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HomeMy WebLinkAbout06-03-80 CCMCITY OF LAKE ELMO BOARD OF REVIEW, JUNE 49 1980 Councillors present: Novak, Armstrong, Mottaz (2:30 to 5:30). Pott and Morgan (5:30 to 7:30). Assessors: David Stephen and Patrick Poshek, Washington County, 1.. Gerald Wulfing Estimated Value — $55,720 Plate 37095-4200 Questions on increased valuation. The Assessor explained the blanket increase given to homes and property that were not reevaluated, and the addition of a pool. ACTION: None 2. Joseph Timmers Plate 37760-2500 Estimated Value — $14,000 37760-2550 $14,000 Questioned his lot value since there presently is no access to the rear lot.(lot 16). ACTION: Council members present and the assessors corrected the valuation on Lot 16 to $7,500, because of the accessability to the parcel. 3. John Rechtiene Estimated Value — $101,005 Plate 37180-2800 Questioned percentage increase and requested estimated value be lowered. The Assessor explained the blanket increase on the property. ACTION. None 4. Walter Ahola Estimated Value — $56,950 Plate 37009-0130 Wanted information on what his taxes will be on increased valuation. The Assessor gave him the estimated tax for 1980. ACTION:.7Ane 5. Earl Goerso 3250 Kraft Circle Plate 37235-2650 Estimated`Value — $810,165 This is a 100' x 120t lot that is presently unbuildable. Feels the valuation is too high, This parcel also is not homesteadedr altho application was made. ACTION: The Council members present and the Assessors agreed to lower the valuation to $659000, Mr. Coarse will apply for homestead credit with his adjoining property. 6. Julius Molnar 2311 Legion Estimated Value — $61109000 Plate 3718o-2650 questioned the difference in base valuation of a 2 story home vs 1? story home. Also, the cost per square foot on his home vs others in the area. Feels his value is higher than comparable homes in the area. The Assessors did not go through the home. AC'i'ION: The Assessors will go through the house and verify the value. ASSESSOM CORRECTION: After going through. the home the Assessoa corrected their valuation to $6106,510. 7. Donald Knipe Estimated Value — $C71000 Plate 37385-2250 Feels the valuation is too high for a now home 65-70% complete, The Assessor valued the house at 85% complete. ACTION: The Assessor will check the home for percent of completion. ASSESSOR CORRECTION: The Assessors corrected the percent of completion to 75% and reduced the valuation to $g65,250. * Pull Council approval required, LAKE 11MO BOARD OF REVIG'WO JUKE 49 1980 —2— 8. James Tobin 4180 Irvin Circle Plate 37446-2650 Estimated Value — $759930 Questioned increase of $12,000 from the Limited Value in 1979 and MOW from the Market Value. The Assessor explained there is no longer a Limited Value and how the Estimated Value is arrived at. ACTION: None 9. Terry Edgington iF280 Ivy Estimated Value — $839105 Plate 371t44 2950 Feels valuation is too high. The Assessor has not gone through the house. ACTION: The Assessor will go through the house and verify the valuation. ASSESSOR CORRECTION: The Assessor determined this parcel was valued too high in 1979. The Edgington's have applied for a corrected 1979 valuation. The assessor adjusted the valuation on the house making the total valuation $76,050. 10. Frank Meyer 11601 Capri Plate 37003-2000 Estimated Value — $41,835 Sun City9 Az. Questioned what is necessary to qualify .for Homestead Credit, as he is on total disability. IIe does not reside on the property. The Assessor said in order to qualify for Homestead Credit his home/residence would have to be on the property. He also asked the aoerage be is valued on. He sold off 10A of the 62A, leaving 52A. The Assessor has his valuation based on 62A. **ACTION: The Council members present and the Assessors agreed to correct the aoerage to 52A with a valuation of $35,500. Mr. Meyer will verify what the taxes will be on this reduced amount with the Assessors Office. 11. Kenneth Hagan 5431 Hilltop Plate 37162-2600 Estimated Value — $1180445 feels valuation is too high, Questions the increase in valuation from date of purohase, June 1979. The Assessor stated last years valuation was based on an incomplete structure (this should have been assessed at total completion in 1979 but was not). The increase included total completion' extras In the home and new rates, The Assessors had not been through the home, ACTION: The Assessors will go through the home and verify the valuation. ASSESSOR CORRECTION: Based on review of the home the .Assessors corrected their valuation to $117,000. 12. John Leslie 115146 20th Street Plate 37024-2750 Estimated Value — $39790 37024-2700 $479195 37024-2653 $120 Questioned the land value increase. The Assessor explained the over—all percentage increase. Discussion on valuation of parcel 37024-2750. **ACTION, Council members present and the Assessors agreed to reduce the land valuation on parcel 37024-2750 to $19880,0making the land value comparable to other lots in the area. The Assessor will also change the roof designation to.Gable from.Iii=p, will check the status of the recreation room and will adjust the valuation if the room is incomplete at the time of the 1981 valuation. LAKE ELMO BOARD Or REVIEW, JUNE 4, 1980 -3- 13. Ray Krueger Plate 37011-2050 Estimated Value - $85,975 37011-2100 Asked the procedume for a wetland exemption. The Assessor advised he will have to make an application for such an exemption at the County. ACTION: None 14. Gilbert Sullwold Plate 37002-2400-2350 Estimated Value - $79,850 - $4,080 37011-2950-3000 $10,350 - $ 570 Questioned the repeal of the Limited Market Value. The Assessor explained. ACTION: None 15, Elmer Richert 9219 45th Street Plate 37010-0900 Estimated Value - $51,460 Questioned the increase. Assessor explained the over-all percentage increase. Mr. Richert would also like his address changed to Lake Jane Trail. He will have to go to the County Office to have this done. ACTION: None 16. Raymond Cochran 5W40 Hilltop Plate 37162-2425 Estimated Value - $77,595 Questioned the percent of increase in valuation. The Assessor explained the blanket percentage increase, ACTION': None 17. William Herzfeld Plate 37024-2850 Estimated Value - $17,280 37024 3050 $104,155 questioned the % of increase this year. The Assessor corrected the notice to include the valuation of the house on the 71A parcel. The estimated value should be 8104,155 s ACTION: None 18. Donald Delander 9148 31st Street Plate 37051-4000 Estimated Value $52,035 Does not feel his house would sell for the -amount it -.is --valued at due to the area, location and type of structure (Wausau tome) He stated the assessed valuation has doubled in five ,years. The Assessor has not been through the house. ACTION: The Assessor will go through the house and verifty the valuation. ASSESSOR'S CORRECTION: After, going through the structure the Assessors corrected their valuation to $47,405s 19. Mrs, Edgar Stolpe 8881 Jane Road N. Plate 37425-2000 Estimated Value$90,200 Questioned the increased valuation especially on the land, Mrs. Stolpe stated this is an 18 yr, old house, and nothing in the basement is finished. The Assessor felt this was a fair valuation for a 29000 sq. ft. house on 2.7A. ACTION: None. LAKE ELMO BOARD OF REVIEW, JUNE 49 1980 -4- 20. Joseph Mooibroek 5451 hilltop Plate 37162-2575 Estimated Value — $$1169185 Wanted an explaination of the 45% increase from last ,year. The Assessor explained this years valuation is based on 100'% completion vs 750% in 1979. Th.e 100% completion should have been charged in 1979, but was not. Also, extras and an over—all percentage increase. The Assessors feel this is a fair and reasonable valuation and is comparable to homes in the area. ACTION: None 21. Michael Dirtzu 8627 Stillwater Blvd, Plate 37021-3250 Estimated Value — $6369475 Wanted explaination of the percentage increase and estimate of taxes based on new valuation. ACTION: None 22. P. 0. Petrellis 9436 Jane Rd. N. Plate 37155-2050 Estimated Value — $$75o435 37155-2100 $ 59000 Questioned the 85,000 value on parcel 2050. This is 1/2 of a condemned lot„ and he feels it has no value. Added to the parcel his home is or,, his lot is A aore. The Assessor stated this was valued as an additional parcel with the house and adds to the value of the home. Mr. Petrellis disagrees as to the value of this parcel since it is non —buildable. **ACTION: Council members present and the Assessors agreed to reduce the valuation of parcel 37155-2050 to $$3,000. Also the same $639000 valuation will be placed on parcel 37155-2075 owned by J, Friend, 23. D. J. Bucheck 2301 Legion Estimated Value $¢90, 870 Plate 37180-4000 Questioned whether he is assessed equally to neighbors around him, and what constituted the increase. The Assessor explained the rate increase, extras not previously picked up and percent of completion. Mr. Bucheck asked how the square footage was figured, The Assessor reviewed the chart these figures are based on. Mr. Buchek feels the valuation on his property is too high compared to lots across the street on a lake, and suggested dropping 15% of the property valuation. The Assessor dial not feel the propertywas over valued and suggested the value on the lake lots should be raised. ACTION; None 24. Joseph Noweski. 5171 Hilltop Plate 37160-2300 Estimated Value — $$1259190 37162-2125 $$28, 000 Parcel 37162-2125 was assessed with a house on it. Mr. Noweski stated this is a vacant house. The Assessor had the Doran house located on the Noweski lot, Mr.-Noweski also questioned the increase in value and the style of house the County has listed. He contends he has a split entry vs a two story. The Assessor said they valued the house at 100 completion. *ACTION: Thu Assessor will go out and look through the home to varify the valuation and the style of house. Council members present and the Assessors agreed the vacant lot should be valued at an amount comparable to other vacant lots in the area. ASSESSORS CORRECTION: The Assessor corrected the valuation of the vacant lot to $14,500. After going through the home the assessors determined it should be designated a split entry, not a two story. The corrected valuation of $106,790 was based on comparable homes in the area and reassessment of the interior. The Doran valuation was corrected to $28,000 from $14,500. LAKE ELMO BOARD CP R.EPIEW, JUNE 49 1980 -5- 25. Jay Raleigh 5055 Keats Plate 37002-2600 Estimated Value $52,695 Asked about the increase in valuation. questions the increase in the valuation of the house and the out -buildings. The Assessor stated there was no increase since 1978 and this parcel was covered under the blanket percentage increase. Mr. Raleigh questions the valuation because of the age of the house. ACTION: The Assessor will come out and check the depreciation factor and go through the home to verify the valuation. 26. Herman Osterkamp 11295 32nd Street Plate 37135-6200 Estimated Value $36,690 questioned the increased valuation. Assessor explained the over-all increase. Mr. Ostereamp requests an adjustment on his land valuation stating 150 ft. of his lot has been lost to high water. ACTION: The Assessor's will look at the property and compare lot area and valuation on surrounding parcels. ASSESSOR CORRECTION: After looking at the lot and the area under water, the Assessor's corrected the land value to V6 9 230, 27. Glen Peterson 4260 Ivy Estimated Value - $829270 Plate 37444-3000 Questioned the value as being greater than the land or the house cost. The Assessor feels the valuation is in line with market values and values in the area. ACTION: None 28. Dave Braun Elmo View Townhouses Plate 37209-2000 Rep. A. B. Abercrombie Corp Estimated Value - 827,600 on Outlot A Questioned the valuation on Oatlot A. This is an unbuildable parcel until sewer comes in. The Assessor said this area is considered common area for the townhouses. Before an adjustment can be made the wording of the deeds for the townhouses will have to be reviewed. If no port of Outlot A is included in the deeds, then an adjustment can be made. .ACTION: None until deeds are reviewed. 29, Dave Braun 2380 Legion Avenue Plate 37180-4200 Estimated Value - $13ty 850 Would like a breakdown of this valuation. questions designation as to type of house, square footage, and basement/garage area. ACTION: The Assessors, will go through the house and verify the valuation and recheck the square footage. ASSESSOR CORRECTION: The Assessors determined this is not a two story house and adjusted the valuation after measuring and seeing the inside of the house, The corrected valuation is S1189675. 30. Richard Thoemke 3265 Kraft Circle Plate 37235-2600 Estimated Value - $46#905 Wanted an explaination of the valuation. The Assessor explained the blanket valuation and breakdown of the valuation. ACTION: None LAKE EL#IO CITY COUNCIL MEETING, JUNE 3, 1980 Mayor Armstrong called the meeting to order at 7:30 p.m. Councillors in attendance: Mottaz, Morgan, Pott, and Novak. Also present, Administrator Whittaker, AGENDA: Additions: Miscellaneous Business Lake Jane Pumping and Lake Elmo Outlet. Personnel Committee - Foreman's Resignation Administrator's Report'- Ramsey County Representative to VBWD Board. Cancel: Phil Tschumperlin Armstrong moved, seconded by Morgan to approve the Agenda as amended. Motion carried 5-0, MINUTES: Novak moved, seconded by Mottaz, to approve the minutes of May 20, 1980. Motion carried 5-0, CLAIMS'- Addition: Doug Beutel - $24.95 - Homeplate for Lion's field. Armstrong moved, seconded by Morgan to approve Claims 80310 thru 80359, Motion carried 5-0. The $24.95 addition will be held in lieu of the $25.00 ballfield deposit, per Mr. Beutel's request, until September, 1980. COMMENDATIONS: Mayor Armstrong read Resolution 80-26 commending Scout Troop 162, Stillwater/Lake Elmo Campfire Girls, Valley Shamrock 4-11 Club, and the Gopher Go -Getters 4-H Club for the work they put into beautifying and cleaning up the City parks. Each group was presented a Certificate of Recognition and Gratitude. Councilman Morgan thanked the Stillwater/Lake Elmo Campfire girls for their $100 donation. toward the purchase of a park bench. Scout Troop 162 presented Councilman Morgan with $195 donation for the parks. JAYCEES HUFF AND PUFF DAYS: Miriam Bergmark reviewed the schedule for Huff and Puff Days, and asked Council approval for use of various City property, fee waiver and licenses. Morgan moved, seconded by Mottaz, to approve the following uses and licenses to the Lake Elmo Jaycees for Huff_ and Puff Days: 1. Use of the Fire Station and facilities (Friday thru Sunday), subject to working out the details with the Fire Department. 2. Permission to conduct a Street Dance on Saturday evening. 3. Construction of IIorseshoe Pits behind the tennis courts at Lion's Park. 4. Waiver of fee for use of the softball fields; but not damage and -clean -up: -deposit. 5. Beer license, temporary. 6. Bingo Resolution and license. Further the Council will adopt Resolution 80-29 proclaiming August 15, 16, and 17 Huff-n-Puff Days, a Community Celebration. Motion carried 5-0. Ms. Bergmark stated they will contract: with the Washington County Sheriff to police the event. They will also contact the Fire Department and the City Office for use of the Fire Station and the ballfields. The City will require a $25.00 clean-up deposit. LAKE ELMO CITY COUNCIL MEETING, JUNE 3, 1980 -2 - OLINGER: The Council asked Mr. Olinger about his "dirt pile" and what arrangements he has made to dispose of it. Presently, the dirt is in violation of the Shoreland Regulation. Mr. Olinger stated the dirt belongs to a Mr. Griffin, who uses it in his landscaping lousiness. He is storing it on the Olinger property. Mr. Olinger offered to move the material to the back of his property, thus complying with the Ordinance; and, to ask Mr. Griffin when the dirt will be utilized. The Council instructed the Building Inspector to contact Mr. Griffin and verify what his plans are for use and disposal of the material. The Council gave Mr. Olinger until the end of the summer.to resolve this. Morgan moved, seconded by .Mottaz, to approve an excavation license for Carl Olinger, 9095 45th Street N., Lake Elmo. Motion carried 5-0. 35TH STREET VACATION HEARING: By vacating the southerly 6' of 35th Street, the Haseley house and garage can be legally described on the property. There is some question to the City's rights on this street, with the City only having rights to the portion being used and 5' over the water main. Despite this fact, the 6' vacation is the most efficient method to clear up the Haseley"s title. In order for other residents to correct their legal descriptions they will have to survey their properties. Morgan moved, seconded by Armstrong, to adopt Resolution 80-30 vacating 6" along the south side of 35th Street, from Lake Elmo Avenue to the back of the Haseley garage. Motion carried 5-0. Armstrong expressed concern that there will not be adequate area for a new septic system, drainfield, and an alternate drainfield site. The Building Inspector stated any new system is better than what is presently there; and, whether the property is used for a business or a residence, it should be upgraded. After inspecting the proposed septic and drain - field areas,, he feelsYthe proposed areas will be adequate to handle the proposed use. The area between the house and the garage can be used for a second site once the old well is capped. Dr. Machmeir stated a qualified well driller can seal.(cap) an old well to avoid contamination; or, if the well is not too deep, the casing can be pulled out and the ground will naturally fill in the hole. A third site would be available west of the garage once the title is cleared. Armstrong moved, seconded by Morgan, to grant a variance to the street and house set -back regulation for the septic system, provided the old well is properly sealed. Motion carried 5-0. Mottaz moved, seconded by Pott, to adopt Ordinance 7912, rezoning the Haseley property from R-1 to General Business. Motion carried 5-0. This use is called for in the Comp Plan. LAKE ELMO CITY COUNCIL MEETING, JUNE 3, 1980 -3- 35TH STREET VACATION & HASELEY REZONING: Mottaz moved, seconded by Pott, to grant a variance to allow the front half of the main :floor of the Haseley residence to be used for non - business purposes. Motion carried 5-0. Novak stated that the type of variances granted to Mr.. Haseley should only be considered in the Old Village and should not be considered for new business areas in the City. The Council agreed. LUNDQUIST REZONING: Dr. Lundquist is requesting a Minor Subdivision and Rezoning of a 6.1 A parcel at the SW corner of Highway 36 and County 17. The Lutheran Church of America is proposing to purchase the site and construct a church within the next three years. Dr. Lundquist and Bruce Folz reviewed the location, site plan, street alignments, soils and drainage for the Council. The property will be divided off by a metes and bounds description. Armstrong moved, seconded by Mottaz, to adopt Ordinance 7913 rezoning 6.1 acres of the Lundquist property, located on the SW corner of Highway 36 and County 17, from Rural Residential to Public. Discussion: Morgan expressed concern about spot zoning in this area; and, said he would oppose any rezoning proposal other than Public. Pott feels this and all minor subdivisions should be platted, rather than described by metes and bounds. Motion carried 5-0. t The Church has been advised that should they not build, the parcel cannot be sold for a residential lot, as the minimum lot size in the Rural Residential Zone is 10A. Hardship of the land would not be considered,as they were informed that with 6.1A, they will have a non -conforming residential lot. The Council would advise the Church to consider purchasing 10A, if available. Armstrong moved, seconded by Mottaz, to adopt Resolution 80-31 approving a Minor Subdivision, of 6.1 A of the William Lundquist property, at the SW corner of Highway :36 and County Road 17. Motion carried 4-1. Pott opposed. LARSON VARIANCE: Dr. Machmier explained the new pressure distribution system that would allow Mr. Larson to locate two drainfields on his lot. IIe assured the Council this system is more than adequate and meets the present ordinance. The location of the house has been changed to increase the distance from the lake and the septic system will be within the set -backs re- quired. Mr. Larson will need: 1. A Shoreland Permit (to vary the set -back of the house from the lake) 2. A variance from the lot size requirement 3. A variance from the sewer set- back from the garage and house. The latter two variances are necessary because of the recent change in the Ordinance. C This lot existed before the change in the Ordinance, although it did not meet 60% of the required area under the old Ordinance. Mr. Larson feels since the lot was platted and did exist before any of the Ordinance changes the lot size should be "grandfathered in", provided it can meet the present septic regulations. He also stated this parcel is larger than three of the five lots around his,(he feels his lot meets 1000 of the average built on lots in the area). LAKE ELMO CITY COUNCIL MEETING, JUNE 3, 1980 -4- LARSON VARIANCE: The neighbor across the street disputes this statement. -- Pott moved, seconded by Morgan, to approve the Variances for the set -back from the lake and the lot size, provided the Engineer can confirm that the lot size, above 930, is equal to 1000 of the average parcel size (a buildable parcel) in the Cohn Plat. Discussion: The Administrator suggested the motion include a variance from the requirement for a 20' septic set -back from the garage. Mr. Larson presented a letter from Washington County stating the set -back is necessary from a habitable building; Lake Elmo's Ordinance states it shall be setback from any building. Although, the City has adopted the County's Code the Administrator feels until the Ordinance is changed to reflect "habitable" this variance should be included. Mottaz moved, seconded by Morgan, to amend the motion to include a variance from the requirement for a 20' set -back of the septic/drainfield from the garage and house. Motion carried 5-0. Armstrong stated that the representations made to the Larsons. by the Building Inspector, before they purchased the lot, and, that the fact that the lot was platted and purchased before the new Ordinance went into effect, demonstrates a hardship. The Larsons have also demonstrated that this lot can meet the current septic/drainfield requirements. Therefore, the motion / to approve these variances is in order. 1, Novak suggested the City develop a policy regulating setbacks from a lake. Motion carried 4-0-1. Novak abstaining. ENGINEER"S REPORT: A. Green Acres Subdivision Bond Release - Final inspection of the improvements have been made. The Engineer recommends final acceptance and release of the remaining bond. Mottaz moved, seconded by Armstrong, to adopt Resolution 80-32 accepting the improvements and releasing the remaining $5,000 Improvement Bond for Springborn's Green Acres. Motion carried 5-0. The Maintenance Department recommends the streets be swept to prevent excess material from washing into the storm sewer system before acceptance. All City pass -through costs must also be paid. B. Legion Pond - The estimates for a two phase hydrological study would be $8,000-$9,000. This would not include any construction. Phase I would provide for monitoring wells to determine the level of the ground water. Should Phase I determine excavation is a possibility, Phase II will determine how much excavation is necessary to maintain the pond at a safe level. LAKE ELMO CITY COUNCIL MEETING, JUNE 3, 1980 -5- ENGINEER"�S REPORT: LEGION POND The Administrator recommended that, before any work.is initiated, a petition should be secured from the residents requesting a project and agreeing to pay the engineering costs., Armstrong explained the reasons for petitioning, the process the City must go through before ordering a project, and how the Council determines the method of assessment. Mr. Collyard stated he is in favor of starting a petition; but, he is unsure if all the residents in the immediate area would be willing to share in the cost. Armstrong suggested he secure a petition from the five or six homes on the pond, requesting the City fill their lots and raise their drainfields. Thecost of this work would be assessed with 8o_..annual interest, and spread over a ten year period. An alternative suggestion would be to petition for Phase I. This would give the residents the necessary information as to whether or not the pond could be lowered by excavation. The Administrator will send Mr. Collyard a petition form. COLLYARD POOL: Mr. Collyard wants to appeal the Building Inspectors decision to deny a permit for a swimming 'pool. The current sewer ordinance does not allow fill to be placed within 75 feet of the water for:the purpose of :putting'a drAirifield on it. Mr. Collyard"s back yard is within 75 ft. of. Legion Pond. Mr. Collyard explained the location of the pool and explained.how this would enable him to fill his back yard and save his present septic system, The Building Inspector is concerned about filling over the present septic system and where an alternate drain£ield would be located. The Engineer will review this plan. It will be put on the June 17 Agenda. C. MSA Project - Mottaz moved, seconded by Armstrong to recind that portion of the previous motion, conditioning the con- struction of 45th, Julep and 46th Streets, with MSA Funds, *and adopt on square corners with stop signs,* The street should be R-80-34A iv.- built to MSA Standards, with 30 mph corners, as proposed. ordering MSA#1 Motion carried 5-0. improvement and ordering preparation of final plans and specs. Amended 7/l/80 The Council agreed that the assessment will be levied in the most equitable manner possible. The Engineer projected August 1, as the starting date for construction. He will draw up the descriptions for the curve easements and any other temporary easements necessary. The Council recommended the process be moved along as quickly as possible; and, en- couraged the Engineer to take bids while MN/Dot is reviewing the plans. D. Other - The Engineer gave a status report on the tennis courts at Tablyn Park. Tom Monette contacted Mayor Armstrong doing about the inspections for these courts. He does not feel qualified to do the major inspections; and/urged the Council to use the Engineer. The Engineer estimated these inspections can be done for $600. LAKE ELMO CITY COUNCIL MEETING, JUNE 3, 1980 -6- Tablyn Park Tennis Courts Armstrong moved, seconded by Pott to authorize the` Engineer to do the Tablyn Park Tennis Court inspections, at the stages he deems necessary, at a cost not to exceed $600. Motion carried 5-0. OLD BUSINESS: A. PZC Appointments Armstrong moved, seconded by Mottaz, to appoint Leroy Forsblad, from Cimarron, and Laura Frazer, from the Old Village, to fill the two Planning Commission vacancies; to appoint Scotty Lyall as first alternate and Vickki Gifford as second alternate. Motion car- ried 3-0-2. Novak and Pott opposed. Novak and Pott would like each appointment considered individually. Pott would prefer that the alternates represent two different.sections of the City, rather than both being from the-Tri-Lakes. Mottaz moved, seconded by Morgan, to,;neoonsider_the appoint- ments individually. Motion carried 5-0. Mottaz moved, seconded by Morgan, to appoint Leroy Forsblad to the Planning Commission. Motion carried 5-0. Motta- moved, seconded by Novak, to appoint Laura Frazer to the Planning Commission. Motion carried 5-0. Pott moved, seconded by Morgan, to appoint Scotty Lyall as lst alternate to the Planning Commission. Motion carried 4-1. Novak opposed. She would prefer Dick Hesse as first alternate. Novak moved, seconded by Morgan, to appoint Vicki Gifford as second alternate to the Planning Commission. Motion carried 5-0. B. Fire Department Plan - The Council has reviewed the plan and asked the Fire Department Representatives if they have any objections to the plan as proposed. Chief Kuettner stated that the department is standing behind the plan. No negative comments were expressed;by the Council, Fire Department or Committee members. Mottaz moved, seconded by Armstrong, to approve and adopt the Fire Department Plan. Items that require Council action (eg. telesquirt truck), will be brought out of the plan for Council attention and action. Motion carried 5-0. C. Telesquirt Pumper Bids - Pott recommended the telesquirt be bid as a basic unit with the accessories bid as an option. Armstrong moved, seconded by Mottaz, to authorize the Adminis- trator to secure bids for a Telesquirt Pumper Truck. The unit to be bid as a basic truck with accessories bid as an option. Motion carried 4-0-1. Morgan abstaining. Morgan feels the City should budget more closely for large expenditures in the future. The need and the expenditure should be more closely anticipated to avoid additional expense at the time of construction or purchase. The _,Administrator will determine what will constitute a basic truck. LAKE ELMO CITY COUNCIL MEETING, JUNE 3, 1980 -7- D. Regional Park Designation and Plan - The Administrator confir em that the Metropolitan Council is considering changing the designation of the Lake Elmo Regional Park Reserve to Regional Park. The Council is adamantly opposed to any change in designation; and agreed this conviction_ should be made part of all meeting and hearing records concerning the Park. Mottaz moved, seconded by Morgan, to adopt Resolution 80-33, to become part of all park meeting and hearing records, stating Lake Elmo's strong opposition to any change in de- signation of the LakeElmo Regional Park Reserve. Motion car- ried 4-0-1. Pottabstaining. He does not feel this effort is worth spending a great amount of time on, as he believes the cause is already lost. ADMINISTRATOR'S REPORT: A. Lot,'8' Rrause'"s Addition - Petition for Street Acceptance Residents on the extension of Jane Road North are pets oning the City to accept this portion of unimproved road.for maintenance. Mottaz moved, seconded by Morgan, to notify the residents that the City will need a petition to improve this street before the City can consider a petition to accept the street. Motion carried 5-0. B. EPA.Grant Delay - The Administrator informed the Council that the 291 Study grant, for Lake Elmo, will not be funded until October 1980. C. Planning Assistance Grant Increase - Lake Elmo is eligible for an additional $6,620.The Administrator recommened that this money be used to contract with the Planner to finish formalizing the highway Plan, drafting the regulations adopting WPC 40, and finishing work on the Conservency regulations. The Administrator requested Council approval on this recom- mendation and authorization to get a cost estimate from the Planner. Pott moved, seconded by Morgan, to authorize the Administrator to get a cost estimate from the Planner to complete work on the Highway Plan, Conservency Regulations and WPC 40 Regulations. Motion carried. Morgan will handle completion of the Park Plan. D. Licenses - Morgan moved, seconded by Armstrong to approve the licenses for the following: Special Temporary 1-day non -intoxicating malt liquor 'license at Green Acres Recreation Area for Ashland Petroleum Co., 5 W. Broadway, St. Paul Park, Mn. General Contractors License for: Chas. Cudd Co., Plaza 94, Hudson, Wisc. Excavating License: Carl Olinger (see page 2) and Blacktopping>of Driveways for: Asphalt Driveway Co., 1211 E. Highway 36, St. Paul, Mn. and Junker Land(acaping, 1001 N. 4th Street, Stillwater, Mn. Motion carried 5-0. LAKE ELMO CITY COUNCIL MEETING, JUNE 3, 1980 -8- ADMINISTRATOR"S REPORT: E. Soo Line Trail - The Council reviewed ( the Planning Commissions recommendations. Mottaz feels many of these can -be addressed in the design process. The Administrator will send a letter of concern, listing the recommendations the City would like addressed or in- corporated in designing the trail. F. Cats at Large - Pott recommended the Administrator draft the propoied amendments to the Animal Ordinance and incorporate that section of the North St. Paul Ordinance prohibiting those specified animals�to run at large. The Council agreed. This will be ready for Council review June 17. G. Civil Defense - Don Mehsikomer has resigned as Civil Defense Director. T Mottaz moved, seconded by Armstrong, to authorize the Administrator to contact the Fire Department and request a volunteer to accept the position of Civil Defense Director. Motion carried 5-0. H. TKDA Bill - Pott moved, seconded by Armstrong, to pay TKDA 500 of 6,369.85, including $1,085.67 already paid for extra work done on the Maintenance Garage. Motion carried 4-0-1 . Novak abstaining. PERSONNEL COMMITTEE: Armstrong moved, seconded by Novak, to accept the resignation of Bob Wier -as Foreman, effective immediately. His classification will return to Light Equipment Operator/ Sewer Inspector. Motion carried 5-0. Morgan moved seconded by Armstrong, to set the hourly wage of the Light Equipment Operator at $8.30/hr. Motion carried 5-0. LAKE JANE PUMPING: Pott asked the status of the easement to Valley Branch to pump into the park ponds. Ile .recommends holding up finalizing this until the City determines what they intend to do with the easement. The Administrator said it's already final. Pott is also concerned about excess pumping and its effect on Sunfish Lake. What control does the City have on Valley Branch? LAKE ELMO OUTLET: Tabled until June 17. VALLEY BRANCH WATERSHED BOARD OF MANAGERS - RA4SEY COUNTY REPRESENTATIVE: Mottaz moved, seconded by Armstrong, to adopt Resolution 80-34 opposing the permanent designation of a Ramsey County seat on the Valley Branch Watershed Board; and suggesting a Ramsey County Representative alternate with a Washing County Repre- sentative every two years. Motion carried 5-0. The Administrator will write Valley Branch and Ramsey County with this recommendation. ADJOURNMENT: 11:40 p.m. z Roo- 34 I RESOLUTION CITY OF LAKE ELMO IBASUINCTON COUNTY, MINNESOTA A RESOLUTION ORDERING TILE INPROVEMENTS AND DIRECTING TIIE CITY ENGINEER TO PREPARE FINAL PLANS AND SPECIFICATIONS FOR NSA PROJECT In. 1.. WHEREAS, 1,110 City Council of the City of Lake Elmo, after notice duly given in accordance with Chapter 42.9 of the Minnesota Statutes, .held a public hearing on May G, 1980, and continued :it to May 20, 1980, to consider the construction of the following street improvements, 45th Street North from Jane Road North to Julep Avenue North, Julep Avenue North from 45th Streel-. North to 47th Street North, and 47th Street North from Julep Avenue North to Yeats Avenue North; and, WHEREAS, it appears to the City Council that it would he in the best interest of the City and of the property adjacent to said streets to proceed with said improvements; NOW,TIIEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Washington County Minnesota, that: 1. Such improvement is hereby ordered to the following extent: grading, gravel base construction, and bituminous surfacing of 45th Street No.rt.h .from Jane Road North to Julep Avenue North, Julep Avenue North from 45th Street North to 47th Street North, and 47th Street North from Julep Avrynue North to I:eats Avenue North, to be known as ASA Project No. 1 and, 2. The Engineer is hereby ordered to prepare final plans and specifications for such improvements. ADOPTED, this the lyd day of ,Tune, 1980 by the: City Council of the City of Lake Elmo, Washington County, li.nnesota. ATTEST: urence E. C el SIGNED: C Ashas G. Armstrong, Mayor R-eo.-32 A RESOLUTION CITY OF LAKE ELMO WASIIINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING TIIE IMPROVEMENTS IN THE PLAT OF SPRINGBORN'S GREEN ACRES WHEREAS, the developers of Springborn's Green Acres Subdivision have completed the improvements required under the Development Agreement between the City and said developers, dated January 8, 1.979; and WHEREAS, street improvements were accepted November 20, 1979, and all. other improvements have been inspected by the City Engineer and said City ]Engineer, by his letter of May 30, 1980, has .recommended acceptance of the improvements and; WHEREAS, Section 401..510D of t:he Subdivision Ordinance provides that the subdivider shall warranty said improvements for one year after their acceptance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake :Elmo as follows: 1. The turf restoration improvements of boulevards and other disturbed areas constructed by the developer of the plat of Springborn's Green Acres be, and the same hereby are, accepted by the City Council. subject to the right of the City to require the developer to perform any remaining corrective work which may appear to be necessary to the City Engineer before June 3, 1981. 2. The remaining street improvements and storm sewer improvements constructed by the developer of the plat of Springborn's Green Acres be, and the same hereby are, accepted by the City Council for maintenance subject to the right of the City to require the developer to perform any remaining corrective work which may appear to be necessary to the City Engineer before November 20, 1.980. 3. The City acknowledges the installation of certain utility improvements by the developer and various public utilities in the plat of Springborn's Green Acres; however, the City accepts no responsibility whatsoever for maintenance of these utility improvements. u V 4. The developer's bond or other security depositwhich was previously reduced to the sum of. $5,000.00 is hereby released, subject to the developer paying the remaining pass through costs owed the City of Lake Elmo. Adopted this 3rd day of June, 1980, by the City Council of the City of Lake Elmo, Washington County, Minnesota. �1— Th �_oma____sG. Armstrong, Mayor Attest: 'AD Laurence Whittaker:, City Administrator. - 2 - R-80-31 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING THE IMPROVEMENTS IN THE PLAT OF SPRINGBORN'S GREEN ACRES WHEREAS, the developers of Springborn's Green Acres Subdivi.s.ioa have completed the improvements required under the Development Agreement between the City and said developers, dated January 8, 1979; and WHEREAS, street improvements were accepted November'20, 1979, and all other improvements have been inspected by the City Engineer and said City Engineer, by his letter of May 30, 1980, has recommended acceptance of the improvements and; WHEREAS, Section 401.510D of the Subdivision Ordinance provides that the subdivider shall warranty said improvements for one year after their acceptance; NOW, THEREFORE, BE IT RESOLVED, by the City Council of tile, City of Lake Elmo as follows: 1. The turf restoration improvements of boulevards and other disturbed areas constructed by the developer of the plat of Springborn's Green Acres be, and the same hereby are, accepted by the City Council subject to the right of the City to require the developer to perform any remaining corrective work which may appear to be necessary to the City Engineer before June 3, 1981. 2. The remaining street improvements and storm sewer improvements constructed by the developer of the plat of Springborn's Green Acres be, and the same hereby are, accepted by the City Council for maintenance subject to the right of the City to require the developer to perform any .remaining corrective work which may appear to be necessary to the City Engineer before November 20, 1980. 3. The City acknowledges the installation of certain utility improvements by the developer and various public utilities in the plat of Springborn's Green Acres; however, the City accepts no responsibility whatsoever for maintenance of these utility improvements. 4. The developer's bond or other security deposit which was previously reduced to the sum of $5,000.00 is hereby released, subject to the developer paying the remaining pass through costs owed the City of Lake Elmo. Adopted this 3rd day of June, 1980, by the City Council of the City of hake Elmo, Washington County, Minnesota. Thomas G. Armstrong, Mayor Attest: CAD LCQAt�— Laurence Whittaker, City Administrator. 2 0 R-80-30 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION VACATING A PUBLIC STREET — A PORTION OF' 35th STREET ADJACENT TO THE HASELEY PROPERTY WHEREAS, at a regular meeting of the City Council of the City of Lake Elmo, Washington County, Minnesota, held June 3, 1980, a Petition was presented to the City Council praying for the vacation of a portion of 35th Street adjacent to the Haseley property in the City of Lake Elmo, legally described as follows, to —wit: The Southerly Six (6) feet of 35th Street North, lying adjacent to and immediately Northerly of the following described parcel: All that part of Section 13, Township 29, Range 21 West, described as follows, to —wit: Beginning at a point on the West side of the highway 324.69 feet (recorded as 321.85 feet) North of the Northeast corner of Block 2 of Elmo Park; running thence West 17 degrees 18 minutes South 1,96.55 feet; thence North 17 degrees 18 minutes West 50 feet; thence East 17 degrees 1.8 minutes North 212.12 feet to the highway; thence South along said highway 52.37 feet to the place of beginning, said premises being located in the Southwest Quarter of the Northwest Quarter of said Section 13. Also described as: Lot 13, and the northerly 2.00 feet of the easterly 50.00 feet of Lot 11, as measured at right angles to the northerly and easterly lot lines, and the southerly 48.00 feet of the easterly 50.00 feet of Lot 10, as measured at right angles to the southerly and easterly lot lines, all in County Auditor's Plat No. 8, according to the plat thereof 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 the said City Council at a regular meeting thereof held at 7:30 P.M. on Tuesday, June 3, 1980, in the City Hall pursuant to notice thereof published and posted as required by law; and 11, WHEREAS, the City Council of the City of Lake Elmo has conducted several 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 Peti— tion and after- due consideration thereof has determined it is in the best interests of the public to vacate the above — described portion of 35th Street for the following reasons: 1. The portion of 35th Street being vacated is un— improved and has never been used for any public purpose. 2. The City would benefit by having said property returned to private use and maintained as part of the adja-- cent private holdings; and no public purpose would be served by improving or opening the above —described portion of said street; WHEREAS, for the foregoing reasons, it appears to be in the public interests to vacate the above —described portion of 35th Street; NOW, THEREFORE, BE IT RESOLVED, that the portion of 35th Street described above be, and the same hereby is, vacated. BE IT FURTHER RESOLVED, that the City Administrator shall prepare a Notice of Completion of these proceedings -- which shall contain the name of the City, and the identifica— tion of the vacation, a statement of the time of completion thereof and a description of the real estate and land affect— ed thereby. Such notice shall be presented to the Washington County Auditor, who shall enter the same in his transfer records and note upon the instrument over his official signa— ture the words "entered in the transfer records". The notice shall then be filed with the County Recorder,. all as required by Section 368.01, Subdivision 25 of the Minnesota Statutes. Adopted by the City Council of the City of Lake Elmo this 3rd day of June, 1980. / Thomas G. Armstrong, Mayor Attest: Laurence Whittaker —� City Administrator R80-29 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO HUFF 'N' PUFF DAYS IN THE CITY OF LAKE ELMO WHEREAS, Huff 'n' Puff 1979 was shown to be a fun way to raise money for park equipment-; and WHEREAS, several local issues have gotten us warmed up for huffing and puffing; and WHEREAS, many more citizens are taking up sport activities; and, WHEREAS, community spirit and health can benefit along with our parks; and THEREFORE, BE IT RESOLVED, that Huff 'n' Puff Days, August 15 to 17, 1980 be and hereby is officially designated a civic celebration in the City of Jl.ake Elmo. ADOPTED by the City Council this 3 day of June, 1980. jThoas Armstrong, Mayor Attest: c Laurence E. Whittaker City Administrator M R-80-'31 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A MINOR SUBDIVISION AND REZONING FOR WILLIAM LUNDQUIST WHEREAS, William Lundquist has made application to the City of Lake Elmo for a rezoning and minor subdivision on the following described real estate located in the City of Lake Elmo, Washington County, Minnesota, legally described as follows, 'to•-w.it: The East 787.00 feet of the North 657.77 feet of the Northeast Quarter of. the Northeast Quarter of Section 2, Township 29 North, Range 21 West, Washington County, Minnesota as measured at a .right angle to the east and north lines of said Northeast Quarter of the Northeast Quarter, respectively, containing 6.53 acres, more or less, exclusive of the T. H. No. 36 Highway Easement. Subject to a road easement for public road purposes over. the South 30.00 feet thereof and also subject to a highway easement along the north line thereof .for T.H. No. 36 as described in the Final Certificate recorded in Book 275 of Deeds on page 497 and also subject to a highway easement over. the East 50.00 feet thereof for C. S. A. H. No. 17 (Lake Elmo Avenue) as described in Book 258 of Deeds on page 49, and also subject to a power line easement in favor of Northern States Power. Company along south line as recorded in Book 293 of Deeds on page 34. Together with a road easement for public road purposes over the South 30.00 .feet of the North 687.77 feet of the East 787.00 feet of said. Northeast Quarter of the Northeast Quarter of Section 2. WHEREAS, it appears that a rezoning is necessary since the above -described real estate is presently zoned R•R (Rural Residential) and the proposed use is permitted only in P (Public and quasi -public open space) districts; and WHEREAS, the Lutheran Church of America proposes to purchase the above -described real estate from William Lundquist and to use. the site to construct a church within the next three (3) years; and q WHEREAS, the above -described land was not at the time of the application a separately described parcel of record; and WHEREAS, there does not appear to be any reason related to the public health, safety and welfare which would require a denial of said rezoning and minor subdivision for said property; and WHEREAS, the City of Lake Elmo Planning Commission considered the proposed rezoning and minor subdivision on May 28, 1980, and recommended the approval thereof; NOW, THEREFORE, BE l:T RESOLVED, by the City Council. of the City of Lake Elmo as follows: 1. The application of William Lundquist for a rezoning and minor subdivision of the above -described real estate is, hereby granted. Adopted by the City Council of the City of Lake Elmo this 3rd day of June, 1980. Thomas G. Armstrong, Mayor Attest: Laurence Whittaker City Administrator - - 2 - 1\ R-80-33 RESOLUTION CITY OF LAKE: ELMO WASIiINGTON COUNTY, MINNESOTA A RESOLUTION OPPOSING THE RECLASSIFICATION OF LAKE ELMO REGIONAL PARK. RESERVE TO REGIONAL PARK WHEREAS, All the property purchased for the Lake Elmo Regional Park Reserve was purchased for the purpose of creating a Park Reserve; and, WHEREAS, this area was designated and described as a Park Reserve at all the public hearings and meetings concerning the plans for the acquisition and the development of the Lake Elmo Regional Park Reserve; and, WIiEREAS, none of the conditions surrounding the nature of the land or its appropriateness for various uses have changed since the land was acquired and the meetings on the Park Reserve were held; and, WHEREAS, the area purchased exceeds the desired size for a Regional Park by 2,000 acres., and, WHEREAS, the development of more than twenty percent (20%) of the land area would certainly over -tax Washington County's ability to manage and the City of Lake Elmo's ability to accom- modate this development; and, WHEREAS, the development of more than twenty percent (20%) ( of the land area would be out of character with the present and planned uses adjacent to the Park Reserve property in Lake Elmo, which are guided by Metropolitan Council policies; and, WHEREAS, the Metropolitan Development Guide indicates that this area is entirely outside of the Metropolitan Urban Service Area; NOW, THEREFORE, I3E IT RESOLVED, by the City Council of the City of Lake Elmo, Washington, County, Minnesota, that: 1. The City of Lake Elmo strongly opposes the reclassi- fication of the Lake Elmo Regional. Par], Reserve to Regional. Park; and, 2. The City of Lake Elmo will. oppose said reclassification throughout the hearing and review process on the Metropolitan policies with respect to the Lake Elmo Regional Park. Reserve and throughout the process of review and hearings for,the plan and development of the Lake Elmo Regional Park Reserve, and into the courts if necessary. ADOPTED, this the 3rd day of ;Tune, 1980, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: ATTEST: Thomas G. A.rmstrong, Mayor w Laurence E. Whittaker., City Administrator. 11-80-34 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, M114NESOTA A RESOLUTION OPPOSING ONE FULL -TERM MEMBER FROM RAMSEY COUNTY ON THE BOARD OF MANAGERS OF THE VALLEY BRANCH WATERSHED DISTRICT. WHEREAS, only two percent of the land area in the Valley Branch Watershed District is in Ramsey County; and, WHEREAS, only 8.27% of the assessed valuation of the District is in Ramsey County; and, WHEREAS, there are only five (5) ful.l.-term managers appointed to the Board of Managers of the Valley Branch Watershed District to serve all areas of the District; and the City of Lake Elmo believes representation of. the Board of Managers of the Valley Branch Watershed District should be in proportion to these relationships; and, WHEREAS, Ramsey County has requested the appointment of one (1) full -term permanent manager be from Ramsey County; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Washington County, Minnesota that: 1. The City of Lake Elmo opposes redistribution of the Board of Managers of the Valley Branch Watershed District to permit one full. -term permanent Manager from Ramsey County; and, 2. The City Council of the City of: Lake Elmo respectfully suggests that the next vacancy on the Board of Managers be filled by the Ramsey County Board of County Commissioners for a term of two years; and, 3. That representative be replaced with a representative appointed by the Washington County Board of County Commissioners; and, 4. Thereafter, this term alternate every two years between Ramsey and Washington Counties. ADOPTED, this the 3rd day of June, 1980, by the City Council of the City of Lake Elmo, Washington County, Minnesota. 5I]GNED: 7'Fiomas G. Armstrong, Mayor ATTEST: � Laurence E. Whittaker City Administrator CLAIMS TO BE APPROVED AT THE JUNE 3, 1980 COUNCIL MEETING 80310 First National Bank of St. Paul - Water Imp.Bond Interest 80311 R. H. Stafford, Wash.Cty.Treas - Landfill Payment 80312 Chicago N.W. Transp. Co. - Annual lease bill 80313 Int. City Management Ass'n. - Dues 80314 Northern States Power 80315 Northwest6rn Bell 80316 Kathleen Crombie - Planning Sec'y 80317 Minn. Benefit Ass'n 80318 Washington National Insurance Co. 80319 Allied Group Insurance Trust 80320 Pozzolan Products, Inc. - NSP Slag 80321 Mollie Hedges - 5/27/80 newsletter 80322 Van Waters & Rogers - Water Dept chemicals 80323 Wintz Motor Frt. - freight for chemicals 80324 Edna Beers - Hosp. reimbursement 80325 City of Oakdale - Animal Contract 80326 T. K. D. A. - General $ 1,035.70 201 Study 133.08 M.S.A. 258.78 Mt. Garage 198.35 Pass Thru 454.52 80327 T. A. Schifsky - PIC Mix 80328 Unitog - Men's uniforms 80329 Al Martens -- Park Coauni.ssion - picture frames 80330 Vern's G.T.C. Auto Parts misc. 80331 Chapin Publishing - Park Shelter 80332 State Treasurer - Water Dep't Certificate 80333 Bruce Rosenau - May mileage 80334 Laurence Whittaker - Expense 80335 Lydia Richert - June Garage Rent 80336 Marcella Eischen - Meter Reader 80337 St.Treas.-Soc.Sec.Cont.Fd. - May withholding 80338 State Bank of Lake Elmo - May withholding 80339 Commissioner of Revenue - May withholding 810.00 7,500.00 110.00 163.33 700.73 126.53 50.00 26.40 372.82 96.44 62.50 140.00 67.35 18.09 33.00 1,060.00 2,080.43 198.33 455.96 21.94 26.18 12.22 15.00 114.75 50.00 50.00 109.40 1,769.66 2,064.40 916.00 CLAIMS TO BE APPROVED AT THE JUNE 3, 1980 COUNCIL MEETING (CONTINUED) 80340 Thomas G. Armstrong - z Mayor Salary 80341 Francis Pott - 2 Council Salary 80342 Dave Morgan - 2 Council Salary 80343 Jess Mottaz - 2 Council Salary 80344 Jeanne Novak - z Council Salary 80345 Oakwood Animal Hospital - May animal control 80346 thru 80359 June 13th payroll Totals 1,000.00 750.00 750.00 750.00 750.00 226.00 4,000.00 $ 27,447.46