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Home My WebLink About07-15-75 CCMAGENDA --CITY COUNCIL CITY OF LAKE ELMO, MINN. 55042 Meeting t� o be held Tue sd , July 1.5,1975. 5:00 P.M. -- Meeting convenes. Items for discussion: Emergency easement from property owners. Metropolitan Council Transportation Frame- work Chapter. Dog Catcher. 6:00 P.M. -- Recess 6:00 - 7:00 P.m. -- Dinner Hour --White Hat Restaurant. 7:00 P.M. -- HEARING -- Public Hearing on Improvements 8:20 P.M. -- Mike Federer--8350 -38th. St. No.--770-2609--IIome 224-7385--office Discuss water problem at 8350-38th. ST. 8:30 P.M. -- Purposed Oakdale -Lake Elmo--3M Research Center Environmental Impact Statement for consideration -- a joint powers agreement between Oakdale and Lake Elmo for the EI.S. (Oakdale as the designated lead agency). 9:00 P.M. -- Council Members discussion period. 9:30 P.M. --- Correspondence and Claims-- D. Mehsikomer Late addition to agenda 5:00 P.M.-- Gerald Beach, Forester and possibly Tom Benson from Battan-Timbers, to discuss burning -of diseased trees. John Mueller, Bldg. Inspector for Mr.Brandt, asking for Variance relating to minimum living area for building permit. 1 Target date for news items for Summer News Letter, July 16, 1975. All items to be assembled and turned into City Office. MINUTES OF THE LAKE ELMO CITY COUNCIL MEETING JULY 15, 1975 pg. 1 Meeting called to order at 5:04 PM by Mayor Eder. Present: Mayor Eder, Councilmen Abercrombie and Pott and Councilwoman Lyons. Absent: Councilman Shervheim (Vacation). Also present:Bldg. Insp. Mueller, Counsel Raleigh, Engineers Bonestroo and Noyes and Forester Beach.and PZC Chairman Johnson. Minutes: Correction on pg. 1 of the minutes of July 1-2. Name Peterson should be Patterson. Motion by Councilman Abercrombie 2nd by Councilwoman Lyons that minutes of the July 1,2 and 7 meetings be approved as submitted. Carried 4-0. Councilman Shervheim absent. Easements- Berschens & Moris:Motion by Councilman Pott 2nd by Councilwoman Lyons to accept the temporary easement from Charlotte M and Joseph Moris for temp- orary storage of water in Berschens' Pond and to instruct counsel to pre- pare substantially the same agreement with Berschens for a sililar ease- ment. Carried 4-0. 1 Hedges Easement:Motion by Councilman Abercrombie 2nd by Councilman Pott to approve the following conditions for the Hedges - Lake Elmo Agreement. 1.City to maintain an adequate system for the removal of water from Lake Jane whether by pumping or otherwise; 2. on condition that no heavy equip- ment be used for ditching and laying pipe across the Hedges property but rather that it be done by hand, labor; 3.Agreement will terminate Sept. 15; 1975; and 4.City to install; if necessary, a four foot walkbridge if trenching divides land to,impede walking in the area. Carried 4 - 0. Forester: Gerald Beach reported that in the last three weeks 45-55 new cases of Dutch Elm were diagnosed -involving about 100 trees. Some of the residents have not responded within the required 20 days but appear to be taking appropriate action. Batton - Timber:Requested possible approval for regulated burning of diseased trees on a once a week basis. Possibly stockpile from Monday to Thursday and then torch on Thursday to live up to the requirement for the destruction of diseased trees within 72 hours. Mr. Benson has been directed by the PCA to contact the local unit of government. Procedures were discussed. Mr. Benson to sumbit a specific procedure request through and with the approval of Forester Beach for council consideration. Metropolitan Transportation Development Guide Policy Plan: Motion by Councilwoman Lyons 2nd by Councilman Abercrombie to direct clerk to submit a request to Metropolitan Council for a public hearing in Washington County before adoption of this plan. Carried 4-0 CCto Opal Peterson. Mayor Eder recessed the meeting at 6:02 PM for dinner followed by the public hearing on the proposed public improvement necessitated by flooding. Mayor Eder reconvened the council meeting at 9:25 PM. Mr. Brandt: Bldg. Insp. Mueller, speaking for Mr. Brandt asked council about possible variance in house size. Motion by Mayor Eder 2nd by Councilman Pott to deny variance. Mr. Brandt should be instructed to conform to code or to process his request for a variance through the PZC. Carried 4-0. MINUTES OF THE LAKE ELMO CITY COUNCIL MEETING JULY 15, 1975 pg. 2 Bldg. Insp.:Motion by Mayor Eder 2nd by Councilman Abercrombie to approve $30.00 registration fee for building inspector to attend the quarterly meeting of the Washington County Building Inspectors Ass'n. Carried 4-0. Ferderer:Has previously complained about drainage problem he had. He has submitted letter with current appraisal of his problem in a letter dated July 15, 1975. Clerk instructed to forward a copy of the letter to the engineer. Pumping of Lake Jane to.Park Area:Comments. from several sources, requested that council consider extending the pipe pumping from Berschens Pond to new park property to reduce damag&ihe heavily wooded area of the park. A four hundred foot extension would help. Cost of additional pipe, if available, is estimated at $240. Motion by Councilman. Abercrombie 2nd by Councilwoman Lyons to approve extension on pumping line as soon as possible. Pumps will continue to run until extension can be installed. Cost of the additional piping will be charged to the park program. Carried 4-0. 3M Development:Mayor Peter.Graske, Councilwoman Myra Lobeck and Councilman Robert Hanson represented Oakdale in the discussion of common concerns on the subject project. Councilman Abercrombie presented Resolution R75-23, 2nd by Councilman Pott, to recommend the City of Oakdale as the lead agency for processing EIS relating to 3M Development. Carried 4-0. Councilman Abercrombie presented Resolution R75-24, 2nd by Councilwoman Lyons to accept Oakdale's proposal as amended. Carried 4-0. Planner: Dave Licht explained his "Application Request Procedure". Motion by Councilman Abercrombie 2nd by Councilwoman Lyons to provision- ally adopt the procedure subject to revision as may be determined by actual use of the plan. Carried 4-0. Wm Woodsworth:Clerk read letter from Mr. Woodsworth explaining that the Olson- Demontreville weir was actually on his property and not on an easement made out to the Town of East Oakdale. He requested letter indemnifying and holding him harmless in the event of an accident or injury incurred by anyone in the weir area. Clerk instructed to send copy of letter to counsel for investigation. Tennis Court:Motion by Mayor Eder 2nd by Councilman Pott to authorize counsel to take legal action against the bonding company and the contractor for failure to satisfactorilly repair the tennis courts constructed in 1974 and found to be defective in the spring of 1975. Carried 4-0. Oakdale Sewer Fund:Motion by Councilman Pott 2nd by Councilman Abercrombie author- izing clerk to settle with Oakdale for overpayment of funds to Lake Elmo by Washington County Auditor which belong to Oakdale. This.settlement to be made as soon as final reconciliation is agreed to. Carried 4-0. Flooding: Councilman Abercrombie presented Resolution R75-25, 2nd by Councilman Pott ordering Surface Water Control Project #1. Carried 4-0. Motion by Councilman Pott 2nd by. Councilman Abercrombie authorizing Mayor Eder to send letter to Ramsey County requesting that they hold back as much water on Silver Lake as possible to aid Lake Elmo during this emergency period. Carried 4-0. . 11 MINUTES OF THE LAKE ELMO CITY COUNCIL MEETING JULY 15, 1975 pg. 3 Motion by Councilman Abercrombie 2nd by Councilwoman Lyons directing clerk to write latter to Valley Branch Watershed re outlet from Horse- shoe Luke in support of 3M letter requestinj same. Carried 4-0, Clerk directed to attempt to otiain a set of plans or• a topal of the 3M area prior to golf course development. Claims: Motion by Councilman Abercrombie 2nd by Councilwoman Lyons to approve payment of claims 75382 75413. Carried 4 - 0 Correspondence:Letter received from Dale Henry, directed to Auto Owners Insurance Company indicating intent to file suit for damages resulting`from flood. Letter and contract received from MAPSI for animal. patrol. File turned over to Councilwoman Lyons for follow-up. Complaint received from Martha Emerson relative to what she believes to be illegal operations at the Lehmann Mushroom plant. She maintains that they are in violation of the fire code by allowing workers to maintain residence in the plant. ,Matter to be investigated by the fire chief and the building inspector. Clerk advised that each member of the council must give some deliberation to budget requirements for 1975. Adjournment:Motion by Councilman Abercrombie 2nd by Councilman Pott to adjourn at 12:13 AM. Carried 4-0. Donald Mehsikomer Lake Elmo City Clerk