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HomeMy WebLinkAbout08-05-80 CCMLAKE =0 CITY COUNCIL MEETTNG, AUGUST 5, 1980 Mayor Armstrong called the meeting to order at 5:00 p.m. Councillors in attendance: Morgan, Mottaz, Novak, and Pott. Also, Administrator Whittaker. AGENDA: sAdditions: Councillors Report- Morgan- Parking, DeMontreville Tr. N., and Pebble Park; Pott - Second City Well. Administratbr's Report: Beer and Bingo License - Guardian Angels Church; State Aid; Announcements, Delete - Cable T.V, Morgan moved, seconded by Armstrong to approve the Agenda of August 5, 19809 as amended. Motion carried 5-0. MINUTES: July 15, 1980 - Morgan moved, seconded by Armstrong, to approve the minutes of July 150 19809 with the following correction: page 5 - Demontreville Highlands Bond Reduction - .......Adopt Resolution 80-45.....,.Motion carried 5-0, CLAIMS: Addition: 80515, Menards - door for Tire Hall kitchen - as much as $98.77. Armstrong moved, seconded by Morgan, to approve Claims 80469 thru 805149 including the amount to Menards. Motion carried 5-0. CITY ATTORNEY: Larson Variance - Mayor Armstrong closed the public meeting at 5:23, The Council reviewed the draft agreement between the City and the Larsons for the requested Variance. On July 29, 1980, Morgan moved, seconded by Armstrong, to grant a variance from the lot size regulation, provided the Larsons entered into an agreement with the City. Mayor Armstrong reopened the meeting to the public at 6135 p.m. After the Council and City Attorney agreed upon the requirements and restrictions, Morgan moved seconded by Mottaz, to approve the lot size variance for Steven Larson contingent on Mr. and Mrs. Larson entering into an agreement with the City of Lake :Elmo providing; Dr. Machmeir oversee installation of the system; Dr. Machmeir inspect operation of the system for three years; and, the Larsons agree to a Pihbld harmless', clause releasing the City of any responsibility for the system. ENGINEER.IS REPORT: A. MSA Report - Engineer Bohrer, Administrator. Whittaker, and local residents met with the District State Aid Engineer. The City Engineer and. State Engineer arrived at a 40 mph curve that would be acceptable to the State. The lila gineer determined the following conclusions after the joint meeting: 1. Square corners with stop signs do not meet State Aid Standards and cannot be approved. 2. 30 MPH curve design does not meet State Aid Standards and cannot be approved unless the segment is speed zoned for 30 mph (the proposed gravel area will not get zoned 30 mph unless the area on Jane Trail. N., running in front of the new DNR boat launch is zoned as such). 3. A speed zone study can be completed in two weeks. 1b, Right-of-way must be condemned. This will take 90 to 120 days, putting a starting date for MSA #1 into November. 5. Bids can be hold for no more than 60 days. Based on -these five conclusions the Engineer recommended the following: 1. The bids presently before the City should be rejected, since the project cannot be approved before right-of-way is obtained. 2. Rebid the project this fall if the 30 mph zone is established, setting construction .for 1981 and acquiring right-of-way through the winter. 3. Consider a 40 mph curve design, should the 30 mph zone not be established possibly trading right-of-way or consider another route. LAKE ELMO CITY COUNCIL MEETING, AUGUST 5, 1980 —2— NSA. PROJECT: The Ed.ers stated the City will have to condemn their pLroperty for right—of—way. Mottaz moved, seconded by Armstrong, to reject the bids currently before the Council and accept the first two recommendations of the .Engineer, The City shall also get together with MR/Dot to negotiate reduced speed curves (30 mph). Motion carried 4-0-1. Pott abstaining. The Engineer urged the Council to express their desire for the 30 mph curves to the District Traffic Pngineer, citing the launch area on Lake Jane Trail N., as a major reason for the reduced speed zone. Jim Blackford, 9765 1.t5th Street, feels the City should assume the assessment costs since the residents on the road do not want or need the improvement. He also suggested extending 47th Street N, and Keats Avenue N. to serve as the troughfare. B. Le.,io— n Pond — Engineer Bohrer updated the Council on Legion Pond project. He reviewed his memo, dated August 59 1980, indicating test results on the .pond meet PCA quality standards of a class 2D lake' noting water pumped from the pond into Lake Elmo would have a minimal effect on the lake. No wells will be drilled until all necessary easements are obtained. C, Beutel Pond — ]Feasibility Report -- The Engineer reviewed the report for the Council. The Council will have to decide whether the County contractor or City crew will do the work. The contractor for the County has offered to charge labor costs only ($5,000) if the City furnishes the materials 039200). Since the old culvert is to be removed, per the County contract, Councilman ( Pott offered to negotiate the labor costs with the contractor. The City l will be responsible for seeding the area should they delay the contractors deadline for this work. D. Eagle Point Storage Downstream — Morgan indicated there are two suitable storage areas. Morgan, Pott, Wittaker, and the city crew will walk the area to locate a suitable site. DINNER BREAK — 13ENIS ELMO INN PUBLIC HEARING — FEASIBILITY OIF BEUTELS POND CULVERT PROJECT — R-80-48, ORDERING PROJECT: Mayor Armstrong called the hearing to order at 7:37 p.m. Engineer Bohrer outlined the project, and Mayor Armstrong explained the assessment procedure. An assessment hearing will. be set at a later date. Discussion: P. Duke 9186 Jamaca — Asked about the culvert under the tracks and the size of the proposed culvert. B. Krostue 9089 Jamaca Ct. N. — Asked about the size and the length of the pipe. This is noted in the report. W. Hughes 9038 31st St. N. — Asked how the work being done by the County, is tied in with the proposed project, Engineer Bohrer explained. C, Kuettner 9130 Jamaca Ct. N. — Asked how the County can place the financial burden of correcting an error on residents affected by such an error, Engineer Bohrer gave the C background of the State project done in 1965 to relieve flooding in the area. The City Is objective is to alleviate flooding and correct the situation via this project . Water will be maintained at a 91? elevation and released in a manner that will eliminate it from sitting for long periods of time in the residential area that floods. LAKE ELMO CITY COUNCIL MEETING, AUGUST 5, 1980 -3_ R, Duke 9186 Jamaca — Concerned about the large culverts: the County is installing and asked about restricting some of the culverts on County 6. Engineer Bohrer noted that there will be restriction on the largest culvert on the upstream end, B, Krostue — Asked how the gate will work, Engineer Bohrer explained the gate will prevent back —flow and store water temporarily, until downstream lakes can handle the water. The DNR. permit requires that whatever volume is released must be retained on .Eagle Point Lake. The City Maintenance crew will be responsible for operating the gate. W. Hughes — Asked what the average elevation of Eagle Point is vs Beutel Pond, Deutel Pond is 912 and Eagle Point 890. Also askedewas policy on maintenance assessment. Mayor Armstrong stated maintenance costs will be paid out of General Revenue. State and County property are not assessable; but the City can bill the railroad, the State and the County, Engineer Bohrer noted this is not the ultimate project proposed by the Watershed District, only an interim solution to resolve a local problem. At some later date a Main Stem Project will be initiated, D. Beutel — Owner of a large portion of property around Beutel Pond, Asked what his status is. As others in the area, if his property run—off drains into the pond it is part of the proposed drainage area and assessment area, He asked what if he did not allow the water to run into the pond, Mayor Armstrong said all construction proposed is on public property, The City is not proposing to place additional water into the pond, only drain out the excess , Iie indicated this was not the natural drainage in the past, and was changed when the highway was built, C. Kuettner, — Feels the City should bear the responsibility, and funds should come out of General Revenue, since the City allowed people to build in these problem areas, The residents did not cause the problems. Mayor Armstrong ( explained. the City's position, stating todays regulations would prohibit many of the homes that are affected or have contributed to the water problems in the City. City policy dictates that, where there is a specific improvement that benefits a specific area, those residents are assessed, Method of assessment will be determined at the assessment hearing, Engineer Bohrer will contact the County Engineer and verify the elevation of the new culvert under the tracks. W, Hughes — Lives on the edge of the proposed project and asked what benefit he will receive and why he should be assessed, The City does not intend to drain the marsh next to the tracks, Mayor Armstrong explained "benefit". Mayor Armstrong closed the hearing at 8:27 P.M. Armstrong moved, seconded by Morgan, to adopt Resolution 80-48, accepting the Beutel 'Pond Feasibility Report, ordering the project, for an amount not to exceed $1295009* authorizing the Engineer to obtain the necessary pipe, authorizing Councilman Pott to negotiate the labor costs with the County contractor, and authorizing the City Administrator and Councilman Pott to accept the contract. Motion carried 5-0. The Assessment Hearing will be scheduled for this fall. The Administrator will contact Valley Branch, the State and the rai.ltcoad concerning their share of the project. Maynard Eder stated he will notify Valley Branch that the City has ordered this project. FEDERAL REVENUE SHARING HEARING: Mayor Armstrong opened the hearing at 8:36 p.m. Th.e Revenue Sharing estimate for 1980 is $25,000. The Administrator recommended this money be used for police services as has been done in the past, Dick Murray, Tri—Lakes Association, suggested it be used for Civil 'Defense Sirens. There were no audience comments, Mayor Armstrong closed the hearing at 8:45 P.M. LAKE ELMO CITY COUNCIL MEETING, AUGUST. 5, 1980 —4— FEDERAL REVENUE SHARING: Pott moved, seconded by ,Armstrong, to designate the $25,000, Federal Revenue Sharing money, toward the Police Contract. i Motion carried 5-0. Councilman Pott noted that this money is spent in the operating part of"the budget and should be reviewed at budget time. The Council discussed, at length, the possible out back in State Aid money. The Council will discuss offset of this money in the capital area during the Budget meetings.. The Council instructed the Administrator to write to the Governor and protest any out in State Aid, MONTAGUE VIRIANCE HEARING: Mayor Armstrong opened the hearing at 8:46 P.M. Due to a steep bank at the back of his property, Mr. Montague is requesting a variance to put his garage in front of, his home at 3360 Klondike Avenue N. No audience comments. Morgan moved, seconded by Armstrong, to approve the variance for James Montague to place a garage in front of his home at 3360 Klondike Avenue N. Motion carried 5-0. PLANNING COMMISSION REPORT: A. Conditional Use Permit for Real Estate Development Si n — Willard• Morton — R-80 — The Council reviewed the Planning Commissions recommendation to approve this permit. Armstrong moved, seconded by Morgan, to adopt Resolution 80-1�9, for. a Conditional Use Permit for Willard Morton to erect a Real Estate Development Sign for. Tartan Meadows. For the purpose of setting a time limit on the sign, project commencement for Tartan Meadows begins with the issuance of this sign permit. Motion carried. 5-0. B, CUP — Douglas Moore — Private Kennel at 10644 loth St. — R-80- 0 — The Council reviewed the Planning Commission recommendation to approve this permit with stipulations. Armstrong moved, seconded by Morgan, to adopt Resolution 80-50, a Conditional Use Permit for Douglas Moore, to operate a private kennel at 10644 loth St. N., per the Planning Commission recommendation and conditions, and providing that the existing 40 x 60 baxn is removed within 90 days of issuance of a permit .for construction of a garage or kennel. Motion carried 5-0. C. Conservaucy R�ons - The Council will. send their comments to the Administrator for discussion at the August 19 meeting. The Council requests the Planning Commission hold a public hearing on the Conservency Regulations at their September 8 meeting. D. §jan Ordinance - The Council discussed the amendments to the Ordinance. Armstrong moved, seconded by Pott, to authorize the City Attorney to draft an amendment to the Sign Ordinance, Motion carried 5-0, COUNCIL REPORTS: Councillor Morgan - 1. Lions Park Tennis Courts - A report will be ready for the next meeting. 2. Pebble Park - the "No Liquor" sign in Pebble Park needs to be replaced. Complaints about daytime parties in the park have been referred to the Sheriffs Department. 3. DeMontreville Trail Parkin - The Administrator will contact the County to verify that signs will be placed from 50th Street N., along DeMontreville Trail N. to Highway 36. R-8o-49 J RESOLUTION CITY OF LAKE ELMO,.. WASEINGTON.COUNTY, MINNESOTA A RESOLUTION APPROVING A CONDITIONAL USE PERMIT I'OR A REAL ESTATL DEVELOPMENT SIGN I'OR WILLARD MORTON, WHEREAS, Willard Morton has applied to the City for a Conditional Use Permit to place a real estate development sign on the following described property located in the City of Lake Elmo, Washington County, Minnesota: The Southeast Quarter (SEk) of the Southwest Quarter (SW30 of Section Twenty-five (25), Township Twenty-nine (29), Range Twenty-one (21) West, Washington County, Minnesota; WHEREAS, a Conditional Use Permit is required under the applicable Section of the 1979 Municipal Code of Lake Elmo; and; WHEREAS, the City Planning Commission considered the proposed Conditional Use Permit at a public hearing, held July 28, 1980, and recommended the approval thereof; and WHEREAS, there does not appear to be any reason related. to the public health, safety and welfare which would require a denial of the proposed Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fake Elmo, the application of Willard Morton for a Condit-ional Use Permit to place a real estate develop- ment sign upon the above -described property be, and the same hereby is, granted subject to the following conditions: A. Such sign shall not exceed one hundred (100) square feet in area. B. Only one such sign shall be erected. C. Such sign shall be removed when the project is eighty (80) percent completed, sold or leased. In all cases, such sign shall be removed no later than two (2) years after the project has been commenced, August 5, 1980 D. Such sign shall not be located closer than one hundred (100) feet to any existing residence. E. No Conditional Use Permit shall be issued for the construction and erection of this sign until the applicant shall execute an acceptance and consent to these conditions. Adopted by the City Council of the City of ]'sake Elmo this 5th. day of August, 1980, 'Thomas G. Armstrong, Mayor 0 ATTEST: " Laurence Whittaker City Administrator As applicants for the Conditional Use Permit above described, we hereby accept the Conditional Use Permit granted by this Resolution on the condition, set forth therein and con- sent to those conditions. M�I Willard Mort n R-60-51 RESOLUTION CI`i'Y OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING `.CITE: TRI-LAKES ASSOCIATION ON ITS 25TH ANNIVERSARY AND FOR ITS OUTSTANDING SERVICE TO THE COMMUNITY WHEREAS, it. is the 25th Anniversary of the founding of the Tri-Lakes Association; and, WHEREAS, The Tri-Lakes Association has provided great service to the community by: A. informing its residents through the Birchbark., B. protecting residents with well and lake testing programs, C. assisting the City's policy process by studying City problems and participating in decision making, and, D. serving as a liaison between the City and the Tri- Lakes area; and, WHEREAS, the Tri-Lakes Association has fostered community spirit, a sense of identity, and a forum for discussion of community issues; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Washington County, Minnesota that: The Tri-Lakes Association is congratulated on achieving its 25th Anniversary; and, that: The Tri Lakes Association is commended for its outstanding service to the City of Lake Elmo. ADOPTED, this the 5th day of August, 1960, by the City Council of the City of Lake Elmo, Washington County, Minnesota, by unanimous vote. SIGNED: Thomas G. 11rrstrong, Mayor ATTEST: ( Laurence E. Whittaker City Administrator L,M ELMO CITY COUNCIL MEETING, AUGUST 5, 1980 -5- COUNCIL REPORTS: 4. Jamaca Gate (Foxfire) - The gate has been destroyed. The Ad- ministrator contacted the School District, Fire Department and Police Department about opening the road. All three agencies would like the road opened as it provides a shorter distance and reduced time to that north section of the City. The Council discussed at length the original agreement for the gate, in- creased traffic on Jane Road N., and the main temmeproblems. One resident on Jane Road N. said he would like to see the road open, Another resident stated the safety of children in the area should be considered. Mayor Armstrong stated that since the gate was a compromise between Foxfire and residents on Jane Road N that has proved unsuccessful, the road should be blocked off permanently. Armstrong moved, seconded by Morgan, to initiate steps to completely close off Jamaca. Road so that traffic will not use that road as a, thoroghfare to Highway 36. Motion carried 1a O-l. Novak abstained. She feels the City has an obligation to provide police and fire protection quickly and efficiently wherever possible. 5. D-posit Fees - Park Shelter - A report will be ready after recent figures are available. Councillor Mottaz 1, Tri� Lakes,- pprooiation - Mottaz moved, seconded by Pott to adopt Resolution 80-51, commending the Tri-Lakes Association on their 25th Anniversary and their, outstanding service to the City of Lake Elmo, Motion carried 5-0, 2. Foxfire Pillar :Easements - Deeds are prepared and this item is on the Status Sheets, 3. Lakeshore Owners Public .Access - Mottaz recommended a meeting with all lakeshore owners to explain the new public accesses proposed, what effect they will have, what authority the City has, long term effects, etc. Mottaz moved, seconded by Armstrong, to set a, public information meeting on public accesses and water surface use, for September 18, 19809 at 7:30 p.m. at Lake Elmo School, Motion carried 5-0. The City will notify all residents in the City of this meeting. Councillor Novak - 1. Old Chairs - The .astimate to restore eight chairs from Robert Lifton, Stillwater, was $74- 75. Additional estimates will be secured. Pott moved., seconded by Morgan, to authorize up to $75 per chair for repair and refinishing. Moition carried 5-0, Councillor Pott - 1. Pavina .Tire Hall .Entrance - This item was not in- cluded in the Are Hall Addition Bid. Councillor Pott suggested three quotes be secured, Morgan moved, seconded by Mottaz, to authorize the Administrator to get quotes on blacktopping the Fire Hall entrance. Motion carried 5-0, 2. Ehe y Priam - Energy Audits have been completed. Reports on each building are available. Major modifications will have to be budgeted for. The Administrator will assemble a review of the reports. 3. Folding Chairs - Morgan moved, seconded by Mottaz, to purchase 46 chairs from Lake Mmo Hardwood, at $6.50 per chair. Motion carried 5-0. This will be paid for out of the Council Contingency Fund. LAKE ELMO CITY COUNCIL MELTING, AUGUST 59 1980 -6- COUNCIL RIE?ORTS: 1,. Present City Well - The Administrator will contact NSP and have them determine if the electrical service or the motor is bad on the municipal well, Councilman Pott distributed his report citing the advantages, issues, and cost of a second well, He asked if the Council is concerned about having only one well and if they areo are they willing to spend $309000 to $409000 on a second well. He indicated there is $40000 in accrued earnings in the Water Reserve Fundy and suggested this could accumulate until there is enough money to drill a new well ($1509000 to $1759000), or pursue acquiring the well that is on .Lake Elmo Hardwood land, Pott offered to negotiate with Joe Rogers if the City Council is willing to pursue the idea and expend the money. Motaz.moved, seconded by Armstrong, to authorize Councilman Pott to determine if the well on Lake Elmo Hardwood property is adequate to serve as a second municipal well, nego-4ate with Joe Rogers to obtain the well,, and authorize up to $500 .for necessary expenditures. Motion carried 5-0. Administrator Whittaker will. verify the revenue figures quoted. The $500 to be appropriated from the Water Department Fund, ADMINISTRATOR IS REPORT: :e A. Planning Assistance Grants - Armstrong moved, seconded by Pott, to adopt Resolution 0-.2, asking the Metropolitan Council to appropriate the additional Planning Assistance Grants Lake Elmo is entitled to. Motion carried 5-0, B. Civil Defense - Administrator Whittaker reported that Cimarron is polling its residents. District 834 has agreed that Oakland. School can be used as a shelter, and the Firemen will take responsibility for the key to the school. The Administrator will contact Cimarron about setting up a meeting with the City and the School District to discuss the Civil 'Defense Program for Cimarron, .Tri-Lakes Siren - The Association has indicated the City should pay for a .siren in this area. Presently, the City has no money appropriated for this. Mottaz moved, seconded by Armstrong to authorize the Administrator to contact the 'Fri -Lakes Assooiation, proposing that the City will pay 1/2 of the costs for a siren if the Association or residents pay for 1/2. Motion carried 5-0. Pott feels the 6ity should contribute towards the purchase of a. siren in both areas (Cimarron and Tri-Lakes). Fire Chief Kuettner is working on getting a Civil Defense Director from the Fire Department, Co Animal Control �C lions - The Administrator is in contact with North St. Paul to contract use of their equipment for animal control. Jerry Dahlberg has agreed to work up to 10 hours per week as Dog Catcher, Administrator Whittaker will advise the Council when North St, Paul responds to Lake Elmo" s request. D. Election JudRes - Mottaz moved, seconded by Armstrong, to appoint the Election Judges as recommended by the City Administrator, Motion carried 5-0. E. — Administrator Whittaker distributed the proposed 1981 Pay Plan. The Council will review this at 5:00 pow., August 199 1980, * Resolution R-81-46 supercedes R-80-52 R-80-53 r RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, M:INNESOTA A RESOLUTION AUTHORIZING THE CONDEMNATION OF REID PARCEL FOR PARK PURPOSES BY MEANS OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City Council of the City of Lake Elmo has heretofore determined that it is necessary, advisable and in the public interest to establish -certain parks within the City; and WHEREAS, in order to accomplish such purposes it is -necessary to acquire the following described land, namely: The East 726 feet of the South 1800 feet of the Southwest Quarter (SW4) of Section 13, Township 29 North, Range 21 West, Washington County, Minnesota, subject to an easement over the South 33 feet for road purposes, owned by Annabella Reid, and the City has offered to purchase such land from said owners at a price deemed by the Council to be favorable but the owners have refused to accept such offer; and WHEREAS, by reason of such such refusal. to sell. the lands above described to the City, it has become necessary to procure such lands by right of eminent domain: NOW, THEREFORE, BE I`1' RESOLVED, that the City of Lake Elmo proceed to procure title to such land under its right of eminent domain and that the City Attorneys be and are hereby authorized and directed to file the necessary Petition therefor and to 1prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City or by the Court;, that the City attorneys, the Mayor and the City Administrator do all things necessary to be done in the commencement:., prosecu- tion and successful termination of such action. 0 Adopted by the City Council. this 5th day of August, 1980. ATTEST Laurence Whittaker, City Administrator /- -AA f� , Thomas G. Armstrong, Mayor -2- LAKE T9,MO CITY COUNCIL ME7,"PING, AUGUST 51 1980 -7- ADMINISTRATOR'S RI2ORT: P. Ried Park Condmnation - Armstrong moved, secordod by Pott to adopt Resolution 80- 3, initiating condemnation proceedings for Ried Park. Motion carried 5-0, t G. Guardian Angels License - Armstrong moved, seconded by Morgan, to grant beer licenses to Guardian Angels Church for September 14, 1980. Motion carried 5-0. The Church does not need a -Bingo license. II. Armstrong Beer License - Morgan moved, seconded by Mottaz, to grant a beer license to Tom Armstrong for October 3, 1980. Motion carried 5-0. 1. Railroad Debris - Administrator Whittaker will contact the Chicago - Northwestern Railroad about the debris pi'e and the culvert they filled in while working on the tracks. A Zoning :District will also be determined ,for the RR so that the City can control what is done along the tracks. ADJOURNMENT: 11:00 p.m. �01 1 �/•� G� �'j 3 o ti%1�� Cj TTiL�t - Rag., -t�dtw4--z�//s' L R-(30-5:1 RESOLUTION CITY OF LAKE ELD40 WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING THE TRI-•LAKES ASSOCIATION ON ITS 25TH ANNIVERSARY AND FOR ITS OUTSTANDING SE'.RVICE TO TIIE COMMUNITY WHEREAS, it is the 25th Anniversary of the founding of the Tri-Lakes Association; and, WHEREAS, The Tri-Lakes Association has provided great service to the community by: A. informing its .residents through the Birchbark, B. protecting residents with well and lake testing programs, C. assisting the City's policy process by studying City problems and participating in decision making, and, D. serving as a liaison between the City and the Tri- Lakes area; and, WHEREAS, the Tr.i-Lakes Association has fostered community spirit, a sense of identity, and a forum for discussion of community issues; NOW, THEREFORE, BE'' IT RESOLVED, by the City Council of the City of Lake Elmo, Washington County, Minnesota that: The Tri-Lakes Association is congratulated on achieving its 25th Anniversary; and, that: The Tri Lakes Association is commended for its outstanding service to the City of Lake Elmo. ADOPTED, this the 5th day of August, 1980, by the City Council of the City of Lake Elmo, Washington County, Minnesota, by unanimous vote. SIGNED: Thomas G. Armstrong, Mayor ATTEST: %- P C� rC _�` _=t Laurence E. Whittaker City Administrator CLAIMS TO BE APPROVED AT THE AUGUST 5th COUNCIL MEETING 8o469 R. Murray - V.B.W.D. Salary $ 91.22 80470 State Treasurer - Building Surcharge - 2nd Quarter 229.87 80471 Commissioner of Revenue - Sales Tax - 2nd Quarter 16.21 80472 Lydia Richert - Garage Rent 50.00 80473 Commissioner of Revenue - July State withholding 597•00 80474 St.Treas.-Soc.See. withheld for July 1,156.38 80475 State Bank of Lake Elmo - July Federal withholding 1,343.60 8o476 TKDA General $ 266.97 Pass Thru 210.71 Tablyn Tennis Cts. 99.23 Legion Feasibility 1,199.76 Beutel's Pond 299.70 Energy Audit 256.13 Maintenance Garage 218.15 M.S.A. 2,588.35 5,139.00 80475 N.S.P. 756.94 80476 Viking Steel Products, Inc. -• Culvert 641.18 80477 Oswald Fire Hose 729.00 80478 Stillwater Book & Stationery - Fire Proof File & Misc. Office 295.52 80479 Bruce Rosenau -- July Mileage 143.50 80480 General Trading - Misc. 11.64 80481 Washington Cty. Hwy. Dept. - Park Signs 140.00 Street Signs 30.05 Patch roads - Water Fund 47.81 217.86 80482 Chapin Publishing - Maint. Garage Publishing 38.71 80483 Shamrock Const. Co. - water for Park Shelter Bldg. 190.00 80484 Tom Johnson Excavating - Sewer installation - Park Shelter 2,150.00 80485 Geo.Siegfried Const. Co. - Park Shelter to 7/14/80 13,200.00 80486 Northwestern Nat'l Bk. of Mpls. - 1970 Street Imp. 15,477.50 80487 First Nat'l Bk. of St.Paul - Park Bonds 38,600.00 80488 Mollie Hedges - 7/22/80 newsletter 140.00 80489 Lake Elmo Hdw.Lbr. - Fire Hall 49.37 80490 T. A. Schifsky -- Tablyn Park Tennis Courts 21,816.00 80490 T. A. Schifsky - oiling on 33rd Street 25.00 80491 Isberg, R.iesenberg & C helseth - Zoning OR,d. Modifications 240.00 80492 Wash.Cty, Planning Dep't - Bldg. Inspections 30.00 80493 Collyard Electric - Water Pump breakdown 165.54 80494 Four Seasons Services - Cups & Coffee 23.85 80495 City of Oakdale - May. June & July Animal Patrol 1,060.00 80496 Northwestern Bell 136.90 80497 Minn. Benefit Ass'n - Hosp. 26.40 80498 Allied Group Insurance Trust 105.62 80499 Washington Nat'l Ins. Co. 372.82 80500 Marilyn Banister - Hospitalization reimb. 45.25 80501 League of Minn. Cities - Dues 867.00 80502 Kathleen Crombie - 7/28/80 P.Z. minutes 25.00 80503 thru 80514 August 8th payroll 3,500.00 $$ 109,703.88 R-80-`i3 V RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING `.CITE CONDEMNATION OF REID PARCEL FOR PARK PURPOSES BY MEANS OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the City Council of the City of Lake Elmo has heretofore determined that it is necessary, advisable and in the public interest to establish certain parks within the City; and WHEREAS, in order to accomplish such purposes it is necessary to acquire the following described land, namely: The East 726 feet of the South 1800 feet of the Southwest Quarter (SW4) of Section 13, Township 29 North, Range 21. West, Washington County, Minnesota, subject to an easement over the South 33 feet for road purposes, owned by Annabella .Reid, and, the City has offered to purchase such land from said owners at a price deemed by the Council to be favorable but the owners have refused to accept such offer; and WHEREAS, by reason of such such refusal to sell. the lands above described to the City, it has become necessary to procure such lands by right of eminent domain: NOW, THEREFORE, BE IT RESOLVED, that the City of Lake Elmo proceed to procure title to such land under its right of eminent domain and that the City Attorneys be and are hereby authorized and directed to file the necessary Petition therefor and to 1prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City or by the Court, that the City attorneys, the Mayor and the City Administrator do all things necessary to be done in the commencement, prosecu- tion and successful termination of such action. _- Adopted by the City Council this Sth day of August, 1980. Thomas G. Armstrong, Mayor ATTEST: �.��>�_ Laurence Whittaker, City Administrator. -2- R80-48 RESOLUTION CITY OP' LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING A P'EASIBIL:ITY REPORT ON LOWERING TILE CULVERT OUTLET OF BEUTELS POND AND ORDERING THE PROJECT. WHEREAS, several septic tanks that serve property along Jamaca Court have been under water as a result of the high water on Beutels Pond; and, WHEREAS, several homes along Jamaca Court have been threatened by high wager on Beutels Pond; and, WHEREAS, the floodwaters on Beutels Pond have created a public health and safety hazard; WHEREAS, the most cost effective remedy to the high water in Beutels Pond appears to be lowering the cul- vert outlet_ to Beutels Pond; and, WHEREAS, the City Engineer reports that the pro- ject is feasible; and, WHEREAS, the City Council held a public hearing on the project on August 5, 1980 at 7:30 p.m.. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Washington County, Minnesota, that: The City Council hereby accepts the Feasibility Report on lowering the culvert outlet of Beutels Pond; finds the project feasible; and, The City Council hereby orders the project and authorizes the Councillor Iran Pott and the City Adminis- trator to order the materials, negotiate with "a qualified" Construction Company to install the culvert and appertances at a cost_ for the completed project not to exceed $12,500.00. Motion: Armstrong, Pott Vote: 5-0 ADOPTED, this the 5th. day of August, 1980 by the City Council of the City of Lake Elmo, Washington. County, Minnesota. . SI N+ D: Thomas G. Armstrong, Mayor AT ]EST: p CAl i/LFn� G( i urence_T Whittaker City Administrator R80-52. RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION REQUESTING 1.980-81 LOCAL PLANNING ASSISTANCE ENTITLEMENT GRANT FUNDS FROM THE METROPOLITAN COUNCIL. WHEREAS, the Metropolitan Land Planning Act, Minn- esota. Statutes, Section 473.851-473.872, requires that The City of Lake Elmo prepare and submit a. comprehensive plan to the Metropolitan Council; and, WHEREAS, the Metropolitan Council and The City of Lake Elmo have entered into a contract_ numbered 7889 dated April 14, 1978 for Local Planning Assistance Grants which was subsequently amended on October 3, 1978 and February 15, 1979, and in the amount of $11,2.49. to assist The City of Lake Elmo in carrying out the required planning; and, WHEREAS, the Metropolitan Council has allocated $9879 to The City of Lake Elmo in additional grant funds for 1980-81;and, WHEREAS, The City of Lake Elmo has completed the planning program required of it by the Metropolitan Land Planning Act; and, WHEREAS, the actual total cost of the required planning activities was $1$ Q22/ 3 as documented by the final progress report attached hereto; and, WHEREAS, the total. grants .from the Metropolitan Council of $21128 will not exceed 75% of the total actual cost of carrying out the required planning; and, WHEREAS, grant- funds from other sources, plus Metropolitan Council grants, will not exceed 100% of the actual planning cost. NOW, THEREFORE, the City of Lake Elmo requests $9879 in 1980-81. entitlement funds and authorizes the Mayor to execute the Agreement Amendment- to the above -referenced contract on behalf of The City of. Lake Elmo. ADOPTED by the City Council of the City of Lake Elmo this 5th. day of August, 1980. SIGNED: CL tL T�onias_G..� rmA strong, or J ATTS.,S ww((� (�✓�� iaurence Whit aver,'-CiEymastrator R80-46 RESOLUTION CITY OF LAKE, ELMO ( WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING THE COMMISSIONER OF TRANSP. TO PERFORM A SPEED ZONE STUDY ON TIIAT PORTION OF LAKE JANE TRAIL N. FROM JAMACA AVENUE N. TO KEsATS AVENUE N. (MSAS #104) See Map. WHEREAS, the City of Lake Elmo has applied for approval of reconstruction plans for part of said. street (45th Street, Julep, and 47th Street to Keats Avenue No and, WHEREAS, the plans for said improvement call for 30 mph curves at two corners which are presently 90 corners to avoid unnecessary taking of substantial additional right-of-way and removal of prime agricultural land from production: and,' WHEREAS, the affected property owners have strongly requested 30 mph corners or slower; and, WHEREAS, the developer' portion of: said street'' Lake Jane Trail N. from Jamaca Avenue N. to 45th Street has developed near urban densities in the past several years; and, WHEREAS, the Mn/DNR is developing a lake access on this street which will greatly increase traffic and the number of entrances to and exits from Lake Jane Trail N. NOW, THEREFORE., I3E IT RESOLVED BY `I'HP CITY COUNCIL, of. the. City of Lake Elmo, Washington County, Minnesota, that; The City of Lake Elmo requests the Commissioner of Transportation perfurm a speed zone study of that portion c`. Lake Jane Trail, 45th, Julep, and 47th Streets from Jamaca F.venue M. to Yeats Avenue- N. (MSAS 4104) to determine if the maximum speed limit of 30 mph can be estab- lished for this street. ADOPTED, this the 29th day of July, 1980, by the City Council of the City of Lake Plmo, Washington County, Minnesota. SIGNED: Was U. Armstrong, mayor ATTEST: / Laurence-T., WHIM -her City Administrator.