HomeMy WebLinkAbout01-02-80 CCMMINUTES, LAKE ELMO CITY COUNCIL Janaury 2, 1980....... page one
Mayor Armstrong convened the meeting at 7:32 p.m. with the following Councillors
answering the roll Morgan, Mottaz, and Pott.
AGENDA:. Armstrong moved, seconded by Mottaz, to approve the Agenda with the
following corrections: add consideration of the Building Inspector°s offer
from Lino Lakes and the League of Minnesota Cities Health Insurance plan to
the end of the Agenda. Motion carried 4-0.
CLAIMS: Morgan moved, seconded by Mottaz to approve claim numbers 79879 through
79921. Motion carried 4-0.
COUNCIL_VACANCY: The Council discussed the vacant Council position with Carol
Jeanne Novak? Chairman of the Planning Commission. They briefly dis-
cussed her role in development of the Comp. Plan and new Ordinances,
her opinion on the provisions for keeping horses, and her interest
in the City and the vacancy. (William Wacker was interviewed later in
the meeting.)
SHORELAND PERMIT, CHARLES E. SURFACE: After assurances that the fill permit
requested would not impinge on the flood plain nor cause any additional
flooding, Morgan moved, seconded by Mottaz, to grant a Shoreland Permit
to Mr. Surface to place up to 26 yards of clean fill on his property
at 8142 Hidden Bay Trail, subject to approval from the Valley Branch
Watershed District. Motion carried 4-0.
FOXFIRE GATE AND MONUMENTS: The Council agreed that T.A. Schifsky & Sons,
developer of Foxfire, should construct a post and cable barrier on
both sides of the gate at the south end of Jamaca; and that the stone
monuments should be removed from the north end of Foxfire, as they are
on City right-of-way. The Council will review the situation until the
next Council meeting; and offer Mr. Schifsky an opportunity to speak to
the Council at that time.
PUBLIC HEARING on the VACATION OF EAST AND NORTH SHORE LANES in Lanes Demontreville
County Club Addition: Mayor Armstrong opened the hearing at 8:03 p.m.;
and there was no public testimony. Attorneys for the Michaels, the peti-
tioners, were present. Whittaker explained that the easterly part of
East Shore Lane was supposed to have been vacated in 1969; but, because
of an error in the legal description, it was not. North Shore Lane
had been partially vacated at that time. Now, the petitioners and the
City seek to vacate the balance of these two Lanes.
Pott moved, seconded by Morgan, that the Council adopt RESOLUTION 80-4,
A RESOLUTION VACATING EAST SHORE LANE, reserving the City's rights to
a drainage easement deeeded separately from the original plat. Motion
carried 4-0.
Mottaz moved, seconded by Morgan, that the Council. adopt RESOLUTION 80-5,
A RESOLUTION VACATING NORTH SHORE LANE IN ITS ENTIRETY. Motion carried 4-0.
The Mayor closed the public hearing having no further testimony.
MINUTES, Lake Elmo City Council 1/2/$0 p. 2
VACATION OF BENNETT, ARGYLE, AND MACK, streets in Lanes Demontreville Country
Club, Whittaker advised the Council that none of the affected parties
in the area were willing to dedicate land for future cul-de-sacs. Given
this fact and the information already discussed at several Council meetings,
Armstrong moved, seconded by Mottaz, that the Administrator have a Resolution
drafted vacating the following street right-o'f-way in Lanes Demontreville
Country Clubs All of Mack Avenue, Bennett Avenue west of the west line of
lot 61; Argyle Street north of the north lot line of Lot 34.3 northerly
to the south lot line of Lot 324.; reserving the right-of-way of present
Hill Trail North where it crosses Bennett and Mack Avenues. Motion
carried 4,0. A final public hearing on the vacation will be held at
the January 15, 1980, City Council meeting.
POLICY, VARIANCES FOR UNDERSIZED LOTS in areas platted or of record before
the adoption of the 1979 Municipal Code of the City of Lake Elmo:
Morgan moved, seconded by Mottaz, that the City adopt a policy which
provides that a parcel must have 100 % of the area of the average developed
(built upon) lot in a subdivision or area, have two drainfield sites
which meet City Code, and meet all other requirements of the City Code
and regulations to qualify for a Variance from the lot area requirements
of the City Code. Motion carried 4-0.
VARIANCE, LYLE SLAWSON to construct a 2,600 sq. ft. building in a RR Zone:
The Council expressed its conviction that buildings of this size should
be permitted in the AG zone only; and indicated that there was no hardship
to the Slawsons which justified a Variance to construct this building in
the RR Zone. Armstrong moved, seconded by Pott, to grant a Variance
to the Slawsons to construct a 2,600 sq. ft. building which meets all other
requirements of the City Code, subject to their applying for a rezoning
to AG immediately, in order that the Slawsons might proceed with con-
struction of the building while weather permits. Motion carried 4-0.
(The application for rezoning is on file in the City office.)
PATTI HOMES, CONDITIONAL USE PERMIT for an Open Sales Lot in the GB Zone:
Mr. Nick Patti explained to the Council that the somewhat dilapidated
building on the property,11450 Hudson Blvd., was written into his con-
tract for deed; and that he would need to contract holder's permission
to remove it. He also indicated he would like to remove it, The City
wants it removed; but must give the owner the option of bringing it up
to Code.
Armstrong moved, seconded by Mottaz, that Mr. Patti be granted a renewal
of his Conditional Use Permit to operate an Open Sales Lot at 11450 Hudson
Blvd. subject to his removing the above -mentioned building within 60
days, or bringing it up to Code. Motion carried 1f-0.
FIRE HALL ADDITION: Peter Kluegel, Building Inspector, advised the Council
that there were still some minor problems with the new addition that
would have to be corrected before the City could accept the new building.
Morgan moved, seconded by Pott, that the Administrator be authorized to
dispose of the old heater from the Fire Hall as surplus property for $100.00.
Motion carried 4-0.
Kluegel also discussed his interest in the Lino Lakes offer; and the al-
ternatives he felt he had in considering that position.
MINUTES, Lake Elmo City Council 1/2/80 P. 3
The Council agreed the the City Engineer should be authorized to
estimate the cost of the alternatives mentioned in Mr. Pott's Memo
for wells/water at the new maintenance bldg. and garage.
COUNCIL VACANCY, WILLIAM WACKER.: The Council briefly interviewed Mr. Wacker
for the vacancy. He has served on the Fire Department since moving to
Lake Elmo in 1971. He expressed a keen.interest in the City; and said
he would like to. work with the Council on future problems and opportunities.
The Council asked him about his knowledge of the Comp. plan and sewer
problems; and Mr. Wacker said he had kept informed through the newsletter.
The Council reserved time for a decision later in the meeting.
ANNUAL MEETING:
Armstrong moved, seconded by Morgan, that Councillor Pott be appointed
Acting Mayor for 1980 to serve in the Mayor's absence. Motion carried 3-0-1,
with Pott abstaining.
Morgan moved, seconded by Mottaz, that the State Bank of Lake Elmo, Washington
County Federal, and Merril Lynch be named depositories for 1980. Motion
carried 4-0.
Morgan moved, seconded by Pott, that the Washington County Review be
names the legal newspaper of the City effective January 22, 1980, for
1980, subject to their proving eligibility. Motion carried 4-0.
Armstrong moved, seconded by Mottaz, that all Council appointments to
Committees remain the same as 1979. Motion carried 4-0.
Pott moved, seconded by Mottaz' that Novak, Crombie, and Lundquist be
reappointed to the Planning Commission for three year terms beginning
January 1, 1980. Motion carried 4-0.
Morgan moved, seconded by Mottaz, that Leo Gehlo£f and Al Martens be re—
appointed to the Park Commission for three year terms; that James Yarusso
be appointed to the Commission for a three year term; and that Wendy
Griffin be appointed an alternate Commissioner — all effective January 1,
1980. Motion carried 140.
Mottaz moved, seconded by Armstrong, that Tood Williams be appointed to
the Water Surface Use Committee. Motion carried 4-0. Whittaker is to
call all applicahts for this committee and see if they are off —lake; h
and, he is to call Sue Martens to see if she is interested. j
COUNCIL REPORTS:
Mottaz reported that he and the Mayor had met with Charles Weaver, Metro.
Council Chairman and Marty Jensen of the Council staff, on the Regional
Park issues that still concern the City. He.said they had expressed
their conviction that the costs of policing the park and providing other
services such as Fire protection ought to fall on the County, not the City;
and that those costs should be covered under contracts similar to those
Ramsey County has with the City of St. Paul.
They had reiterated the City's concern that the park was too active,
the boat launch should restrict access to boats that could be carried
over land to the lake, that the active areas of the park are too clese to
existing residential areas, and that the swimming beach, as proposed,
MINUTES, Lake Elmo City Council 1/2/80 P. 4
is too expensive, impractical, and should be given a lower priority
than other development of the park.
The Council instructed the Administrator to write a letter to Mr. Weaver,
with copies to the County, expressing these concerns; and indicating that
it is the City's belief that a City Ordinance could not be enforced to
keep lake use down unless the boat access is designed to limit access.
The letter should also indicate the City favors a single southern access
for park users, with an emergency only access on the north.
The Council also indicated the whole park should be less intensively
developed and more primitive camping should be encouraged.
Morgan indicated the maintenance crew should post the area near Olinger's
road to West Sunfish park "No Trespassing" as trail bikes were tearing
up the park.
CONDITIONAL.USE PERMITS: Armstrong moved, seconded by Mottaz, to approve
the renewal of all Conditional Use Permits on the attached list, subject
to each applicant paying the annual permit fee and subject to all
conditions of the permits in force. Motion carried 4--0.
WASTE HAULERS AND CONTRACTOR LICENSES: Morgan moved, seconded by Mottaz, to
grant licenses to all the waste haulers and contractors listed on the
attached _list. Motion carried 4-0. The Council asked for service
area maps and pick-ups schedules for each waste hauler; and advised the
Administrator that Lake Sanitation and Maroney were operating without
licenses,
COIN OPERATED MACHINES: Armstrong moved, seconded by Pott, to grant a license
for a coin operated machine outdoors to Lake Elmo Oil. Carried 4-0.
HAMMES MINING PERMIT: Pott moved, seconded by Morgan, to renew the mining
permit and grant a Conditiuna.l Use Permit to Hammes for mining subject
to all the conditions of the existing permit. Motion carried 4-0.
SPECIAL MEETING, CITY COUNCIL: Mottaz moved, seconded by Armstrong, that
the Council hold a Special meeting at 5:00 p.m. on February 5, 1980,
to review bids on casualty and liability insurance. Motion carried 4-0.
AUTHORIZATION TO SEEK BIDS FOR CASUALTY AND LIABILITY INSURANCE: Morgan moved,
seconded by Armstrong, to accept the specifications for casualty and liability
insurance prepared by the City Administrator; and authorize the Administrator
to advertise for bids to be received no later than 10:00 a.m., February 5,
1980. Motion carried 4-0.
ASSESSMENT FOR PROJECT 1005: Pott moved, seconded by Armstrong, to pay the
Ci.ty's assessment for project 1005, in the amount of $2,304.03. Carried 4-0.
The Mayor and Administrator are to meet with VBWD to discuss payment for
1005 to the City; and the problems with old projects 1003 and 1004.
AGENDA, JANUARY 22, 1980 meeting: Each Councillor and the Administrator are
to prepare a list of projects, programs, and goals they would like to
discuss at the Special meeting, Janaury 22, 1980 at 12:00 noon.
MINUTES, Lake Elmo City Council 1/2/80 P. 5
Armstrong moved, seconded by Pott, to extend the meethng until 10:50 pm.
Motion carried 3-1 with Mottaz voting Nay.
The Council agreed a Complete Count Committee for the U.S. Census in 1980
would not be necessary.
RESOLUTION 80-1;. Pott moved, seconded by Armstrong, that the Council adopt
RESOLUTION 80-1, A RESOLUTION COMMENDING MICHAEL JOHNSON FOR SERVICE
TO,THE COMMUNITY AND THE CITY OF LAKE ELMO, AS A MEMBER OF THE JAYCEES,
THE PARK COMMISSION, AND THE CITY COUNCIL. Motion carried 4-0.
Pott moved, seconded by Morgan, to authorize the Administrator to purchase
a plaque honoring Mr. Johnson., Motion carried 4-0.
The Council agreed to host the Johnsons at a dinner January 15, 19802
at Marco Polo's;£rom 6:00 to 7:30 p.m.
EMS COUNTY SUBSIDY: Armstrongmoved, seconded by Mottaz, to adopt RESOLUTION
80-2, A RESOLUTION providing that the County subsidy for Emergency Medical
Services be apportioned among the providers of ambulance and rescue ser-
vice on,the basis,of the..number of calls each had in 1979; and that the
City of Stillwater'be designated as the party to receive and distribute
the money for. the;.County. Motion carried 3-1 with Pott voting Nay.
The Council agreed they did not want to take a position on the Oakdale
Ambulance service area.and licnese.
CABLE T.V.: The Council agreed to discuss the Cable T.V. franchising and
service area problems January 15, 1980. The Administrator is to write ob-
jecting to the Capitol City service area pending further City investigation.
SEWER SCHOOL: Armstrong moved, seconded by Morgan, that the City send Bob
Wier and Peter Kluegel (the Building Inspector) to the annual sewer
school at a cost of $60.00. Motion carried 4-0.
CITY SHARE OF LAND RENTAL IN REGIONAL PARK: Morgan asked for an accounting
of revenues received from the County for property rented .out in the
Regional Park.
CHRISTMAS LIGHTS: Morgan moved, seconded by Pott, that the City pay Don
Erbstroson $25.00 for his assistance in putting up the Christmas lights.
Motion. carried 4-0.
RESIGNATION OF THE BUILDING INSPECTOR: The Council decided to consider this
matter January 15, 1980.
HEALTH INSURANCE: Also, left for the January 15th meeting.
COUNCIL VACANCY: Mottaz moved, seconded by Morgan, to adopt RESOLUTION 80-31
appointing�Carvl Jeanne Novak to the City Council to fill the unexpired
term of Michael Johnson. Motion carried 4-0.
TRAPPING: Mayor;Armstrong will prepare recommendations on an Ordinance banning
leg -holding traps.
ADJOURNMENT: Mottaz moved, seconded by Morgan, to adjourn at 11:04 p.m.
CLAIMS TO BE APPROVED AT THE JANUARY 2, 1980 COUNCIL MFIETING f
79835
Collyard Electric -- from Dec. 11, 1979 claims
$ 705.87
79879
Postmaster - Box Rent - 1 year
10.00
79880
Northern States Power Co.
1,033.32
79881
Mollie Hedges - 12/18 & 12/24 newsletter
220.00
79882
Minn. Benefit Assn.
15.90
79883
Minn. State Fire Dept Ass'n - 1980 Dues
20.00
79884
Fire Chief Magazine - 2 year subscription
17.00
79885
Goodin Company - water dep't
40.79
79886
Pitney Bowes - postage meter
45.75
79887
Oakwood Animal Hospital �� (2
/ '� °"�
93.00
79888
St. Croix Tire Center, Inc.
322.56
79889
Garwood -Twin Cities 0
6.30
79890
C & H Oil Company - 30 gal. drum oil
84.60
79891
Eckberg, Lammers, Briggs & Wolff - Offt Bldg.
155.00
79892
Stillwater Gazette - legal publications
19.35
79893
Laurence Whittaker - Balance of $100. ded.hosp.
7.30
79894
Four Seasons Services
16.90
79895
Shamrock Construction Co. - water dep't Vy\-Ct--vL4
,, 4, 727.00
3
79896
Internal Revenue Service - Soc.Sec.Adm. costs ��,
S 7 50.20
79897
Hach Chemical Co. - water dep't
13.86
79898
Suburban Lighting - putting up Christmas l.ites
63.75
79899
International Harvester Co. - fire dep't
10.75
79900
Ridgewood Builders - fire dep't wall
500.00
79901
David A.Kirscht Associates; Inc. - Demontreville Park final
pmt. 913.95
79902
Northwestern Bell
195.57
79903
University of Minn. - Bo}�.A�et& .SewT? Treatment Workshop
a
60.00
79904
% tov�'
Commissioner of Revenue - State Withholding
537.10
79905
State Bank of Lake Elmo - Federal Withholding
1,031.20
79906
State Treasurer - Social Security
1,028.22
79907
thru 79918 January llth payroll
3,500.00
$ 15,445.24
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