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HomeMy WebLinkAbout11-20-79 CCMCITY OF 7 KKE ELMO CITY COUNCIL MEETING, NOVL+MBER 200 1979 Mayor Armstrong convened the meeting at 5:04 p.m. The following councilors were in attendance: Morgan, Pott, Mottaz and Johnson. AGENDA: Additions: Street vacations — Petition from Michels to vacate East Shore Lane and request from Hedland and Offt — City pur— chase the lot it vacated and resell it to them, thus bypassing the County Auction. Set public hearing for the Thompson Variance. Miscellaneous — review, testing the water tower paint, soil borings for the Maintenance Building, Woodbury request for removal from t he I-94 Challenge Committee, painting remainder of the Fire Hall, typewriter, and health insurance. Also, at 6:30 tour of the new ]ire Hall Addition. Armstrong moved, seconded by Morgan, to approve the agenda as amended. Motion carried 5-0. MINUTESs October 16, 1979 °- under Claims, motion seconded by Mottaz. Pago 6 — Code, delete religious representatives. Paragraph 59 outside storage, delete storage time 6 months. Morgan moved, seconded by Pott, to approve -the minutes of October 16, 1979, as amended. Motion carried 5-0. November 6, 1979 — Page 3 under Lanes DeMontreville — should. read, "Ken Isaacson said, several years ago the City....,...." Page 7 — need copy of the resolution from the Jaycees for Ski Trails in Sunfish Park. Johnson said to use the 1978 resolution, if possible, as 1979 resolution will be the same. Page 8, Projects 1003 and 1004, Paragraph 5 -- delete "up to" in line 2. Page 7, Trail Grooming — this ,grooming will be done with or without a DNR ,grant. Delete,"based on the rates the DNR reimburse the City for", line 4. Armstrong moved, seconded. by Morgan, to approve the minutes of November 6, 19799 as amended. Motion carried 5-0. CLAIMS: Addition — Water Tower Painting, paYment of j'% 000 of the A360 bill. This is subject to the Engineers checking out the paint job. The Administrator wrote a, check for $750, for the Fire Department Radios. The Fire Chief is checking them out, with. the'crystals and reeds they have in them; when the new .reeds arrive they will be checked over again. Morgan moved, seconded by Armstrong, to approve Claims 79767 thru-79810 as amended. Motion carried 5-0. The Council agreed the claim for an injury to a fireman (sawdust - in his eye) received at a fire should be handled as has been done in the past. The bill from Bob Close is the final bill for the Sunfish Park plan. The Planner will send. a breakdown of their hill. The Attorney will itemize the things that come under his retainer. The Administrator feels some of the billed items should be covered by the retainer. LAKE' ELMO CITYCOUNCIL MEE,'TING, NOVEMBME 209 1979 —2-• ART SCTIAEF'ER, JR., COUNTY COMMISSIONER Regional Park — The Council asked the status of the launch designated in the south/west corner of Lake Elmo and also the type of boats the planner is suggesting for 12 boats the lake will handle. Commissioner Schaeffer said he thinks the planners were referring to runabout type boats. The Council .repeated it concern about high horeepowered boats on the lake and want the launch designed to restrict their access, The Council does not feel this is an unreasonable request as any design limits a type of -use; and this should be addressed before the park is opened.. Pott suggested that if the Council does not want water skiing on -the lake and design an access to restrict this, their should also be an ordinance prohibiting water skiing on the lake. This would make the regulation applicableto all, lakeshore owners as well as non—lakeshore owners. Mottaz feels water skiing is not compatable with any other use of the lake; but does not feel at this point such an ordinance is necessary and control can be exercised by not providing a facility to launch ski boats. Pott said if the City had an anti —water skiing ordinance the idea of the carry— over access may be easier to sell to the park planners. Armstrong feels the same type of access would be constructed even with such an ordinances and the City would be left with policing and enforcing the law; design of the access is the key. Morgan feels the planners are making this park much more active than its definition of "park reserve". Ile feels the City must keep pressuring to keep all uses as passive as possible, and make the park an asset to the City rather than a liability. The Administrator sad the City has some responsibility to the lakeshore owners as they will bear the brunt of cleaning up after park users. Again' enforcement of regulations is a, major question; design of the access is imperative, the law won't help. The Council restated its desire for access to the park from County 17. Thane Tiudeau suggested contacting, Bob Notherout or some Met Council Representative to attend a meeting. has indicated in the past the desire for local input to set up programs to run these regional parks. Johnson feels the meeting the City had with Brauer and the County adequately explained, what the City wanted and suggested those alternatives to presented. to -the consultant end request detailed concepts of how those can be accomplished. They are there to present alternatives, not ,just one concept. The City wants to be involved as planning continues for the park. Presently, there is much confusion who to contact with questions or problems, the City requests the County Board, the consultant or•,**00ver is -responsible fbr decisions to'keep the City of Lake Elmo informed of all phases of deve-topment. ART SCHAEFER — COUNTY COMP'CiSSIONER; B. Youth Service Bureau Grants — The County has appropriated �09000 to sd .5,000 fmr'the Youth Service Bureau, with the stipulation they would match local dollars at $.55 on the dollar. None of the communities were aware of this before they did their budget. Consequently the City has undersubsidized the bureau because the City only gave half"of the dollars tkie'.: Youth, Service asked for. The City gave the amount it did because it felt it was the wrong body- to be subsidizing it; but the County is additionally penalizing this bureau because the City was unaware of the County°s position on it. The Administrator explained that the Council's position has been that the issue is not what percent the County match should be, but who should do the 'total subsidizing. The Council feels it does not have the resources or the staff to evaluate what a Youth Service does, how their fit into.the other County pro— grams like juvenile court system, family services, welfare, etc, The County has the staff to evaluate this and 'the ability to tax the people "to provide this service and the proper plane for the subsidities to be considered and the control to come from is the County. Local communities should not be in this business. The motion granting this years appropriation stipulated -this is the last year the City will authorize funds and. calls for the County to eraly ate where Youth Service Bureaus belong .in the government structure and who should provide the funds for support. Pott said there is a connection between the bureaus and school districts, therefore, when it comes to subsidizin% the districts should be included for whatever reasons their boundaries are being used. Commissioner Schaefer stated he agreed with -the City°s position. The County will:'be; getting together with the school district and try to work out a, cost sharing program between the district and the County. He believes the total program belongs in the: County°s lap. C. W Subs dies — The Administrator reviewed why the City does not feel it should subsidise ambulance service. The County has a full—time Community Health Department that is involved in setting the standards for these ambulance services, service areas, types of equipment, types of training and the City has nobody that evaluates any of this. Two problems with the County giving its subsidy to the 14 or so communities and requesting -they get together and decide what they are going to do with the money are 1) each community has it own rescue unit and questioxs why give any of it to Stillwater Ambulance, each will want a portion for it own rescue unit, and, 2) the County had a formula that told them what they wanted to provide in -the way of subsidized ambulance service. In effect the County has already split this money in a 80/20 fashion, $40,000 to ambulances and $209000 to rescue. This whole formula was deatroyed by turning this money over to the Cities and telling them to do what they want with it. Pott does not feel this idea of the cities deciding where -to assign this money is all bad. He feels the ambulance service can make it without being subsidized. The problem is that the ambulance services around us are being subsidized, therefore, ..h— ENS Subsidies — continued — bake Elmo is being pressured into doing the same thing. Fie would like to see the money the County has given these communities divided equally. Whittaker said the principal reason for subsidy was because some people cannot afford to pay. This should riot be a Citys° problem and can be handled through welfare or Medicare. The present program is subsid.izing'ineffieiency. Some communities are providing more service than they can economically afford while others are providing none. The County should have control if they are going to subsidize them. Now, no one has control. Pott repeated his previous statement of equal. distribution, and feels this should. be done according to population, not mill rate. The Administrator will write a letter to the County and involved Gommilnities stting the City°s position. 1—r) — Commissioner Schaefer said the County Hoard is considering retaining a lobbyist, Tom Ryan, 'for the purpose of recovering the monies expended by the involved communities and the county in the I-94 lawsuit. These monies would be recovered from the let,rislature. POLICIES: A. Water Surface Use Committee — Bob Peterson questioned. whether the Council desired the committee be abolished. Z"..^e Administrator said. the Council still would like recommendations for the regulations; the enforcement power would come from standing committees and staff. Mr. Peterson £eels committee members, on the lakes, are more aware of problems. These people can be called when problems arise on the Lakes, rather than calling City officials, Armstrong agreed with this intent, he sees this committee as functioning independently$ making recommendations to the Council and receiving information as pertains to this committee, yet, not one that reviews, matters for Council consideration. The Administrator said the way to structure this and be assured everyone knows what they are doing is to say the committee is there to develop regulations for the City Council to act on. Enforcement will be done by existing ,groups, He feels a committee that does not meet regularly and does not function as part of the bureaucracy will complicate the process. Problems can be handled at ,City Hall through the Building Inspector, Engineer.' or staff. .Non —lake residents should serve on this committee as they also use the lakes and may find problems with the regulations. The DNR wants the City to hold a hearing on these regulations. It is in the best interest of the City to have feed -back from non —lake residents. The Council agreed the committee should continue work on the regulations and also suggest non-lakeshore residents to serve on the committee. A. Water Surface Use continued - Armstrong ma+red, seconded by Pott, to authorize the Administrator to draw up scope of direction for the Water Surface Use Com- mittee and advertise for four (!.,) more committee members. Motion carried 5-0, 9110MAS THOMPSON VARIANCE; The Council reviewed the summary of action and the position to date, The Planning Commission tabled any recommendation and asked. the Council how far they are willing to vary a standard, as the property owner has Only 37% of the requirement. The ordinance permits them to go ahead wi'thbut 'a variance if they have 60916. The Administrators suggestion to the Planning Commission was the policy possibly should be that they have two draintfA9 sites, have adequate public access,,or access guaranteed for emergency vehicles and this be tied" to the lot size in the neighborhood. They would have to meet 90% of the average lot size in Lanes DeMontreville, this is as far as it could be varied. Mottaz said the situation in Lanes DeMontreville Country Club is unique. In order to live with the situation. there has had to be many exceptions. When this property was pur- chased the minimum lot size was 189750 in order to build. Money has 'been invested with these rules and if there is no possible way to correct this than the City should have to give alittle. He does not feel this is establishing a precedent that allows people to build on e,,l:ot meeting 37% of the ordinance. This is a special unique dtuation and the Council should be willing to give some in order to solve it. The Administrator said Talcott, to the back of the Thompson Property has excess land area. If Thompson could pick-up additional land, through the vacation of Argyle, he would be close to the 60/ or 909/6 of the average lot size in the area. The average lot size of adjacent property is 24*900 sq. ft. Thompson's lot is 24,000 sq. ft. The average for the lakeshero lots north of -Thompson in Laney Demontrevi°lle is 369000 sq. ft. Armstrong agrees with the 90/ average, feels two drainfied sites is a, must, and will waive the one acre area for septic if two drainfield sites can be boated, also the bet -back could be varied to within 5 feet of the lot line. Mr, LaMott questioned if the second drainfield site would have to meet the set -back requirements. Armstrong said this could be varied. This could be varied from lot lines, not from lake - shore or the well. Pott moved, seconded by Mottaz, to grant the following variances to Thomas Thomps6h provided-the'following'_oonditions'are met: 1) A variance from the requirement that a platted parcel, that existed before the adoption of the City Code must meet 60'/o of the lot area and width requrementsg subject to Vair having 903u of the average lot area of other parcels in the subdivision. 2) A variance from the requirement that the .lot must front on an improved public street; subject to their assurance that they will keep to K private drive open for emergency vehicles, at all times, 3) k variance from the requirement that9shey must have one acre of land suitable for drainfields; subject to the condition. ,that thr demonstrate to the City Sewer Inspector that tyr Have -two sites that are suitable for drainfields that would serve at least a three bedroom home, 4) A variance permitting 5onstruction:of. a drainfield no closer then five feet from the street right -of --way, if neces- sary to get two drainfield sites. Notion carried 5-0. DINNER BREAK: Bents Elmo Inn RECONVENE LAKE E;LMO ELEMENTARY SCHOOL LIBRARY 201 STUDY: Administrator Whittaker gave the preliminary introduction. and background. Engineer Bohrer outlined the areas of study, identified by the Metropolitan Waste Control Committee in their preliminary report, Were observed or potential sewage problems are. Cimarron and Oakland Jr. High will be included in the study areaa,no additional areas will be included or deleted. The City will have hearings all along the process to identify problem areas and alternative solutions. Notification will. be mailed out each time such hearing in.held,, The emphasis of this study is to solve the problems on -site. Only after all possibilities to remedy on -site are Taxplored. would a col- lection system and type of treatment facility be considered. The City must consider all alternatives and look at -the cost of each method. The estimated cost for the study will. be $65,000. The City will pay 10Y or $6,500. The City has about $17,000 in the Sewer Planning Fund and have appropriated $69500 for this study. Mayor Armstrong closed the hearing at 8 W P.M. The final planning area will be put together for the December 4. meeting. At that time the Council will pass the necessary resolutions. The Council agreed the Administrator should pursue the 10110 of the cost question with Cimarron and the school district. He will contact both parties and put togeher a form to handle it. The Engineer proposes to meet with the PCA, find out whether the City's plan of study is acceptable and .report back at the next meeting. ENGINEER'S REPORT: A Subdivision Improvements - Tablyn Park 2nd Addition, Foxfire, and Springborn's Green Acres are now ready foo final acceptance by the City. -7- ENGINEERS REPORT: The Engineer recommends the City accept the street improvements arid::reduce the bond and/or escrow accounts f'or the above mentioned developments. Morgan moved, seconded by Pott to adopt Resolution 79--53 accepting the following improvements and providing for the following bond reductions: AITablyn Park 2nd Addition — 1. Final acceptance by the City of the street and storm sewer improvements 2. $1,000 to be retained in the escrow account to insure the erosion repairs next spring Ok Foxfire Estates — 1. Accept the street improvements only 2. Reduce the performance bond to $5,000 (�,,,Springbornls Green Acres — 1. Accept the street improvements only 2. Reduce the performance bond to $5,000 The Engineer asked the Council's recommendation regarding an area in the City park (SE corner of Jamaca Blvd. and 53rd Street). There is a depression off to the south boulevard of 53rd Street that the developer would like to fill with tree stumps and cover with clean fill. This is due to a covenant that all dirt from Foxfire stay within the addition. The Engineer recommended he clean up the present brush that is on the boulevard and have the home— owners bury their debris or stumps on their site. The Council agreed a better reason is needed before the City can allow debris to be dumped in or on park property. B. State Aid Report — The five year plans provide for construction of a portion of 45th Street, Julip, and 47th Street in 1980. This is about 3/4 of a mile of surfacing from the intersection of Jane Road N. to Keats Avenue. The Engineer recommended taking the necessary field surveys now. The Council thought their previous decision was to surface 45th Street; Julip, 47th Street, and Keats Avenue to Highway 36 in 1980, with the use of a State Aid Bond. The Administrator will review the record for this decision. The engineer will do the feasibility study with a cost estimate and discuss financing. Financial discussion to cover the need or the desire for a small front foot assessment. Lake Elmo is eligible for just less than nine miles for State Aid streets. 10 STATE AID REPORT: Armstrong moved, seconded by Morgan, to approve. Resolution 75-529 authdr zing the 'Engineer to order the feasibility study for street surfacing of 47th Street, Julip, 47th Street and Keats Avenue in 1980. Motion carried 5-0. LANES DEMONTREVILLE COUNTRY CLUB STREET VACATIONS: Mr. Max Fowler, re- presenting Top Twenty, explained the position of Top Twenty in not wanting to !give up a . - portion of property for the cul-de-sac at the end of Bennett. The cul-de-sac Will not benefit their parcel and they have access from Hill Trail, They would gain a piece 20x 100' if Argyle were vacated and, the cul-de-sac placed at the end of Bennett. The cul-de-sac would be 40 feet from the center of the intersection of Argyle and Dempsey. Mr. Fowler stated that if the City built the cul-de-sac and could assure Top Twenty they would not be assessed for the improvement they might agree. Armstrong said the wording of the easement'agreement could reflect the Council finds that the lots owned by Top Twenty would not benefit by access from the oul-de-sac at the end of Benh0t. This would be included in an agreement that Top Twenty would dedicate that portion necessary for the cul-de-sac,& deed it to the City, the City in return will vacate Argyle. Mr. Fowler agreed with Council- man's Pott's recommendation that no driveway will be constructed to Ile `Pop Twenty property off the cul-de-sac, The City would be responsible for vacation costs on this portion of Argyle, as this secion was not petitioned for vacation. The Engineer will verify the location of the cul-de-sac at at '.Flue end of Dempsey; the City will then vacate Argyle to the north of Dempsey, vacate Argyle from the south end of the oul®de-sae to the north end of Bennett, and vacate Mack entirely, from Lake Shore Drive in. The Administrator informed the Council that no deed was ever recorded for the new location of Hill Trail and no vacation of, old Lake Share Drive was ever recorded. Bennett and Mack are not continuous through streets because part of these streets between 'old"Hill. Trail and kew' Hill. Trail were vacated. The Administrator will meet with Mr. Taleatt about an easement for the cul-de-sac and advise the Council. The Administrator will then have the necessary documents drafted vacating the above streets. Phase Il will include locating the present Hill Trail and then consider vacating those portions of Lake Shore Drive that are not needed and see what the legal status of the title to the City's street (Bill. Trail) is. This will appear on the December 18 agenda. LANES DEMONTI3EVILLE COUNTRY CLUB - OFFT AND MICHELS LOT SALE AND VACATION The City returned lots 526-527 and 612-613 to the County for auction. Mr. Offt and Mr. Hedlund, owners of property on either side of these lots, wantsthe Cityp'via resolution, to purchase these lots from the County at their appraised value the City can then resell these lots for the appraised value,plus costs. By doing this Mr. Offt and Mr. Hedlund -would avoid having to bid for these lots at a public auction... They would like this done in order to make a buildable lot. The Council decided to take no action and let the parcel be auctioned off by the County. LANES DFMONTREVILLE COUNTRY CLUB - MICHELS VACATION: The City received a, petiticia from Mr. Michaels requesting the vacation of the remainder of East Shore Lane. The City passed a resolution several ,years ago vacating all of West Shore Lane, half of North Shore Lane, all of South Shore Lane and half of East Shore Lane. Mottaz recommended a decision on North Shore Lane also be made. The City has a drainage easement on lot 656. Lots 655 and 657 are ti,e ones considered for vacation. The Council wants a clarification on what parcels have been vacated and W-at the Citzi owns. '7--is matter will be considered after the first of the year. DECU-L'ER AIM JAAUJAR� MEFTINCS: Mori -an moved, seconded. by TIot+az, to cancel the December 19 meeting, and reschedule ti,e Ta­)uary 1 meeting to Januar.- 2, 1c)90. Motion carried 4-0. Pott abstained. FORESTER kTD TREE NITRS CRY: The Council reviewed the lette-- from Colleen Updahl. Mayor Armstrong sent a reply. The Council decided no further action is necessary. COUNCIL COPM'IITTEE POLICY: Pott suggested the Council review all data going to various committees ther refer it to the specific committee The Administrator will send all committee memos to the Council for review when there is an emergency situation, the two committee members may be contacted directly. FIRE HALL ADDITION: Pott reviewed finishing work to be done. The kitchen radio room and the garage door operators were not included in the bid. The garage door operators have been taken care of. Preliminary cost for the kitchen will be 34,3300 to 9t4, 500. This can be handled through the bidding process or much of the work can be done b,,r the firemen. If this amount is agreeable Councilman Pott would like approval now; if not, he will obtain a more specific breakdown for the next meeting. Morgan moved, seconded by Mottaz, to approve up to $4,400 for oonstructim of the kitchen in the Pire Hall Addition. Motion carried 5-0. Some of the work will be handled on a, bid basis. Pott suggested the Building Inspector contact the contractor on a daily basis until all work is completed. November 30 is set as the target date for completion. The service doors, a vent opening in the roof and the heating still needs to be completed. The Administrator asked the Council if they wanted the south wall of the old section of the Fire Hall painted at the same time as the new section. The cost would be $548. No action. COUNCIL REPORTS: A. Mayor Armstrong - B. aorNhkway, Demontreville Park - Derrick is willing to / dedicate a 8' to 10' walking path between lot 13 and 14 1�°t` in the 4th Addition. The easement would be on lot 14, but because a house location too close to the easement Derrick '-as agreed to give the City 81. This will have to be sectioned off with a split rail fence of about 400'. The path will have to be graveled. Morgan estimated the cost for the fence and gravel to be $800 to 1900. _10- COUNCII, RKTORTSt Demontreville Walkway - Morgan moved, seconded by Johnson, to accept t1le walkway .for Demontreville Part, construct a split rail fence along the walkway, end gravel the path. Motion carried 5-.0, The Administrator will draft an agreement -between the City and Derrick Land stating the City accepts the walkway. b. Park Shelter - Morgan talked to the architect and he has agreed to draw up the plans for the %park shelter and furnish a complete set of construction drawings. The cost; will be $200, Any addition consultation will be $1.3.50 per hour. These should be ready about February 1, C. Mottaz - Battle Creek Plan . The work to be done will go down the whole waterway. Lake L7.mo is being assessed because they will :eventually -contribute to the volume handled by 'the creek. We are paying for our ultimate use of that improved :Battle Creek drai.nageway. Residents will be assessed. D. Pott b Pott talked -with the Building Inspector about banning cement work during sub -zero weather. This is -sug- gested because of the problem encountered on 33rd Lane when footings were poured in sub -zero weather and causing the basement to be rebuilt this summer. The Administrator will ask the Building Inspector for a recommendation on how to control concrete work during extremely cold temperatures. Insurance Bids - Spec will be ready for the next meeting. The City will get a bid from the League of Municipalities this year, The Administrator reviewed a hospitalization plan from the League. The City has to indicate its interest by December 1 to qualify. The package is not cheaper iri'dollars,'but the comparison of dollars to benefit is much better. Pott said if approved benefits can be received for the same amount of money or less he favors the plan; but, if the City is going to pay the same or an increased amount for increased benefits this is not the time for:'.this'decision,:-since the benefits were recently adjusted. The Administrator felt the Council should consider this package since the rate is substantially lower for the benefit received. Armstrong and Mottaz agreed with changing the program and acceptL4tthe Loag�� packa�o. Johnson, Pott, and Morgan agreed the program should remain as it is. No further action will be considered until. the hospitalization plan is due for review. CABLE TV. Lake FAmo is between two cable TV areasq, Stillwater -•' Oak Park Heights and Maplewood, North St. Paul, Inver Grove His., (first ring suburbs). The City cannot request a franchise unless it is in a cable service territory. The question is 1, do we want to establish our own cable service territory or 2. do we want to object to the one Capital City is promoting (Maplewood, North St. Paul, etc.) and ask to be included so we can negotiate with Oakdale, Mahtomedi, and North St. Paul for future franchsis. In order to get cable TV 'the City must grant a franchsis. -11- CABLE TV: The Council authorized the Administrator to write a letter stating -the City would like the Cable Commission to withhold action on this territory until. the City can consider being included in it, INERCY AUDITS AND GRANTS: The City is required to do energy reports, This has been done and the City has applied for the mini -audit as required® Once the mini -audit is complete the City may be required to .file a maxi -audit. These are energy audits for City buildings, The City has applied for a grant to do the mini -audit, The Administrator requested the Council appropriate $20 for the Building Inspector to attend school to become a certified auditor. IIe can -then conduct the mini -audit, Pott moved, seconded by Johnson, to approve $20 for the Building Inspectox to attend school for certification as an energy auditor. Motion carried 5-0. CHRIS'TMAS DECOTIA TION t The Lion's have donated the Christmas decorations to the City with the provision the City put them up'®_ The Administrator will contact the Lion's Club and. suggest they donate the decoration to the b)usinessmens Association, lfe will also contact Ithe ;Businessmen Ia Association - and.; see• if,thay:will accept the donation. Johnson recommended the City offer to store the decorations to the now maintenance%fire building, LIQUOR LICENSES: Morgan moved, seconded by Mottaz, to approve the following liquorel;icensese Twin Point Tavern - On Sale Liquor, On Sale Sunday Liquor and Off Sale Liquor. Lake Elmo VFW Post 5725 - Special On Sale Liquor Ben's Elmo Inn - On Sale Liquor, On Sale Sunday Liquor, and Off Sale Liquor. 3M Club - Tartan Park - On Sale Liquor and On Sale Sunday Liquor. Motion carried 5-0. TAB COMPUTER PROPOSAL: Mottaz moved, seconded by Armstrong, to accept the proposal from Tab Computer for the City Water Bills and the general fund accounting. Motion carried 5-0. This amount has been budgeted for in the Water Fund and General Fund and will be done on a month to month basis, without a contract. BUS SHELTERS: The MTC requested suggestions for bus shelters. If there is no cost, the Council recommends a shelter at Stillwater Road (old 212) and County Road 6. HEATING LICENSE: Armstrong moved, seconded by Mottaz, to approve the license for Central Air Conditioning and Heating, 1971 Seneca Road, St. Paul, Mn. Motion carried 5-0. OTIIER1 I-91+ Challenge Committee - Woodbury would like Lake Elmo ap- proval £or release from the Joint Powers Agreement. Morgan moved, seconded by Johnson, to approve the release of Woodbury from the Joint Powers Agreement. Motion carried 5-0. Traffic Counts -- Pott requested a complete copy of the counts. The Administrator will put the counts on a map for Council review. OTHER. water Tower. Paints - The Administrator asked the engineer ,how to deteimi:ne whether the paint job on the water tower was done correctly. He.recommended contacting Twin City Testing and have them take a sample. The cost would be 1100. Pott moved, seconded by Morgan, to approve $100 and have Twin City Testing and hav,q them determine if the paint had been applied co eetly: Motion carried, 5-0'0 Architect -Maintenance Duildi - Mottaz moved, seconded by Johnson -to approve a maximum of $500 for soil. borings for the maintenance building. Motion carried 5-.0. 9. ewriter - The Council authorized the Administrator to get quotes on a correcting typewriter and a window air conditioner for the City Office. Johnson moved, seconded by Morgan, to approve an expense check of 06.60 for the Administrator. Motion carried 5-0. Count List of Homes to be Des1r9Zed - The Council reviewed tb.e list. The Administrator said,ahy`additions or objections should be referred to him or the Building Inspector. Olinger - No response has been. received to the Cityts inquiry about debris, therefore, the City will file a nuisance complaint. .Boutal Pond & .Ra le Point - The permits and applications have been filed. The engineer has completed. his Part and sent a. memo with: the permit copy summarizing his oalonlations. Derrick Land Fasement The Administrator contacted the State. They had agreed 'to purchase this land before it was platted. They did not want to be apart of the plat and decided to purchase it once the plat was final, They want clear title to -the property and were aware of the drainage easement; to the City before:. the plat was signed. 201 - 36,5OO has been budgeted from the Sewer Reserve for the 201 Study. $17,000 is in the Reserve. Ken Carroll - The Administrator reviewed the minutes and they do not indicate whether the pay raise is at the end of his probation or the first of the ,year. Momos of 9/7 and 9/19 refer to a post -probation pay. The Administrator understood this to mean the end of Mr. Carroll.'s probation. Ri ejg Drive.— The residents on Ridgeway Drive have until December 1, 1979 to return the deeds and pay their share of the vacation costs. Em 10 ee Christmas PaxtZ - December, 211:3e30 p,,m, The Council is invited to share wiwith'the employees t1"ie"OVi,rit of the season! -13- OTHER: Si. 0 - This will for recommendation and will January. be submitted to the Planning Commission be before the Council some time in PZC Alternate - No applications have been received. Consexvenc 7,ane - Existing standards will be clarified for. dopes end erosion9 wetlandsy etc. The City would require developers through the subdivision process, -the building permit process, end the site and, building plan process, to meet those' standards. This is in lieu of a zoning overlay district. `J.'he Planner will compile alist of specific regulations for controling soil erosion, wetlants, slopesi etc. These areas will be indicatedonthe generalized maps for recognition. The Council agreed to review the proposal at -the next meeting; Aix70U UQ,NTs Morgan movedt seconded by Armstrong to adjourn at 9:50 p.m. R-79- 53 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING THE STREET AND STORM SEWER IMPROVEMENTS IN THE PLAT OF TABLYN PARK SECOND ADDITION WHEREAS, the developer of Tablyn Park Second Addition has substantially completed construction of the street and storm sewer improvements required under the Development Agreement between the City and said developer dated July 11, 1978; and WHEREAS, said improvements have been inspected by the City Engineer and said Engineer by his letter of November 20, 1979, has recommended acceptance of the same subject to certain bank erosion corrective measures around the storm water storage pond which are to be completed in the Spring of 1980: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The street and storm sewer improvements constructed by the developer of the plat of Tablyn Park Second Addition be, and the same hereby are, accepted by the City Council subject to the requirement the developer complete the bank erosion protection measures around the storm water storage pond in a form acceptable to the City Engineer in the Spring of 1980 and subject,also to the one year warranty provided in the Development Agreement. 2. The developers' bond or other security deposit is hereby ordered reduced to the sum of $1,000.00 which the City Council, based on the recommendation of the Engineer, deemed sufficient to ensure completion of any remaining work which may be necessary. Adopted by the City Council of the City of Lake Elmo this, a0 day of 1979. �, � a , 24, G. Armstrong, Mayor ATTEST: Laurence E. Whittaker City Administrator x R-79- 53 6 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING STREET IMPROVEMENTS ONLY IN THE PLAT OF FOX FIRE ESTATES. WHEREAS, the developers of Fox Fire Estates Addition subdivision have substantially completed the bituminous surfacing of the street improvements required under the Development Agreement between the City and said developers dated October 27, 1978; and WHEREAS, said street improvements have been inspected by the City Engineer and said Engineer, by his letter of November 20, 1979, has recommended acceptance of the street improvements only, for winter maintenance, so as to allow the developer to complete any remaining corrective work in the Spring of 1980:. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows: 1. The street improvements constructed by the developer of the plat of Fox Fire Estates Addition be, and the same hereby are, accepted by the City Council for winter maintenance, subject to the right of the City to require the developer to perform any remaining corrective work which may appear to be necessary to the City Engineer in the Spring of 1980 and subject, also, to the one year warranty provided in the Development Agreement. 2. The developers' bond or other security deposit is hereby ordered reduced to the sum of $5,000.00 which the City Council, based on the recommendation of the Engineer, deemed sufficient to ensure completion of any remainingcorrective work which may be necessary. Adopted b the City Council of the City of Lake Elmo this 0(7 day of , 1979. Thomas G. Armstrong, Mayor ATTEST: &.", � - ('0 kw"L,- Laurence E. Whittaker City Administrator R-79- 53 Q, RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY; MINNESOTA A RESOLUTION ACCEPTING STREET IMPROVEMENTS ONLY FOR WINTER MAINTENANCE IN THE PLAT OF SPRINGBORNS GREEN ACRES. WIiEREAS, the developers of Springborns Green Acres Subdivision have substantially completed construction of the street surfacing improvements required under the Development Agreement entered into between the City and said developers dated January 8, 1979; and WHEREAS, said improvements have been inspected by the City Engineer and said Engineer, by his letter of November 20, 1979, has recommended acceptance of the street improvements only, for winter maintenance, subject to any necessary corrective work which may be required in the Spring of 1980: NOW, THEREFORE, BE IT RESOLVED by the City Council of ( the City of Lake Elmo as follows: 1. The street surfacing improvements constructed by the developer in the plat of Springborns Green Acres be, and the same hereby are, accepted by the City Council for winter maintenance subject to the right of the City to require the developer to perform any necessary corrective work which may appear to be necessary to the City Engineer in the Spring of 1980 and subject, also, to the one year warranty provided in the Development Agreement. 2. The developers' bond or other security deposit is hereby ordered reduced to the sum of $5,000.00 which the City Council, based on the recommendation of the Engineer, deemed sufficient to ensure completion of any necessary corrective work. Adoptedb�xx the City Council of the City of Lake Elmo this `aCi day of I�jd.UPP-,X, , 1979.. Thomas G. Armstrong, Mayor ATTEST: Laurence E. Whittaker City Administrator R-79- 52 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY', MINNESOd'A A RESOLUTION ORDERING PREPARATION OF A REPORT ON 1980 STATI's AID IMPROVEMENTS WIIEREAS, it is proposed to improve the following streets located within the City of Lake Elmo, to -wit: 1. 45th Street from Jane Road North to ;Julep Avenue; 2.. to Julep Avenue from 45th Street: to 47th Street; .3. 47th Street from Julep Avenue to Keats Avenue; and 4. Keats Avenue :from 47th Street to Trunk Highway 36 and to assess the benefited property for all or a portion of the cost_ of the proposed improvements, pursuant. to Minnesota Statutes Chapter 429: NOW, TI3EREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, Minnesota as follows: 1. The proposed improvements be referred to the City Engineer for study 'and the City Engineer is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether they should best be made as proposed or in connection with some other improvement, and the estimated costs of the improvements as recommended. Adopted by the City Council of the City of Lake Elmo this 20th day of November, 1979. TFiomas G. Armstrong; Mayor ATTEST: Laurence E. Whittaker City Administrator TRU of `goke '�fxta PA. Box J Thirty-third and Laverne Avenue Lake Elmo, Minnesota 55042 777.5610 November 23, 1979 Gazette 102 So. 2nd. St. Stillwater, Minn. 55082 Gentlemen: We would appreciate the following being noted under "Town Topics" if possible in the Daily Gazette. The regular City Council meeting of Tuesday, December 4th, 3.979, has been changed and will be held on Tuesday, December llth., 1979,.at 7:30 P.M. Tha do you. Sincernly, Larry Whittaker City Administrator