by the City
of Oakdale for consistency with their land use, comprehensive plan and development regulations.
A landscape plan, ATS&R Project Number 94076, was submitted by Paul Snyder of ATS&R Architects,
showing a variety of tree species and native prairie grass planted around the perimeter of the site. There
Is no lighting proposed for the ballfields/soccer fields.
The City Planner and the Planning Commission recommended approval and found the site plan is
consistent with the Lake Elmo Comprehensive Plan Land Use designation and zoning regulations.
M/S/P Conlin/Johnston - to approve the site plan for the new ISD #622 Elementary/Middle School Athletic
Complex located north of 10th Street, South of 15th Street and West of Hilo Avenue. (Motion passed 5-
0).
B. CASE NO.:SPR/95-24 Site and Plan Review - Cimarron Park replacement of garages
Jim Anderson of Chateau Properties (Cimarron Park) is requesting approval to replace two old storage
buildings with new, updated structures. The new structures will be placed in the same location as the old
ones. A demolition permit has been issued and a building permit will be necessary for reconstruction. At
their July 10, 1995, meeting, the Planning Commission discussed color, and conceded that the accessory
structures should be compatible with the main structure (club house) which is light gray.
M/S/P DeLapp/Hunt - to approve the Site and Plan, as presented, for the replacement of two
maintenance garages (36' x 36' and 30' x 50' In size) as recommended by the Planning Commission on
July 10, 1995, with evergreen trees planted to create a buffer around the replacement garage on the west
side of the property. (Motion passed 5-0).
C. CASE NO:SUBN/95-19 Preliminary Plat of Torre Pines
The Council received a preliminary plat review by the City Planner on Torre Pines/Royal Oaks Realty,
Mike Black, a letter dated July 11, 1995 from Royal Oaks Realty, the City Engineer's Report dated June
1, 1996 and a letter from Thomas G. Armstrong requesting the developer to construct a fence to protect
homeowners from trespassers passing through his property and wandering on to their lots.
At the June 26, 1995 meeting, the Planning Commission made a motion that failed (3 ayes/3 nays), to
approve the Torre Pines preliminary plat subject to a list of seven conditions. All three dissenting votes
stated that they could not support the variance to the 3:1 lot depth to width ratio. Four lots along the west
side of the development exceeded the 3:1 ratio. Mike Black stated their request to allow four lots along
the west side of Torre Pines to exceed the 3:1 lot depth to width ratio will in no way be detrimental to the
public or adjacent property owners. These extra deep lots will provide an excellent natural buffer
between the rural low density residential setting of Torre Pines from the sewered suburban development
in the City of Oakdale. The need for the variance relief is due to the westerly 16 acres of the property
LAKE ELMO CITY COUNCIL MINUTES JULY 18, 1995 6
being a natural wetland and unbuildable slopes. An attempt to utilize this westerly portion of the property
for development activity would require special wetland permits and would negatively impact the sites
natural conditions.
M/S/P HunUJohnston - to grant the variances to the width to length ratio of 3:1 on Lots 8, 9, 10 and 12
based upon:
1. The granting of these variances would not be detrimental to the public welfare.
2. There are unique, natural features to this site which has created unusual circumstances. The wetland
areas and upland slopes need to be preserved and are unbuildable areas.
3. The proposal meets the Intent of RE Zoning District and would not affect the character of the
subdivision surrounding properties. (Motion passed 5-0).
M/S/P Hunt/Conlin - to approve the preliminary plat of Torre Pines, as presented, with the following
conditions (per City Planner Staff Report dated 6-26-95):
1. The park dedication shall be cash in lieu of land.
2. The wetland delineation shall be approved by the Valley Branch Watershed District.
3. The stormwater detention facilities, drainage areas, and ponds must comply with recommendations
and approval by the VBWD as stated in their letter dated June 12, 1995.
4. A detailed analysis of trees and other natural vegetation on the site shall be conducted for review and
approval by the City Planner. Also, a detailed plan for the entrance island and any signage for the
development shall also be reviewed and approved by the City Planner.
5. The parks Director shall inspect the site for Oak Wilt. If there are trees showing signs of Oak Wilt,
control measures shall be conducted by the developer as indicated in the Oak Wilt Control Plan.
6. The developer shall comply with all comments by the City Engineer as stated in his letter dated June
12, 1995.
7. An access permit from Washington County shall be submitted to the City. (Motion passed 5-0).
Mr. Black was asked to work with the City to resolve the method of platting of the four lots set out for
Meehan family (10 acres) before the final plat is submitted.
7. CITY ENGINEER'S REPORT:
A. Cost estimate for 36th and 37th Street's Drainage Improvements
At the May 16, 1995 council meeting, the recommended solution to the drainage problem consisted of
constructing three short segment of storm sewer pipe to Intercept the water and/or drain the water from
two low areas. If this work was contracted out, it was estimated to cost $14,500. The Public Works
Department felt that this work is within their capabilities and can be performed with existing equipment.
The city engineer prepared a cost estimate if the Public Works Dept. performed the work. The cost
estimate is divided out of pocket material cost and in-house labor and equipment costs. The material
cost is estimated to be $5,000, and it would take the city crew about three days to complete.
M/S/P Hunt/John - to direct the city engineer to contact the property owners informing them that the city
would do the project, split the cost of materials between the City, Mr. Boche and Mr. Strege, and
negotiate seeding instead of sod and report back to the Council. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JULY 18, 1995
B. Payment of $9,959.20 to Bergman Company for 1995 Crack Sealing
Larry Bohrer reported the bituminous crack sealing was performed by Bergman Companies under a joint
purchasing contract with Washington County. The amount budgeted for crack sealing in 1996 was
$10,000.00. The work was satisfactorily completed and he recommended its payment.
M/S/P Johnston/DeLapp - to authorize payment in the amount of $9,959.20 to Bergman Companies for
the bituminous crack sealing as recommended by the city engineer. (Motion passed 5-0).
C. Payment of $52,289.10 to Allied Blacktop for Seal Coating
Larry Bohrer reported the 1995 sealcoating project was completed by Allied Blacktop under a joint
contract with Washington County. At the time of contract award, Bohrer advised the Council that the
estimated cost would be $54,000. The work was satisfactorily completed and he recommends its
payment.
M/S/P DeLapp/Conlin - to authorize payment in the amount of $52,289.10 to Allied Blacktop for the 1995
sealcoating project as recommended by the City Engineer. (Motion passed 5-0).
Plan for Turnaround on Upper 33rd St.
Mayor John has been contacted on a problem with standing water and drainage at the end of Upper 33rd
St. The City Engineer will mark out the area, and he and Mayor John will go out and talk to the
concerned property owners. Several council members felt that the overlay project and turnaround on
Upper 33rd Street was to the City's advantage to process and was not at the request of the property
owners. The council will look into how this project is to be assessed.
8. CITY ATTORNEY'S REPORT:
Attorney Filla reported that the property owner has been notified of Resolution 95-43 and has five days
from the time of notice to respond. If the time period has expired, Filla will commence a lawsuit.
9. CITY COUNCIL REPORTS:
Council member Hunt asked to schedule a joint meeting for July 24 or August 28 with the council and
MAC to review the MAC charter and discuss the commission's accomplishments. The Council
considered a joint meeting in October or November.
Council member Conlin reported on the last cable meeting where they discussed the Joint Powers
Agreement.
Council member DeLapp attended the SAEDC Meeting with Grams, Wellstone and Luther, He will be
taking a 3 1/2 hour tour through western Wisconsin with members of the Met Council.
10. ADMINISTRATION:
Administrator Kueffner reported that the City did not get the brush chipper offered by Northern State
Power Company.
M/S/P Hunt/DeLapp - to adjourn the council meeting at 10:45 p.m. for an Executive Session to discuss
the status of the Hammes Sand and Gravel Lawsuit. (Motion passed 5-0).
----------------------------
Respectfully submitted by Sharon Lumby
Ordinance 8122 Amending 501 BUILDING CODE adopting the 1994 Uniform Building Code
Ordinance 8123 Repealing Section 301.070 D.i.b. (6) relating to Recording Studios
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.
City of Lake Elmo
City Council Agenda
July 18, 1995 6:00 p.m.
6:oo P.m. Discussion with Auditors and Finance Director on the 1994 Audit
7:00 P.M. Meeting Convenes
1. Pledge of Allegiance
2. Approval of Agenda
3. Consent Agenda*
4. Public Informational
A. Re.A.P.P. R
B. Buff n'Puff Proclamation; Non -Intoxicating Malt Liquor License; waiving
fee for use of city facilities
C. Washington County Public Works - Discussion on CR 13 (Inwood) Street Project
D. Jamaca vs. Jamaica
E. Tri-Lakes Association's 40th Anniversary Celebration - Activities on Lake Jane, et. al
F. Valley Branch Watershed District's Public Hearing on Olson Lake Estates' Pond
Improvements
G. Other
5. Old Business
A. Assessments for Public Improvements on unimproved lots
B. Update on meeting with Washington County regarding Landfill property
C. Other
6. Planning Department
A. Site and Plan Review - ISD 622 Elementary/Middle School Athletic Complex
B. Site and Plan Review - Cimarron Park replacement of garages
C. Preliminary Plat of Torre Pines
7. City Engineer's Report
A. Cost estimate for 36th and 37th Street's Drainage Improvements
B. Payment of $9,959.20 to Bergman Company for 1995 Crack Sealing
C. Payment of $52,289.10 to Allied Blacktop for Seal Coating
8. City Attorney's Report
9. City Council Reports
10. Administration
Mayor
Wyn John
Council Members
Rita Conlin Steve DeLapp Lee Hunt Karen Johnston
Over
Lake Elmo City Council
Consent Agenda
July 18, 1995
The following items are presented for Council approval/adoption:
A. Claims
B. Resignation of Dorothy Sherburne from Heritage Preservation Commission
C. Letter of interest for appointment to Heritage Preservation Commission
D. Resignation of Susan Koch from Planning Commission
E. Water Leak in Old Village
F. Approve Administrator and Planner's visit to Overton Park, Kansas
G. Purchase of Washington County Parcel Data
H. GIs Services
I. Ordinance adopting 1994 State Building Code
I Ordinance repealing Recording Studios as a permitted use in Ag Zoning District
*Consent Agenda items are generally defined as items of routine business, not requiring discussion, and
approved in one vote. Councilors may elect to pull a Consent Agenda item(s) for discussion and/or separate
action.
Mayor Wyn John
Council Members
Rita Conlin Steve DeLapp Lee Hunt Karen Johnston