Loading...
HomeMy WebLinkAbout10-17-95 CCMMINUTES APPROVED: November 7, 1995 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 1. AGENDA 2. MINUTES: October 3, 1995 3. CLAIMS 4. PUBIC INFORMATIONAL: A. Minnesota Design Team Visit 5. PARKS/MAINTENANCE DEPARTMENTS: 6. PLANNING/LAND USE & ZONING: A. Public Hearing: Case W95-30 Sign Variance - Lake Elmo Bank B. Public Hearing: Case W95-31 Variance to allow a non -conforming structure to be expanded and variances to side yard setback: David Schwarz, 10961 32nd St. C. Public Hearing: Case V/95-32 Variance to side yard setback, Mark Edlund, 5431 Hilltop Ave. N. D. Resolution No. 95-53 Approving detached garage to be placed closer to front property line than primary structure, Philip Tschumperlin, 9149 Lake Jane Trail E. Present Status Report on the Browns Creek Water Management Organization 7. CITY ENGINEER'S REPORT: A. Public Hearing: Assessments for Street Improvements 42nd Street from Jamaca Avenue to Lake Jane Trail Foxfire and Green Acres Subdivisions and Streets therein Highlands Trail from Hilltop Avenue to DeMontreville Trail Miers Park Subdivision and streets therein 32nd Street from Lake Elmo Avenue to Lampert Avenue 38th Street (proposed) between Laverne Avenue and Lake Elmo Avenue Lake Jane Trail from 42nd Street to Jamaca Avenue Jane Road from Lake Jane Trail to Jamaca Avenue Upper 33rd Street West of Lake Elmo Avenue B. Review Stillwater Boulevard (CSAH 6) Drainage Project C. Review Hill Trail/Hill Trail Court Drainage Problem D. Partial Payment #1-1995 Overlay Project, T.A. Schifsky, $237,846.04 8. CITY ATTORNEY'S REPORT: A. Landfill Cleanup Agreement B. Junker Landfill Trust Agreement 9. CITY COUNCIL REPORTS: 10. ADMINISTRATION: A. Change time of November 7, 1996 council meeting B. Agreement for Auditing/Accounting Services, Tautges & Redpath C. Resolution adopting participation in Local Housing Incentives Account Program under the Minnesota Livable Communities Act D. Appointment to VBWD LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 Acting -Mayor Johnston called the council meeting to order at 7:02 p.m. in the council chambers. PRESENT: Conlin, Johnston, DeLapp, City Engineer Bohrer, City Planner Terwedo, City Attorney Filla and Administrator Kueffner. ABSENT: Mayor John and Council member Hunt. 1. AGENDA ADD: 3. Addition to Claims List, 4. Design Team Visit, 6E. Present status of Brown Creek Water Management Organization, 7A. Resolution deferring assessment, 10D. Appointment to VBWD. M/S/P DeLapp/Conlin - to approve the October 17, 1995 city council agenda as amended. (Motion passed 3-0). 2. MINUTES: October 3, 1995 M/S/P DeLapp/Conlin -to approve the October 3, 1995 minutes as amended. (Motion passed 3-0). 3. CLAIMS Administrator Kueffner reported Carl Olinger agreed to allow the City to store material, salt/sand, "V" plow, culverts, pipes, etc., on his property to the north of the maintenance site until another site is found for a total of $500. Kueffner recommended that the Council accept this offer and add this payment of $500 to the claims list. M/S/P DeLapp/Conlin - to approve the October 17, 1995 claims #4111 through #4190, as presented, and Including Claim #4191 $500 to Carl Olinger. (Motion passed 3-0). 4. PUBLIC INFORMATIONAL: A. Minnesota Design Team Visit Planner Terwedo was asked to provide a summary of weekend events, people involved, and comments made by the public. 5. PARKS/MAINTENANCE DEPARTMENTS: - None 6. PLANNING/LAND USE & ZONING: A. Public Hearing: Case V95-30 Sign Variance - Lake Elmo Bank The Public Hearing notice was published in the September 28, 1995 Stillwater Gazette and adjoining property owners were notified. The Lake Elmo Bank, 11465 39th St. N., is requesting to locate an illuminated directional bank entrance sign whose easterly edge will extend 8' into the 23' wide easement. The sign measures 48" H x 48" x 10"D. (These dimensions include the brick base). The illuminated sign itself is 48"W x 30"H. If the sign is placed entirely out of the easement area, it will be too far from 39th Street to be visually beneficial for the public. The purpose of the sign is to provide a safe means for the public to determine the location of the entrance. The illuminated sign will provide increased visibility (safety issue) for the entrance during darkness and inclement weather. This sign will be replacing an existing sign that is 4' high by 3' wide. The present sign extends 16' into the easement and does not seem to provide adequate visibility to the entrance location. Acting Mayor Johnston opened up the public hearing at 7:15 p.m. in the council chambers. Roger Knutson, Cashier, Lake Elmo Bank, stated the illuminated sign, located primarily in the easement, will offer better visibility so the public may easily and safely locate the entrance during darkness and inclement weather. The entrance serves the main parking, lot, walk-up teller area, 20 hour night depositor and 24 hr cash machine. The new location will allow a tree to be saved. The sign will be surrounded by a professional landscape design consistent with the existing landscape on bank property. Acting Mayor Johnston closed the public hearing at 7:18 p.m LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 Larry Bohrer voiced his concern on adequate site distance to the left when a car stops before pulling out. The lower branches on the tree appear to be about 4' off the ground and need to be trimmed. When a person sits in an automobile the height of your eye is about 31/2'. There may be gas, telephone, or electricity in the boulevard; therefore, make sure the contractor has those located before he digs. M/S/P DeLapp/Conlin - to approve Case No. W95-30 granting a variance requested by the Lake Elmo Bank, 11465 39th St. N., to Section 535.05 Subd. 1 Illuminated Signs Location; for the purpose of locating an illuminated sign closer than 25 feet from the roadway surface and closer than 10 feet to the right-of-way based on the Findings in the staff report: 1. The proposal includes the hardship, the concern for the health, safety and welfare of the traveling public, will be eliminated by this new sign location from the existing location and it will allow a tree to be saved. 2. The curve in the road makes a site impediment and the location of the sign will not be detrimental to the public welfare. and the following conditions: 1. The applicant will landscape around the base of the sign with small shrubs and perennials. 2. Since this sign is in an unimproved right-of-way and If the city needs to trench in this area, the sign be removed at the expense of the Lake Elmo Bank. (Motion passed 3-0). B. Public Hearina: Case v95-31 - Variance to allow a non -conforming structure to be expanded and variance to side yard setback. Applicant: David Schwarz, 10961 32nd Street Planner Terwedo explained she has revised her staff report because she assumed that the structure was not going out, but going up. She found out Monday (10-16-95) the addition is adjacent to the structure so she revised the staff report. Terwedo recommended denial based on the findings stated in the revised staff report. A variance to the side yard set back requirement (5 feet proposed, 10 feet required) and expanding an existing structure on a substandard lot in the Shoreland District. The lot in which the structure is proposed to be expanded is 15,000 sq.ft. and the addition will be 800 sq.ft, The public hearing notice was published in the October 5, 1995 Stillwater Gazette and adjoining property owners were notified. Acting Mayor Johnston opened up the public hearing at 7:30 p.m. in the council chambers. Dave Schwarz stated at first they contemplated going up because they thought it was better. The existing structure was built in 1906 with no foundation under it. It was pretty much a cabin, has been remodeled, and currently consists of 1200 or 1300 sq.ft.. You would have to tear the house down and start from scratch. Schwarz said they thought it best to go out the back and doesn't believe they are overbuilding for the lot. Shoreland ordinance provides for 15% or 6,000 sq.ft. of Impervious coverage, whichever is larger, and they are not close to that. Schwarz verbally stated they do have the blessing of their neighbors, but there was nothing submitted in writing. He pointed out other homes on Klondike and 32nd Street that were expanded recently on smaller lots. Todd Williams, 3025 Lake Elmo Avenue N., stated he is familiar with the property because he was on the council when Mr. Schwarz was given a variance to erect a garage on the property. The variance was granted because of the existence of a large tree. If we wanted to save the tree, the garage had to be built closer to the lot line. Williams did not see any circumstances in this case to grant a variance. Dave Schwarz knew the size of the house when they bought the property and doesn't see anything more than their desire to have a larger house. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 Acting Mayor Johnston closed the public hearing at 7:40 p.m. i Council members DeLapp and Conlin indicated the applicant did not provide a hardship to justify the request for variance to construct a larger house and agreed with the Planner's findings in her staff report. M/S/P Conlin/DeLapp - to deny Case No. V/95-32, a variance request to the side yard setback by David Schwarz, 10961 32nd St. to construct an addition based on the findings outlined in the staff report. (Motion passed 3-0). C. Public Hearina: Case V95-32 - Variance to side yard setback, Applicant: Mark Edlund, 5431 Hilltop Avenue N. The public hearing notice was published in the October 6, 1995 Stillwater Gazette and adjoining property owners were notified. Planner Terwedo reported the proposed accessory building, 32' x 24% is to be located approximately 11'5" from the side yard where 25' side (corner) setback is required. In order to construct an accessory structure in the rear yard, the site would need to be graded In order to provide a levelbuilding pad and impact the drainfield. If the structure were to be moved another 14' north along the concrete drive, it would also impact not only the drainfield, but the rear of the home and existing maple tree and deck. The site slopes to the east. There are two driveway accesses off of this lot; one off Highlands Trail to the rear of the structure and one in front of the home off of Hilltop Avenue. Acting Mayor Johnston opened up the public hearing at 7:42 p.m. Mark Edlund explained the edge of the garage would be 35' off from the right-of-way. There is no other location to build the garage because of the sloping of the back yard and the placement of the drainfield. The existing garage is about 22' x 26' and the new garage is 24' x 32'. The downstairs level is used for a shop, but has a garage door. He does intend to make garage look as much like the house as far as color and design. Todd Williams asked if the garage currently attached to the house Is being used as a garage. What does our ordinance say about the number of accessory structures allowed in this type of zoning? Acting Mayor Johnston closed the public hearing at 7:45 p.m Jim McNamara explained the existing structure has 450 sq.ft. on each level which is a total of 900 sq.ft. The new garage will be approximately 800 sq.ft. The ordinance states the detached structure in R1 zoning can have 1,000 sq.ft. Councilman DeLapp asked if the lot is considered conforming. The current lot size for that zoning is 1.5 acres. Kueffner explained DeMontreville Highlands 4th Addition was platted as a 1 acre subdivision. Attorney Filla stated this is considered a non -conforming lot. The septic tank will be 7' from the building, where the code requires 10' separation from the septic tank to a building and 20' is required for the actual drainfield portion to a building. The staff was asked to review all the variances required; such as; variance from the side yard set back requirement, separation from the septic tank to a building, and increasing the use on a substandard lot M/S/P Johnston/Conlin - to table until the staff can review what variances are required. (Motion passed 3-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 7 Foxfire and Green Acres Subdivisions and streets therein: Total Cost:$129,523 Assessed Cost:$116,570 City Cost:$14,227 Assessable Unit:91.5 Assessment Rate:$1,273.99 Ken Gervais, Image Development Co., has a proposal for an 11-lot subdivision and will be putting in 9-ton roads which is according to city street standards, then why will I be assessed? My property has no financial benefit from the improved road. I do not abut --the street is not complete to my property. The piece of property to where the street ends is unimproved. I will appeal because it does not increase my property value by $1,273.99. Attorney Filla explained you have a right to preserve your right to appeal by filing a notice of objection. Your appeal does not prevent the city from adopting the assessment roll. Larry Bohrer:the reason you received a notice is your property abuts one of the roads in this project and that is how the access was gained to your property. You are considered an abutting propertyowner for the purpose of defining benefit and the benefit is improved access to the improved road. It is our opinion that the east property which gains access from these improved roads receives a benefit --and the benefit is at least equal to the amount of the assessment.. Walter Webber, 5080 Jerome Avenue N., submitted a letter dated October 17, 1995 stating the work in Fox Fire Estates was almost completed because 270 feet of Jerome Avenue North adjoining his property was not overlaid. He is demanding completion of the overlay of Jerome Avenue North in Fox Fire Estates per the contract or rescind the pending assessment on his property as it did not receive the overlay per the contract as did all other Fox Fire Estates properties. Bohrer:when the contractor got to the end of the road, he thought he was finished and moved to another street. The contractor knows that he's been ordered to complete this road, costs have already been figured in and there is no adjustment in the rate. Diana Och, 5055 Jerome Avenue N., they are all right with the assessment, but wants to make sure they will not be assessed for another project in Teal Pass in two years. Bohrer:The concern is if the road improvement stopped here, in two years we have the same type of program in Teal Pass which goes up to where this project ends, would they get assessed again. The answer is "no". Lawrence Kleis, 9241 60th St., indicated he owns several parcels and didn't understand the figures. He felt this was too much of an assessment that he can't make much use of. Bohrer:Mr. Kleis owns a large tract of land and under present zoning for Rural Residential could be divided up into three large lots. Depending on what the current zoning is, that would determine how many lots the property could be divided into. Your land is in Green Acres and you may be able to defer assessments to a later date. Gaylen Springborn, 5200 Isle Avenue N., has approx. 10 units totaling $11,000 in assessments. Last spring they were talking about keeping "open land". What are we going to do with the assessments that we have to pay for to keep this open land? We cannot afford to pay this. Highlands Trail from Hilltop Avenue to DeMontreville Trail: Total Cost:$12,919 Assessed Cost:$11,627 City Cost:$1,292 Assessable Unit:15 Assessment Rate:$775.13 There was no one to speak for or against the proposed assessments. Miers Park Subdivision and streets therein: Total Cost:$21,174 Assessed Cost:$19,057 City Cost:$2,117 Assessable Unit:28 Assessment Rate:$680.61 There was no one to speak for or against the proposed assessments. 32nd Street from Lake Elmo Avenue to Lampert Avenue: Total Cost:$6,082 Assessed Cost:$5,474 City Cost:$608 Assessable Unit:7.5 Assessment Rate:$730.00 There was no one to speak for or against the proposed assessments. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 prepatching under contract or the city crew itself did some patching. It seemed there was equal patching on the north side and the south side of the road. If there was substantial damage from the heavy backhoes, trucks and so on, we would have seen more stress on the north side rather than the south side because that was where the construction activity was. There was no special adjustment in either the cost or city participation for this particular project because of the water main that went in 1991. In my opinion, the reason why this road was recommended for an overlay was not because of the damage done from the watermain project. Gail Coleman, 8860 42nd Street N., when they were doing the water on our side of the street they lost a gopher. Our whole driveway was ripped with big holes, all the equipment was there for over a week. I had to go to my parents for about a week. Jackie Pierre, 8780 42nd Street N., the pictures shown at the last meeting did not show a fair representation of the street. It didn't show the portion of the street with big holes in front of our mailbox. It was not alligator cracking. The patch job was very bad. Karl Tomek, 8855 42nd Street N., the assessment is figured out by the number of lots that benefit from the street --don't the cul-de-sacs benefit from the street. Bohrer:the street they live on provides their access. True, everyone who live on the cul-de-sac drives on this road to get to their house. Policy has been sooner or later the road in front of everyone's house is going to need some type of improvement similar to this and they will be assessed. People who live on 42nd Street also use other streets; such as Jamaca Avenue. People who abut the street will be asked to pay their share at the time their street is improved. Kim Tomek, 8855 42nd Street N., there were many of us that were at this meeting in the spring and made it well-known our concerns and we thought this project was not necessary. Mayor John said he would take our concerns under consideration and seek out other alternatives for funding and get back to us before anything was done. Nobody ever did get back to us and now he says why shouldn't we pay for this Is unfair to us residents. It is not fair to place the burden on them for something that we didn't feel was necessary. I would like to make the proposal that the amount we be assessed be reconsidered and see if the City can reduce this amount. David Emerson, 8909 42nd Street N., when Jamaca was redone were all the property owners on Jamaca assessed exactly in the same format as we are on 42nd street. Bohrer:lt was similar in that it was a unit assessment. Emerson:You are hard pressed to make any of us believe that this street did not come to major disrepair had that watermain not gone through. I think that from a practical standpoint the city should pick up a portion of the cost from the original sewer project. I have a driveway on the south side that slopes down. Now that you have elevated the road because of the bituminous layer, the water flows right Into my garage. Whose responsibility is it to put some type of curb to keep that flow of water from coming into my garage. Bohrer:The road was originally constructed in 1979 or 1980 there was a 4" curb on there. If the curb was removed, we could see if we can put a lip back on to the driveway. Ray Coleman, 8860 42nd Street N., who came out and looked at the damage --you must have been blind if you couldn't see the damage done to the road. Arthur Grundhauser, 8949 42nd Street N., a lot of trucks hauling in and out of the gravel pit on Jamaca Avenue, who is responsible for the damages done by those trucks on Jamaca. Should they not be picking up part of the assessment costs. Somebody must not have looked at the calendar because the notice indicates assessments can be paid by the first Monday in January which is New Years Day. If you pay in February you are going to pay 8% interest for the entire year of 1996--is this really legal? Filla:the state law allows that process to be followed with special assessments. The installment that shows up on the 1.996 tax statement carries interest for the entire year. You can avoid one years interest by paying the amount in full within the 30 day period. Interest rates are generally assessed a point or so above what the city paid to borrow money. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 D. Resolution No. 95-53 approving detached garage to be placed closer to front property line than primary structure. Philip Tschumperlin, 9149 Lake Jane Trail, is requesting permission to place a detached garage closer to the front property line than the main structure. As per our City Ordinance, Section 301.130 C.9., a resolution and approval by adjacent property owners is required. Letters were received from Carl Olinger, 9095 Lake Jane Trail N. and Mildred Thurmes, 9189 Lake Jane Trail, stating they are in agreement and approval of the proposed site plan and building location for proposed garage construction at 9149 Lake Jane Trail N. M/S/P Coniin/DeLapp - to adopt Resolution No. 95-53, A Resolution allowing Philip Tschumperlin, 9149 Lake Jane Trail, an accessory structure to be located between the public road and the principal road (Motion passed 3-0). E. Present Status Report on the Browns Creek Water Management Organization Planner Terwedo reported due to circumstances the Browns Creek W.M.O. is amending its joint powers agreement to add capital improvement projects. Due to issues regarding the future impacts of development on Browns Creek, a designated trout stream, the W.M.O. is considering methods to preserve the wetland. 7. CITY ENGINEER'S REPORT: A. Public Hearing: Assessments for Street Improvements The Public Hearing notice was published in the October 2,1995 Stillwater Gazette and the October 11, 1995 Stillwater Gazette Extra. Acting Mayor Johnston opened up the public hearing at 8:06 p.m. and all affected property owners were notified. City Engineer Larry Bohrer explained the 1995 Bituminous Overlay Project consisted of nine separate streets and used overheads to go over each improvement project. In accordance with the policy begun in 1993, 90% of the cost of the overlay is assessed to abutting property. 10% of the overlay cost is paid for by the City in recognition that the improved street is a general benefit to the entire City. The city also pays for any patching or crack sealing that needs to be done prior to the overlay and any assessment for city -owned property such as parks. 42nd Street from Jamaca Avenue to Lake Jane Trail:Total cost: $23,996 Assessed Cost: $21,696 City Cost: $2,400 Assessable Unit: 21 Assessment Rate: $1,028.38 Steve Tkachuck, 8670 42nd Street N., when the water system was installed a couple years ago there was a lot of damage to the street that doesn't seem to be assessed to that company. How is this handled by the city? If they are not assessed for part of that damage, someone is in breach of their duty for not going back for damages to city property. Larry Bohrer:When the water main was installed, it came from Lake Jane Trail generally along the south side of the street. There were two cuts made in the road at the time. The watermain passed over to the north side where it was installed in the blvd. of 42nd street and another cut made at the cul-de-sac to get that pipe to the south. There were two road patches in these particular areas. This comment came up at the improvement hearing in March and what we believe the comments were at that time is that the road patches were settling or not done right. We went out and looked at and photographed the areas. In our opinion, the patching was done correctly. There were other comments later on that said construction traffic caused damage. He had looked at the road and saw areas either the city had done some LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17. 1995 38th Street (proposed) between Laverne Avenue and Lake Elmo Avenue: Total Cost:$5,760 Assessed Cost:$5,760 City Cost:$2,880 Assessable Unit:2 Assessment Rate:$2,880.00 There was no one to speak for or against the proposed assessments. Lake Jane Trail from 42nd Street to Jamaca Avenue: Total Cost:$25,375 Assessed Cost:$22,838 City Cost:$2,537 Assessable Unit:38.5 Assessment Rate:$593.20 There was no one to speak for or against the proposed assessments. Jane Road from Lake Jane Trail to Jamaca Avenue: Total Cost:$29,475 Assessed Cost:$26,527 City Cost:$2,948 Assessable Unit:31.5 Assessment Rate:$842.13 Otto VanDemmeltraadt, 9406 Jane Road N., didn't agree with the two assessments for a small (24' x 48) quonset but on a 1/2 acre lot currently being used as a duplex. It is substandard housing and cannot accommodate a full size bathroom. Bohrer:The city has consistently assessed duplexes as two living units. P. Petrellis, 9436 Jane Road N., stated a new driveway culvert was put in 5 years ago, plugs up with dirt and backs into my yard. There is nothing to take the water from his yard down the street. The road is broken -up badly because of the water between his lot and James Friend's lot. The road is going to breakup again after a few freeze cycles. Bohrer voiced concern about the culvert under road doesn't seem to be draining and will follow-up on it. Upper 33rd Street West of Lake Elmo Avenue: Total Cost:$10,702 Assessed Cost:$9,632 City Cost:$1,070 Assessable Unit:13 Assessment Rate:$740.92 The Council received a letter from Susan Dunn, dated September 29, 1995, stating she was told at the City Council meeting that the request to overlay this dirt area section of Upper 33rd St. was at the request ( of the city maintenance and not requested by either myself or my neighbors and should not be held financially responsible. They now have become property owners of a massive, black tarred area that not only is visually offensive, but appears to be diverting water in an unnatural manner. She has a concern that this will cause problems for the residents in the future. Bohrer:none of these improvements were petitioned for. There is an annual inspection by him and the Maintenance dept. for road improvements and an annual program is developed from that. Eugene Markgraf, 11002 Upper 33rd St. N., thanked the engineer for a job well done. The water is still running between him and Dunn's after they laid the new top. Acting Mayor Johnston closed the public hearing at 10:35 p.m Discussion on 42nd St. Project; Larry Bohrer explained the watermain project isn't to blame for the overlay. He examined the road after the concerns were raised at the public hearing and couldn't say the damage was attributed to the watermain. The typical wear and tear and age are to blame. The damage on 42nd Street is similar to damage on other streets of about the same age. Foxfire and Green Acres have similar damage and they were also overlaid this summer. Council member DeLapp agreed that the water main project was responsible for the need for an overlay. As evidence he pointed to the four cul-de-sacs off of 42nd Street which were built at the same time, but do not need an overlay. He saw no reason that the residents on 42nd Street would cause more damage than people on the cul-de-sacs cause on theirs. On that basis, he recommends a 20-30% deduction because the conditions were not contributable by the property owners. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 Administrator Kueffner said she anticipated the 42nd street overlay would generate discussion and looked for some money. The City does have a small amount of money left from the $25,000 we received from the county when the water was put in. She talked to the Finance Director and we could take money from the water fund and reduce each full assessment $100 and each 1/2 assessment $50. Council member Conlin felt it was regrettable the the city was not in touch with the residents after the public hearing. There was nothing that could be done at this point, but hoped in the future communication would be better. It never was the intent to push this through, it is to the benefit of the residents to have safe good roads and we do have good roads. This is one of the reasons we all pay. She appreciated the Administrator's suggestion. M/S/P DeLapp/Conlin - to modify the assessment roll for 42nd Street to $928.38 a unit (reduction of $100 per assessable unit) and recover the costs of $2,100 from the water fund as recommended by the City Administrator. (Motion passed 3-0). Mr. Emerson appreciated the Administrators thought of $100 reduction. He thought Councilman DeLapp was correct in asking 20-30% deduction as opposed to $100, then he would not object. He appreciated the Council listening to them, but if $100 is what is available, it is not necessarily right. Discussion on Foxfire and Green Acres Project:Gervais question: The city did look at, in addition to the overheads that the engineer had, the proposed plat of the property that Mr. Gervais owns and has Indicated how the road is connected to his property. There is a cul-de-sac there now and the road would be extended from the cul-de-sac to Mr. Gervais' property. Bohrer pointed out the Carl Brogren property which Is a landlocked parcel and has no frontage on a public street. However, by means of an easement his driveway also comes down to 55th street and has received an assessment notice. This is similar to 45th St, and Julep Avenue, Moris Addition, no frontage on a public street, but by means of an easement their public access is from 45th St. and Julep. In 1984, they were considered benefiting because that is the only access to their property. Kleis and Springborn question:Attorney Filla will work with Mr. Kieis and Mr. Springborn on the legal implication of Green Acres deferred assessments and the land that isn't in Green Acres. Discussion on Jane Road Project:VanDemmeltraadt question:The council did discuss this duplex being assessed two units at the last council meeting. It was the consensus of the council that the city has consistently over the years, count the number of rental units. At this point the city should be consistent, but will look into this assessment policy in the future. M/S/P Conlin/DeLapp - to adopt Resolution No. 95-51 adopting assessments, as amended (reduction of 42nd St. assessment rate to $928.39), for 1995 Overlays. (Motion passed 3-0). Administrator Kueffner reported the city has received a request by Margaret E. Paul, 9369 Jane Road N. for a deferment of the assessment for the 1995 overlay of Jane Road North because of a financial hardship. M/S/P Johnston/DeLapp - to adopt Resolution No. 95-52 A Resolution Deferring the $842.13 Assessment Against Lot 11 Berschens Shores (Plate and Parcel No. 37090-2500) as requested by Margaret E. Paul, for the 1995 Overlay of Jane Road North. (Motion passed 3-0). B. Review Stillwater Boulevard (CSAH 6) Drainage Project Larry Bohrer reported he received a set of plans by the county when this matter was going out for bids and looked at the project while it was under construction. The project was initiated by the County. It was due to an erosion problem the county was experiencing in the south ditch of Stillwater Blvd. The decision was made to enclose that drainage in a storm sewer pipe. It became a joint project where the city of LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 10 Oakdale participated financially in that project in proportion to the amount of water they contribute to the right-of-way. In Bohrer's opinion, he believes this project will meet its desired goal to solve the erosion problem. Will it transmit that problem to the city of Lake Elmo --its difficult to tell at this time. The terrain in Lake Elmo is quite flat and reduces the velocity of water. He will have to take a wait and see attitude. There were concerns on what appears to be the beginning of a Helmo Avenue extension. Bohrer believes the work was done on the county right-of-way. He contacted the City of Oakdale and Washington County. The city led him to believe this was initiated by the county and the county said it was initiated by the.City so he has not been able to sort this out. The county began planning for this road in 1994. If there was a good likelihood for a road to go through some time in the future, the County felt it better to construct the entrance with curbs at this time. There are provisions in the Oakdale plan to construct a trail. Bohrer does not believe that state aid funds were used on this particular project. The city was not notified until all the work was done. C. Review Hill Trail/Hill Trail Court Drainage Problem Bohrer tried to contact the Taylors on two different occasions, but has not been successful David Brown stated they are high enough and think with creative landscaping in the back yard they can solve the majority of their problems. Bohrer responded it would have to be determined if the land to be filled is wetland or not. Mr. Brown was asked to contact the Building Official and Planner as to permits necessary to fill between the house and the berm. D. Partial Payment #1 - 1995 Overlay Project, T.A. Schifsky - $237,846.04 Larry Bohrer reported T.A. Schifsky and Sons have completed all the overlay work and the city should be able to finalize the project in November. Bohrer recommended approval of Partial Payment No. 1 in the amount of $237,846.04. M/S/P DeLapp/Conlin - to approve Partial Payment No. 1 in the amount of $237,846.04 to T.A. Schifsky and Sons for work on the 1995 Overlay Project. (Motion passed 3-0). 9. CITY COUNCIL REPORTS: Councilman DeLapp reported that Sue Dunn talked to the Washington County Public Works Dept. about the landscaping to be done on County Rd 19 from the freeway up to the Regional Park. The County has run out of money for landscaping the parkway on 10th St, and deferred any possible planning of landscaping until 1997. DeLapp added that when County Rd 10 project came in, the County acknowledged the fact they were putting in a massive project, but would ameliorate it by doing some nice landscaping and we would be very pleased with their work. Council member Conlin pointed out that in the Washington County Parks and Open Space Commission minutes the Commission wants the county staff to seek help from the City of Lake Elmo in providing winter access to the Lake Elmo Regional Park. At no time was the City in favor of parking off of County Rd. 17, but requested the county to provide parking area. M/S/P Conlin/DeLapp- to direct the staff to draft a letter to the Washington County Parks and Open Space Commission indicating the City of Lake Elmo has no intention of assisting in this project; that it was presented to us by the County, and the Council did not favor parking off of County Rd.17. (Motion passed 3-0). Council member Conlin asked that the city extend the offer to the Planning Commission to attend the Sensible Land Use Coalition for Rural Development on October 25 at the Days Inn/Airport. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 11 10. ADMINISTRATION: A. Change time of November 7, 1995 council meeting On Tuesday, November 7, 1995, there will be City and school district elections and/or referendums in Mahtomedi, Newport, St. Paul Park, School Districts, 200, 622, 624, 831, 832, 833 and 834. Per State Statute MN 204C.03 Subd. 1 no school board, county board of commissioners, City Council, or town board of supervisors shall conduct a meeting between 6 p.m. and 8 p.m. on the day that an election is held within the boundaries of the school district, county, city or town. M/S/P Johnston/DeLapp - to change the starting time of the November 7, 1995 City Council meeting to 8:00 p.m. (Motion passed 3-0). B. Agreement for Auditing/Accounting Services, Tautges & Redpath The Council received a copy of the "Agreement for Auditing/Accounting Services" for 1996 submitted by Tautges, Redpath & Co., Ltd. The contract is similar to the 1995 contract except for rates that increased approximately 3.5%. M/S/P Conlin/DeLapp - to approve the 1996 Agreement for Auditing/Accounting Services as submitted by Taugtes, Redpath & Co., Ltd. (Motion passed 3-0). C. Resolution No. 95-55 Participation in Local Housing Incentives Account Program under the Metropolitan Livable Communities Act Administrator Kueffner provided information on the Local Housing Incentives Account Program under the Minnesota Livable Communities Act provided by the Metropolitan Council. Kueffner pointed out that the City is under no commitment or obligation if it chooses to participate in this program and recommends the resolution be adopted electing to participate in the Program. M/S/P DeLapp/Conlin - to adopt Resolution No. 95-55 participating in Local Housing Incentives Accounting Program under the Metropolitan Livable Communities Act. (Motion passed 3-0). D. Appointment to VBWD Administrator Kueffner reported there are two applications on file for VBWD position. Mary Hauser stated the County Board has no authority other than to make appointments. Kueffner suggested asking our legislators for presentation of a bill taking that authority and giving it to the city or township where it belongs. M/S/P Johnston/DeLapp - to solicit candidates for VBWD through the Newsletter and invite applicants that may exist or arise to the November 7th meeting. (Motion passed 3-0). M/S/P DeLapp/Conlin - to authorize the City Administrator to pursue seeking legislation for a new direction in the appointments of managers to the VBWD to benefit the residents as a whole rather than certain factions. (Motion passed 3-0). 8. CITY ATTORNEY'S REPORT: A. Landfill Cleanup Agreement Attorney Fllla reported he has met with the MPCA, representatives from Washington County and Ramsey County to talk about the agreement and changes in DRAFT Landfill Cleanup Agreement dated October 12, 1995. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 12 M/S/P Johnston/DeLapp - to authorize the Mayor and City Administrator to sign the following documents: ( Landfill Cleanup Agreement; Easements for Parcels A, C, D; Declaration for Parcels A, C, D; Waiver of claims; Agreement between the City and County; drafted October 12, 1995, unless they are changed in a substantial manner, agreement comes back to the City Council. (Motion passed 3-0). B. Junker Landfill Trust Agreement Attorney Filla recommended the Mayor and City Administrator sign the Final Draft of the Junker Landfill Trust Agreement. M/S/P DeLapp/Conlin to approve the Final Draft of the Junker Landfill Trust Agreement and direct the Acting Mayor to sign the agreement. (Motion passed 3-0). M/S/P DeLapp/Johnston - to adjourn the council meeting at 11:20 p.m. (Motion passed 3-0). -------------------- Resolution No. 95-51 adopting assessment for 1995 overlays Resolution No. 95-52 deferring assessment against Lot 11 Berschen Shores Resolution No. 95-53 approving detached garage to be placed closer to front property line than primary structure, Philip Tschumperlin, 9149 Lake Jane Trail Resolution No. 95-54 relating to the Washington County Landfill Resolution No. 95-55 Local Housing Incentives Accounting Program under Metropolitan Livable Communities Act 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 EXPERIENCE. IN ADDITION, SOME ITEMS MAY HAVE BEEN DISCUSSED AT PREVIOUS COUNCIL MEETINGS. ( IF YOU ARE AWARE OF INFORMATION THAT HAS NOT BEHN 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 T OCTOBER 17,1995 7:00 P.M. MEETING CONVENES PLEDGE OF ALLEGIANCE 1. AGENDA 2. MINUTES: OCTOBER3, 1995 3. CLAIMS 4. PUBLIC INFORMATIONAL 5. PARKS/MAINTENANCE DEPARTMENTS 6. PLANNING/LAND USE AND ZONING 7:15 P.M. A. PUBLIC HEARING: CASE V95-30 SIGN VARIANCE - LAKE ELMO BANK B. PUBLIC HEARING: CASE V95-31 - VARIANCE TO ALLOW A NON -CONFORMING STRUCTURE TO BE EXPANDED, AND VARIANCE TO SIDE YARD SETBACK APPLICANT: DAVID SCHWARZ, 10961 32ND STREET C. PUBLIC HEARING CASE V95-32 -VARIANCE TO SIDE YARD SETBACK APPLICANT: MARK EDLUND, 5431 HILLTOP D. RESOLUTION 95-53 APPROVING DETACHED GARAGE TO BE PLACED CLOSER TO FRONT PROPERTY LINE THAN PRIMARY STRUCTURE. E. OTHER 7:30 P.M. 7. CITY ENGINEER'S REPORT A. PUBLIC HEARINGS: ASSESSMENTS FOR STREET IMPROVEMENTS 42ND STREET FOXFIRE AND GREEN ACRES HIGIlLANDS TRAIL METERS PARK 32ND STREET 38TH STREET LAKE JANE TRAIL JANE ROAD TIPPER 33RD (WEST) RESOLUTION 95-51 ADOPTING ASSESSMENTS FOR 1995 OVERLAYS B. REVIEW STILLWATER BoELRvABD (CSAH 6) DRAINAGE PROTECT C. REVIEW HILL TRAB/HTLL TRAIL COURT DRAINAGE PROBLEM (OVER) D. PARTIAL PAYMENT # 1 - 1995 OVERLAY PROJECT T.A. ScxmsKY - $237,846.04 E. OTHER 8. CITYATTORNEY'S REPORT A. LANDFILL CLEANUP AGREEMENT (TENTATIVE) Ie7t�1T7 9 CITY COUNCIL REPORTS A. MAYOR JOHN B. COUNCIL MEmEER CONLIN C. COUNCIL MEMBER DELAPP D. COUNCIL MRimER HUNT E. COUNCIL MEMBER JOHNSTON 10, ADMINISTRATION A. CHANGE TIME OF NOVEMEER 7, 1995, MEETING B. AGREEMENT FOR AUDITING/ACCOUNTING SERVICES - TAUTGES & REDPATH C. RESOLUTION 95-52 PARTICIPATING IN LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT D. OTHER 11, AD.IOURN 12, CONVENE EXECUTIVE SESSION A. JUNKER LANDFILL TRUST AGREEMENT