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HomeMy WebLinkAbout04-03-79 CCMMinutes of the Lake Elmo City Council, April 3, 1979 Mayor Armstrong convened the meeting at 5:10 PM with the following Councilors answering roll: Mottaz, Morgan, Johnson and Pott. Also present, Administrator Whittaker and Engineer Bohrer AGENDA: Mottaz moved, Morgan seconded, to approve the agenda as amended. The question of the 'open meeting law' was raised, since the Council was meeting with the Valley Branch Managers for dinner, at Tartan Park. Armstrong reviewed Statute 471.705, meetings of governing bodies; open to public; and, as the agenda indicated where the dinner recess was being held there is no breach in the law. Additional amendments are the Engineers schedule for the Fire Hall Addition, recommendations on traffic counts and comments on the Irwin Court drainage problem. Also, a license application from Twin City Furnace. Carried 5-0. MINUTES: Mottaz moved, Johnson seconded to correct the motion on Tri-Star Final Plat, to read ..... to adopt Resolution 79-20, approving the Final Plat of Tri-Star Addition. Carried 5-0. Pott moved, Morgan -seconded to clarify the wording in the Insurance Program motion. ott.moved..... as the first $100 of any previously eligible medical bills. Carried 5-0. Mottaz moved, Johnson seconded to approve the minutes of March 20, 1979, as corrected. Carried 5-0. Armstrong moved, Johnson seconded to approve the minutes of March 29, 1979, amending paragraph 12 to read..... The Council. agreed that the fire siren could be used at any hour to call firemen. Carried 5-0. CLAIMS: A. Repair Costs - Mottaz moved, Morgan seconded to pay claims 791 and 791.from the Equipment Reserve. Carried 5-0. 130 Armstrong moved, Johnson seconded, to pay claims 79129 thru 79163. Carried 5-0. B. Mower - Morgan moved, Mottaz seconded to split the cost of the new mower between the Maintenance Equipment Reserve and the Park Reserve. Carried 5-0. C. Audit Adjustments - Morgan moved, Johnson seconded, to approve Resolutions 79-21 and 79-22 to carry out audit recommendations from last year. Carried 5-0. SURFACE WATER PLANS A. Aerial Topos - Quotes were received from Mark Hurd, Aero-Metrics and Martinez Ortho Mapping for completing the 2 ft. contours. The lowest quote was $7,550, for current maps, from Aero-Metrics. Pott moved, Morgan seconded to hire Aero-Metrics if they can complete the work in 60 to 75 days. The Administrator is to contact Mark Hurd if a 75 day deadline cannot be met by Aero-Metrics. Carried 5-0. Mottaz moved, Morgan seconded to appropriate monies from the Planning Reserve Fund for this project. Carried 5-0. Minutes of the Lake Elmo City Council, April 3, 1979 —2— SURFACE WATER PLANS B. Engineer Estimates — The estimated cost for the Surface Water Plan, with the City providing the topographic maps is $72000 to $99000. This includes areas tributary to Beutal Pond; but not those tributary to Lake Elmo. The cost for Eagle Point and its tributary areas will be $18,000 to $20,000. The Council will review this April 10, 1979. DINNER RECESS — TARTAN PARK WITH VALLEY BRANCH WATERSHED BOARD OF MANAGERS An informal discussion of Petitions 1003, 1004, and 1005 was held. Valley Branch cannot guarantee the City the projects will be ordered, once the studies are completed. Project cost is the primary concern of the Council; and serious consideration is being given to emergency efforts as a long term solution. SCHOOL DISTRICT 834 AND CIMARRON A. Cimarron Problems, Alternatives, Plans — Stephen Taylor, Gen. Partner ground Due to the high water table, Cimarron was experiencing water back up into their plant. Engineering modifications of the flowage to the absorbtion ponds has seemingly solved the problem. Bonestroo Engineering has ben contracted by Cimarron to study the plant°s capability of getting rid of excess water. Cimarron is in the process of obtaining a PCA permit for this modification procedure. B. 814 Problems, Oakland Jr. High, Alternatives 201 The Cimarron plant problems lead to temporary cut—off for Oakland Jr. High. The school is now hooked to the plant; and Cimarron feels confident they can handle the school in the future. The need to cancel the Cimarron/834 Agreement may not be necessary, a as indicated in Mr. Stephen Taylor's letter of February 27, 1979. The school can open in September with their present system and pump if necessary. An alternate for Oakland would be expansion of the drainfield. Mr. Taylor was requested to send the City a copy of the Bonestroo study t6..,use in our sewer planning. LARRY BCHRER — ENGINEER REPORTS A. Fire Hall — review of the proposed Fire Hall Addition schedule, September 30 has been set for completion. B. Traffic Counts — Areas marked on the City map are all State Aid roads with the exception of 43rd Street. A count on 43rd is needed to determine its use in order to set—up a graveling program. Johnson requested counters be placed at the two entrances of Cimarron. The Council agreed. Larry Bohrer will make this request to the County. C. Irwin Court Drains e Easement — Jansen — Hedges The He ges me w� h the Administrator and agreed to the easement / with the following stipulations: 1. The temporary construction easement be moved so that only 5 feet comes from their property; 5 feet from Jansen. Minutes of the Lake Elmo City Council, April 3, 1979 -3- C. Irwin Court Drainage Easement Cont'd ( 2. The clump of birch near the permanent easement is protected - or we pay for it. (They believe it will be easier to move some of Jansen's pines than to move or protect the birch). 3. The easement is for drainage purposes only. 4. The City enclosing the "flume" portion to decrease liability. 5. The City compensate them $2,000 for the easement. Bruce Folz requested a total cost estimate to give the developer. Larry Bohrer feels an estimate of $5,000 is minimum; but he will prepare a total estimate and compare labor costs of the City doing the work vs a private contractor. PZC RECOMMENDATIONS A. Moratorium Appeals - Washington 37 and Dayton -Hudson The Council reviewed Mr. Steven Schmidt's letter of March 30, 1979, indicating why the Washington 37 property should be exempt from the moratorium. Mottaz moved, Armstrong seconded, to deny the request of Washington 37 from the moratorium. Mottaz did not feel the estimate of hardship was sufficient justi- fication for exemption. The possibility that larger lots will be required by the new Comprehensive Plan is a major consideration. The additional surface water in a problem area is also a factor. - Willard Morton elaborated on the financial hardship this delay will mean to him. He feels the City's request for sewer hook-up to Cimarron delayed them, thereby making them subject to the moratorium. He feels this plat would have been approved had they not pursued this. Schmidt stated the City did give Concept Approval for one acre lots and this should be a consideration. Motion carried 3-2 Pott and Johnson voting nay. Morgan moved, Armstrong seconded to deny Dayton Hudson an exemption to the moratorium. Carried 5-0. STEINDORF VARIANCE Since the parcel existed before the Subdivision Ordinances, it is the opinion of the City Attorney that the variance cannot be denied. Armstrong moved, Pott seconded, to approve the Steindorf Variance, with only one buildable site. The Administrator is to instruct the City Attorney to draw up the necessary papers.for_Resolution 79-25. Carried 5-0. BREAK: 9:15 . VALI-HI DRIVE IN - SPECIAL USE PERMIT Morgan moved, Armstrong seconded to renew the SUP for the Vali-Hi Drive In. Carried 5-0 LICENSES: Morgan moved, Armstrong seconded to approve licenses for Ron's Sanitation, American Trenching and Excavating and Twin City Furnace. Carried 5-0. Minutes of the Lake Elmo City Council, April 3, 1979 —4— LICENSES — CONT'D: Morgan moved, Armstrong seconded, to amend the previous motion and include approval of haulers license for Ron's Sanitation subject to favorable recommendatim from the Washington County Sheriff Department, eg. no tickets for littering or over— weight. Carried 5-0. POLICE CONTRACT: Johnson moved, Mottaz seconded, to accept the 1979 Police contract for $48,238. Carried 5-0. CHARTER COMMISSION: Present Charter Commission members were contacted; all wish to remain on the Commission and keep it active. Armstrong feels the Commission has served its time, and the $1500 budgeted for it can be better used. The commission can be reinstated at any time by the Council. Pott moved, Armstrong seconded to adopt Resolution 79-24, a petition to the court to abolish the Charter Commission. Carried 4-1, Johnson voting nay. The Administrator will have the City Attorney draw up the necessary papers. Johnson moved, Armstrong seconded, the City write Representative Conn. Levi and Senator Jerome Hughes indicating the lack of a sunset provision in Statute 410.05. The State Legislature is requested to address and remedy this. Carried 5-0. 1979 TREE PROGRAM: State law requires the City have a forester.., The Council — its concern that $2,250 proposed by Chuck Beach was excessive. The Administrator will meet with Beach and discuss this amount and the Citys desire for no Elm or Oak Control Zones. BOCCI BALL: Morgan moved, Johnson seconded, to approve Resolution 79—�?3, requesting a free set of Bocci Balls from the State. Carried 5--0. FEE RESOLUTION: Since the new code has eliminated some fees the Administrator will have these in resolution form for the next meeting. MISCELLANEOUS: A. Additional pages were distributed for the Code Books. B. The Administrator notified the Council Lenny Anderson is challenging the tax value on his property. C. The Assessment Hearing Schedule and proposed roster on 1978 Pumping and the South West Area Street Improvement Plan will be ready for the next meeting. D. Youth Service Bureau — The City recognizes the value of this program but there is no money available for it this year; It will be considered in the 1980 Budget. E. New pick—up truck — this purchase is not in the Capital Plan. Mottaz suggested using the dump truck vs buying a new pick—up. The limited range of the truck radios is part of the problem necessitating another vehicle. A VHF frequency license was discussed. F. The Administrator is taking vacation time from May 28 to June 8. Minutes of the Lake Elmo City Council, April 3, 1979 -5- COUNTY 13 INTERCHANGE/I-94 The Administrator was instructed to write Charles Weaver, Chairman Metro Council and MR/DOT restating Lake Elmo's preference for the Washington County alternative; also the City requests the Met Councils justification for not choosing this alternative. COUNCIL REPORTS A. Councilman Pott 1. Fire Prevention and Control School is scheduled for May 39 4, 5. No more than five firemen will attend. Armstrong moved, Mottaz seconded to approve $50 per day plus registration, per man, to attend fire school. Carried 5-0 2. An Honorary Council Member, possibly selected from the Council Advisory Committee, was suggested as a means of giving individuals more exposure to City activities. The title should be changed, as they will have no Council privileges. Council took no action. 3. Listening Hour — The purpose of this suggestion is to be more responsive to the citizens of Lake Elmo. Committee meetings would be held informally in the evening or on Saturday, with one or two hours set aside for citizens to come and voice their views. The discussions and setting to be very informal, thus making the people feel more at ease about addressing the Council. Council took no action. B. Administration Committee 1. Purc asing Po 'cy — to be discussed at the next meeting. Morgan moved, Armstrong seconded to extend the meeting 8 minutes. Carried 5-0. 2. Surplus Equipment — Johnson moved, Armstrong seconded, to declare one broken tape cassette and one receipt machine, surplus property. The suggested value of these items is $25 and $75 respectively. Carried 5-0. 3. Code Prices — Johnson moved, Pott seconded to charge $20 per copy for the City Code; that one copy should be placed in the Library and that two copies be available for loan with a $20 deposit, in the City Office. Carried 5-0. 4. State Manager's Conference — Mottaz moved, Armstrong seconded, the City pay the Administrators expenses up to $150 for the State Manager's Conference, May 9-11. Carried 5-0. SPECIAL MEETING: The City Council will hold a Special Meeting April 10, at 7:30 PM. ADJOURNMENT: Mottaz moved, Armstrong seconded, to adjourn at 10:40 PM. R 79-24 RESOLUTION ( CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY ATTORNEY TO DRAFT A PETITION TO THE COURT ASKING FOR DISSOLUTION OF THE CHARTER COMMISSION FOR THE CITY OF LAKE EIMO WHEREAS, the citizens of Lake Elmo petitioned the District Court for a Charter Commission in 1974; and, WHEREAS, said Commission was established on July 51 1974; and, WHEREAS, said Commission drafted a Charter and brought it to a vote of the citizens of the City of Lake Elmo; and, WHEREAS, the citizens of Lake Elmo twice voted to reject the proposed Charter on April 27, 1976, and November 2, 1976; and, WHEREAS, many of the goals of the Charter Commission have been met through legislative action of the City Council; and, WHEREAS, the Commission has been relatively inactive for the past several ,years; ' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that: 1. It is the will of the City Council to abolish the Charter Commission; and to allocate the resources reserved for said Commission to other functions in the General Fund; and, 2. The City Council hereby authorizes and instructs the City Attorney to petition the District Court for the dissolution of the Home Rule Charter Commission for the City of Lake Elmo. ADOPTED this the 3rd day of April, 1979, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: Thomas G. Armstrong Thomas G. Armstrong, Mayor ATTEST: _i,aurence F. Whj "hkFr Laurence L+'. Whittaker, Administrator