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HomeMy WebLinkAbout12-11-79 CCML,WE 1.1,MO CITY COUNCIL 14EETING, DECFMBER 11, 1.979 Mayor. Armstrong convened the meeting at 5 p.m. The following Councilors were in attendance; Morgan, Mottaz, Pott' Johnson (5:20). Also, Administrator Whittaker Building Inspector Kluegel and I+agineer Dohrer,, AGENDA: Additions - Planning Commission Report: Klatke Minor Subdivision, Administrator's Report:. EMS Status Report, Ambulance Appropriation Diebursemento Hater '.Power Problems, Tome Cropp, Recommendation for licensing in Oakd6lo. Deletions: Insurance Specs - Hold aii1 January 29 1980 meeting. Pott moved., seconded by Morgan, to approve the agenda, as amended. Motion carried 4-0. MINUTFS: November 28, 1979 - Corrections: DeMon•treville Highlands - line 2. add Block #,3 , Morgan moved., seconded by Mottaz, to approve the minutes of November 28, 19799 as corrected. Motion carried. ha O. CLAIMS: Dire Hall Addition - 10% of the amount billed with the h11-780'still to be billed. will cover the finish up work, The inginear will give his final inspection Uz'66"total completion, Coll.iard Electric - Hold - Administrator will verify what work other than the electrical panel has been done. Morgan moved, seconded by Mottaz to approve the claims 7981.1 to 79878 as amended. Motion carried 4-0. ?OLTCI:ES AM PROCF,DUftES: Discussion end review of Ci.tr Council procedures and how fixture transactions will be handled. Chances: 1 loyae romjxensa.tion lku.dret ceiling to he set in July before Budt^et ;•rnn,cdowns. Annual reviews will. 'ee done in late August, t,rinre benefits will be considered with t',e pay plan only. Personnel - All Council and Go,ircill.or regttc si.s for other than .routine staff worlc or, action 1- ax e�plT,,ee will c^o to the City Administrator, except; in an emergencv, ;nulo-ree ieva,,c;es will €^o to the Administrator, then: to the Council. 't";e Pe. sonnel Polio" will be amended to read the above and exclude Sapn.rvisor. Parchas9.n^ - Delete "All claims= may be disallowed by the Council'!. Zara -rap- two - delete that responsibilit-r - add:delepate 'taskt.:�to somoo�e...i.0...... T"_e Council will review the Purchasing, Policy after the first of the year. Coznei.l In uiries and. Directives - 3. Add'approved before minutes, Claims - The claims are sent out in advance so that Councillor g'uesti:ons . may be brought; to the Administrator's attention add - if possible - before the Council meeting, The _Administrator can research questions presented presented by the Council "and." can ..... The Administrator would 'like to meet monthly with each Councillor. PINN7',: Fen's Elmo Inn. Councillor Pott absertt,for remainder of meeting i!:LLIS;i' T?RANC" '11[ATERSMED: Mr. Bob Poget19 distributed and reviewed tl^e valley Branch annual 1977-78 report.. Valley Branch suggested the City hire someone on a part-time basis to he responsible for dhecking the electric pump on Lake. -Jane. The costs would be passed t'ro"xgh to valley Branch. The Counoil felt tin independent contractor., rather. than a City employees, would be the best way to handle tt,is, valley Thranc� will contact tv e Administrator when they determine the amount of time needed for this ,jo' and estimated salary, LAKE, ELMO CITY COUNCIL, D.ECEMBER 11, 1979 —2— VALLEY BRANCH CO.NT.I.NUED: The Council questioned the status of Projects 1003 and 100h. Mr. Rosas referenced Mr. Hedges letter to the Washington County Board requesting Federal Revenue Sharing. These funds will be used to acquire storage areas; and, when this is done Valley Branch will evaluate these projects,then meet with the City about the possibility or probability of ordering these projects. Armstrong moved, seconded by Morgan, to adopt Resolution 79-56 urging.' the Washington County Board give serious consideration to putting money aside for the Valley Branch Watershed request for funds to purchase water storage sites within the District, Motion carried 4-0. Project 1005 — The Ad.mini.strator asked when the City 'could expect a determination .for. City reimbursement for Project 1005. Mr. Rosas said Valley Branch will get together with the City to discuss this. DEMONTREV_f:LLE HIGHLANDS 5th ADDITION-- PUBLIC REARING — VACATION OF DRAINAGE EASEMENT: Dennis Daly, DNR, explained the DNR cannot complete their purchase of the 'rearing pond' with Derrick Land imless dxainarn easements of the City are vacated thus giving the DNR clear title for the property. They are requesting certain wording be removed from the plat in order to accomplish the above. Once the DNR acquires the property from Derrick Al flokagd`easement will be -denoted which covers Ahd Area'whe e.'the`Ci.ty Find draanaAe easements;. the .reservation that 'this property can be used. for drainage will be put back 0106.:deed, . Mayor Armstrong closed the Public Hearin; at 005 p.m. Armstrong moved, seconded by Morgan, to adopt Resolution 79-54 Motion carried 4-0, M.ottaz requested confirmation that these drainage rights will be returned once Derrick conveys this property to the State . This was not specifically written into the resolution. The Administrator has a. letter from the State stating the City will be given bark these drainage rights. DEMONTREVILLE PARK — WALKWAY: The Council reviewed the revised deed for the park walkway. The City agrees to construct and maintain the walkway and Anne along the walkway. Armstrong moved, seconded by Morgan} to accepting the deed from Derrick Land Company to the City of Lake Elmo for easement rights to use said walkway as described in such deed; and the City agrees to construct and maintain a split rail fence along said easement; and,improve and maintain the walkway path with gravel. .Motion carried 4-0. LILLIE PRESS: Rav Emir'^t requested the Council consider the Washinf-ton County Review serve as Lake E1mOQ 1ega.1 newspaper. They feel they now fulfill the criteria to qualify as the legal newspaper. They have an offi.oe'in' Washington Comity And,as of January 2h,the office will have been located in the County one year. They will also send a reporter to cover meetings if appointed. Armstrong suggested Lillie provide proof of qualifying as a legal newspaper, and after the first of the ,year when the City designates its legal newspaper Lillie would be considered as of January 2h. Johnson suggested the Gazette be notified the City is considering bids for the legal newspaper l ENGINEERS REPORT: ,A. 201 Resolutions and ADDlications The Engineer has met met with the PCA, r gotten preliminary approval on the plan study and determined the cost estimates are in order. LAKE ELMO CITY COUNCIL, DECEMBER 11, 1979 -3- ENGINEIIMS REPORT. 201 - The Council will have to approve a resolution providing the following. authorization of this application by the City Council the City Administrator will be the official representative the City has monies available to pay its 10`/ share Mottaz moved, seconded by Armstrong, to approve Resolution 79-55, a Resolution Authorizing Application for Step 1 Grant. Motion carried lt-0. B. Bond reduc ti.on .Demontreville th anal 6th Addi. lion m 'i"he Engineer recommended reduction for the bond for Demontreville 5th & 6th,y P, Armstrong moved, seconded by MottWj to approve the bond reduction .for Demontreville 5th and 6th .Addition, The'gravel'base is.beihp accepted' no other': improvements are being a6oepted for maintenance, Motion carried 4-0, The City refused to contract to plow this area; the City does not'have the n.ece;'saary equipment and did not feel it could handle this request C. Lanes Demontreville Street Vacations - The Engineer was asked to research where the cul-de-sac should go at the end of Dempsey - centered or off-eset, and where the swamp begingon Bennet. The 'Engineer recommended the cul-de-sac be centered_and._.�the_______. street right-of-way should remain to west; line of Lot 61 (Wood Property). Also, the Administrator will contact Mr, Issacson and see if he can obtain a deed for the vacated portion of Hill. Trail. Armstrong suggested meeting with the affected property owners before -the City passes the resolution for vacation, Da m Other b Po�„ fixe Estates M the Engineer asked - t:he' Councils recommend.,-iou for i;kie gate �tl; Jamaca and. Jane Road North. The gate has been .replaced once and fence has now been destroyed. The Coun6il recommended-inetalli.ng posts' aud, cable on either side' of the' gate;they feel much of . this: problem could have been avoided hadthe d.evel.aper not graded this section to full right-of-way width, Mr. Schifsky has constructed two stone ,pillars at the north end of the pc)asiety on 55th Street at -the entrance t6 Foxfire. This was done without City knowledge or approval, These are on City right-of-way and in the opinion of the City Attorney the City is liable for damage caused by these pillars. The Engineer requested the Council drive through Poxfire and determine if they feel these pillars constitute a safety hazard. Water iTower Pain_ tiha «- Twin City Tasting,inspected the Paint job' on the water toweanr'and , determined' -the paint did not meet the specifications given by the contractor. The Administrator recommended the City withhold payment on the remaining tank work until the paint is brought up to the 5 mil standard he quoted and the work is completed. The Council. agreed. OLD BUSINESS. A. Vacation Hearing for Bridle Paths =- Lanes Demontreville -• Armstrong moved., seconded by Mottaz, to hold a, Public Hearing to vacate the bridle paths in Lanes Demontreville on January 2, 1980, at 8 p.m. Motion carried 4-.0 , B. Ridgeway Drive Vacation e- The Administrator referenced his letter to the Council stating the residents in Tablyn Park only want to pay $100 per residence for the vacation of Ridgeway Drive. The actual cost was,S308 per .residence. The Administrator recommendation is that the residents pay the 8308 each, or the City will not vacate Ridgeway Drive. LAn' ELMO CITY COUNCIL MEETING, DOCIMBER 11, 1979 -4- Ridgeway Drive Continued - The Council instructed the Administrator to write the affected property owners stating they have 30 days to accept the incurred costs or from that point on it will draw 8W per annum on the unpaid balance. The Council agreed to pay Bruce l+olz and Don Raleigh .for the work they did for the City on Ridgeway Drive, C. I- Frontage Roads - The City has 30 days from November 28 to respond to the location of the proposed frontage roads. The Council recommends the Highway Department extend the frontage road, around the cemetery at Guardian Angles and remove the bike - trails. ,__C2nservan2Zonin - The Administrator asked the Council how mush they wAnt'-to control in the development of wetlands. The City can have a Soil Conservation Service determine if the City has any unique or essential wetlands' or preserve all wetlands, or preserve wetlands in rural areas and control drainage in urban areas. The Planning Commission recommended a combination of the last two. Mottaz said the City must decide if they are going to protect wetlands, If so, then wetlands should be considered such no matter where they are located. Armstrong recommended getting a quote from the Conservation Service and table a decision until the January 2 meeting. DFNNIS DENEEN - VARIANCE APPLI:CATIONe DNR Lakeshore Setback Varinace and Side and Front yard Variance on Lots 881 .through 876, Lanes Demontreville Country Club.- Mr. Deneon wants to put a, 30 x 20 addition on the existing house, setba6k.75 feet from the lake; the ordinance requires 100 ft,, and also construct a 21 car garage that does not meet the front or side yard requirements. The road servicing the Deneen property and an adjacent parcel is not used as a public street. The Ordinance reads a structure shall be no less than 20 ft. from a street right-of-way; Mr. Deneen is requesting a variance of 15 ft. from the street proper. A survey will be necessary to determine street Location and property lines. The Council agreed the house addition is no problem, the garage could be varied to within 1.0 feet of the right--of-way provided a- survey is taken and a letter from the neighbor to the east stating no objection to the location of the garage. A neighbor questioned if this garage will house the equipment presently stored in the yard. She feels the amount stored there now constitutes a nuisance and fears more equipment will be brought in when the 32' x 2ht garage is built. Armstrong moved, seconded by Morgan, to table any decision on these variances until Mr. beneen brims in a survey or a new looation drawing" for the garage. Also, as a part of the variance, a .written agreement concerning the type and amount of equipment that will be stored on the property and. that this meets the City Code. Motion carried 4-0. The DER has been notified that the City is considering a vvariance£rom the SO ft. setback. If the variance is granted they must be notified and the variance mast be conditionfL upon their approval. CITY OP LAKE ELMO CITY COUNCIL MEETING, D7xI3,TTBER 1 i 1979 -5- DON KLAT''llus Variance from l�A lot size, home on a private road, and for off -set from 36th Street. The Council reviewed the recommendation from the Planning Commission. Mr. Klattke explained where his present houselis on the lot and where they would like to locate their earth sheltered house. The easement for the private road is 66 ft. wide. The Engineer said a maximum of three residents serviced off this road would not cause a problem with the off -set to 36th Street. The Council reviewed the requirements necessary for two drainfield sites disallowing the easements on the front lot., also: the•�rbad. btandabds and. the need'for-a`cu p-de-sac al end of the road were considered. Johnson stated he had no problem with the lot size, but the private road question would have to he resolved. Mottaz did not feel it fair to insis.t..,largor subdivisions meet the letter of the law and ,grant variances;f�ro`mthose same laws to smaller lot subdivisions. Armstrong stated if Mr. Klatke ooul.d demonstrate his intentions as to putting in a public road, subdivide the parcel into two lots and show adequate area for two drai.nfield sites on each lot he would be in favor of gwant.ing the variances. Mr. Klattke will talk to 'Bob Wier about the septic requirements*, specific road requirements and turn -around radius will be determined by the Engineer. MIDLAND MEADOWS: The Council reviewed the Planning Commission recommendation on Midland Meadows and the preliminary plat map of -tire subdivision. Mottaz moved, seconded by Johnson, to approve the Preliminary Plat for. Midland Meadows. Motion carried 4-0. Bruce Polz asked the Council if there would be any problem with staging plan for a 2,000 £t. temporary road with a cul-de-sac. The Council sav no problem provided assurances can be obtained that these improvements will be made. EMS o Ambulance Subsidy - The consensus of the communities that met was the monies should be divided based on the formula of the County or on a per -run basis. The Administrator will attend another meeting on December 19, at 7 p.m. Any further comments should be directed to him before this time. MSAt The City authorized. -the Engineer to do all the work, including Keats, on July 3. 1.979. In order to get a deed for Lake Shore Drive a survey may be necessary. The Council tabled until January 2 any authorization .for a survey. AGRICULTURE PRES".MWATION DILLt Armstrong moved, seconded by Morgan, too*adopt Resolution Amended 1/15/80 79-57 stating that` Lake Elmo is in 'favor of'the Ag^ Land Preservation Bill. Wording in the resolution to be included in the bill would state that the ljOA minimum 'be the total. for the farm, not a total in any one community. Also a small minimum be considered for truck farms and t orchards or legitimate agricultural, uses. Motion carried 4 0. TKE' JOTIDTSONt P,ouncil.l,gr Johnson read a memo .annour;Ging his resignation from the Lake Ej.m o City Council. LAKE ETRO CITY COUNCIL MEWING, D12EMMER 1.19 1979 MIKE JOHNSON: Mayor Armstrong thanked. Mr, Johnson for the time and effort he has given the Council and it is with much regret that the Council accepts his resignation. Armstrong moved, seconded by Mottaz, to accept the resignation of City Counoilman;'Mike Johnson, effective January 1. 1980. Motion carried 4-0. Armstrong'moved, seconded'by Mottaz' to send out notification that Lake'Elmo is:seeking applicants for Couhailperson. Appli:c AiDhs:� should be sent to the City Office before the January 2 City Council meeting. Motion carried,4-0. Morgan moved, seconded by Mottaz, to draft a, resolution thanking Mike Johnson for his yeaxs of work and service on the Lake Elmo Park Commission and the City Council. Motion carried h-0. ADJOURNMENT: Johnson moved, seconded by Mottaz to adjourn at 10:00 p.m. Motion carried 140. R79-54 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY,MINNESOTA A RESOLUTION VACATING A PUBLIC DRAINAGE EASEMENT IN DEMONTREVILLE HIGHLANDS 5TII ADDITION WHEREAS, at a regular meeting of the City Council of the City of Lake Elmo, Washington County, Minnesota, held December 11, 1979, a Petition was presented to the City Council praying for the vacation of certain drainage and utility easements in the plat of. Demontreville Highlands 5th Addition, described as follows, to -wit: Drainage easements over Outlot A and Lots One (1) Two (2), Five (5), Six (6), Block One (1), Demontreville Highlands 5th Addition, as shown on the plat as recorded in the office of the Washington County Recorder. Drainage and utility easements adjoining street lines and side and rear lot lines as shown are not to be vacated. WIIEREAS, said Petition came on for hearing before said City Council at a regular meeting thereof, held at 8:00 o'clock p.m. on Tuesday, December 11, 1979, in the City Hall, pursuant to notice thereof published and posted as required by law, and WIIEREAS, the City Council of the City of Lake Elmo has heard all the evidence presented for and against said Petition and after due consideration thereof has determined that it is in the best interests of the public and the City of Lake Elmo to vacate said drainage and utility easements for the following reasons: 1. The plat of Demontreville Highlands 5th. Add.; was originally submitted in such a way so as to delineate the above - described area as an area to be acquired by the State of Minnesota for purposes of using same as a rearing . pond for fish. 2. Since the final plat of Demontreville Highlands 5th Addition included the above -described area and dedicated it as drainage and utility easements, the fee owners are no longer able to transfer this property to the State of Minnesota for the purpose described above. 3. The City would benefit by having said property .returned to private use and transferred immediately to the State of Minnesota for purposes indicated above. 4. It is understood and agreed by all parties that the owners of the property following this vacation will immediately transfer same to the State of Minnesota for the purpose stated above. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the following described drainage and utility easements located in the plat of Demontrevi.11e Highlands 5th Addition, to -wit: Drainage easements over Out.l.ot A and Lots One (1), Two (2), Five (5), Six (6), Block One (1), Demontreville Highlands 5th Addition as shown on the plat as recorded in the office of the Washington County Recorder. Drainage and utility easements adjoining street lines and side and rear lot lines as shown are not to be vacated. be and the same hereby is, vacated absolutely and forever for the reasons set forth above herein. IT IS FURTHER RESOLVED, that the City Council does hereby determine that the City is deemed to benefit from said vacation for the reasons set forth above and the same is sufficient consideration for the vacation thereof provided, however, that: 1. The area described above be conveyed by the fee owners to the State of Minnesota for purposes of installing the rearing ponds for fish. 2. That all costs to the City for this vacation proceeding shall be calculated by the City and shall be paid by the Petitioners and their assigns to the City. 3. Upon payment of such costs by the Petitioner, and performance of the other conditions above.set forth, the City shall cause notice that this vacation proceeding has been concluded to be served on the County Auditor of Washington.County and shall. record a certified copy of this•Resol.ution with the Washington County Recorder, all as provided by and in accordance with Section 41.2.851 of the Minnesota Statutes. - 2 - Adopted by he City Council of the City of Lake Elmo this k L day of 1979. Thomas G. Armstrong, Mayor Attest: Laurence Whittaker, City Administrator STATE OF MINNESOTA ) COUNTY OF WASHINGTON) ss. CITY OF LAKE ELMO ) I hereby certify that I have compared the attached copy of Resolution R79-54 with the original thereof in the records of my office and I find said copy to be a true, correct and complete copy of. the Resolution adopted adopted December 11, 1979, by the City Council, City of Lake Elmo. Dated: (seal) Laurence itta a;,City Administrator - 3 - i NOTICE OF COMPLETION OF VACATION PROCEEDINGS TO: T. JR. GREEDER, AUDITOR, WASHINGTON COUNTY, MINNESOTA This is to notify you that the City of Lake Elmo has completed the vacation of that certain public drainage easement in Demontreville: Highlands 5th Addition described as follows: Drainage easements over Outlot A and Lots One (1), Two (2), Five (5), Six (6), Block One (1), Demontreville Highlands 5th Addition, as shown on the plat as recorded in the office of the Washington County Recorder. Drainage and utility easements adjoining street lines and side and rear lot lines as shown are not to be vacated. The vacation having been completed. on the y day of C�Q C 4,vk-�l v •, -: 1.979, at which time a Resolution of Vacation was adopted y t'he City Council. This notice is sent to you pursuant to the provisions of Section 412.851 of the Minnesota Statutes as amended by Chapter 494, Laws 1973. Dated: Laurence Whittaker, City Adm.in-' Estrator it, R79-55 RESOLUTION CITY OF LARE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION AUTHORIZING APPLICATION FOR STEP I GRANT WHEREAS, the Metropolitan Via..*ate Control Commission has ..completed studies which identify the City of Lake Elmo as a .community which should receive closer study of, certain on -site wastewater treatment systems; and WHEREAS, the Minnesota Control Agency has designated .such closer study as eligible for Federal and State grant funds; and WHEREAS, the City of Lake Elmo has legal authority under Minnesota Statutes 429 for construction and assessinq'fhe cost of waste treatment facilities; ..NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo authorizes the filing of an application for State and Federal funds for the construction of wastewater treatment facilities under the Federal Water Pollution Control Act Amendments of 1972; and LET IT HE FURTHER RESOLVED, that the City Administrator is designated as the official municipal representative; and LET IT' BE FURTHER RESOLVED, that the local ten percent of costs for the proposed Stop project is to he financed from General. Funds Reserves. Moved - Council.mannJess Mottaz Second - Mayor Tom Armstrong ADOPTED this the llth. day of December, 1979 by the City Council of the City of Lake Elmo, Washington County, Minnesota. 9'Ti KS (y. 7��ir`stronh; �Rayi�r Attest: 1,atzr'enc'c� 't^7Fiitt��k`e�, C�'ly Aiimin >traf'rir At, R79-57 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION SUPPORTING THE ADOPTION OF STATE LEGISLATION PROVIDING FOR THE PRESERVATION OF PRIME AGRICULTURAL LAND `GHtREAS, the City of Lake Elmo has.adopted all policies® regulations and Ordinances permitted by State Statute to preserve prime agricultural land= and, WHEREAS, the City supports realistic State legislation that encourages the preservation of prime agricultural land; and, WHEREAS, H.F. 1612 and S.F, 15970 if slightly modified, would promote the preservation of prime agricultural land; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON' STATE OF MINNESOTA, THATs The City of Lake Elmo supports the adoption of H.F. 1612 and S.F. 1597 by the State Legislature with the following add- itions and modifications: 1. Section 3 should be amended to provide that the re- quired forty (40) acres need not be entirely within one City if they are a part of one contiguous parcel of agricultural land; and, 2. Parcels smaller than 40 acres should be eligible for designation if they are in a legitimate agricultural use such as orchard or truck farm] and, 3. Cities and Watershed Districts should have the ability to assess for public improvements that benefit agricultural land and uses such as drainage improvements and streets; and, 4. The State should consider reimbursing local govern- ments for tax revenue lost because of the artificial devaluation, which decreases the total assessed valuation of the City; and, . 5. The mill rate average should be based -on the agricul- tural land within each County with disputes resolved by the State Department of Agriculture; and, 6. There should be a provision for reduction on Minnesota Estate Tax Valuation? and, R79-S7 7. There should be a requirement that eligible property must have compatible local zoning; so that local plans and capital improvement programs can reflect this change in status; and, 8. The requirement that land be in preserve for eight years after the date of notification of intent to cease agricultural operations should he reconsidered as it may be so restrictive as to discourage preservation. A provision for recapture of back taxes such as that found in the "Green Acres" law may encourage caution in ending the exemption without discouraging participation in the program. Adopted this the l-th day of. December, 1979, by the City Council of the City of Lake Flmo. 9 Signed L, Thomas G. Armstrong, mayor ATTEST: Laurence F. Whittaker, City Administrator