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HomeMy WebLinkAbout09-07-99 CCMMINUTES APPROVED: September 21, 1999 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7, 1999 1. AGENDA 2. MINUTES: August 17, 1999 3. CLAIMS 4. PUBLIC INQUIRIES/INFORMATIONAL: 5. CONSENT AGENDA: 6. MAINTENANCE/PARIUFIRE/BUILDING: 7. CITY ENGINEER'S REPORT: A. Partial Payment for Tower Asphalt 8. PLANNING, LAND USE & ZONING: A. Comprehensive Plan Amendment — Stillwater Investment B. Appeal to Signage —Farmer's Union Co -Op Oil C. Twin Point Tavern Site Plan D. Homestead Minor Subdivision E. PUBLIC HEARING: Vacation of r-o-w for 25"' Street and Lisbon Avenue 9. CITY ATTORNEY'S REPORT: 10. CITY COUNCIL REPORTS: 11. UNFINISHED BUSINESS: 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT: A. School Speed Zone Study for Lake Elmo Elementary School on CSAH17 B. Letter from VBWD regarding Sunnybrook Lake Flooding Problems C. Resolution approving the proposed 1999 tax levy, collectible in 2000 and set date for budget public hearing. Mayor Hunt called the meeting to order at 7:00 p.m. in the City Council chambers. PRESENT: Siedow, Hunt, Armstrong, DeLapp, City Planner Dillerud, City Attorney Filla, City Engineer Prew and City Administrator Kueffner. ABSENT: Council member Dunn. 1. AGENDA M/S/P Armstrong/Siedow — to approve the September 7, 1999 City Council agenda, as amended. (Motion passed 4-0). 2. MINUTES: August 17, 1999 M/S/P DeLapp/Siedow — to approve the August 17, 1999 City Council minutes, as amended. (Motion passed 4-0). 3. CLAIMS M/S/P Armstrong/Siedow — to approve the September 7, 1999 Claims, as presented. (Motion passed 4-0), 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries —NONE 5. CONSENT AGENDA: NONE LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7, 1999 1 6. MAINTENANCE/PARK/FIRE/BUILDING: NONE 7. CITY ENGINEER'S REPORT: A. Partial Payment for Tower Asphalt Tom Prow reported in his memo dated September 3, 1999, that Tower Asphalt is nearly complete with 30" Street Reconstruction and the 1998 Overlays. Some of the trees on 30`h Street have lost their leaves early, so he will be monitoring diem. These trees have a two-year warranty. M/S/P Armstrong/DeLapp — to approve Partial Payment No. 6 for the 30°i Street Reconstruction and 1998 Overlays in the amount of $27,463.70 to Tower Asphalt. (Motion passed 4-0). 8. PLANNING. LAND USE & ZONING: A. Comprehensive Plan Amendment —Stillwater Investment This application has been tabled at the two previous City Council meetings pending expansion of the Findings of the Planning Commission recommended denial Resolution. Administrator Kueffner reported she has met with Mr. Arkell of Stillwater Investment concerning potential alternatives to the current proposal. Mr. Arkell and Betty Smith have formerly requested a 30-day extension of his application. (The 60-day City review period commenced on July 9, 1999 by our confirmation letter). Council member DeLapp pointed out that the Council has had no involvement in the conversations, only the staff, which is appropriate. M/S/P Armstrong/Siedow — to table the application of Stillwater Investment/Betty Smith for a Comprehensive Plan Amendment based on the request of Stillwater Investment for a 30-day extension of the City's review period. (Motion passed 4-0). B. Appeal to Signage — Farmer's Union Co -Op Oil Steve DeLapp has filed an appeal to the variances approved by the Planning Commission on August 9, 1999 for sign height, surface area, and number. The hearing regarding this appeal has been noticed to all parties for September 7, 1999. Council member DeLapp indicated the provisions of the variance section of the code is clearly stated. He did not agree with the Planning Commission that Farmer's Union for granting the sign variance showed an adequate hardship. Kevin Sexton, Manager of Farmer's Union, reviewed his August 9, 1999 memo that addressed the six required criteria for a variance. He submitted a list of members that comprise Farmer's Union and the Armstrong Farm was listed. When Council member Armstrong was asked by the City Attorney if she was part of the co-operative she responded, "not to my knowledge". Council Member Armstrong indicated a gas station has been a landmark in this location and would not be a big problem for the City. The site has been cleaned up, the sign on Manning is down from 15' proposed to 9' and the County 5 sign is similar to the FINA sign in front of Hagbergs'. She would go along with the Findings of the Planning Commission, but would like to revisit the sign ordinance. Mayor Hunt stated when the variance was approved for signage at the Citgo station there was an overriding issue of safety. There was 11-12 pieces of information that had to be processed at that intersection. The City was allowed by State Legislature, if it chose, to change amortize signs that didn't meet the ordinance. This was taken away from the City. We no longer have the ability to do that. He has looked at the zoning around this area and in Baytown, and this is the only commercial operation in the entire area. This commercial business will stand out and be seen coming from any direction. Attorney Filla explained the City has adopted Roberts Rules of Order so if a quorum of the Council is present, it requires a majority of the voters to pass a motion. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7, 1999 2 M/S/ Siedow/Armstrong - to affirm the Planning Commission decisions regarding the variances. M/S/F DeLapp/Hunt — to amend the motion to include, "with the exception of column support for monument side by the road be located within footprint of the sign". (Motion Failed 2-2:Siedow, Armstrong). M/S/F Siedow/Armstrong — to affirm the Planing Commission decisions regarding variances to Farmer's Union Co -Op Oil. (Motion failed 2-2:DeLapp, Hunt.) Since there was no motion approving the action taken by the Planning Commission, the decision by the Planning Commission stands. B. Twin Point Tavern Site Plan At its August 23, 1999 meeting, the Planning Commission unanimously adopted a motion recommending approval of this site plan for the construction of two small additions (total 1000 square feet) to this structure at the southeast corner of Laverne Avenue and State Highway 5. The site plan also proposes improvements to the site parking, circulation and landscaping. Prior to the Commission recommending approval of the site plan, it conducted a Public Hearing and adopted a resolution for approval of two structure setback variances from GB standards (from 50 feet to 42 feet in both cases) based on findings required by the Zoning Ordinance. The Village Commission had reviewed the Twin Point proposal and offered the Planning Commission its endorsement of the proposed Twin Point Site Plan (including the variances) as to consistency with the Old Village Plan and draft design standards. The Council commended, Dennis LaCroix, for being co-operative in complying with the design plan of the Village Commission. M/S/P Siedow/DeLapp - to approve the site plan for additions and site improvements to the Twin Point Tavern and Liquor Store based on Planning Commission approval of setback variances, and recommendation for approval of the Site Plan. (Motion passed 4-0). C. Homestead Minor Subdivision At its meeting of August 23, 1999, the Planning Commission unanimously recommended approval of this application to combine three existing platted lots of approximately .75 acres each, and redivide the resulting parcel into two lots of slightly over 1 acre each. A condition of the recommendation is provision by the landowner of new written drainage and utility easements along the revised common property line, and appropriate vacation of the existing platted easements along the property lines that will cease to exist. M/S/P DeLapp/Armstrong - to adopt Resolution No. 99-53 —A resolution approving the Minor Subdivision of Lots 12, 13, and 14, Block 1, The Homestead, as recommended by the Planning Commission. (Motion passed 4-0). D. PUBLIC HEARING: Vacation of r-o-w for 25°i Street and Lisbon Avenue This is a public hearing to consider a petition for right-of-way vacation for 25°i Street and Lisbon Avenue. Notice was published in the Stillwater Gazette and affected property owners were notified by U.S. Mail as required by State Statute. This issue was before the Council in 1996, and the action of the Council was to deny the petition to vacate the easements for 25`h Street and Lisbon Avenue. When the cluster ordinance is completed the City will notify the residents and revisit the conditions (Parcel A had linked to Parcel B for development.) if it is appropriate to proceed under those conditions with a vacation of any of the easements. A map showing the undeveloped rights -of -way petitioned for vacation was provided. It also shows the undeveloped land between Heritage Fanns and Eden Park. Tim Mandel, petitioner, read an analysis as to LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7. 1999 why this vacation should be granted. The two property owners of the undeveloped land have not signed the petition. Administrator Kueffner pointed out that the State Statute 412.851 guides' street vacations. That statute states "No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks published and posted notice. By the end of 1999, the City will complete the Comprehensive Plan. The future land use guide for the undeveloped Henning/Johnson parcel should be reviewed during this process. After a land use guide is determined, a comprehensive street plan will be made part of the overall Comprehensive Plan Mayor Hunt opened up the public hearing at 8:30 p.m. Gary Johnson, 13696 N. 30`s St. Cir, Stillwater, opposed vacating Lisbon until there are development plans for this property. He didn't know if he would ever develop his property. If he clustered, he would want the open space along Manning Avenue. He had to dedicate 30' to the City 5 years ago and asked what are the implications if 25th Street is vacated. Attorney Filla responded if vacated, 30' could be added to adjoining property owners. Scott McDonald, Attorney representing Dorothy Augustine, 2490 Manning Avenue, asked the City not to take any action until some development plans are submitted. Dan Meyer, 2389 Legion Lane N., has lived here for 18 months and likes the heavily wooded area blocking off the traffic. Does not want a through street. If the city vacated the r-o-w now, it would force the developer to create a development accordingly. Garold Felland, 2377 Legion Lane N., has lived 7 years in the Eden Park development, doesn't want a road behind him, nor traffic increased because he likes the rural setting. Becky Martinez, 2470 Lisbon Avenue N., supported the vacation because she is totally boxed in by three easements and a road. Mr. Martinez asked how is it serving a public purpose to put an alley behind nine houses. This will devalue the property considerably. It is a public detriment to the existing development by leaving these easements and asked to set time limits for development. Jim Egan, 2410 Lisbon Avenue N., stated if the street went through it would be a detriment to his driveway. The existence of 25°i Street is an alley and would not be in favor of making it a street. Gay VanPelt, 2461 Lisbon Avenue N., provided a picture of the cul-de-sac showing how close the driveways are to each other. Concerned about the area has hill and winding roads leaving blind spots. Safety concern with impact of more traffic on biking, rollerblading, and children playing Tim Mandel, 2479 Lisbon Avenue N., stated residents want to improve their property, but found because of the easements the loan value is not as high as estimated. He could not get a loan from the bank because the three easements around his property had devalued his property. If the easements were removed, the property values would stay high. M/S/P DeLapp/Armstrong — to direct the staff to prepare a resolution stating that vacating south 30' westerly of 25`t' Street serves no public good. (Motion passed 4-0). M/S/P Siedow/DeLapp —to direct the staff to call a public hearing for vacation of the unimproved rights -of - way of Lisbon Avenue and the westerly section.of 25'h Street. (Motion passed 4-0). The Council will walk the area and asked that elevation maps, map of the Augustine property, and input from Parks and Planning Commission to convince the city there is access to the Augustine and Johnson' properties. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7, 1999 4 M/S/P Armstrong/Siedow- to postpone consideration of the public hearing as it relates to the portion of 25"' Street East of Lisbon Avenue until the first meeting in November. (Motion passed 4-0). 9. CITY ATTORNEY'S REPORT: 10. CITY COUNCIL REPORTS: Mayor Hunt received the following: Invitation from Lake Elmo Bank to 3`d Annual Lake Elmo Community Day, September 25"', 8-Noon, Notice from the MN -WI Boundary Area Commission, St. Croix River Expo: Encouraging Stewardship, September 18"' Council member Armstrong reported taxes for 622 School District increased 10% and reminded voters of School Board Election on November 2" ". Council member DeLapp submitted to the City Planner the 1999 Digest of Examples, Ideas, and Resources on Smart Growth Sustainability. 11. UNFINISHED BUSINESS: Meeting for Aviation Policy, October 14', 7 p.m., Oakland Jr. H.S 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT: A. School Speed Zone Study for Lake Elmo Elementary School on CSAH17 On February 2, 1999, the Council adopted a resolution requesting Mn/DOT to do a speed study on Highway 5, between Klondike and Lake Elmo Avenue (CSAH17). Concurrent with the City's request was one from the school asking for a school speed zone on CSA1117. The City received a letter and school speed zone study for the Lake Elmo Elementary School from Wayne Sandberg, Washington County Traffic Engineer. A decision was made to deny a school speed zone in this area based on a number of factors stated in this letter. Administrator Kueffner pointed out no covered in this letter was a discussion on the flashing beacon that the City settled for a few years back when our request for a semaphore was denied for lack of meeting Mn/DOT's warrants. The City shares the cost of this flashing beacon with the school district and Mn/DOT provided and installed the used light. Jolene Servatius, Mn/DOT, said that this beacon is nearing its useful life and that Mn/DOT would not replace it when it goes out. She suggested that the light be controlled form the school so that it only flashes during school hours. M/S/P Hunt/Siedow — direct the City Administrator to send a letter to Washington County Commissioner, Bill Pulkrabek, indicating the School Speed Zone Study for Lake Elmo Elementary School is totally unacceptable, that we need to appeal the decision and request further consideration for a school zone. This item can be attached to a Village Commission agenda for its input. (Motion passed 4-0). B. Letter from VBWD regarding Sunnybrook Lake Flooding Problems The Council received a letter from the VB WD regarding a study of three flood -control alternatives for the Sunnybrook Lake Community. Administrator Kueffner has requested a copy of this report so that the City can see all three options that were considered. A copy will be sent to the Tom Prew and the Council for their comments. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7, 1999 C. Resolution approving the proposed 1999 tax levy, collectible in 2000 and set date for budget public hearing. The Council approved the levy at $1,298,301.00 and called a public hearing for the proposed property taxes for 2000 for Tuesday, November 30, 1999, 5:30 p.m., at City Hall. The Council will set up a future workshop to go over budget items that may need to be further reduced. M/S/P Siedow/Armstrong — to adopt Resolution No. 99-52, A Resolution approving the proposed 1999 tax levy, collectible in 2000 and setting date for public hearing for proposed budget. (Motion passed 4-0). The Council adjourned the meeting at 10:05 p.m Respectfully submitted by Sharon Lumby Resolution No. 99-52 Approving the 1999 tax levy, collectible in 2000 and setting date for public hearing for proposed budget Resolution No. 99-53 Approving the Minor Subdivision of Lots 12, 13 and 14, Block 1, Homestead Resolution No. PZ99-54 approving variances to signage for Farmer's Union Co -Op Oil LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7.1999 Special Meeting Agenda Lake Elmo City Council Lake Elmo Fire Department Saturday, September 25, 1999 8:30 A.M. Station 1 3510 Laverne Avenue Lake Elmo, MN 55042 The Lake Elmo Fire Department has invited the Lake Elmo City Council to tour the fire station and equipment on Saturday, September 25, 1999, at 8:30 A.M. Because there may be a quorum of the Council present at this meeting, this Special Meeting Agenda shall serve as public notice. This meeting is open to the public. Anyone interested in touring the fire station and seeing the equipment is encouraged to attend. • Page 1 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7, 1999 1. AGENDA 2. MINUTES: August 17, 1999 3. CLAIMS 4. PUBLIC INOUIRIES/INFORMATIONAL: 5. CONSENT AGENDA: 6. MAINTENANCE/PARK/FIRE/BUILDING: 7. CITY ENGINEER'S REPORT: A. Partial Payment for Tower Asphalt 8. PLANNING, LAND USE & ZONING: A. Comprehensive Plan Amendment — Stillwater Investment B. Appeal to Signage — Farmer's Union Co -Op Oil C. Twin Point Tavern Site Plan D. Homestead Minor Subdivision E. PUBLIC HEARING: Vacation of r-o-w for 25a' Street and Lisbon Avenue 9. CITY ATTORNEY'S REPORT: 10. CITY COUNCIL REPORTS: 11. UNFINISHED BL 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT: A. School Speed Zone Study for Lake Elmo Elementary School on CSAH17 B. Letter from VB WD regarding Sunnybrook Lake Flooding Problems C. Resolution approving the proposed 1999 tax levy, collectible in 2000 and set date for budget public hearing. Mayor Hunt called the meeting to order at 7:00 p.m. in the City Council chambers. PRESENT: Siedow, Hunt, Armstrong, DeLapp, City Planner Dillerud, City Attorney Filla, City Engineer Prow and City Administrator Kueffner. ABSENT: Council member Dunn. 1. AGENDA M/S/P Armstrong/Siedow — to approve the September 7, 1999 City Council agenda, as amended. (Motion passed 4-0). 2. MINUTES: August 17, 1999 M/S/P DeLapp/Siedow — to approve the August 17, 1999 City Council minutes, as amended. (Motion passed 4-0). 3. CLAIMS M/S/P Armstrong/Siedow — to approve the September 7, 1999 Claims, as presented. (Motion passed 4-0). 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries —NONE 5. CONSENT AGENDA: NONE 6. MAINTENANCE/PAR10F1RE/BUILDING: NONE LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7.1999 A. Partial Payment for Tower Asphalt Tom Prew reported in his memo dated September 3, 1999, that Tower Asphalt is nearly complete with 30'h Street Reconstruction and the 1998 Overlays. Some of the trees on 30'h Street have lost their leaves early, so he will be monitoring them. These trees have a two-year warranty. M/S/P Armstrong/DeLapp — to approve Partial Payment No. 6 for the 30'h Street Reconstruction and 1998 Overlays in the amount of $27,463.70 to Tower Asphalt. (Motion passed 4-0). 8. PLANNING, LAND USE & ZONING: A. Comprehensive Plan Amendment — Stillwater Investment This application has been tabled at the two previous City Council meetings pending expansion of the Findings of the Planning Commission recommended denial Resolution. Administrator Kueffner reported she has met with Mr. Arkell of Stillwater Investment concerning potential alternatives to the current proposal. Mr. Arkell and Betty Smith have formerly requested a 30-day extension of his application. (The 60-day City review period commenced on July 9, 1999 by our confirmation letter). Council member DeLapp pointed out that the Council has had no involvement in the conversations, only the staff, which is appropriate. M/S/P Armstrong/Siedow — to table the application of Stillwater Investment/Betty Smith for a Comprehensive Plan Amendment based on the request of Stillwater Investment for a 30-day extension of the City's review period. (Motion passed 4-0). B. Appeal to Signage — Farmer's Union Co -Op Oil Steve DeLapp has filed an appeal to the variances approved by the Planning Commission on August 9, 1999 for sign height, surface area, and number. The hearing regarding this appeal has been noticed to all parties for September 7, 1999. Council member DeLapp indicated the provisions of the variance section of the code is clearly stated. He did not agree with the Planning Commission that Farmer's Union for granting the sign variance showed an adequate hardship. Kevin Sexton, Manager of Farmer's Union, reviewed his August 9, 1999 memo that addressed the six required criteria for a variance. He submitted a list of members that comprise Farmer's Union and the Armstrong Farm was listed. When Council member Armstrong was asked by the City Attorney if she was part of the co-operative she responded, "not to my knowledge". Council Member Armstrong indicated a gas station has been a landmark in this location and would not be a big problem for the City, the site has been cleaned up, the sign is down to 9' and shorter than the Hagberg's sign, and the light will make it visible, She would go along with the Findings of the Planning Commission, but would like to revisit the sign ordinance. Attorney Filla explained the City has adopted Roberts Rules of Order so if a quorum of the Council is present, it requires a majority of the voters to pass a motion. M/S/ Siedow/Armstrong - to affirm the Planning Commission decisions regarding the variances. M/S/F DeLapp/Hunt — to amend the motion to include with the exception of column support for monument side by the road be located within footprint of the sign. (Motion Failed 2-2:Siedow, Armstrong). M/S/F Siedow/Armstrong — to affirm the Planing Commission decisions regarding variances to Farmer's Union Co -Op Oil. (Motion failed 2-2:DeLapp, Hunt: This is the only commercial zoned operation in this area and with the lights it would stand out for people to see.) Since there was no motion approving the action taken by the Planning Commission, the decision by the Pluming Commission stands. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7, 1999 2 B. Twin Point Tavern Site Plan At its August 23, 1999 meeting, the Planning Commission unanimously adopted a motion recommending approval of this site plan for the construction of two small additions (total 1000 square feet) to this structure at the southeast corner of Laverne Avenue and State Highway 5. The site plan also proposes improvements to the site parking, circulation and landscaping. Prior to the Commission recommending approval of the site plan, it conducted a Public Hearing and adopted a resolution for approval of two structure setback variances from GB standards (from 50 feet to 42 feet in both cases) based on findings required by the Zoning Ordinance. The Village Commission had reviewed the Twin Point proposal and offered the Planning Commission its endorsement of the proposed Twin Point Site Plan (including the variances) as to consistency with the Old Village Plan and draft design standards. The Council commended, Dennis LaCroix, for being co-operative in complying with the design plan of the Village Commission. M/S/P Siedow/DeLapp - to approve the site plan for additions and site improvements to the Twin Point Tavern and Liquor Store based on Planning Commission approval of setback variances, and recommendation for approval of the Site Plan. (Motion passed 4-0). C. Homestead Minor Subdivision At its meeting of August 23, 1999, the Planning Commission unanimously recommended approval of this application to combine three existing platted lots of approximately .75 acres each, and redivide the resulting parcel into two lots of slightly over 1 acre each. A condition of the recommendation is provision by the landowner of new written drainage and utility easements along the revised common property line, and appropriate vacation of the existing platted easements along the property lines that will cease to exist. M/S/P DeLapp/Armstrong - to adopt Resolution No. 99-53 — A resolution approving the Minor Subdivision of Lots 12, 13, and 14, Block 1, The Homestead, as recommended by the Planning Commission. (Motion passed 4-0). D. PUBLIC HEARING: Vacation of r-o-w for 25`h Street and Lisbon Avenue This is a public hearing to consider a petition for right-of-way vacation for 25th Street and Lisbon Avenue. Notice was published in the Stillwater Gazette and affected property owners were notified by U.S. Mail as required by State Statute. This issue was before the Council in 1996, and the action of the Council was to deny the petition to vacate the easements for 25`h Street and Lisbon Avenue and when the cluster ordinance is completed the City will notify the residents and revisit the conditions on Parcel A had linked to Parcel B for development if it is appropriate to proceed under those conditions with a vacation of any of the easements. A map showing the undeveloped rights -of -way petitioned for vacation was provided. It also shows the undeveloped land between Heritage Farms and Eden Park. Tim Mandel, petitioner, read an analysis as to why this vacation should be granted. The two property owners of the undeveloped land have not signed the petition. Administrator Kueffner pointed out that the State Statute 412,851 guides' street vacations. That statute states "No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks published and posted notice. By the end of 1999, the City will complete the Comprehensive Plan. The future land use guide for the undeveloped Henning/Jobnson parcel should be reviewed during this process. After a land use guide is determined, a comprehensive street plan will be made part of the overall Comprehensive Plan Mayor Hunt opened up the public hearing at 8:30 p.m LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7, 1999 Gary Johnson, 13696 N. 30°i St. Cir, Stillwater, opposed vacating Lisbon until there are development plans for this property. He didn't ]mow if he would ever develop his property. If he clustered, he would want the open space along Manning Avenue. He had to dedicate 30' to the City 5 years ago and asked what are the implications if 25" Street is vacated. Attorney Filla responded if vacated, 30' could be added to adjoining property owners. Scott McDonald, Attorney representing Dorothy Augustine, 2490 Manning Avenue, asked the City not to take any action until some development plans are submitted. Dan Meyer, 2389 Legion Lane N., has lived here for 18 months and likes the heavily wooded area blocking off the traffic. Does not want a through street. If the city vacated the r-o-w now, it would force the developer to create a development accordingly. Garold Felland, 2377 Legion Lane N., has lived 7 years in the Eden Park development, doesn't want a road behind him, nor traffic increased because he likes the rural setting. Becky Martinez, 2470 Lisbon Avenue N., supported the vacation because she is totally boxed in by three easements and a road. Mr. Martinez asked how is it serving a public purpose to put an alley behind nine houses. This will devalue the property considerably. It is a public detriment to the existing development by leaving these easements and asked to set time limits for development. Jim Egan, 2410 Lisbon Avenue N., stated if the street went through it would be a detriment to his driveway. The existence of 25" Street is an alley and would not be in favor of making it a street. Gay VanPelt, 2461 Lisbon Avenue N., provided a picture of the cul-de-sac showing how close the driveways are to each other. Concerned about the area has hill and winding roads leaving blind spots. Safety concern with impact of more traffic on biking, rollerblading, and children playing Tim Mandel, 2479 Lisbon Avenue N., stated residents want to improve their property, but found because of the easements the loan value is not as high as estimated. He could not get a loan from the bank because the three easements around his property had devalued his property. If the easements were removed, the property values would stay high. M/S/P DeLapp/Armstrong — to direct the staff to prepare a resolution stating that vacating south 30' westerly of 25d' Street serves no public good. (Motion passed 4-0). M/S/P Siedow/DeLapp —to direct the staff to call a public hearing for vacation of the unimproved rights -of - way of Lisbon Avenue and the westerly section.of 25'" Street. (Motion passed 4-0). The Council will walk the area and asked that elevation maps, map of the Augustine property, and input from Parks and Planning Commission to convince the city there is access to the Augustine and Johnson' properties. M/S/P Armstrong/Siedow- to postpone consideration of the public hearing as it relates to the portion of 25°i Street East of Lisbon Avenue until the first meeting in November. (Motion passed 4-0). 9. CITY ATTORNEY'S REPORT: 10. CITY COUNCIL REPORTS: Mayor Hunt received the following: Invitation from Lake Elmo Bank to 3'd Annual Lake Elmo Community Day, September 250i, 8-Noon, Notice from the MN -WI Boundary Area Commission, St. Croix River Expo: Encouraging Stewardship, September 18°i Council member Armstrong reported taxes for 622 School District increased 10% and reminded voters of School Board Election on November 2" d. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7. 1999 4 Council member DeLapp submitted to the City Planner the 1999 Digest of Examples, Ideas, and Resources on Smart Growth Sustainability. 11. UNFINISHED BUSINESS: Meeting for Aviation Policy, October 14"i, 7 p.m., Oakland Jr. H.S. 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT: A. School Speed Zone Study for Lake Elmo Elementary School on CSAH17 On February 2, 1999, the Council adopted a resolution requesting Mn/DOT to do a speed study on Highway 5, between Klondike and Lake Elmo Avenue (CSAH17). Concurrent with the City's request was one from the school asking for a school speed zone on CSAH17. The City received a letter and school speed zone study for the Lake Elmo Elementary School from Wayne Sandberg, Washington County Traffic Engineer. A decision was made to deny a school speed zone in this area based on a number of factors stated in this letter. Administrator Kueffner pointed out no covered in this letter was a discussion on the flashing beacon that the City settled for a few years back when our request for a semaphore was denied for lack of meeting Mn/DOT's warrants. The City shares the cost of this flashing beacon with the school district and Mn/DOT provided and installed the used light. Jolene Servatius, Mn/DOT, said that this beacon is nearing its useful life and that Mn/DOT would not replace it when it goes out. She suggested that the light be controlled form the school so that it only flashes during school hours. M/S/P Hunt/Siedow — direct the City Administrator to send a letter to Washington County Commissioner, Bill Pulkrabek, indicating the School Speed Zone Study for Lake Elmo Elementary School is totally unacceptable, that we need to appeal the decision and request further consideration for a school zone. This item can be attached to a Village Commission agenda for its input. (Motion passed 4-0). B. Letter from VBWD regarding Sunnybrook Lake Flooding Problems The Council received a letter from the VBWD regarding a study of three flood -control alternatives for the Sunnybrook Lake Community. Administrator Kueffner has requested a copy of this report so that the City can see all three options that were considered. A copy will be sent to the Tom Prew and the Council for their comments. C. Resolution approving the proposed 1999 tax levy, collectible in 2000 and set date for budget public bearing. The Council approved the levy at $1,298,301.00 and called a public hearing for the proposed property taxes for 2000 for Tuesday, November 30, 1999, 5:30 p.m., at City Hall. The Council will set up a future workshop to go over budget items that may need to be further reduced. M/S/P Siedow/Armstrong — to adopt Resolution No. 99-52, A Resolution approving the proposed 1999 tax levy, collectible in 2000 and setting date for public hearing for proposed budget. (Motion passed 4-0). The Council adjourned the meeting at 10:05 p.m LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 7, 1999 ACCOUNTS PAYABLE - AP4007 AP TRANSACTIONS BY VENDOR 3.43PM 09/02/99 City of Lake Elmo PAGE 7 ACCOUNT NUMBER BAT TAN AMOUNT MACHINE CHECKS 24.00 MANUAL CHECKS 0.00 MACHINE CHECKS 158,408.33 FINAL TOTAL 158,408.33 VENDOR NUMBER VENDOR NAME INVOICE DESCRIPTION LAKE EUIO CITY COMCIL SEPTEM4BER 7, 1999 MEETING CLAD4S TO BE APPROVED ACCOUNTS PAYABLE - AP4007 AP TRANSACTIONS BY VENDOR 3:43PM 09/02/99 City of Lake Elmo PAGE 1 ACCOUNT NUMBER BAT TRN AMOUNT 100 4220 42170 T907 81 58.58 MACHINE CHECKS 58.58 100 4220 43200 T907 51 9.22 MACHINE CHECKS 9.22 100 4220 44010 T907 91 2,500.00 MACHINE CHECKS .2,500.00 100 4310 44330 T907 63 100.00 MACHINE CHECKS 100.00 100 4130 42160 T907 53 75.43 MACHINE CHECKS 75.43 100 4220 42070 T907 83 750.00 100 4220 42070 T907 84 -459.00 MACHINE CHECKS 291.00 100 4310 42240 T907 55 212.89 MACHINE CHECKS 212.89 309 0000 46100 T907 5 2,500.00 MACHINE CHECKS 2,500.00 100 0000 34105 T907 36 100.00 - MACHINE CHECKS 100.00 100 4310 42240 T907 39 159.75 MACHINE CHECKS 159.75 100 4310 44080 T907 44 5,868.12 MACHINE CHECKS 5,868.12 100 4210 43000 T907 54 112,330.51 VENDOR NUMBER VENDOR NAME &00014 HEALTH EAST &00064 FRONTIER &00077 DAVID SPEGAL INVOICE DESCRIPTION FIRE/EMS SUPPLIES FIRE DEPT PHONES 1/2 FIRE HALL PAINTING PER BID &00084 AMERICAN PUBLIC WORKS ASN MEMBERSHIP DUES &00087 COUNTRY COFFEE, INC. COUNCIL BUDGET WORKSHOP &00174 ANOKA-HENNEPIN TECH COLLE FIRE DEPT TRAINING &00174 ANOKA-HENNEPIN TECH COLLE TUITION VOUCHER &00180 WARNING LITES PUBLIC WORKS STREET SUPPLIES &00203 DORSEY & WHITNEY LIP LEGAL FEES e &00204 OAKDALE LAKE ELMO HISTORI HISTORY BOOKS FOR RESALE &00205 EMERALD LAWN & LANDSCAPE CUT,TRIM 30TH ST BLVD &00206 AAA STRIPING SERVICE CO STREET STRIPING &00207 WASHINGTON COUNTY 1ST 1/2 POLICE SERVICES ACCOUNTS PAYABLE - AP4007 City of Lake Elmo ACCOUNT NUMBER BAT TRN AMOUNT MACHINE CHECKS 112,330.51 100 0000 32210 T907 56 2,405.11 MACHINE CHECKS 2,405.11 100 4310 44330 T907 58 37.96 MACHINE CHECKS 37.96 100 4310 42070 T907 62 20.00 MACHINE CHECKS 20.00 100 4520 42190 T907 70 38.02 MACHINE CHECKS 38.02 100 4220 42200 T907 82 44.67 MACHINE CHECKS 44.67 100 4220 44300 T907 85 3,045.00 MACHINE CHECKS 3,045.00 100 4150 41300 T907 22 273.67 100 4240 41300 T907 23 66.89 100 4310 41300 T907 24 198.54 MACHINE CHECKS 539.10 100 4150 44000 T907 13 52.52 MACHINE CHECKS 52.52 100 4220 44010 T907 78 114.65 100 4520 42200 T907 79 10.30 MACHINE CHECKS 124.95 100 4130 42160 T907 45 35.85 MACHINE CHECKS 35.85 100 4155 43000 T907 68 1,500.00 AP TRANSACTIONS BY VENDOR VENDOR NUMBER VENDOR NAME 3.43PM 09/02/99 PAGE 2 INVOICE DESCRIPTION &00208 QUALITY CHECKED CONST. REFUND 80% BLDG PERMIT FEE &00209 PRENTICE HALL PUBLIC WORKS SUBSCRIPTIONS &00210 SUBURBAN UTILITIES SUPERS 1 DAY WATER SCHOOL &00211 LESCO, INC. &00212 BATTERIES PLUS PARK SUPPLIES FIRE DEPT EQUIPMENT REPAIR &00213 ASSOC. HEARING OF MAPLEWO FIRE DEPT/HEARING AIDS 000001 AMERICAN MEDICAL SECURITY OFFICE PREMIUM 000001 AMERICAN MEDICAL SECURITY BLDG INSP PREMIUM OCOOOI AMERICAN MEDICAL SECURITY PUBLIC WORKS PREMIUM 000006 AMERICAN LINEN SUPPLY OFFICE BLDG MAINT 000037 ELMO'S LUMBER & PLYWOOD FIRE ➢EPT BLDG MAINT 000037 ELMO'S LUMBER & PLYWOOD PARK SUPPLIES 000040 FOUR SEASONS SERVICE BLDG EXPENSE 000042 F.X.L. MONTHLY ASSESSOR PMT t ACCOUNTS PAYABLE - AP4007 AP TRANSACTIONS BY VENDOR 3:43PM 09/02/99 City of Lake Elmo PAGE 3 ACCOUNT NUMBER 100 4220 42180 100 4130 42160 100 4240 43310 100 4150 42000 100 4220 42120 100 4310 42120 100 4520 42210 100 4150 41300 100 4310 41300 100 4310 42230 100 4520 42190 100 4150 43800 100 4220 43800 100 4310 43800 100 4316 43800 100 4520 43800 601 4940 43800 602 4945 43000 100 4270 41100 BAT TRN MACHINE CHECKS T907 90 MACHINE CHECKS T907 76 T907 77 MACHINE CHECKS T907 21 MACHINE CHECKS T907 73 T907 74 T907 75 MACHINE CHECKS T907 25 T907 26 MACHINE CHECKS T907 49 T907 50 MACHINE CHECKS T907 6 T907 7 T907 8 T907 9 T907 10 T907 11 T907 12 MACHINE CHECKS T907 1 AMOUNT 1,500.00 285.00 285.00 28.61 74.53 103.14 284.13 284.13 174.33 23.93 11.95 210.21 74.61 686.84 761.45 53.29 197.35 250.64 255.33 142.50 157.86 43.16 140.53 497.70 61.20 1,298.28 VENDOR NUMBER VENDOR NAME INVOICE DESCRIPTION 000052 G-WHIZ LETTERING, INC. FIRE DEPT UNIFORMS 000054 HAGBERGS COUNTRY MARKET 000054 HAGBERGS COUNTRY MARKET 000058 IRON 000075 LAKE ELMO OIL 000075 LAKE ELMO OIL 000075 LAKE ELMO OIL 000081 MINNESOTA BENEFIT ASSN 000081 MINNESOTA BENEFIT ASSN 000091 MENARDS 000091 MENARDS 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000112 NORTHERN STATES POWER 000139 MICHAEL SMITH COUNCIL EXPENSE BLDG INSP FUEL COPY MACHINE MAINT E SUPPLIES FIRE DEPT FUEL PUBLIC STORKS FUEL PARKS FUEL OFFICE PREMIUM PUBLIC STORKS PREMIUM PUBLIC STORKS SUPPLIES PARKS SUPPLIES OFFICE UTILITIES FIRE UTILITIES PUBLIC WORKS UTILITIES TRAFFIC SIGNAL UTILITIES PARK UTILITIES WATER FUND UTILITIES SEWER FUND UTILITIES ANIMAL CONTROL OFFICER ACCOUNTS PAYABLE - AP4007 City of Lake Elmo ACCOUNT NUMBER BAT TRN AMOUNT 100 4270 44150 T907 2 175.00 MACHINE CHECKS 1,105.00 100 4220 42070 T907 92 381.93 MACHINE CHECKS 381.93 100 4150 43510 T907 4 184.03 100 4150 43510 T907 69 10.83 MACHINE CHECKS 194.86 100 4320 43180 T907 59 7,053.80 803 0000 43180 T907 60 2,822.40 803 0000 43180 T907 61 362.40 MACHINE CHECKS 10,238.60 100 4150 43200 T907 27 440.92 100 4220 43200 T907 28 111.90 100 4310 43200 T907 29 100.80 100 4520 43200 T907 30 66.84 MACHINE CHECKS 720.46 100 4220 42180 T907 3 130.84 MACHINE CHECKS 130.84 100 4150 43200 T907 18 58.37 100 4310 43200 T907 19 14.19 100 4520 43200 T907 20 11.18 MACHINE CHECKS 83.74 100 4220 43200 T907 42 19.55 100 4310 43200 T907 43 29.09 MACHINE CHECKS 48.63 100 4310 42280 T907 80 1,621.79 AP TRANSACTIONS BY VENDOR VENDOR NUMBER VENDOR NAME 000139 MICHAEL SMITH 000147 SACHS, RICHARD, SR 000157 STILLWATER GAZETTE 000157 STILLWATER GAZETTE 000169 TMT RECYCLING, INC. 000169 TMT RECYCLING, INC. 000169 TMT RECYCLING, INC. 000183 US WEST 000183 US WEST 000183 US WEST 000183 US WEST 000204 ASPEN MILLS INC. 000231 AT&T 000231 AT&T 000231 AT&T 3:43PK 09/02/99 PAGE 4 INVOICE DESCRIPTION ACO VEHICLE FIRE CHIEF'S CONFERENCE EXPENS LEGAL PUBLICATIONS LEGAL PUBLICATIONS LAKE ELMO RECYCLING GRANT RECYCLING PINE SPRINGS RECYCLING OFFICE PHONE FIRE PHONE PUBLIC WORKS PHONE PARKS PHONE FIRE DEPT UNIFORMS OFFICE LONG DISTANCE PUBLIC WORKS LONG DISTANCE PARKS LONG DISTANCE 000232 AT&T CONSUMER LEASE SERV FIRE DEPT PHONES 000232 AT&T CONSUMER LEASE SERV PUBLIC WORKS PHONES 000261 BRYAN ROCK PRODUCTS INC PUBLIC WORKS GRAVEL ACCOUNTS PAYABLE - AP4007 AP TRANSACTIONS BY VENDOR 3-43PM 09/02/99 City of Lake Elmo PAGE 5 ACCOUNT NUMBER BAT TRN AMOUNT MACHINE CHECKS 1,621.79 100 4220 42070 T907 89 200.00 MACHINE CHECKS 200.00 100 4220 44010 T907 14 48.60 MACHINE CHECKS 48.60 100 4150 44000 T907 46 53.64 100 4310 42230 T907 47 53.64 100 4520 42200 T907 48 122.34 MACHINE CHECKS 229.62 100 4220 42200 T907 88 28.59 MACHINE CHECKS 28.59 100 4310 42230 T907 37 317.71 100 4520 42190 T907 38 74.98 MACHINE CHECKS 392.69 100 4150 42000 T907 71 65.85 602 4945 42070 T907 72 210.24 MACHINE CHECKS 276.09 100 4150 41300 T907 15 2,473.44 100 4240 41300 T907 16 794.80 100 4310 41300 T907 17 1,211.38 MACHINE CHECKS 4,479.62 100 4150 41300 T907 31 235.97 100 4240 41300 T907 32 53.06 100 4310 41300 T907 33 190.89 MACHINE CHECKS 479.92 100 4220 43200 T907 41 40.84 VENDOR NUMBER VENDOR NAME 000308 JAKE BUSH INVOICE DESCRIPTION FIRE DEFT-E.M.T. CLASS 000319 SACHS, RICHARD,JR FIRE HALL CLEANING 000409 MARONEY'S SANITATION INC. OFFICE DUMPSTER 000409 MARONEY'S SANITATION INC. PUBLIC WORKS DUMPSTER 000409 MARONEY'S SANITATION INC. PARKS DUMPSTER 000483 NORTHWOOD POWER EQUIPMENT FIRE DEPT EQUIPMENT REPAIR 000498 ZACK'S INC. 000498 ZACK'S INC. 000504 VISA 000504 VISA 000589 MEDICA 000589 MEDICA 000589 MEDICA 000590 UNITED WISCONSIN GROUP 000590 UNITED WISCONSIN GROUP 000590 UNITED WISCONSIN GROUP 000592 AT & T WIRELESS PUBLIC STORKS SUPPLIES PARKS SUPPLIES AOL SERVICE WASTEWATER TREATMENT SCHOOL OFFICE PREMIUM BLDG INSP PREMIUM PUBLIC WORKS PREMIUM OFFICE PREMIUM BLDG INSP PREMIUM PUBLIC WORKS PREMIUM FIRE DEPT CELLULARS ACCOUNTS PAYABLE - AP4007 City of Lake Elmo ACCOUNT NUMBER EAT TRN MACHINE CHECKS 100 4150 42000 T907 64 MACHINE CHECKS 100 4520 43860 T907 57 MACHINE CHECKS 200 4150 43200 T907 40 MACHINE CHECKS 100 4220 43230 T907 52 MACHINE CHECKS 100 4220 42200 T907 87 MACHINE CHECKS 100 4220 43060 T907 86 MACHINE CHECKS 100 4150 42000 T907 67 MACHINE CHECKS 100 4310 42210 T907 66 MACHINE CHECKS 100 4310 42230 T907 65 MACHINE CHECKS 100 4150 41300 T907 34 100 4310 41300 T907 35 AMOUNT 40.84 133.34 133.34 501.56 501.66 160.14 160.14 95.75 95.75 135.36 135.36 725.57 725.57 400.00 400.00 244.94 244.94 44.32 44.32 12.00 12.00 AP TRANSACTIONS BY VENDOR VENDOR NUMBER VENDOR NAME 3:43PR 09/02/99 PAGE 6 INVOICE DESCRIPTION 000603 ST.CROIX OFFICE SUPPLIES OFFICE SUPPLIES 000611 BIFFS, INC. PARK SATELLITES 000613 LUCENT TECHNOLOGIES OFFICE PHONE MAINT 000619 CAPITOL COMMUNICATIONS FIRE DEPT RADIO SERVICE 000707 EMERGENCY APPARATUS MAINT FIRE DEPT EQUIPMENT REPAIR 000709 MED-COMPASS, INC. FIRE DEPT EEPATITUS SHOTS 000727 UNITED STATES POSTAL SERV POSTAGE METER 000731 NORTHERN PUBLIC WORKS EQUIPMENT REPAIR 000741 LAMPERTS PUBLIC WORKS SUPPLIES 000783 NCPERS GROUP LIFE INS OFFICE PREMIUM 000783 NCPERS GROUP LIFE INS PUBLIC WORKS PREMIUM Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday September 7, 1999 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615 (fax) LakeElmoMK@aol.com E-Mail Please read: 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 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. Y � , s a 6:00 p.m. BUDGET WORKSHOP Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes August 17, 1999 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. 5. CONSENT AGENDA: 6. MAINTENANCE/PARK/FIRE/BUILDING 7. CITY ENGINEER'S REPORT: Tom Prew A. Partial Payment for Tower Asphalt B. 8. PLANNING, LAND USE & ZONING: C. Dillerud A. Comprehensive Plan Amendment — Stillwater Investment B. Appeal to Signage-Farmer's Union Co - Op Oil C. Twin Point Tavern Site Plan D. Homestead Minor Subdivision E. PUBLIC HEARING: Vacation of r-o-w for 251h Street and Lisbon Avenue 9. CITY ATTORNEY'S REPORT: Lake Elmo City Council Agenda September 7, 1999 Page 2 10. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong D. Council Member Siedow 11. UNFINISHED BUSINESS: A. Stonegate Trails B. Trail Maintenance Policy C. Agreement with OPH for grading And snowplowing east half of 55'h St. D. Contract for Building Inspection Services (1-5-99) E. Lake Elmo Diary -.Add to Work Plan F. Invite Jolene Servatius, MnDOT to Meeting (2-2-99) Council was asked to send its issues to the Administrator before a workshop date is set. G. RFP for Attorney (Criminal) H. Cat Ordinance 1. E-Mail Transmission J. Staff Review on deserted house at 8961 37`h Street K. Upgrade of City Hall L. Open Space Ordinance 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT A. School Speed Zone Study for Lake Elmo Elementary School on CSAH17 B. Letter from VBWD regarding Sunnybrook Lake Flooding Problems C. Resolution approving the proposed 1999 tax levy, collectible in 2000 and set date for budget public hearing Budget Public Hearing: November 30th, 5:30 p.m.