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HomeMy WebLinkAbout06-17-80 CCMLADE ELMO CITY COUNCIL.MEETINC:, JUNE 17, 1980 Mayor Armstrong called the meeting to order at 5:00 p.m. Councillors in attendance: Novak, Morgan, Pott, and Mottaz (5:10). Also, Administrator Whittaker. AGENDA: Additions: Tennis Courts at Lion's Park;. Jaycee Women - July t.4th Kiddie Parade; Barry Stephen - Condemnation in Lanes DeMontreville Country Club; Lohman Launch on Lake Elmo and Status Report - Project 3.006, Morgan moved, seconded by Armstrong, to approve the Agenda as amended. Motion carried 4-0. MINUTES. June 3, 1980 - Corrections - Page 5, I), Other, - Delete -_lest sentence and add c'The Engineer agreed that the inspections the City Council wanted done could be done for 9$600. Page 7, Administrator's Report, A, Lot 8 - lCrause's Addition, paragraph one to read,,,..,petitioning the City to accept this portion of unimproved road for maintenance. Morgan moved, seconded by Novak, to approve the minutes of June 39 19809 as corrected, Motion carried 5-0, CLAIMS: Armstrong moved, seconded by Morgan, to approve Claims 80358 thra 80391. Motion carried 5-0, The Fire Department has asked to purchase two pieces of 42,11 hard suction hose. This item is not budgeted and will require Council approval. Morgan moved, seconded by Mottaz, to adopt Resolution 80-35, transfering $543.00 from the Fire Equipment Pund to.the General Fund, to purchase two sections of 47"' Suction. Hose. Motion carried 5-0, BOARD OF REVIEW CONTINUATION: Bruce Abercrombie, representing Leed, Inc., developers of Elmo View Townhouses, came to clarify the ownership pattern and lot re_ striotions on Elmo View. The owners are requesting that the north 2.57 acres of Outlot A be declared unbuildable for tax purposes, until sewer is available. The south 1.92,aeres is a common lot for the six townhouses, and, eventually townhouses on the north 2.57 acres, Presently, Leed, Inc, pays the taxes on the entire outlot. The valuation on -the outlot is $279000; total valuation, including the property under the townhouses is 9$45,000. The Council agreed that the valuation on the vacant land should be reduced to 9$24, 8da0, reducing the total valuation to $)42,800. Novak moved, seconded by Morgan, to adopt the recommendations and corrections of the Lake Elmo Board of Review for 1980. Motion carried 5-0. Mary Leslie requested the 1979 Tax Record Book be retained at the City Office. The Council agreed. LAKE ELMO REGIONAL PARK: Mike Fox and Robert Lockyear presented the Council with the .finished plan Washington County had prepared, The Met Council has not yet completed review. The County Board has approved this plan. Armstrong stated the City's major concern is the reclassification of the park to Regional Park from Park Reserve, Mr. Lockyear, Washington County Planner, said the County Board has gone on record opposing any change in status of the park; and does not believe the County will develop the park unless the Park Reserve status is retained. The County will voice this stand at the June 26, public hearing on the Metro Park Plan, LAKE =0 CITY COUNCIL MEETING, JUNE 179 1980 -2- REGIONAL PARK: Basically, this plan indicates what will be developed within the park. The County hopes to have acquisition completed by the end of the summer. The entrance on the north end will be open to the childrens farm and -the boat launch; so fishermen do not disturb the campers in the area. Final deter- mination on this access will not be made until the park is open and functioning. The City has opposed an active entrance to the north. Boat launch - Met Council is exerting pressure for a boat launch facility that will allow all types of boats to be launched. The City has stressed that Lake Elmo is not large enough to acoomodate ski boats, as well as, fishing, sailing, and canoe type craft. The DNR designation of boats per acre of surface water for Lake Elmo is 17 boats, The Council feels the Park traffic will over -tax the lake (based on the number of boats permitted to launch at a private launch and resident boats around the lake), The plan calls for 45 parking spaces at the launch which the Council feels far exceeds a,reasonable number. They also disagree that limitiyzg the parking spaces will regulate the number of boats launohing, as suggested by Mr. Loekyear, Mr. Lockyear did say parking spaces could be out back to conform with the State Planning Agency and Met Council policy regulating the number of boats per acre of surface water. Mr. Lockyear stated -this is still a conceptual plan and can be changed. The Council reitterated its desire for a oarry-over launch and asks support of the County. The City intends to develop a policy regulating skiing and water use; but, looks to the County to help head -off problems before the park develops and pressure from outside Lake Elmo makes regulations hard to initiate, The Council would like to see the County do a, user/demand study before any determination is made on the launch. Swimming Beach - The City is concerned about the cost to create the pro- posed swimming beach. Thqrfeel the south shore of the lake could provide a good beach area, without the large expenditure suggested, Camping - The Council reitterated its concern about the 150 spaces provided for camping. They feel this is too much. Mr, Lockyear stated the camping areas will be developed a loop at a time,as demand requires. RV and general camping have been combined, Sewage, Police, and Fire Protection - The Plan does not address these areas, All sewage disposal will be on -site. Mr. Lockyear said he will keep 'Lake Elmo informed as the the progress of the plan, Again, he stated the County Board intends to defend the original agree- ment that the Lake Elmo Regional Park be a Park Reserve, and no more than 20Y6 of the park should be developed. The County is not in a position to maintain and operate a 29000 acre urban park. DINNER - BEN IS ELMO INN LEGION POND: All Council action on this project will require a 4/5 vote of the Council. The Petition will need a specific dollar figure in order to assess the pet- itioners for Engineering costs, should a project not be ordered, The Engineer feels the action that would assure results is pumping, A permit to pump into Lake Elmo will be necessary. Be estimates the cost to sink three 30" test wells, to determine where the water table is, to be 82,500 to $!y 000, Pumping and dredging would be considered in a Feasibility Study. LAKE ELMO CITY COUNCIL MEETING, JUNE 17, 1980 -3- LEGION POND: Mottaz stated the City is obligated to take some type of action, Morgan agreed; and, suggested the 'Valley Branch should have specific cost figures on drilling test wells. Morgan and Mottaz do not feel filling is an option; dredging is a consideration, provided the pond is sealed above the water table. Should this not be feasible, pumping is the only other approach. If the City does not want to expend the money to determine if dredging is feasible, then permits and easement should be secured and pumping beg6n. The Administrator cautioned the Council that the Ishgineer.advised the soils between Legion Pond and Lake Elmo could still form a connection and dredging the pond could cause it to raise. Morgan moved, seconded by Pott, to adopt Resolution 80-36, instructing the Engineer to prepare a study on using the City pump to pump30 acre feet, for cost estimate purposes, from Legion Pond into Lake Elmo; and ordering a public hearing on the feasibility, July 8, 1980, at 7:30 p.m, Motion carried 4-1. Novak voting nay. Novak does not feel pumping kas solved any problems in the past, it is an ongoing project, and may not cost less in the longs -run EQUITY HOMN3S:- CONDITIONAL USE PERMIT TRANSFER FROM PATTI HOMES: Nick Patti requested the Conditional Use Permit, issued to Patti Homes, be transfered to Equity Homes, Inc. Equity is leasing the property from Patti Homes; and has purchased all their inventory. Mr. Dean Roffers, Equity Homes, Inc., reviewed his operation; and noted he has nine other locations within the Twin Cities. Mro Roffers agreed to all the conditions and limitations listed on the permit issued_ to Patti Homes, Inc. The building on the premises has been fixed and approved by the Building Inspector. Armstrong moved, seconded by Pott, to _ adopt Resolution 80-37, transferring the Conditional Use Permit for Patti Homes, Inc., to Equity Homes, Inc., for the remainder of the 1980 permit period. Motion carried 5-0. PLANNING COMMISSION RECOMMENDATIONS: Ao Oakwood Animal Hospital - Armstrong reviewed the Planning Commission recommendation to approve the Conditional Use Permit for Oakwood Animal Hospital..The Administrator explained the circumstances of the permit. Pott moved, seconded by Mottaz, to adept Resolution 80-389 a Conditional Use Permit, for Oakwood Animal Hospital. Motion carried 5-0, Bo Joshua Taylor and Hapstrom Property R.ezonin - Pott moved, seconded by Armstrong, to adopt Ordinance No. 79119rezoning the Joshua Taylor Building and the Hagstrom property to GB from R-10 Motion carried 5-0, C. Willard Morton - Revised Concept Plan for Tartan Meadows - The Council reviewed the Planning Commission recommendation and the revised plan. The Council agreed with the 20 ft. access easement to the pond and City easement rights over the pond rather than ownership. Pott suggested central water be required on site or by hooking up to the Cimarron plant. Mr. Morton will contact Cimarron and see if this is possible. The Highway Department has approved the road alignments into the subdivision. The Council agreed this is an appropriate land use and type of development for this area; and, it is in agreement with the Comprehensive Plan. LAKE ELMO CITY COUNCIL MEETING, JUNE 17, 1980 -4- C. Willard Morton - Tartan Meadows - Armstrong moved, seconded by Mottaz, to approve the Concept Plan for. Willard Morton, 'Tartan Meadows, based on its appropriate zoning, its planned use in the Comprehensive Plan, and because it meets the lot size requirement. Discussion: A consideration for approval is the possibility of connecting into the central water supply at Cimarron. The developer will supply the City with a letter from Cimarron stating their position. Novak reitterated the Planning Commission's concerns about the ponding area and .that each lot meet the septic requirement, Mr. Morton stated a berm is proposed at the back of the pond to hold back the water. Motion carried 4-0-3. Pott abstaining, Pott expressed concern with 1-,�A lots in this area. Because the area already has high density development, he feels, the land should be considered for higher density. He thinks the central water question should be given greater consideration. JAYCEE WOMEN: Kathy Even, representing the Jaycee Women, request Council permission to hold a. Kiddie Parade July 4th, starting at l p,m, from the City Hall to Christ Lutheran Church, The VFW Auxiliary will co-sponsor. Morgan moved, seconded by Mottaz, to permit the Jaycee Women to hold a Kiddie Parade, July 4th, at 1 p.m. Motion carried 5-.0. D. Marvin Thurmes - House Moving Permit - Mr, Thurmes needs a permit to move his house from I30 Hudson Boulevard to 9189 Lake Jane Trail N. The Council reviewed the Planning Commission recommendation and the plans for remodeling the Thurmes home, The Building Inspector has gone through the house and recommends approval. The Administrator read a letter from Elmer Richert, stating he has no objection to Mr. Thurmes moving his home next to his. Mr. Thurmes is also requesting a variance from the minimum, house size of 940. His hous will be 928 sq. ft., 16 ft. short of the requirement. Phil Tschumperlin questioned the average house size in the area bbing 1300 sq, ft, He things it is more, and does not feel this house fits into the neighborhood,because of its size. He does not feel a variance is appropriate. Mr. Thurmes agreed to winterize (heat) the breezeway area, thereby, meeting the house size requirement of the Ordinance. Armstrong moved, seconded by Mottaz, to approve a permit to allow Marvin Thurmes to move a house from 8430 Hudson Blvd, to 9189 Lake Jane Trail, conditioned upon agreement by Mr, Thurmes and Building Inspector approval that, upon completion, there is 940 sq. ft. of livable space. Motion carried 5-.0. E. Amendment to the Zoning Ordinance for Non -Conforming Structures. Mottaz moved, seconded by Morgan, to approve Ordinance 79159 amending the Zoning Ordinance for Non -Conforming Structures. Motion carried 5-0. OLD BUSINESS: A. Larson Variance - Lot Size - The Council reviewed the Engineers report indicating that the Larson lot met 98.8/ of the over-all lot size in the area. Seven built -on lots were calculated independently to reach this figure; should lots l and 2 be considered as one parcel, the Larson lot would meet 85% of the average. When the lot size does not meet the code, City policy provides that if that lot meets 100°/ of the average of built -on lots in the area, it is considered buildable, provided all regulations on septic needs are met. LAKE ELMO CITY CCtINCIL MEETING, JUNE 179 1980 -5- Larson Variance - Pott reitterated his position, based on his previous motion, that the lot size meet 1001/6 of the average in order to be approved. Although, this is within 194 it does not meet the average. Pott moved, seconded by Novak, to deny the lot size variance ;for Steven Larson, based on the lot size in comparison to built -on lots in the area. Discussions 11r. Larson stated that in the opinion of the City Attorney this was a previously platted buildable site, and lot size is an indefensible position. Mottaz stated that the Engineer's figures belpg so close, there was stillroanfor error on the percent of accuracy. Armstrong stated there is a hardship based on size; and, that the septic and drainfield questions have been satisfactorily answered; and, this lot is larger than several in the plat. Novak asked why the Larson lot was considered in determining the average? Recalculation determined Larson's lot meets 82.4% of the average. Mr. Larson reitterated that the housais designed for the lot and its limitations. Mottaz stated the 82,11% of the average poses a much greater variance from the policy than 98,8'0. Motion carried 4-0-1, Armstrong abstaining, Armstrong is divided on the question since the sewer questions have been answered, yet the City policy has to be considered. Morgan qualified his nay by saying heetoo,is divided on this particular question due to the circumstances brought out during discussion, but at some point the Council has to draw the line and follow its guidelines and policies. Lot size was the Council's basis for denial, Mr. Larson stated he was contacted by the Building Inspector and he stated he would recommend approval of this variance, as would the City Engineer, This was verbal. Neither official was present at the meeting. B. Easement and Management of 1005 - Armstrong moved, seconded by Mottaz, to appoint Dave Morgan to the Valley Branch 1005 Committee. Motion carried Morgan abstaining. The Administrator will write Valley Branch stating the City wants them to begin construction of the bridges over the ski trails. C. Lake Elmo Outlet - Councilman Pott suggested the City adopt a general maintenance policy for Lake Elmo, Eagle Point, and Tartan Park Lakes, stating the City will maintain the outlet semi-annually from Lake Elmo so it is not restricted. Presently, there is eight to nine inches of silt in the entrance to the culvert. The Administrator suggested contacting the County and getting permission for this type of work by the City. The � policy should also state the City will minimize the water impact on Tartan Park and maintain the elevation of Lake Elmo at the outlet elevation by storing the water upstream on Eagle Point, within the limits of the DNR permit. The Maintenance Department will be governed by this policy. The Administrator will draft a policy for Council review. It will include the water level limitations of the DNR permits. An operating permit will still. need to be secured from DNR, The Council agreed to include the Horseshoe Lake outlet, D. Civil Defense Sirens - The Council reviewed the cost of sirens .for the Tri-Lakes and Cimarron areas. There is no Federal, State or City money available for these purchases. The Council instructed the Administrator to contact the Cimarron homeowners Association and the Tri-Lake Association; and, see if they would be willing to purchase this equipment. LAKE ELMO CITY COUNCIL MEETING, JUNE 17o 1980 -g- Civil Defense - The Administrator has requested the Fire Department recom- mend a, volunteer to serve as Civil Defense Director,. Mayor Armstrong l was contacted by a resident in Cimarron, who is willing to serve on a Civil Defense Committee. Residents in Cimarron are concerned about a warning siren and a shelter in case of tornado. The Administrator will contact the school district and discuss the possibility of a responsible person in the area have access to Oakland. Jr. High, in case of a weather emergency, Mottaz suggested bonding such an authority. E. Animals at Large - Next meeting, F. Lanes DeMontreville Street Vacations - Armstrong feels the streets in Lanes DeMontreville Country Club should be vacated, thereby, clearing up the plat. Armstrong moved, seconded by Morgan, to set a hearing to consider the vacation of streets in Lanes Demontreville Country Club. The hearing will be July 159 1980. Motion carried 3-1-1. Mottaz voting nay, Novak abstaining. G, Other - Legion Pond Petition - Two petitioners have request that their names be removed from the petition. Mottaz moved, seconded by Armstrong, to delete the following names from the Legion Pond Improvement Petition, Mr. William Slininger and Mrs. Lynn Garner. Motion carried 5-0. NEW BUSINRSSs A. Culvert on l5th Street - The Administrator reviewed his memo explaining the wash -out problems with the culvert on that part of 15th Street the City will not vacate to the County. The solution is a larger culvert, Pott moved, seconded by Morgan, to adopt Resolution 80-399 transferring $6800 from the Emergency Road Maintenance fundto the General 3.0und, for culvert replacement on 15th Street. Motion carried 5-0. B. Off- Road. Vehicles - General and on Private Property - An amendment to the Snowmobile Ordinance is necessary to include all off -road vehicles. Morgan moved, seconded by Armstrong, to authorize the attorney to draft an Ordinance amending the Snowmobile Ordinance to include all off -road vehicles on public and private property. Motion carried 5-0. C. P%C - Liability Insurance - The Planning Commission asked the Council to consider liability insurance. The Council did not feel the Planning Commission would be subject to suit since they are an advisory body only. Should a suit be initiated, the City Council has the authority to pay the legal expense. The Administrator will tell the Planning Commission of the Council's position. D. Licenses - Morgan moved, seconded by Armstrong, to approve a 1-day liquor license to Green Acres Recreation for the Lakewood Nursing Class Reuni.1n, Motion carried 5-0, Morgan moved, seconded by Armstrong, to approve the General Contractors License for Gausman Builders, Inc., 1092 Payne Avenue, St. Paul, 55101, Motion carried 5-0. LAKE ELMO CITY COUNCIL MEETING, JUNE 17, 1980 —7— E.. Beaubien - Mr._ Beaubien called and complained about, the pumping on Lake Jane, and its effect on Sunfish Lake._ To date, no relationship ;has been determined between the Lake Jane pumping and the rise in Sunfish Lake. The Council feels that Valley Branch should make this determination. The Administrator will write them a letter to this effect. F. Foreman — The Administrator has talked with the Maintenance crew, with the consensus being�Elmer Richert should be promoted to Foreman. Mottaz moved, seconded by Armstrong, to promote Elmer Richert to the pos— ition of Foreman, at a wage of $18,900/yr., in line with the pay plan. The Council wants to review the Maintenance crews4 responsibilities in three months. Motion carried 4-1. Pott opposed. ASSOCIATION OF METROPOLITAN MUNICIPALITIES DELEGATE: The Council is not interested in renewing the City's membership in the AMM. They feel m cyof their objectives are in conflict with the objectives of Lake Elmo. Armstrong moved, seconded by Pott, to reconsider the motion approving the Claims list and delete Claim No. 80380 — AMM dues — $434.00. The remainder of the claims to be approved. Motion carried 5-0. Armstrong moved, seconded by Pott, to terminate Lake Elmo's membership in the AMM, and not pay the 1980 dues. Motion carried 5-0. BARRY STEPHEN- Mr. Stephen owns a house on Hill 'frail that was previously condemned by the Building Inspector. Before the condemnation proceeds, Mr. Stephen would like assurance that the lot could be built on once the house is torn down, or time to repair the structure and bring it up to City Code. The lot contains only 15,000 sq. ft. and would not be considered a buildable lot under City policy. The Attorney is not in a position to make an agreement, as requested. The Council said they would not guarantee Stephen could build on the lot if the present building is removed; and, instructed the Attorney to proceed with condemnation. LOFBM BOAT LAUNCH: Mr. Lohman has put material, to be used as a launch, doom to Lake Elmo. A Shoreland Permit !,a necessary to fill. The Council wants to establish the past and present status of Mr. Lohman°s business. The Council will request Mr. Lohman come to the neat meeting and inform him he needs a Shoreland Permit. PROJECT 1006 STATUS: The Administrator briefed the Council on recommendations of the Committee, and the guidelines being set, in order to keep the Pre— liminary Study within the $30,000 limit. LIONS TENNIS COURTS: Morgan reported that the surface of the tennis courts at Lion°s Park is bad. The Park Commission will look over the courts and have a recommendation ready for the Council at the next meeiging. Complaints have been received about the dust'from the lumber yard. The Park Commission recommends wind screening be put around the courts. The cost would be $300-$400. Armstrong moved, seconded by Pott, to authorize a maximum of $400 be appropriated from the Park Fund and used to purchase wind screens for the Lion's Park tennis courts. Motion carried 5-0. ADJOURNMENT 10:30 ORDINANCE NO. 791.5 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE 1979 MUNICIPAL CODE OF LAKE ELMO. Section 1. Amendment. Section 301.050 A. 2, of the 1979 Municipal Co -e 6T Lathe Elmo, adopted October 16, 1979, is hereby amended to read as follows: Application to Existing Structures. This Ordinance struc- tures, nor to the existing use of any building„ structure, or land to the extent: of such use on the effective date of this Ordinance. However, this Ordinance shall apply to any change in use, to any movement of a building or structure, or to any expansion of a structure which may result in the generation of additional sewage for on -site disposal. Section 2. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication according to law. ' Passed by the City Council this 17 day of June 1980. ` - - Thomas G. Armstrong, Mayor I ATTEST: Laurence W$ittaTe - City Administrator. JUL 3 1980 ORDINANCE NO. 7914 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 301.070 C 1 OF THE 1979 MUNICIPAL CODE OF LAKE ELMO, RELATING TO ZONING DISTRICT BOUNDARIES. The City Council of the City of Lake Elmo ordains; Section 1.. Amendment-. Section 301.070 C 1 of the Municipal Code of-La)ce Elmo, adopted October 1.6, 1979, is hereby amended to provide as follows. The lands described below classified on the Zoning District Map as R-1 (Single- family Residential) to GB (General Business) for all zoning purposes and shall be subject to all zoning regulations applicable to a General Business District: All. that part of the Northwest Quarter of the Southwest Quarter (NW34 of SW k) of Section Thirteen ( 13) , Township Twenty-nine (29) North of Range Twenty-one (21.) West described as follows - Beginning at a point on the west line of the public highway which runs -in a southerly direction from the Village of Lake Elmo, a distance of Two (2) rods southerly of the south line of the right of way of: the Chicago, St. Paul, Minneapolis and Omaha Railroad Company, where the same intersects the west line of said public highway, thence southerly along the west line of said road a distance of Fifty --five (5.5) feet, for a starting point; thence westerly on a line parallel. to the south line of said right of way and Two (2.) rods and Fifty-five (55) feet distant therefrom, a distance of One Hundred and Fifty (150) feet; thence southerly on a line parallel to the west line of said public highway a distance of Seventy-five (75) feet; thence easterly on a line parallel. to the south line of said railroad right of way and Two (2) rods and One Hundred and Thirty (130) feet distant therefrom, a distance of One Hundred and Fifty (150) feet to the west , line of said public highway, and thence northerly along the west line of said public highway Seventy-five (75) feet to the plane of beginning. All that part of the Northwest Quarter of the Southwest Quarter (NW4 of SWn) of Section Number Thirteen (13), in Township number Twenty-nine (29) North, of Range number twenty-one (2.1) West, bounded and described as follows, to -wit: Beginning at a point in the West line of the public road which runs in a Southerly direction from the Village of Lake Elmo and Two (2) rods southerly from the South line of the right of way of the Chicago, St. Paul, Minneapolis and Omaha Railroad Company, where the same intersects the West line of said public road; running thence Westerly on a line parallel with the South line of the right of way of said railroad Company One hundred fifty (150) feet; thence Southerly on a line parallel with the West line of said public road Fifty-five (55) feet; thence Easterly on a line parallel with the said south line of the right of way of said railroad company One Hundred fifty (150) feet to a point in the West line of the said public road; thence Northerly along the West line of said public road Fifty-five (55) feet to the place of beginning. Section 2. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication according to law. Passed by the City Council. this 17th day of June, 1950. ATTEST: Laurence Whittaker City Administrator -2-- omas G. Armstrong, R R80-.3 5 RESOLUTION CITY OF LAKE EI.,MO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE, TRANSFER OF APPROPRIATED RESERVES TO THE GENERAL FUND WHEREAS, the City Council of the City of Lake Elmo appropriated the reserve funds of the City by Resolution 78-53A, December. 19, 1978; and, WHEREAS, such reserves are appropriated to meet the needs of the capital improvement program and emer- gency needs; and, WHEREAS, two lengths of hard suction fire hose were set aside to meet flood emergency needs of the Mainten- ance Department-; and such hose was to be ordered with the new fire truck in 1981; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Washington County, Minnesota, that: The City Admi.nistral:or is authorized to transfer $543.00 from the Fire Equipment Sinking Fund to the General Fund to pay for 2 lengths of hard suction fire hose. ADOPTED, this the 17th, day of June 1980, by the City Council, City of Lake Elmo, Washington County, Minnesota. ATTEST: :, ( �\.�G� Laurence E.Whatta er� City Administrator -G ED Thomas G. Armstrong, Mayor R-80-36 RESOLUTION CITY OF LAKE LLI.10 WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING A FEASIBILITY REPORT ON THE PUMPING OF THE FLOOD WATERS OF LEGION POND TO LAKE ELMO AND ORDERING A HEARING ON THE FEASIBILITY REPORT. WHEREAS, several septic Legion Avenue are under water as Legion Pond; and, tanks that serve property along a result of the high water on WHEREAS, several homes along Legion Avenue are threatened by high water on Legion Pond; and, WHEREAS, the most cost effective remedy to the high water in Legion Pond appears to be pumping the floodwaters to Lake Elmo; and, WHEREAS, the City Council, from past experience,, believes the project may be feasible and wants to promote rapid consideration of the Feasibility Study by the affected property owners; and, WHEREAS, I -lie floodwaters on Legion Pond are creating a public health and safety hazard: Z BE IT RESOLVED, by the City Council of the NOW, THEREFORE, City of Lake Elmo, Washington County, Minnesota, that: The City Engineer is hereby ordered to prepare a Feasibility Report on pumping the floodwaters from Legion Pond into Lake Elmo with City pumps and irrigation pipe, acquiring the necessary permits and easements, and, for the purposes of relating costs to those to he assessed, estimate the cost of pumping 30 acre feet from Legion Pond to Lake Elmo; and, A public hearing on the feasibility of said project is hereby scheduled for July S, 1980, at 7:30 p.m, in the City Hall, of the City of Lake Elmo. ADOPTED, this the 17th day of June, 1980 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Vote: Armstrong, Morgan, Mottaz and Pott voting aye. Novak voting nay. SIGNED: ATTEST: rM tl�o Mayor er, City Admi—IRIA-t—fa- R--On 37 RESOLUTION CITY OF LAKE ELMO WAPill INGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE T'RANSFI:R OF A CONDITIONAL USE PERMIT TO OPERATE AN OPEN SALES LOT .FOR MOBILE HOMES FROM PATTI HOMES, INC. TO EQUITY HOMES, INC. WHEREAS, Patti_ Homes, Inc. has a Conditional Use Permit to operate an open sales lot for mobile homes in good standing; and, WHEREAS, Patti Homes, Inc, has leased the premises at 11450 Hudson Boulevard to Equity Homes, Inc.: and, WHEREAS, 'Equity Il.omes, Inc.. has agreed to honor all the conditions set.: forth in said Cond.iti.onal. Use Permit and has applied for a transfer of said Conditional Use Perm:i.t from Patti Homes, Inc. to Equity Homes, Inc.; NOW, TIiEREFORE, 13E IT RESOLVED, by the City Council of the City of Lake Elmo, Wzu3hington County, Minnesota., that: The transfer of the Condi.t:ional. Use Permit to operate an open sales lot for mobile homes at 11450 Hudson Boulevard from Patti Homes, Inc. to Equity Homes, Inc. effective from January 1, 1980 to December 31, 1980, be approved subject to the following conditions: 1. The storage building on said nremises he kept up to tho standards of the State Building Cade. 2. No storage of property not owned by or on consignment: to Equity Homes, Inc. shall he permitted on the premises. 3. The mobile homes must be blocked up for safety. 4. There will be no repair work or maintenance on mobile homes at the site. 5. Operating hours will he 9 a.m. to 9 p.m., Monday thru Thursday; 9 a.m. to G p.m., Friday, except in the :summer when they will be 9 a.m. to 9 p.m.; 9 a.m. to G p.m., Saturday, and 12 p.m. to 5 p.m., Sunday. C. The grounds will he kept in a neat and orderly manner.. ADOPTED, this the 1.7th day of Shane, 1930, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: ATTEST: Thomas C. Armstrong, Mayor J �' — Laurence I-;.�'1=izttaker, C'zty .�dmznzstratar R80- 38 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO DR. RAYMOND B. SWANSON TO OPERATE THE OAK - WOOD ANIMAL HOSPITAL. WHEREAS, Dr. Raymond B. Swanson has applied to the City of Lake Elmo for a. Conditional Use Permit to operate a veterinary clinic, animal. hospital, crematory & dog pound; and to sell pet drugs, supplies, and kennel supplies, at 861.1-34th. St. No., in said City; and, WHEREAS, there does not appear to be any reason related to the public health, safety and welfare which would require denial of said Conditional. Use Permit; and, WHEREAS, the Planning Commission of the City of Lake Elmo held a hearing on said application, and recommends approval thereof, of June 9, 1980; and, WHEREAS, the Planning Commission of said City re- commended the fee for said permit be waived .for 1.980;and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: CITY OF LAKE ELMO THAT: 1. Dr.. Raymond B. Swanson is hereby granted a Conditional Use Permit to operate a veterinary clinic, animal. hospital, crematory & dog pound; and to sell pet drugs, supplies, and kennel supplies, for the period January 1, 1980, until December 31, 1980; and, 2. The fee for said permit is waived for 1980, ADOPTED, this the 17 day of June, 1980, by the City Council of the City of LakeElmo,Washington County, Minnesota. _SIG _ED: Thomas G. Armstrong, Mayor ATTEST: Laurence E. Whitt4er City Administrator R80-39 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATED RESERVES TO THE GENERAL FUND WHEREAS, the City Council appropriated the reserve funds 78-53A, December. 19, 1978; and of the City of Lake Elmo of the. City by Resolution WHEREAS, such reserves are appropriated to meet the needs of the capital improvement program and emer- gency needs; and, WHEREAS, the culvert under 15th. Street is contin- uously washing out because it is too small to handle the volume of run-off generated by recent storms; and 44 feet of 2.4 inch culvert are needed to supplement the existing culvert under 15th. streets; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Washington County, Minnesota, that: The City Administrator is authorized to transfer $666.81 for 44 feet of 24 inch culvert and appertanances from the Emergency Road Maintenance and Road Construction Reserve to the General Fund. ADOPTED, this the 17th. day of. June,1980, by the City Council, City of Lake Elmo, Washington County, Minnesota. LGN-�E�D: Tomas G. Armstrong, Mayor AT EST: Laurence L. 7iittaer u City Administrator 9 CLAIMS TO BE APPROVED AT TIIE JUNE 17, 1980 COUNCIL MEETING 80358 L. P. D. Electric - Lions Ballfield lite repair 80359 Washington Cty. Treas. -- Grooming Parks 80360 Brookman Motor Sales - Scout repair, Fire Dep't 80361 Oxygen Service Co. - Fire Dep't 80362 Oswald Fire hose - Fire Dept --Adapter & Recouple end 80363 Fire Instructors Ass'n of Minn. _. Dues 80364 Minn. Fire Chiefs Ass'n -- Dues 80365 Four Seasons Services, Inc. Misc. 80366 Isberg, Riesenberg, Chelseth - Soil Conservancy 80367 Lawson, Raleigh & Marshall 80368 Junker Sanitation 80369 T. A. Schifsky & Sans - M C Mix 80370 Zignego Agency, Inc. - Add'1 premium backhoe & 1 ton 80371 Kenneth Carroll. •- hosp. reimbursement 80372 C & H Oil Co. - barrells 80373 Bd. of Water. Commissioners _. replacement curb box 80374 Miller Excavating - Class # 5 80375 Mollie hedges - 6/10/80 newsletter 80376 Lillie Suburban Newspapers !er,a.l rlibli.cations 80377 Meyer Mercantile - General. $ 61.44 Fire Dept_ 123.52 80378 Lake Elmo Oil - General 328.49 Fire Dep't 123.42 80379 Kern's North Star 80380 Assn, of Metro Municipalities - Dues 80381 thru 80391 6/27/80 payroll 24.50 65.96 26.86 4.85 70.50 5.00 40.00 1.3.35 800.00 1,600.60 42.00 82.83 574.00 100.00 208.20 33.50 94.94 140.00 189.87 18¢.96 451.91 227.85 434.00 4,000.00 $ 9,415.G8