HomeMy WebLinkAbout04-01-80 CCMLAKE ELMO CITY COUNCIL MEETING, APRIL 11 1980
Acting Mayor Pott called the meeting to order at 7:30 p.m. Councillors in
attendance: Novak, Morgan, Mottaz (7:50), Armstrong (8:00), also Administrator
Whittaker.
AGENDA: Additions — Engineer's Report: Authorize 'cost estimate for Oace
Road — Administrator's Report: Waive hearing on State Property
Tax Abatement; Street Sweeping (quotes; Roger Meyer, Offer on City
Property; Consultant for Fire Depatment Planning — Council
Reports: Clean —Up Days; Authorize Survey for Building Located on
Ridgeway Drive; 15th Street Vacation; Lease on Richert Garage.
Novak moved, seconded by Morgan to approve the agenda as amended.
Motion carried 3-0.
MINUTES: Corrections, March 18, 1980 — Water Surface Use Recommendations —
Motion should read "Pott moved........ to implement the recommendations
of the Water Surface Use Committee." Page 3 — Utility Permits — ...
The.,insert "City" has had problems.....
Novak moved, seconded by Morgan, to approve the minutes of March 18,
as amended. Motion carried 3-0.
CLAIMS: Morgan moved, seconded by Pott, to approve Claims 80134 thru 80171.
Motion carried 3-0.
PLANNING COMMISSION REPORTS:
A. Brooks Superette — Mayor Armstrong reviewed the Planning
Commission recommendation on the site and building plan.
Jack Walsh, Brookes Representative, explained the revised proposal,
which will include on —site ponding, as recommended by Barr Engineering.
Mr. Walsh questions the need for ponding based on the soil borings in
the area. Unless the Council desires all the required parking be
put in, Brook's would like to limit the amount of blacktop. Additional
parking space is available, if necessary, and will not interfere with
the ponding area.
Larry Bohrer, City Engineer, has no recommendation�as he has not
seem the revised proposal. He will review it this week and send
his comments to the Administrator.
Armstrong moved, seconded by Morgan, to approve the site and building
plan for Brook's Superette subject to plan approval by the Engineer
and Building Inspector. All City Zoning regulations and Ordinances
shall be complied with. Motion carried 5-0.
B. Tartan Meadows — Mayor Armstrong read the Planning Commission
recommendation to deny this proposal based on the density proposed,
existing flood problems in the area, and the workability of the
sewer system.
Morgan moved, seconded by Mottaz, to deny theConcept Plan for
Tartan Meadows based on the recommendation of the Planning Commission.
R--80-19
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING A VARIANCE FOR LOTS OF LESS THAN
1.5 ACRES AND APPROVING A SIMPLE LOT DIVISION FOR EIMER
RICHERT
WHEREAS, Elmer A. Richert has made an application to the
City of Lake Elmo for a variance and simple lot division of the
following described real estate located in the City of Lake Elmo,
Washington County, Minnesota, legally described as follows, to -
wit:
That part of Government Lot 5 of Section 10,
Township 29 North, Range 21 West, Washington
County, Minnesota, described as follows:
Commencing at the southeast corner of said
Government Lot.. 5; thence North 01 degree 31
minutes 51. seconds West, bearing oriented to
the Washington County Coordinate System, South
Zone, along the east line of said Government
Lot 5 a distance of 1694.00 feet to the point
of beginning; thence South 88 degrees 28 minutes
09 seconds West feet to the west line of
the east 170.00 feet of said Government Lot 5; \
thence North 01 degree 31 minutes 51. seconds \
West along said west line 321.13 feet to the
center line of Lake Jane Trail (a/k/a/ 45th
Street); thence North 87 degrees 16 minutes 39
seconds East along said center line 89.1.2 feet;
thence North 86 degrees 16 minutes 39 seconds
East along said center line 57.35 feet; thence
easterly along a tangential curve, concave to
the north, having a raduis of 657.00 feet and
a central angle of 02 degrees 03 minutes 37
seconds, a distance of 23.63 feet to the east
line of said Government Lot 5; thence South 01
degree 31 minutes 51 seconds East along spid
east line 326.50 feet to the
point of beginning, containing 1.26 acres,
more or less. Subject to a road easement for
Lake Jane Trail, as presently traveled, over
the northerly 33.00 .feet thereof
AND
That part of Government Lot 5 of Section 1.0,
Township 29 North, Range 21 West, Washington
County, Minnesota, described as follows:
Commencing at the southeast corner of said
Government Lot 5; thence North 01 degree 31
minutes 51 seconds West, bearing oriented to
the Washington County Coordinate System,
South Zone, along the east line of said Govern-
ment Lot 5 a distance of 1694.00 feet; thence
South 88 degrees 28 minutes 09 seconds West
170.00 feet to the west line of the East 1.70.00
feet of said Government Lot 5 and the point of
beginning; thence continue South 88 degrees 28
minutes 09 seconds West 160.00 feet to the west
line of the east 330.00 feet of said Government.
Lot 5; thence North 01 degree 31 mintues 51.
seconds West along said west line of the east
330.00 feet of Government Lot 5 a distance of
317.80 feet to the center line of Lake Jane Trail
(a.k.a. 45th Street); thence North 87 degrees 16
minutes 39 seconds East along said center lane
160.04 feet to said west .line of the east 170.00
feet of Government Lot 5,.thence South 01 degree
31 minutes 51 seconds East along said west line
321.13 feet to the point of beginning, containing
1.17 acres, more or less. Subject to a road
easement for Lake Jane Trail., as presently traveled,
over the northerly 33.00 feet thereof.
WHEREAS, it appears that a variance is appropriate in
this case and that the two parcels will exceed the average
lot size in the area, both parcels have access on an improved
public street, both parcels have sufficient area for two drain
field sites and one acre of land suitable for drain fields; and
WHEREAS, it appears the above -described land was not at the
time of the application separately described parcels of record;
and
WHEREAS, there does not appear to be any reason related to
public health, safety and welfare which would require a denial
of said variance and simple lot division for said property; and
WHEREAS, the City Planning Commission considered the
proposed variance and simple lot division and recommended
approval thereof:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Lake Elmo as follows:
2
The application of Elmer A. Richert for a variance
and simple lot division is, hereby, granted.
Adopted by the City Council. of the City of Lake Elmo this
1st day of April, 1980.
Attest:
Laurence Whittaker
City Administrator
Thomas G. Armstrong, Mayor `j
3
LAKE ELMO CITY COUNCIL MEETING, APRIL 1, 1980
-2-
Tartan Meadows -_Discussion:. Morgan
the -City received an engineers repo
d. / treatment.plant could handle the Ol
Problems servicing their own users.
rt
stated that two years ago
saying that the Cimarron
Village; today they have
His is not confident these
sewer systems can be engineered to work indefinitely, particularly
in an area where serious surface water problems exist. Pott also
expressed concern about these systems; but is anxious to see an
alternate to the 'big pipet in the City. He feels this ,would be
a good location and density, provided the surface water problems
are resolved and the septic system works. Armstrong feels the
12 A required in the Comp Plan should be adhered to. He also
questioned the density for this type of system. He does not
think this is the place to experiment, especially with the existing
water problems. Mottaz agrees with Morgan and also feels the City
would be forced to assume responsibility for the system should
it fail. He sees no alternative but the required 12A lots.
Motion carried 4-1. Pott opposed. He feels the City should seek
alternative methods to the 'pipe' other than 1-A lots; and,
considers;this an appropriate area for density similar to Cimarron
should no surface water problems exist. No representative of
Tartan Meadows was present.
C. Richert - Simple Lot Subdivision - Mayor Armstrong reviewed the
Planning Commission recommendation to approve this lot division.
*Amended 4/15/80 to 24A The entire tract is*2--A, one parcel containi.ng*IA, the other 12A.(these
add- lbs-s than 1A... are on separate tax parcels) Mr. Richert want to divide the property
into equal 1.125A parcels. Surrounding lots average 1A.
Morgan moved, seconded by Pott, to approve Resolution 80-19, a
Minor Subdivision for Elmer Richert, and a variance for a 1.125A
lot size. Motion carried 5-0.
Mr. Richert will supply the City with a Certificate of Survey
indicating the two new lots.
D. Comprehensive Plan Amendments - Surface Water Plan
The Administrator advised the Council of the Planning Commissions
recommendation that an over-all surface water management plan be
developed and given priority attention based on current requests
for development and recent development in water problem areas of
the City.
E. Petition for Traffic Control on 50th Street - Mr. David Brown
and several residents in the Hill Trail 50th Street area submitted
a petition requesting signs be posted regulating boat launching,
parking, and speed in this area. Brown discussed this with the
Council.
Morgan moved, seconded by Pott, to post No Parking signs, No Public
Access signs, and 30 MPH spoad limit signs in the area of Hill Trail
and 50th Street. Motion carried 5-0. The Council also advised
Mr. Brown to contact the Sheriff for tagging if violations continue.
LAKE ELMO CITY COUNCIL MINUTES, APRIL 1, 1980
—3—
ENGINEER'S REPORT: A. Engineering Standards — Mottaz moved, seconded by
Armstrong, to adopt Resolution 80-18, adopting the Engineering Standards
for the City of Lake Elmo. Motion carried 5-0.
TKDA will provide the City 20 copies for distribution. A fee of
$10 per copy will be charged to the public.
B. Surface Water Problems: "Old Village" —
a. Trunk Highway 5 — North side of 'fOld 212" in Brooknan Addition
to the west of Century 21. Damage is being done to the highway
and possibly to the new culverts under Laverne Ave. N. No ditching
was provided, in the plan, to outlet this culvert; and, no ponding
is proposed until Phase II. The Engineer recommended the developers
ditch from the culvert east to the highway culvert. The developers
suggested this was not a development caused problem, but a City
wide one. The Highway Department believes this was caused by the
development and will not do the necessary ditching. They stated
the water previously flowed east naturally past Brookman Motors.
The construction of LaVexne Avenue N+restricted the flow, and':
regrading of the highway ditch will be necessary to regain this flow.
The Council instructed the Engineer to write the developers and
tell them that they are to construct the necessary ditching or the
City will construct it and use their bond to cover the cost.
The Engineer informed the Council additional bonding was secured
to cover such costs. Also, the developers should be urged to
develop a ponding area before development of Phase II.
b. 34th Street — Lohmanr.;Property— The City built a tempory
berm to alleviate the water problems on the Lohman property. It
was suggested, to the Lohmannt that the ultimate solution is to
petition the City for a street improvement project. To date
the City has not received such a request. This is a long standing
problem area and cannot be solved by temporary measures. The
Council instructed the Administrator to send a petition form to
the affected property owners and let them determine what action
should be pursued.
c. Oace Road — The Administrator requested the Council authorize
the Engineer to prepare a cost estimate for construction of the
road servicing the five outlots in Oace Acres. The Oaces' agreed
to pay for construction of a City standard road; for,emergency
vehicles, at.the time of the subdivision.
Mottaz moved, seconded by Pott, to authorize the Engineer to put
together a cost estimate for construction of the road to the Outiota
in Oace Acres. Motion carried 5-0.
C. MSA Alternatives — Recent traffic counts indicate 20th Street
30th Street, Jamaca Avenue, LaVerne Avenue, and Lake Jane Trail
carry the most traffic. All these roads are in good condition.
TYm Engineer recommended no construction be done in the Old Village
until the 201 study is complete. Morgan does not feel the City
should go into debt or bond for road building.
R80-20
RESOLUTION
CITY OF LAKE E:LI40
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ACCEPTING; THE FEASIBILITY REPORT
FOR TIIE 1980 STATE AID IMPROVEMENT PROGRAM, AND
CALLING FOR A HEARING ON THE FEASIBILITY OF A
PROJECT TO IMPROVE 45TII STREET, JULEP, AND 47TII
STREET FROM JANE ROAD NORTH TO KEATS AVENUE NORTH
PURSUANT TO MINNESOTA STATUTES SECTION 429.011 TO
429.3.11.
WHEREAS, the City of Lake Elmo is eligible to
receive construction funds for the improvement of municipal
state aid highways for fiscal 1980; and
WHEREAS, the City Council did on November 20, 1979,
by Resolution 79-52., order a feasibility study for an MSA
improvement project on 45th Street, Julep, and 47th Street
from Jane Road North to Keats Avenue North; and
WHEREAS, the City Council reviewed the report of
the City Engineer at the April 1, 1.980 meeting and accepted
that report,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Lake Elmo that a public hearing be scheduled
for May 6, 1980, at 7:45 p.m. to consider the feasibility of
the 1980 State Aid Improvement Program
Adopted by the City Council of the City of Lake Elmo
this the Ist day of: April, 1.980.
TTiomas G. Armstrong —,—Mayor
AT TE O T :
Laurence' FWkia.ttakerv��''-
City Administrator
LAKE ELMO CITY COUNCIL MEETING, APRIL 1, 1980 -4-
MSA Alternatives — Morgan moved, seconded by Armstrong,.to
authorize expenditure of available funds to improve the 3/4 mile
of road from the east or west that MSA funds will cover.
*to adopt Resolution 80-20, to call a hearing on. use of MSAfunds
kAmended 5/6/80 Mottaz moved, seconded by Novak to amend the motion to read,/ to blacktop
the remainder of 45th Street, Julep and 47th Street to Keats Avenue
and work a trade—off with property owners for additional property
right—of—way in lieu of an assessment. Amendment carried 5-0.
Motion, as amended, carried 5-0.
DEMONTREVILLE PARKING: The Engineer reported he had made a recommendation to
the County to improve the shoulder for parking; and is waiting for
a response.
PARK COMMISSION: A. Rate Schedule — The Park Commission recommended a revised
rate schedule for use of City parks. The Council authorized Morgan
and Whittaker to come up with a new schedule for the next meeting.
B. Soo Line Right—ofyWay — The Park Commission recommended
acquistion of this right—of—way. The Council instructed the
Administrator to write a letter to the DNR supporting acquisition
and development of the right—of—way through Lake Elmo and asking
what provisions will be made for parking along the trail.
C. Lake Elmo School — Play Equipment — Morgan reported the Park
Commission recommended donating $1,000 toward park equipment at
Lake Elmo School. They proposed taking $1,000 from the Jaycees
Huff and Puff Days donation.
Armstrong moved, seconded by Novak, to appropriate $1,000 from
the Huff and Puff Days donation, received from the Jaycees, toward
the purchase of play equipment at Lake Elmo School. Motion carried 5-0.
D. Taber Park Tennis Court Specs — Morgan reported Tom Monette
has a complete set of specs ready for bid. The specs, list of
prospective bidders, and the drainage plan will be sent to the
Administrator by Friday, April 4. He also stated the Park Commission
will assume total responsibility for this project.
E. Lawcon Grant — The Park Commission has no project proposal
for use of Lawcon Funds. Development of the beach area at Sunfish
Lake was suggested, if the City is willing to assume such responsibility.
The Council was not in favor of developing a beach at Sunfish Park;
and, suggested making no application for funds this year.
OTHER COUNCIL REPORTS:
A. Mottaz — Clarify Position on Boat Launch, Regional Park —
Mottaz again expressed concern that the wishes of Lake Elmo are
going unheard by the Regional Park Committee and other groups.
Decisions are being made with no consideration to what Lake Elmo
wants in its community. He suggested seeking other means of being
heard, possibly going,,againato the Met Council. The Administrator
will contact the Met Council and see what stage the review of
this plan is in.
LAKE ELMO CITY COUNCIL MEETING, APRIL It 1.980
—5—
B. Fire Committee — The Administrator requested authorization to
hire a consultant for the Fire Committee.
l Pott moved, seconded by Morgan, to authorize a $200 consultant
fee for Lyle Robinson. Motion carried 5-0.
Bids on the Fire Truck — the City will ask for estimates based on
present specs.
CLEAN—UP DAYS: Hagberg Grocery will let the City use its bailer to dispose of
cardboard. Gary Horning will be in charge of a Scout paper drive
and Charles Schwartz, Bayport, will pick up all metal and batteries.
Brush will be separated out and disposed of on —site. Novak asked
if the City has any program to pick up rubbish from the elderly
or handicapped. The Tri—Lakes area provides this service for
residents in that area, but it is not done elsewhere in the community.
ADMINISTRATOR'S REPORT:
A. Policy — Use of City Forces in Flood Emergenc. — The Administrator
has been contacted several times during the recent thaw to resolve
water problems in basements and yards. The City does not perform
any pumping service unless it is caused by a City facility mal—
functionl (eg. storm sewers, plugged ditch, or improper highway
grading). The Council agreed the City should not be in the emergency
service business. The City will maintain a list of numbers for
residents to call when such emergencies arise.
Novak moved, seconded by Pott, the City will perform emergency
service assistance for residents in extreme emergency situations.
Emergency qualified as the elderly, handicapped or retarded.
*Addition 4/15/80 Motion carried 5-0.*The Administrator will write a policy.
B. Cable TV — The City Attorney recommended the City consider
being included in a cable service territory. He would like to
discuss this with the Council.
Armstrong moved, seconded by Pott, to table any action until April 15;
and hear the City Attorney's opinions; and to insturct the Administrator
to verify if the community can be split along School District lines.
Motion carried 5-0.
Project 1003-1004 Petition — Storage in West Lakeland, Outlet to
Horseshoe Lake to Storage Site, Improvement of Area through Tartan
Park, and County Improvement of Outlet under Lake Elmo Avenue ,7 ,
Pott moved, seconded by Morgan, to riot consider this item.
Discussion: The Administrator explained that the Watershed has
secured agreement from the County, 3M, West Lakeland and Valley
Branch to participate in the Preliminary Fund. Valley Branch
Watershed District stated a determination of cost effectiveness
can be made for $30,000. Lake Elmo's share would be $6,000.
Armstrong favors risking $6,000 since West Lakeland, Valley Branch
/ Watershed District, 3M, and the County are willing to participate.
Their involvement also increases the chance of the project being
ordered. Pott and Morgan said Lake Elmo should not risk any money
until Valley Branch Watershed District carries the first $200,000
of the project.
Motion to table carried 3-2 with Mottaz and Armstrong opposed.
LAKE ELMO CITY COUNCIL MEETING, APRIL 1, 1980
—6—
D. Sign Ordinance — Laura Frazer, Businessmen's Association,
reviewed recommendations of the Business Association with the
Council.
Armstrong moved, seconded by Mottaz, to approve the Sign Ordinance
with the following changes; in commercially zoned areas — two (2)
signs the first 150 ft. of frontage; and, one sign per each additional
150 ft. of frontage; with the changes recommended by the Businessmen's
Association. Motion carried 5-0.
E. Water Surface Use Regulations — The Administrator asked if the
Council agreed with all the recommendations of the Water Surface
Use Committee. The Council had no further changes.
Amended 4/15/80 Mottaz moved, seconded by Armstrong, to adopt Ordinance*g998,7909
Water Surface Use Regulations. Motion carriel
Amended 4/15/80 5-0.
F. Other — Tax Abatement — The Courieil review a letter from the
State requesting abatement of taxes back to 1973 on highway right—
of—way in Lake Elmo.
Pott moved., seconded. by Morgan; to waive- the: City's right to a
* Add .on — Amended hearing on abatement of taxies from 1973�on._ Motion carried 5-0.
4/15/80
G. Sheriff Contract — Morgan moved, seconded by Pott, to accept
the 19 0— 1 Sheriff Contract. Motion carried L1-0-1. Mottaz
abstained. as he would like to see a copy of the contract.
H. Offer on City Property — Roger Meyer — Mr. Meyer has accepted
the City's offer, of September 30, to purchase the property where
the old town hall stood. The sale price was $3500 plus 50010 of any
profit over $66,500 for the two parcels if sold within the next
five years.
The Council discussed this property as possibly providing parking
or access to the City parking lot.
Armstrong recommended tabling any action until the next meeting
and instructed the Administrator to ask Mr. Meyer about an easement
through the parcel.
ANNOUNCEMENTS: A. Sweeping — Low bidder for street sweeping was Allied
Blacktop Co.
Morgan moved, seconded by Armstrong, to accept the low bid from
Allied Blacktop Co, for street sweeping. Motion carried 5-0.
B. Ridgeway Drive — Mr.Verlin Hanson has a structure built on the
City —right—of—way of Ridgeway Drive. The Administrator requested
a survey be made to locate this building.
Morgan moved, seconded by Armstrong, to authorize $50 for a survey
to determine the location of the building owned by Verlin Hanson
on Ridgeway Drive right —Of —way. This $50 will be added to the
Ridgeway Drive Vacation costs owed by Mr. Hanson. Motion carried 5-0.
C. Richert Lease — Pott moved, seconded by Morgan to extend the
lease onfhe R hert garage until the new maintenance building is
complete. The cost is $50 perrimonth. Motion carried 5-0.
LAKE ELMO CITY COUNCIL MEETING, APRIL 11 1980
—7—
D. 15th Street — The County has forwarded the time schedule and
/ list of homes they plan to acquire within the County Park. The
l Administrator recommended proceeding with the vacation of 15th Street.
The Council instructed the Administrator to verify if funds are
going to be available for these acquistions before any action on
vacation is taken. This will be on the April 15 Agenda and notice
will be sent to residents along 15th when vacation is to be
considered by the Council.
PARK ROADS: Armstrong recommended a letter be sent to the County Engineer
stating the City wants an agreement from the County that they
maintain the roads within the Regional Park. The Council agreed.
ADJOURNMENT: Mottaz moved, seconded by Armstrong to adjourn at 10:50 p.m.
Motion carried 5-0.
CLAIMS TO BE APPROVED AT THE APRIL 1, 1980 COUNCIL MEETING
80134
Volunteer Firemen's Benefit Assn. — New members dues $
6.00
80135
Void
80136
No. Central Section AWWA — Water Department Dues
40.00
80137
Postmaster — postage meter
200.00
80138
Northern States Power
989.88
80139
A.T.D. American — Kathy's desk
97.02
80149
Pitney Bowes — postage meter
45.00
80141
American Typewriter — Printing Calculator
175.00
80142
R. H. Stafford — Assessment roll book
57.90
80143
Mollie Hedges — 3/25 newsletter
140.00
80144
Minn. Benefit Assn — cancer policies
26.40
80145
Schwantes, Inc. — Furnace repair
67.70
80146
Northwestern Nat'l Bk. of Mpls. — St.&Sewer bond payment
6,046.25
80147
I.C.B.O. — Building Inspectors Dues
50.00
80148
The Croixside Press — envelopes, business cards, bldg.
inspectors inspection cards
247.13
80149
T. K. D. A. General Engineering $ 91.28
M.S.A. 5,003.15
5,094.43
80150
Washington National Insurance Co. — Emp.Hosp.
372.82
80151
St.Treas.Soc.Sec. Contr.Fund — March
1,171.44
80152
State Bank of Lake Elmo — March Fed. wh.
1,358.40
80153
Commissioner of Revenue — March State wh.
601.90
80154
Laurence Whittaker — April Expense
50.00
80155
Lydia Richert — April Garage Rent
50.00
80156
Junker Sanitation
35.00
80157
Northwestern Bell
127.12
80158
Bruce Rosenau — March mileage
70.25
80159
Vern's G.T.C. Auto Parts
112.59
80160 thru
80171 April 4th payroll
3,600.00
$ 20,832.23