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HomeMy WebLinkAbout10-02-79 CCMCITY OF LAKE ELMO, CITY COUNCIL MEETING, OCTOBER 2, 1979 Mayor Armstrong convened the meeting at 7:32 p.m. Councilors present: Mottax, Johnson, Pott, Morgan (9:30), also, Administrator Whittaker AGENDA: Changes - Delete 1979 City Code, List of Special Use Permits - refer to Planning Commission, Add fees - per Administrators list Add - City policy relating to traffic signs. Armstrong moved, seconded by Johnson, to approve the Agenda as amended. Motion carried 4-0. IVE CONNIE LEVI: Representative Levi enlisted the Council's views and in -put on several bills coming before the legislature. Armstrong stated he is in favor of the Agriculture Preservation Bill. This bill proposes a tax break to those agreeing to set their land aside for agricultural purposes for a period of eight (8) years, and allows this designation on non-contiguous parcels. Representative Levi asked the Council's reaction of putting the control of this bill under the State Department of Agriculture rather than the Met Council. Administrator Whittaker suggested putting the control in the hands of local governing bodies, as the bill provides no out - clause and, the designation goes with the land and not the owner. All problems or questions concerning the land would have to be resolved by the Met Council, but with local control it is feared municipalities would "buckle under" developement pressure. Rep- resentative Levi feels_ since this is a tax break from the state it should be a state or regional controlled agency. Armstrong questioned the Minnesota Estate Tan Valuation. No -provision is made in the text for valuation for estate tax purposes. Value should be set for agricultural value (provided the property is in agricultural preservation), Armstrong feels. Possibly a pro- vision stating a length of time the land must continue to be farmed in order to qualify for an estate tax reduction, could be included. Administrator questioned the defination of "Family Farm Corporation". Who does this include? Also questioned, was the City's . ability to levy any 'assessments against land in this designation, even though the owner may be benefitted or be the cause of the assessment, (eg surface water, roads or drainage water improvements). The City would like some provision to collect assessments after the 8th year or when the land is no longer in the preservation designation. Pott suggested that valuation be established on a County basis with .disputes being resolved by the State Agriculture Department. Admin- istrator Whittaker suggested that this bill be tied to municipal zoning, thus enabling communities to zone and plan ag land for the eight year period. This would allow communities to use this desig- nat:ion as a tool to use in planning surrounding services and uses. Rep Levi stated this was intended to be used as a municipal planning aid. Further discussion of assessing watershed projects - The City wants a provision that protects watershed projects, with working that assessment for watershed improvements be based on the permability of the soil.- Any further additions, suggestions, or alterations should be forwarded to Representative Levi. The City requested to be notified when this bill comes before the Legislature. Watershed Law - One of the principal problems has been the $200,000 limit set on projects the District can initiate. CITY COUNCIL MEETING, OCTOBER 2, 1979 -2- Representative Levi suggested giving the watershed some bonding authority. The Council felt this was a step in the right direction. Representative Levi complimented Valley Branch on their assessment` procedure: a procedure to work out a fair, equitable and accountable )method of assessing. She feels Washington County should not be 'shy' about requesting special legislation for up -front money for the District. She is presently talking with Ray Hagen, Hennepin County, to find out how to get local legislation and obtain this money for Valley Branch. Another complication of the Watershed Law, that creates additional expense is the assessment procedure. Administrator Whittaker feels they would have far less expense if allowed to proceed under 429, the Municipalities Assessment Statute. Whittaker also feels the levying ability of the district is too restrictive. Their hands are tied when it comes to ordering an emergency solution to a problem. Representative Levi attended a meeting with the Met Council, Metropolitian Legislatures, Senate, and "Interfacing Committee". Discussion included water management --'and the possibility of requiring a water management plan as a part of the Comprehensive Plan as an amendment to the 1975 Land Planning Act. Whittaker stated that if this is done, monies must be made available. The City's estimate was between $30,000 and $50,000 for a Water Management Plan. Representative Levi wanted the Council aware of this and would like feed -back. Mottaz stated )he thinks this is a good idea, but the financing question is of prime importance. Subdivision Bill The timetable in this bill fits into the time- table of Lake Elmo's Ordinance. The timetable is not a ,problem for Lake Elmo; but.the.requirement of mandatory approval if the City does not react is a problem. Administrator Whittaker suggested using the language in the Lake Elmo Ordinance. The time limit starts from the receipt of the last item of required supporting data, The Council agreed with the provision concerning amendment of a subdivision ,plat. This would allow the City to impose more re- strictive standards on a plat if it were not developed within a two year period after final plat approval. P`�Tax Law Changes ^ Looking for input. Coefficient of Dis �s cn ;Pena_ laity - This should be rethought, as it will greatly pen ize small towns. They do not have as many dispuersions to spread this over. Whittaker also suggested that the Department of Revenue provice information to Cities as to their share of State Aid and Homestead Credit in July or August. It is impossible to accurately figure them in the Budget when they are received ten days before the budget is due for approval, if at all. Bingo License Ordinance and 'Tree Program - The Council would like ( to see this Ordinance, and the me od used.to keep track of money generated by Bingo. Representative Levi suggested Lake Elmo review the Bingo Ordinances of North St. Paul, Forest Lake or Hugo. She also requested any information on 'tip` boards' be forwarded to her. City Council Meeting, October 2, 1979 -3- Representative Levi informed the Council that Lake Elm is one of the considered landfill 'sites for solid waste disposal. This was indicated in the final draft of the "Solid Waste Feasibility Report for Washington County". The Administrator will check this information and report back to the Council at the next meeting. No comments from the audience regarding expenditure of Federal Revenue Sharing Funds. Hearing Closed. '_;Armstrong moved, seconded by Pott,to adopt Resolution 79-49, authorizing the expenditure of Federal Revenue Sharing Funds on police services. Motion carried 4-0. VALLEY BRANCH WATERSHED- GEORGE HEDGES - PROJECTS 1003, 1004 and 1005: Mr. Hedges wanted to clarify the bill for Projects 1003 and 1004, and advise the Council how it can recover the $7,200 it has invested in Project 1005. Mr. Hedges express concern about the memo sent to the communities upstream,, requesting their share of the Admin- istrative Rand for Project 1005. The bill for Project 1003 was $13,279; and the bill for Project 1004 was $4,263.63 - Total $17,542.64. The District will send Lake Elmo a letter, including all invoices from the Engineer and Attorney, for these bills. $4,225.50 can be applied against the Data Acquisition and Survey Fund, reducing the total bill to $13,017.14. Mr. Hedges reviewed the Emergency Funds procedure, made available to communities within the District. He stated Lake Elmo has not yet applied for its share of the 1978 fund, but is aware the City still wants it. (Whittaker remined him the City had asked for it, May 22, 1979.) Mr. Hedges, using the fol- lowing breakdown, indicated this is has the City can recover the $7,200 expenditure for Project 1005: $17,146.17 1978 Levy from Lake Elmo 857.31 Emergency Fund. Share 16,288.86 $19,004.33 1979 Levy from Lake Elmo 950.22 Emergency Fund Share 18,054.11 $ 1,807.53 Emergency Fund Share for 1978 and 1979 4,255.50 Allowable deduction from Data and Acquistion Fund 1,200.00 Estimated amount recovered from sale of City pipe q7,333.03 Credit figure to be applied toward the 1979 pumping expenditure. (this leaves about $17,000 from Projects 1003 and 1004 for the City to pick-up) The Administrator their share of th e CITY COUNCIL MEETING, OCTOBER 2, 1979 Mr. Hedges stated that $4,225.50 would be picked up by the next project (such as Tartan Park). The Council wanted to know why all $17,342.64 could not be assessed as all the work should have been done towards completion of a project in the 1003 and 1004 area. LYLE DOERR: A. 201 Study - The County and surrounding communities met with a representative of the PCA. It was suggested that Washington County serve as a coordinating agency for thosacommmities desiring to do joint facilities planning. The PCA feels it would ease the administrative burden by combining communities; so it will grant 10 bonus points to joint planning efforts, on their priority ranking. To date eight communities have requested this joint planning. Al- though the County would act as the agent, each step in the process would be subject to local review, public participation and any decisions would be made by the local community. Consultants will be enlisted to fill in data the County does not have. Much infor- mation is already available and will be used in the preliminary work by the County staff. The staff will consist of a minimum of two full-time employees and two part-time employees, and whatever cunsultants are necessary. Presently there are five employees handling sewer within the Planning Department. Pott asked if any of the cocemuzities requesting joint planning are contiguous to Lake Elmo. Mr. Doerr replied Grant Township and Afton are involved. The application deadline has been extended to December 31 for those communities desiring to enter into a joint facilities planning program; originally it was October 29. Some extensions may be granted to separate communities because they have not received ( all their information. Lake Elmo is two months behind in receiving the data it needs in order to define its planning area and scope of study. Administrator Whittaker questioned whether the process and the meetings with these eight communities will not over -commit the County's resources. How does the County envision the public con- tact required for all these communities. Mr. Doerr did not feel this will place an additional burden on his staff or department. Pott questioned what the cost would be to Lake Elmo to completethe 201 Study, At the meeting it was estimated Lake Elm 's cost would be about $15,000. Mr. Doerr stated he feels the County could do the study for Lake Elmo for $25,000 per house or less. The Administrator estimated there would be about 400 units that would need scrutiny, for.a total of $10,000 plus administrative costs. The Council would like to see some non -conventional alternatives considered for Lake Elmo. Whittaker asked whether a Civil Engineer will be involved from the start; and how this engineer would be selected. Mr. Doerr said professional consultants would be used for specific areas when needed. At least two firms will be involved. one with substantial background in rural on -site design and one with experience with municipal type systems. Mayor Armstrong said the Council will take this under advisement and will let the County know what conclusions they reach. B. 15th Street Vacation - The vacation of 15th Street has been considered for some time, as maintaining it is a major problem for the City. The County is viewing it in light of the park program, and erosion control projects.in the park; and has de- termined 15th Street should be vacated. The Regional Park plan eliminates 15th as a through street. CITY COUNCIL MEETING, OCTOBER 2, 1979 -5- The County wants 15th vacated from the west park boundary to the east end of the County awned property (about 1/2 mile). The County ( Highway Department will construct a cul-de-sac on park property, as a temporary measure until the remaining properties are acquired. This project, if it meets with City approval, can be done this fall and head -off the spring maintenance problems of the past. Local residents appeared and expressed concern about access to their property, stating the road to the east is oftem impassible in the winter. The Council agreed to give priority to sanding and plowing this area. Armstrong moved, seconded by Pott, to set a hearing on the vacation of 15th Street for October 16, 1979, at 7:30 p.m. Motion carried 5-0. All residents on 15th, and those living on Keats between loth and Kelvin up through Trudeau and south to Section 23 will be notified. 1980 BUDGET: Discussion of additional revenue of $27,000. Pott suggested putting $20,000 into Reserves and use the remaining $7,000 to reduce the 1980 Levy. The Administrator cautioned the Council that by doing this, long term liabilities will be underfunded. Morgan moved, seconded by Pott, to put $20,000 of the surplus into the Reserves and take $7,000 to lower the targeted levy of $180,478 Discussion: The Administrator asked which reserve the $7,000 should cane out of. The $27,000 is figured in the $431,000. Morgan amended the motion to read the $7,000 will be taken out of the Planning Reserve. Motion carried 5-0. Pott moved, seconded by Morgan, that the Administrator and the Mayor be authorized, to sign and certify to the County, Resolution 79-48 establishing the levy for the City of Lake Elmo 1980 Budget for $173,478 or 9.0 mils whichever is less. Motion carried 5-0. PARK BUDGET: The Administrator told the Council they now have the status of the Park Budget to date and the effect on the Capital Projects Fund through the end of 1980. SNOW PLOWING CONTRACT: The City has received only one bid for snow plowing. The bid is from oeh]ke for $24/hr. Last year the cost was $20/hr. Armstrong moved, seconded by Morgan} to accept the bid from Cehlke at $24/hr. for snow plowing for the 1979/80 season. Motion carried 5-0. SANDER: Morgan did not feel the City should accept the new truck without the sander. Previous porblems with the hydraulics necessitate waiting for the truck to core with the sander installed. Whittaker said the City could withhold accepting the hydraulics until it is all field tested. 1979 CITY CODE: The Code and Fee Resolution will be ready on the 16th of October. CITY EMBLEM: Morgan moved, seconded by Armstrong, to place the new City emblem on the City trucks. The Administrator suggested the design of the Parks Department be used for the emblem. This met with Council approval. Motion carried 5-0. The Administrator will have some lay- out designs for Council review on the 16th. CITY COUNCIL MEETING, OCTOBER 2, 1979 -6- LANES DEMONTREVILLE HEARING: Armstrong moved, seconded by Mottaz, to set the hearing on October 16, 1979, at 8 P.M. for street vacations in Lanes DeNbntreville Country Club. Notion carried 5-0. SPECIAL USE PERMIT REVIEW: This was referred to the Planning Comission for review. LICENSES: Morgan moved, seconded by Armstrong, to approve the General Con- tracting Licenses for I. S. Tillges, 1671 Prosperity, St. Paul and Don Alberg, 1608 Manning Avenue, Lake Elmo; and a Heating License for Scandia Heating Co., 21260 Olinda St., Scandia. Motion carried 5-0. JOIN OFFT: The Administrator requested the Council authorize prosecution against John Offt for non-compliance with clean up order, per the City Code, of 11227 Stillwater Blvd. Armstrong moved, seconded by Horgan, to authorize the City __ to begin prosecution proceedings against John Offt, 8130 Hill Trail, Lake Elmo. The firm of Eckberg, Lam-aers, Briggs & Wolff, P.A. will represent the City. The Council does not want the law firm of Lawson, Raleigh and Marshall defending Mr. Offt either. Motion carried 5-0. PAYNE/OACE: Mottaz moved, seconded by Armstrong, that a Nuisance Complaint be filed against Merle Payne and Ralph Oace, to enforce the agreement ( the parties signed to complete work on private driveways, per City approval of requests. Motion carried 5-0. The Administrator will write the parties stating unless this work is immediately begun, the City has no alternative but to initiate this action. CIVIL DEFENSE: Mayor Armstrong referenced a letter to Lake Elmo inquiring about the status of their Civil Defense Program. Also, a letter from the Governer asking about energy crisis provisions for res- idents. These were taken under advisement by the Council. CLAIMS: Johnson moved, seconded by Pott, to approve Claims 79623 thrum 79653. Motion carried 5-0. MINUTES: To be approved October 16, 1979. ADJOURNMENT: Mottaz moved, seconded by Armstrong, to adjourn at 11:00 p.m. R79-49 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE EXPENDITURE OF ENTITLEMENT PERIOD 11 FEDERAL RFVFNUF SHARING FUNDS FOR 1980, FOR POLICE SERVICFS WHEREAS, the City of Lake Elmo is entitled to $26,384.00 in Entitlement Period 11 Federal Revenue Sharina Funds, for fiscal 1980; and, WHEREAS, the City of Lake Elmo held a proposed use hear- ing on the use of said funds on August 21, 1979, at 8:15 p.m „ after the required public notice; and, WHEREAS, the City of Lake Elmo held a budget hearing on the said funds October 2, 1979, after the required public notice and publication of the proposed budget; and, WHEREAS, the City of Lake Elmo contracts for police service with the Washington County Sheriff's Department and said De- partment meets all the requirements for entitlement funds: NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Lake Elmo that: The City Administrator is authorized to expend all Entitlement Period 11 Federal Revenue Shar.inq Funds, for 1990, for police services provided by the Washinqton County Sheriff's Department. ADOPTED, this the 2nd day of. October, 3.979, by the City Council, City of Lake Elmo, Washington County, Minnesota, .... _`'IG�ED: -� L TFiomas G, Armstrong, Mayor ATTEST: W r i p„r t t k"��natdZ ,�-- Laurence- S, N7h taT6r, City Administrator