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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 n%A ok &"A44oe*%i ZJ 1 001'If I .