HomeMy WebLinkAbout03-18-80 CCMLAKE ELMO CITY COUNCIL MINUTES, 14AIlCII 189 1980
Councilman Pott convened the meeting at 5:05 P.M. Councilors present: Morgan, Mottaz,
Novak, Mayor. Armstrong 5:10 p.m. Also, Administrator Whittaker
AGENDA: Additions — Board of Review Confirmation, Water Surface Use Committee
Regulations and -meeting with Council, Meeting Announcements, Resolution
to Acquire Id,ea1 Avenue Riot: —Of 4Jay from I9n/DOT, a License, City Energy
Program, Boat Launch, Park Donation to Lake Elmo Elementary, Newsletter
Article; and Water Problems in the Old Village.
Morgan moved, seconded by Novak, to approve the agenda as amended.
Motion carried 4-0.
MINU'TIES: Armstrong moved, seconded by Pott, toapprove the minutes of March 129
1980, Special Meeting with Mn/DOT. Motion carried 5-0. March 4 and
March 12 afternoon minutes were acted on at 7:30.
CLAIMS: CBas: Mottaz moved, seconded by Pott, to authorize the sale of the City's
CB radio units by the Administrator. Motion carried 5-0.
Mottaz moved, seconded by Armstrong, to approve Claims 80095 thru 80133,
Motion carried 5-0. The Administrator reported on the NAP bill — no
pumping was included on .last months power bill.
FIRE DEPARTMENT PLANNING — Representatives from the Old Village, Tri—Lakes, and
Cimarron met with the Council and the Fire Chief to discuss the goals
and purpose of this committee and to set up a meeting date. Another
representative from the Fire Department will be chosen at their next
business meeting. Crossroads Ford is also interested In sending a
representative .for Section 32, The Council would like the committees
recommendations ready for evaluation within three to four months; and
requested that the tele—squirt truck be given priority consideration.
The first meeting will be March 27, at 7:30 p.m.
1. ACRE LOTS, 60'h; RULE: The Council reviewed the Administrators' interpretation of the
60% Rule that would require a variance to sell or develop an undersized
lot if the same party owned an adjacent lot that did not, meet; current
lot size. Ibis was not the intent of the Ordinance. '.Ime Administrator
recommended a clause be added to the 60M Rule stating, anyone with a
lot of more than -one -acre be allowed, to build on or sell adjacent lots
provided all, other code requirements are met.
Armstrong moved, seconded by Pott, to instruct the Planning Commission to
hold a hearing on an amendment to the Zoning Ordinance permitting owners
to build or sell adjacent lots if they meet the other requirements of
the Ordinance and had a one acre lot before October 16, 1979. Motion
carried 5-0.
USE OF CITY BUILDINGS: The City has been asked that the City Ball be used for. a Las
Vegas night. The Administrator advised the Council that a policy should
be drafted on who may use City buildings and for what cause. No provision
in the law allows gambling and, use of public buildings for. such
I reflects condoning the activity.
Armstrong moved, seconded. by Mottaz, to draft a policy that bars the use
of public buildings to any event that violates State law or City ordinance.
The Council does not consider Las Vegas nights appropriate use of the
City Hall. Motion carried 5-0,
LAKE ELMO CITY COUNCIL MEETING, MARCIi 18, 1980 —2—
CITY BUILDINGS: The Administrator suggested the Council define ehari.table vs non —
charitable. The Council agreed all organizations are welcome to use the
City facility until such time as scheduling problems arise.
FIELD RENTALS: Morgan requested •the fee schedule be presented to the Park Commission
for review and up —date. Their recommendations will come back to the
Council for approval.
WATER PROBLEMS: Brockman Addition — The Administrator will check with the Engineer
and see if all improvements in the plat have been completed.
Lohman — Mrs, Lohman contacted Councilman Pott about flooding in her
,yard. He looked at the situation and suggested adding fill to the
south and west sides of the house, then grading it away from the structure.
The Administrator will write a letter to the Lohmann's to this effect.
ENERGY PLAN: Pott suggested the City iniatiate an energy program. This would include
night set —back theromstats, insullatibn of City Hall, over—all consciousness
by all City departments for energy conservation. Be also suggested the
Newsletter be used as a means to let residents know the City is doing
their part .for energy conservation. The Council agreed this type of
program should be pursued by the City.
LAKE ELMO BOAT LAUNCH — REGIONAL PARK: Morgan stated the County Park Commission was
unaware of Lake Elmo's request for a carry—over boat launch and the
other requested modifications in the proposed plan. The Administrator
copied all correspondence to the Chairman of the Commission this past,
week. Armstrong suggested all correspondence be copied to each member
at their home,. The Administrator will send copies to all Park Commission
members before their next meeting.
LAKE ELMO SCHOOL i PLAYGROUND ERUIPDWp: Morgan was contacted by Mrs. Fisk, Lake Elmo
.11lementary teacher, who is heading a committee to raise funds to buy
equipment for, the school. The school board. turned their request for funds,
and request a donation from the City. Morgan asked what the City policy
is concerning such requests. The Park Commission will discuss the type
of equipment purchased if the City agrees to the donation, Pott suggested
contacting the school board and find out why Lake Elmo was turned down
for funding. The Administrator will call them and report back to the
Council,
NEWSLETTER: Morgan expressed dissatisfaction with the Newsletters' manner of reporting
the trapping issue. Ilse does not feel the Newsletter should be used as
an editorial media for such issues. The Council agreed.
DINNER — Ben's Elmo Inn
MINUTES: Morgan moved, seconded by Mottaz, to approve the minutes of March 11,
afternoon meeting and. March 12, 1.9809 meeting as written, Motion carried 5-0.
HILDEBRANDT MOVING PERMIT — STORAGE BUILDING TO '7703 lOth, STREET:
The Council reviewed the Planning Commission recommendation to approve
this request, The Building Inspector recommended that a second floor
joist system be put: under the second story.
Armstrong moved, seconded by Morgan, to approve the moving permit for
Mr, Hildebrandt, provided it meets the requirements of the Building
Inspector. Motion carried 5-0.
LARE NLMO CITY COUNCIL MCITING, MARCH 18, 1980
—3—
PATTI HOMES: Conditional Use Permit Extension — Patti Homes is requesting a 60 day
extension to bring a storage building up to code. The Building Inspector
stated, the work can be completed in 30 days.
Mottaz moved, seconded by Morgan, to require Patti homes to bring the
storage building up 'to code within 30 days. No extension will be granted.
Motion carried 5-0.
ZONING ORDINANCE AMENDMENTS:
A. Permit On —Sale Liquor in Public Zone by Conditional Use Permit —
There were no public objections at the hearing. The Planning Commission
recommended the amendment to the Zoning Ordinance to permit the sale of
on —sale liquor in the Public Zone by Conditional Use Permit (CUP).
Armstrong moved, seconded by Pott, to adopt Ordinance 7907 amending the
Zoning Ordinance to allow the sale of on —sale liquor in the Public
Zone by Conditional Use Permit. Motion carried 5-0.
B. Conditional Use Permit — Tartan Park — Armstrong moved., seconded by
Pot�t, to adopt Resolution 80-15, granting a Conditional Use Permit to
Tartan Park, permitting on —sale liquor in a Public Zone. Motion carried
4-0-1. Morgan abstained.
C. Shoreland Ordinance — .All changes in the BUR letter and subsequent
amendment memo were considered at the public hearing. No public objections
were heard. The Administrator stated the only addition to his memo (attached)
would be clarification by the DNR to where the streams axe and designation
they have in the Code. The Council asked why Eagle Point Fork Stream is
not included,
*adopt Ordinance 7908
Upended 4/1/80 Armstrong moved, seconded by Morgan, tc*amoa the Shoreland Ordinance
to include the._- DNR Regulations. Motion carried 5-0.
ENGI ' S REPORT:
A. Schifs, Gate - Mr. Sohifsky was given the option of removing the
stone monument at the entrance to.Foxfire, or deed the City the private
property they rest on and construct a guard rail, He agreed to provide
the dew and build the guard rail. IIe asked the guard rail be timber
rather than galvanized steel. The Engineer recommends a sketch of the
rail` -be submitted. and approved before construction. The City wants
easement rights around the monuments for maintenance purposes, the area
of easement to be determi.ned.by the City Engineer. Mr. Schifsky will
have to secure -the easement rights from Lawrence Kleis, whose property
the north monument rests on.
B. En nearing Standards - The Engineer restated his concerns about
utility easements and the placement of utilities in these easements.
He recommended wording to the effect that the easements will be prepared
in a manner acceptable to the City Engineer.
Morgan moved, seconded by Armstrong, to draft a resolution for the April 1
meeting adopting the Engineering Standards as a policy for the City
of Lake Elmo, Motion carried 5-0.
*Amended *City
4/1/80 0. Utility Permits - The/has had problems with Northwestern Bell and
NSP restoring areas, after utility installation, to their pre-existing
condition. Present permits with these companies are reviewed by the
Engineer, but no''fee is charged or after installation an inspection made.
ORDINANCE NO. 7907
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 301 OF THE 1979 MUNICIPAL
CODE OF THE CITY OF LAKE ELMO.
Pursuant to the authority granted by Minnesota Statutes
Chapter 104, the City Council of the City of Lake Elmo ordains:
Section 1. Amendment. Section 301.070 (D) (11) (a) is
hereby amended by adding paragraph (4) to read as follows:
(4) On -Sale intoxicating liquor sales by Conditional
Use Permit.
Section 2. Effective Date. This Ordinance shall take
effect and be in force' from anc7 after its passage and publication
according to law.
Passed by the City Council. this lki _ day of March ,
1980.
--Th--omas G. Armstrong, Mayor ---:i7)-
ATTEST:
Laurence E. Whittaker
City Administrator
LAKE ELMO CITY COUNCIL MEETING, MAROH 189 1980
C. Utility - The Administrator recommended a fee to cover
City expenses and to insure proper restoration of property by the
utility companies. The Council agreed. The Administrator will draft
a regulation providing a permit and fee, structured on a, time and
material basis.
D. MSA Feasibility Report - 45th, 47th, Julep, and Keats Avenue are
being considered for improvement in 1980 with Municipal State Aid money.
The area is two mile lane, the estimated cost is $65009000,
%be Council discussed at length the cost, the improvement, and the asses-
sment to affected property owners. They discussed- 1) polling the
residents on these streets to see if they wanted the improvement, 2)
spending the money on problem areas within the Old Village, 3) the
desireability of a collector street on Keats, and 4) the realignment of
45th. and Keats. The Council agreed to table any action until other
options can be explored. The Administrator and Engineer will prepare
alternate suggestions for the April 15, 19809 meeting,
E, DeMontreville Access Parking - The County has no objections to the
City filling the area adjacent to the public access provided all DNR and
Valley Branch watershed District requirements are met. The estimated
cost will be $2000 which will be paid by the City. The Council authorized
the Engineer to apply for the necessary DNR permit.
T'. Beutal Pond - The DNR has agreed, to grant a permit to lower the culvert
at Beutal's P.-ond outlet; provided this is a temporary measure, and there
is no objection from Valley Branch and the County. Permission for the
temporary dike on Eagle Point Lake will be secured until the County
develops -the over-all plan for the Regional Park.
TENNIS COURTS - TABLYN PARK- Morgan moved, seconded by Armstrong, to authorize the
Engineer to prepare the final plan sheets for the tennis courts in
Tablyn Park and authorize the Administrator to take bids for same.
Motion carried 5-0.
ADMINISI'RATORIS REPORT:
A, I Ton Truck Bids - Morgan moved seconded by Mottaz, to accept the
low bid o- f $bar877 plus an additional $40 for 8-plv tires, from Joe 01-Brien
Motors, Hastings, Ri.9 for a I Ton Truck, Chassis, body,' and box.
Motion-�oaxried 5-�O.,
B, Joint Powers - Code Enforcement - Armstrong moved, seconded by Morgan,
to approve the Joint Powers Agreement with Mahtomedi for the Code Enforcement
Officer, Motion carried 5-0.
C. Cimarron. Meeting. April 1. 1980.7 p.m. - Morgan moved, seconded
by Motta,z, to hold the April 1, 1980, Council meeting at Cimarron at 7-30 p.m.
Motion carried 5-0.
D. Load Limits - Motta% moved, seconded by Armstrong, to authorize
setting load limits in Lake Elmo to coincide with County limit dates.
Motion carried 5-0.
R-80-16
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION VACATING A PUBLIC STREET - A PORTION OF
RIDGEWAY DRIVE - IN TABLYN PARK
WHEREAS, at a .regular meeting of the City Council of
the City of Lake Elmo, Washington County, Minnesota, held
July 5, 1978, a Petition was presented to the City Council
praying for the vacation of that certain public street in
the plat of Tablyn Park described as follows:
Ridgeway Drive, as described and dedicated in
the plat of Tablyn Park which plat is on file
and of record in the office of the County
Recorder in and for Washington County, Minnesota.
WHEREAS, said Petition came on for hearing before said
City Council at a regular meeting thereof held at 7:30 p.m.
on Tuesday, August 1.5, 1978, in the City Hall pursuant to
notice thereof published and posted as required by law; and
WHEREAS, the City Council of the City of Lake Elmo has
conducted several additional meetings and discussions relating
to said vacation with the owners of the abutting property and
has heard all the evidence presented for and against said Petition
and after due consideration thereof has determined it is in the
best interests of the public of the City of Lake Elmo to vacate
a portion of said street for the following reasons:
1. The said street is unimproved and has never been
used for any public purpose.
2. It appears that as a result of the approval of the
plat of Tablyn Park Second Addition immediately adjacent to
said Ridgeway Drive that: no public purpose would be served by
improving or opening said street. In fact, the said street
would be inconsistent with the newly approved plat.
3. The said Ridgeway Drive is small and located so close
to residential developments that it could not reasonably be
used for any public purpose without a high probability of a
nuisance resulting.
4. The City would benefit by having said property
returned to private use and maintained as part of•the adjacent
private holdings.
R
5. The City Council has been informed and understands that
the owners of the land contained within the newly approved plat
of Tablyn Park Second Addition - namely, Top Twenty, Inc., a
Minnesota corporation - have agreed and consented to conveying
whatever interest they may have in part of said road to the
owners of the lands abutting said street on the Westerly side
thereof.
6. It .is understood and agreed that all of. the Petitioners
who own property abutting on the portion of Ridgeway Drive
which is proposed to be vacated and the said '.Pop Twenty, Inc.
will join in the conveyance to the City of Lake Elmo of a ten
foot utility easement in the lands which are now part of said
Ridgeway Drive which easement shall be located on the portion
of said street immediately adjacent to the newly approved plat
of Tablyn Park Second Addition.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo that the following described portion
of Ridgeway Drive, to -wit:
All that portion of Ridgeway Drive abutting Lots
16, 17,18 and 19, all in Block 3, as described
and dedicated in the plat of Tablyn Park, which
plat is on file and of record in the office of
the County Recorder., in and for Washington County,
Minnesota,
be, and the same hereby is vacated absolutely and forever
for the reasons set forth 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 utility easement required by the City as
described above be conveyed to the City by the Petitioners who
own the property abutting the portion of the street being
vacated and the said `Pop Twenty, Inc. by :instrument to be
approved by the City Attorney.
2. That said Top Twenty, Inc. conveyed to the owners
of the abutting land all that portion of said vacated street
in which Top Twenty, Inc. may have an interest.
3. That the owners of the abutting lots of the
street being vacated shall pay the sum of $308.00 each toward
payment of the costs to the City by paying said amount to the
City Clerk.
- 2 -
q
4. Upon payment of such costs by the affected Petitioners,
and performance of the other conditions above set forth, the
Clerk shall cause notice that this vacation proceeding has
been concluded to be served, upon the County Auditor and shall record
a certified copy of this Resolution with the County Recorder,
all as provided by and in accordance with Section 412.851 of
the Minnesota Statutes.
Adopted by the City Council of the City of Lake Elmo
this 18 day of March 1980.
Attest:
Laurence E. Whittaker
City Administrator
Thomas G. Armstrong, Mayor
- 3 •-
LAKE ELMO CITY COUNCIL MEETING, MARCIi 18, 1980
-5-
E. Clean -Up Daays, May 3 - Pott suggested that Clean -Up Days incorporate
recycling. Three possibilities are 1) contact the Scouts and suggest
a paper drive at this time, 2) separate brush and dump in West Sunfish
Park revine, and 3) secure a scrap iron dealer to bring a truck and
haul the scrap iron, If possible, have him pay for the scrap.
Armstrong moved, seconded by Pott, to set May 39 19809 as Clean -Up
and Recycling Days. Motion carried 5-0.
F. Calculator - Mottaz moved, seconded by Armstrong, to authorize $175
to purchase a calculator for the City Office. Motion carried 5-0,
G. Notices on Potential Flooding - The Council reviewed the Valley
Branch letter suggesting residents on Lake Jane be notified of potential
flooding. The Council took no action.
N, Soo Line RiRht-of-Way for DNR Trail - This right-of-way runs along
the edge of DeMontreville Park,
Mottaz moved, seconded by Armstrong, to send a letter to the DNR supporting
acquisition of this right-of-way by Lake Flmo, conditioned on approval
of the Park Commission, Motion carried LF-O-I. Pott abstained,
I. Now City Limits Signs - Novak moved, seconded by Morgan, that new
signs put up in the City will include permission required for hunting
and trapping. Motion oarried 5-0. New signs will be put up as they
need replacing.
( J. Rid ewa Drive - Armstrong moved, seconded by Morgan, to adopt
Resolution ft"0-1 selectively vacating those sections of Ridgeway Drive
where adjacent property owners have paid their share of vacation costs
and granted drainage easements, Motion carried 5-0,
LICENSES: Morgan moved, seconded by Mottaz, to approve a license for Genzr-Ryan
Plumbing and Heating, 14745 S, Robert Street, Rosemont, M. Motion
carried 5-0.
BOARD OF REVIEW: The Board of Review will be held June 4, 1980, from 2:30 P.M. to
7:30 p,m,
SHERIFF CONTRACT: Meeting will be held March 19. Discussion will be cost and
complaints of the contract..
WATER SUPYACE USE COMMITT E: Pott moved, sewn ed by Morgan, to draft an Ordinance
Amended 4/1/80 implementing the Water Surface Use�t14gA, Motion carried 5-0.
*recommendation of *Committee
IDEAL RIGHT-OF-WAY: Mottaz moved, seconded by Morgan, to adopt Resolution 80-17,
requesting the right-of-way of Ideal Avenue from the frontage road to
the service road. Motion carried 5-0.
ADJOURNMENT: Mottaz moved, seconded by Armstrong, to adjourn at 10:30 p,m,
R 80-17
RESOLUTION
CITY OF LAKE ELMO
WASUINGTON COUNTY, MINNESOTA
A RESOLUTION RF.OUBSTING THE COMMISSIONER OF TRANSPORTATION
TO RETAIN TIE RIGHT-OF-WAY FOR IDEAL AVENUE FROM THE
PROPOSED FRONTAGE ROAD TO T11E EXISTING SERVICE LANE FOR
TRANSFER TO THE CITY OF LAK17 ELMO FOR FUTURE STREET PURPOSES.
WHEREAS, the State of Minnesota pursuant to Minnesota
Statutes 161.44 Subd. 1, is permitted to retain right -of. -way
for public streets and grant it to the. City requesting such
right -of --way for future street purposes; and,
1,1TH REAS, the City of Lake Elmo, in considering the long
range plan for public streets, believes the extension of Ideal
Avenue from the proposed I-94 frontage road to the existing
service road will. be essential to promote. adequate fire: protection
and access for public safety; and,
WHEREAS, the Commissioner of 'Transportation has been
authorized to release the right-of-way, once procured for I-94,
at this time,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the
City of Lake Elmo that:
The City of Lake Elmo hereby requests the Commissioner of
Transportation retain the right-of-way for Ideal Avenue from
the proposed frontage road to the existing service road in order
that the State of Minnesota may errant said right-of-way to the
City of Lake Elmo for future street purposes.
ADOPTED, this the 18th day of. March, 1980, by the City
Council, City of Lake Elmo, Washington County, Minnesota.
SIGNED:
C9
Thomas G. Armetrong, MMayor
ATTEST:
Laiirencc F..L'WTi'xt4:aY.er ��
City Administrator
CLAIMS TO BE APPROVED AT THE MARCH 18th COUNCIL MEETING
80095 No. Star Chapter I.C.B.O. - Bldg. Insp. Seminar
80096 Volunteer. Firemen's Benefit Ass'n (2 new members Fire Dept)
80097 Lee£ Bros, Inc. - rags
80098 American Typewriter - Secretary Chair
80099 Four Seasons Services - cups and goodies
80100 Lawson,Raleigh & Marshall - General $ 884.43
Pass Thru 126.o0
80101 Croixside Press - letterheads
80102 Kern's North Star
80103 DeLaHunt Voto & Co. - 1979 audit
80104 Zignego Agency, Inc. - 1980 Package
80105 Vern's G.T.C. Auto Parts - Battery cub cadet
80106 Junker Sanitation
80107 Lillie Suburban Newspapers - legal publications
80108 City of Oakdale - animal control
80109 St. Paul Dispatch - truck bids
80110 Copy Duplicating Products - paper
80111 3 M BPSI - address labels
80112 Lake Elmo Land Surveyors - prints Lions park survey
80113 Mollie Hedges - 3/11/80 newsletter
80114 G. A. Meyer Mercantile - Janitor 20.59
Water (paint) 39.07
80115 Oakwood Animal Hospital
80116 Lydia Richert - Garage Rent Feb. & Mar.
80117 Laurence Whittaker - March Expense
80118 Elmer Richert (hospitalization reimbursement)
80119 C & H Oil Co. Bulk oil & grease
80120 Electronics Specialists CB repair and work
80121 Richard Murray -- V.B.W.D. pump maintenance
80122 Reed's Sales & Service - Fire truck repair
80123 thru 80133 March 21st payroll
35.00
6.00
7.20
85.00
19.50
1,010.43
34.00
364.94
51269.75
97712.00
36.24
35.00
50.o6
10.00
37.50
386.75
53.74
12.00
140.00
59.66
104.00
100.00
50.00
37.06
78.6o
92.66
128.96
248.80
4,000.00
$22,204.85