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HomeMy WebLinkAbout02-06-79 CCMR-79 19 RESOLUTION CITY OF hAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING VALLEY BRANCH WATER- SHED TO UNDERTAIM TEMPORARY FLOOD CONTROL MEASURES FOR `IHE NORTHWEST PORTION OF THE VALLEY BRANCH WATERSHED DISTRICT. WHEREAS, the City of Lake Elmo has on 3 occasions pumped floodwaters from the Northwest section of the Valle Branch Watershed District at the expense of the residents bf bake Elmo only; and, .A WHEREAS, existing lake levels, ground water conditions, and snow cover in the area indicate emergency pumping may again he necessaryin the Spring of 1979; and, WHEREAS, permanent measures to alleviate this problem failed to be ordered by the Board of Managers, Valley Branch Watershed District; and, WHEREAS, a over. 60% part of the watershed tributory to Lake Jane is out side the corporate limits of the City of Lake Elmo; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as followst 1. The City Council requests that the Valley Branch Watershed District take appropriate action to provide tem- porary relief from the flooding in the Northwest portion of. the Valley Branch Watershed District watershed during Spring of 1979 and thereafter. This flooding ultimately results in damage within the City of Lake Elmo. 2. The Valley Branch Watershed District and the State Department of Natural Resources are hereby notified that the City of Lake Elmo considers the emergency pumping of Lake Jane to be a minimum necessary to protect the health and safety of the Lake Elmo residents in the Lake Jane Area. 3. That the City Council, by this Resolution and the petition for said project hereby authorized, requests that the Valley Branch Watershed District proceed, with all.s&4,h temporary flood control projects as they deem necessary to prevent future flood damage in the City of Lake Elmo frpm flood water in the Northwest area and to levy or access the cost thereof, in a fair and equitable manner throughout.the entire Northwest portion Watershed District, based on con- sideration of benefits received by any particular property , and the constitution to the flood problems caused by the present or potential use of various properties within that district. R79-14 4. That a copy of this Resolution be delivered forth- with to -the Chairman and Secretary of the Valley Branch Watershed District. Adopted by the City Council of the City of bake Elmo this the 6th day of February, 1979. I'rancis J, �o _i Acting Mayor l Attests 0.w�_zu i ( ( L,O LL-t e;-6 ." Laurence t, W i taker, Administrator Minutes of the Lake Elmo City Council meeting, February 6, 1979 Mayor Armstrong called the meeting to order at 7.40 p.m. with the following Councillors answering the rolls Johnson, Mottaz, Pott. Morgan was excused. If Administrator Whittaker was present. Attorney Raleigh and Inspector Kluegel were also present for a short time. Agendas Tri-Star plat was taken off the Agenda. Armstrong moved, seconded by Mottaz, that the agenda be approved. Motion carried 4•-0. Minutest Pott said the word"necessary"should be changed to "mandatory" when describing the fire hall at the landfill site. Johnson said. he and Mottaz had abstained on the conference for newly elected officials. He also wanted it clear that the right-of-way for frontage roads was at the curvature east of the intersection, not at the inter- section, Armstrong moved., seconded by Mottaz, that the minutes of the January 16 meeting, as amended, be approved. Motion carried. 4-0. Certificates of Appreciation - Dale Furstenberg and Gary Swansons Mayor Arm- strong presented. Certificates of Appreciation to the two lleputy.Sheriffs who serve the dity. Industrial Revenue Bonds, Lake Elmo Hardwood Lumbers David Kluender, the City's bond counsel, fr:3m Briggs and Morgan, presented the Frond Resolution for Industrial Development Revenue Note, Lake Elmo Hardwood Lumber, Inc. Project. Mayor Armstrong and Attorney Raleigh explained the City's risk and the effect of -these bonds for the applicant. Pott examined, the building playas for the improvement. The Council discussed the reduction In the total bond amount from the preliminary request, Del Alzen, accountant for Lake Elmo Hardwood Lumber, was present to answer questions. RESOLU`tTON R-22-11s Pott moved., seconded. by Armstrong, that the Council adopt Resolution R-79-11, the Bond Resolution for $820#000 in Industrial Development Revenue Note for Lake Elmo Hardwood, Lumber, Inc. , Project, Motion carried 4-0. Dave Schumann - Pierre's Body Shop/D.J.'s Body Shops Mr. Schumann advised the Council that he had purchased Pierre's Body shop at 8910 Hudson Blvd..; and. that he wanted a Special Use Permit to operate it. After some dis- cussion® Armstrong moved that the Council adopt RFSOLtTION R-79-12, granting a. Special Use Permit, subject to the Following conditions 1. The applicant submit a revised sketch plan showing location of buildings, parking areas for employees and vehicles to be serviced, lighting, fence, screening, landscaping, property with respect to highways; 2. The operation is subject to a maximum of six cars under repair at any one time; 3. The applicant provides 12 narking places: 2 for employees, 6 for cars under repair, 4 for customers; 4. Hours of operation will be 7 a.m. to 7 p.m., maximum; 5. The applicant provide towing services only for purposes of repair, not as a service independent of repair; 6. The permit be subject to annual renewal; 7. The permit is void if transferred or leased; 8. The applicant must apply for a separate Special Use Permit for a sign. Mottaz seconded the motion. Motion carried. 4-0. Minutes, Lake Elmo City Council, February 6, 1.979 pg. 2 Lights, Tennis Courts, Pebble Parks Whittaker advised. the Council that, after advertising: for bids per State Sta.tutue, that he had received only one bid of $14,839.00 from Lightning Electric. They had previously offered a quote in August, 1978, for $13,490; but, the contract could not be awarded. because of improper bidding proceedures. Pott moved, seconded by Mottaz, that the contract be awarded. to Lightning Electire subject to Councillor Morgan's approval. Armstrong and Johnson said they would like the lights timed, so they go off at 10100 p.m. Vote, 4-0, Motion carried. Colosimo Variances After learning that the wrong Variance had been granted, Armstrong moved, seconded by Mottaz, that a Variance from the require- ment that the home must be constructed on an improved street be granted to Grace Colosimo, for a five acre parcel that existed prior to the adopti)n of the Subdivision Ordinance on Gov't. Lot 5, Section 9. Notion carried. 4-0. Administrator Whittaker suggested the'City send. a letter to all the parties fronting on that unimproved street (Lot 8, Karuse's Add., extension of Jane Road. North); and suggest they petition for street improvements. The Council. agreed.. Sign, Demontrevil.le Highlands, Jim Hanson appeared bef)re the Council to request approval of a Special Use Permit to construct a real estate identification sign in Demontreville Highlands 6th Addition. Mottaz said. he objected. to billboards; and did not think the City should be granting sign permits when the State has been buying up signs to eliminate -them along highways. Hanson said the State did not control signs when they were on the property being advertised.. Johnson moved, seconded by Pott, that the City adopt RESOLUTION R-79-13 granting a Special Use Permit to construct a real estate identification sign in the Uemontreville Highlands 6th Addition, subject to the following conditions, 1. The sign be no larger that 8' X 210 ; 2. It be a non -illuminated sign; 3. It be removed at the end of two years; and if not removed by the owner, be removed by the City and charged back to the owner; and, 4. That, it meet all the other conditions of. the Zoning Ordinance relating to signs. Vote, Johnson,,Aye; Mottaz, Nay; Pott, Aye; Armstrong, Aye, Carried. Personnel Policies Whittaker advised the Council that the Federal laws now make 70 years of age the permitted mandatory 'retirement age; that -there are no mandatory State or Federal holidays; and that Veteran's Day is still the correct name for that holiday. Mottaz moved, seconded by Armstrong, that the Personnel Policies, as revised, be adopted. Motion carried. ( A copy of the complete policy is on file with the ��ity Administrator.) The Council agreed that the City insurance program would be the health insurance benefit. No employee would receive cash in lieu of inmrance unless special arrangements had already been made. The Council decided that employees in the maintenance department would qualify for a clothing allowance when they had successfully completed the probationary period. Attorney's Retainer Agrement' The Council agreed to accept the conditions set forth in the agreement prepared by the Administrator and the Attorney. Armstrong moved, seconded by Pott, to retain Dawson, Raleigh, and Marshal, P.A. as the legal Counsel per the terms of the agreement, with a $50,00 per meeting fee to be included. Carried 4-0. Copy attached to oringial minutes. Minutes, Lake Ul.mo City Council, February 6, 1979 pg. 3 14 Youth Service Bureau/Emergency Medical. Servicest Mayor Armstrong said he -thought the City should stay out of these businesses, as they would become a perpetual -tax burden; the City has no control over the fund- Ing formula or the programs. Paul Weiler, Director )f the Bureau, said the Bureau is negotiating with the community corrections for a funding formula. Mottaz moved that the City deny both requests for funds. In discussion, Weiler said the City could have an audit, that the Bureau would. be willing to enter into a purchase of service agree- ment; and that he felt it was important for services like this to be autonomous from government bodies, Armstrong seconded the motiono. saying he thoughtthey are worthy programs; but, agreeing with Mottaz that they ought to be funded by the jurisdiction they serve - or all local governments within the jurisdiction. Pott expressed his feeling that, perhaps, the School. District should control these if their juris- diction is .the same. Weiler said only one City within the district has refused, support en- tirely. ,Five of 7 gave 100%; Stillwater gave 50% of the request. Mottaz and. Armstrong agreed to amend their motion to include instructions that; that Administrator contact the County or School District and encourage area -wide planning, control and coordination of the two services. The Administrator is also to prepare a recommendation for the 1980 budget. Motion carried 4-0. Raleigh Farm Houset The Administrator is to write a letter to Washington County requesting they clean up the Raleigh farm house, that burned. last; year. City Engineering Consultants Johnson said he had reviewed the qualifications and, references of the engineers in some depth; and recommended TKDA because they had. more experience in parks, talked more about water management than strom sewers, and were , at least, otherwise equal of the other firms. Mottaz moved, seconded. by Armstrong, that the City enter into an agreement for engineering consultants with Toltz, King, Duvall, and Anderson, Inc. Motion carried 4-0. RESOLUTION 79-141 A Resolution urging temporary flood control improvements for the Northwest watershed for Spring, 1979. After discussion, the Council decided to limit this Resolution and the petition it authorizes to tem- porary improvements, to consider petitions for permanenet improvements after this project is under way; and to discuss watershed. plans and sur- face water management at their next meeting. George Hedges participated in the discussion. Armstrong moved, seconded. by Mottaz, that the City adopt Resolution 79-14 (attached to and hereby made a part of these minutes). Hedges mentioned that the Valley Branch Watershed District had levied for a planning fund; and. that some planning could be done with that; and later charged. back to a project. Motion carried 4-0, Valley Branch Watershed Advisory Committee: Mottaz moved, seconded by Armstrong, that Kirby Kennedy and. Chuck Taylor be asked to remain on the Committee. Motion carried 4-0. The Council instructed Whittaker to ask Paul Magnuson If he would also like to serve on the Committee. 208/2011 The Council agreed, that Whittaker's letter on 208 was satisfactory. The Council agreed to discuss 201 planning with the Metropolitan Waste Control Commission .February 20, 1979. Minutes, Lake Elmo Gity Council, February 6, 1979 pg. 4 Minnesota Jaycee Women Week in Lake Elmo& Armstrong moved., seconded by Mottaz, that the City adopt Resol.utian 79-15, proclaiming the week of February 11 17, 1979, Minnesota Jaycee Women Week in Lake Elmo. Motion carried 4-0. 1978-74 Planning Assistance Grants Armstrong moved., seconded by Pott, that the City adopt Resolution 7 -16, a Resolution requesting $3,997 in 1978-79 Metropolitan Planning Assistance funds; and authorizing the Mayor to sign the revised grant agreement for a total of $i1„249.00 in planning assistance funds. Motion carried. 4-0. The Council agreed. that it did. not want to transfer. 25% of its MSA (State highway aids) to a maintenance account. The funds will remain in the construction account. Parking on Lake Elmo Avenues Armstrong moved, seconded by Pott, that the City adopt Resolution 79--17, A resolution requesting the County establish a one hour parking zone on Lake Elmo Avenue from Upper 33rd to 35 St. No. on the east side; and a 15 minutes zone in front of the Post Office. Motion carried 4-0. Installer Licenses; Sewer Systems, Heating, Air. Conditioning, Refrigeration: Armstrong moved, seconded by Pott, that the licenses for the following firms be approved.s Sewer Installers - Bernard Meyer, Ken Seefert (Croix- l-and Excavating); Heating, etc. - The Snelling Company, Lake k'lmo Heating & Air Conditioning, Springborne heating ex Sheet Metal, Suburban Heating Co. Motion carried 4-0. The Council instructed. the Administrator to advise waste haulers that there have been complaints about blowing garbage; and bring in their license requests February 20, 1979- Administrator's Secretarys Pott moved, seconded, by Mottaz, that the Administrator be authorized. to hire Johanna M. Jakubowski as Secretary at_$3.60 per hour for up to 20 hours per week. Motion carried 4-0, (Notes Mrs. Jakubowski would not accept less than $6.00 per hour./ Hot hired.) :Personnel Policy, .Permanent Part-time employees Armstrong moved, seconded by Johnson, that the permanenet part-time employee be defined as an employee; working a regular schedule of over 2.4 hours per week. Motion carried 4-0. Extend. Meetings Pott moved., seconded by Armstrong, that the meeting be extended, to 10,50 p.m, Motion carried -0. City of Oakdales The Council agreed that Mottaz and Armstrong, should serve on a Joint Consultation Board with Oakdale. League Legislative Conferences The Council instructed Whittaker to go. MWCC Rural Area Task Forces The Council instructed Whittaker to see if Mr. David Prince wanted to serve on the Rural Area Task Force of the Metro. Waste Control Commission. Minnesota Cities Weeks Armstrong moved, seconded by Mottaz, that the City adopt Resolution 79-1.8, a Resolution of Participation in Minnesota Cities Week. Motion carried 4-0. Minutes, Lake Elmo City Council, February 6, 1979 pg. 5 Mottaz Trailers Mr. Mottaz said that it was his understanding, from reading the December 19, 1978, City Council minutes, that a trailer could be stored in an i°griculture zone as long as no one was living it it, and, that, therefore, he was no longer in violation of any City Ordinance. After some discussion, the Council agreed.. Assoc. of Metro. Municipalities The Council instructed Whittaker to see if Maynard Eder would still. represent the City on AMM. (Notes Mr„ Mder had, been an elected representative to AMM. His term expried May, 1978; and he no longer serves. Myra Lubeck represents this area.) Charter Commissions The Cosmcil instructed. Whittaker to; determine if Lloyd Shervheim is a memeber of the Commission or if he was simply the Council liaison. Claims Armstrong moved, seconded. by Mottaz, that claims 78978 to 79026 be paid. Motion carried.+-0. Fish house clean-upe The Council agreed that dumpsters on the lakes would be an invitation for everyone to just dump all junk; and that putting barrels near the .lake accesses where possible would encourage winter fishermen to clean up; but avoid the problem of dumpsters. The instructed 'the Administrator to get barrels out for the final weekend of the ice fishing season; and, encourage the Tri-.Lakes Association to post the c'leamup rules and season closing dates. Adjournments Armstrong moved, seconded by Johnson, that the meeting adjourn at 11s00 p.m. Motion carried 4-0.