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HomeMy WebLinkAbout09-02-80 CCMLAKE ELMO CITY COUNCIL MEETING, SEPTEMBER 2, 1980 Mayor Armstrong called the meeting to order at 7:37 p.m. Councillors in attendance: Mottaz, Pott, Novak (7:50) AGENDA: Additions - Administrator's Report: Announcements. Pott moved, seconded by Armstrong, to approve the agenda as amended. Motion carried 3-0. MINUTES: Mottaz moved, seconded by Armstrong, to approve the minutes of August 5, 1980. Motion carried 3-0. Armstrong moved, seconded by Pott, to approve the minutes of August 19, 1980. Motion carried 3-0. CLAIMS: Administrator Whittaker informed the Council a rebate check will be issued to Ralph Oace for money not expended on his private road improvement in the minor subdivision. Payment is subject to the Engineer's approval of the road. Armstrong moved, seconded by Mottaz, to approve Claims 80545 thru 80579. Motion carried 3-0. FIRE CHIEF CONFERENCE: Mottaz moved, seconded by Armstrong, to authorize $194.50 for Bruce Kuettner to attend a three day Fire Chief Conference, Motion carried 3-0. This will be taken out of the Fire Department Training Budget. MAINTENANCE BUILDING: Frattalone Excavation called the Administrator and said they could complete the excavation of the parking area and set the drainage swale at the new maintenance building, The Administrator authorized them to do the work at a cost not to exceed $1.,000. The City is entitled to a credit for,,, the fill they removed from the parking/drainage area that was used in the areas they contracted to fill. LICENSES: Armstrong moved, .seconded by Mottaz, to approve the following Contractor's Licenses: Wahlquist Bldrs., 1007 N. Owens, Stillwater; Glen Neujahr, 21.954 Jason Avenue, Forest Lake; and Decks by Notch, Bruce Johnson, 600-658 Transfer Road, St. Paul. Motion carried 3-0. Armstrong moved, seconded by Mottaz, to approve the following 1 day non -intoxicating malt liquor licenses at Green Acres: Red Maple Sportmen's Club, Susan Miggler, 1724 Margaret St., St. Paul, for 9/13/80, 6 to 12 midnight, 85 people; David H. Mitkowski, 2529 1/2 E. 7th Street, N. St. Paul, for 9/7/80 8 a.m. to 10 p.m., 100 people; and K-G Research, Tnc. 6995 55th St., N. St. Paul, for 9/20/80, 1.1 a.m. to 10:30 p.m,,, 150 to 200 people. Motion carried 3-0. Armstrong moved, seconded by Pott, to approve a 1 day non - intoxicating malt liquor license, for the Lake Elmo Jaycees at Lion's Park on September 5, 1980. Motion carried 2-1. Mottaz opposed. The Administrator will check with the Jaycees on their contribution duet.he City from 1979 Huff and Puff Days. LAKE ELMO CITY COUNCIL MEETING, SEPTEMBER 2, 1980 -2- PUBLIC HEARING - DON SINGER VARIANCE TO INSTALL DRIVEWAY OF MORE THAN 24'WIDTH AT 9161 JA.NE ROAD N.: Mayor Armstrong opened the hearing at 7:45 p.m. No one was in the audience for the Singer hearing. The Council reviewed Mr. Singer's proposal. Councilman Pott looked at the area and noted the neighbor to the north has a similar off-street parking area. The Council asked what the City's responsibility would be should a City improvement or public utility go through this area. 23 ft. of the proposed area is on City right-of-way. The Council.agreed in these types of instances, the City should bear no responsibility for replacing a parking area or driveway should. City or utility work be necessary. The Council also noted the possibility of washing of the shoulder, the need of an area for snow banking and entrance width. Armstrong closed the hearing at 7:57 p.m. Armstrong moved, seconded by Mottaz, to table any action and direct the Building Inspector and the City Engineer to look at the site and determine if another design is feasible.for two cars and a 24 ft. maximum width entrance. Costs for the Engineer to be passed through to Mr. Singer. Motion carried 4-0. PUBLIC WATERS: The Council submitted their recommendations for names of public waters in Lake Elmo. The Planning Commission will review the map at their September 8, meeting. LEGION POND: Attorney Marshall recommended the City retain the firm of Eckberg, Lammers, Briggs & Wolff to handle the suit filed by Collyard's and Burgoyne's; as his firm, Lawson, Raleigh and Marshall has represented Collyards in the past. The Council agreed. Mottaz moved, seconded by Novak, to close the public meeting to discuss the pending lawsuit of Collyard-Burgoyne vs City of Lake Elmo. Motion carried 4-0. Mayor Armstrong reopened the public meeting at 8:55 p.m. Armstrong moved, seconded by Pott, to: 1. Direct the City Attorney to contact Mr. James Lammers, Attorney with Lammers, Briggs, Eckberg & Wolff, and request he represent the City of Lake Elmo in this action. 2. Direct Mr. Lammers to put in a General Denial and com- mence Discovery by Interrogatories,as to the basis for the plaintiffs claims against the City. 3. Direct the City Engineer to proceed as quickly as possible, to obtain the test wells and the results from the wells, and report back to the City Council. 4. The City of Lake Elmo will notify all property owners along Legion Pond who may have septic system problems, because of the level of the pond, that the City will entertain petitions for improvements to their property, either by fill or new septic systems or any temporary holding tanks that may.have to be constructed above ground level, in order to provide adequate sewage disposal while a permanent solution is being reached. LAKE ELMO CITY COUNCIL MEETING, SEPTEMBER 2, 1980 -3- LEGION POND: 4. And, the City will, upon petition, order the project under Minnesota Statute Chapter 429. :This will be assessed back to the petitioners over a period of years at 8% interest. The petitioners should include a provision that the property owners agree to waive their right to a hearing; then the City can act on them immediately. A hearing will delay the project several weeks. 5. The City Council will call a special meeting immediately upon reciept of such petitions, so that the project can be immediately ordered. Discussion: The City is drafting the easements for pumping, should that be feasible, and will discuss the permit for pumping with DNR and Valley Branch Watershed District in order to expedite the project. Motion carried 4-0. Attorney Marshall will verify if the Council can call a special meeting to order the project without the required two week notice, because of the emergency situation. The City can order a project up to $10,000 without taking formal bids. Any project will require Engineer approval. ENGINEER'S REPORT: Beutel Pond - The project is 60% complete. The contractor has about 300' of pipe to install and the gate is being fabricated. NEWSLETTER: The Council reviewed the Newsletter on DNR Accesses and Surface Water Use. The Council disagreed with the DNR hours for water skiing. The Administrator will write DNR and ask what the basis is for these hours. Mottaz suggested that time limitations should include the effect on canoists, sailboats, lakeshore, etc. as well as fishermen. The Administrator will set up the Agenda for the meeting to follow the format of the Newsletter. ORDINANCE 7919- OFF ROAD VEHICLES: The Administrator responded to the Councils questions on whether this ordinance repeals the old ordinance. Ordinance 7919 adopts the State Statutes, and adds off -road vehicles to the Snowmobile Ordinance. It only repeals the definitions of the present ordinance, which are now covered in Ordinance 7919. The City Attorney advised that the Intent clause and its wording is necessary because of adding the extra regulations. Armstrong moved, seconded by Mottaz, to adopt Ordinance 7919 - Off -Road Vehicles. Motion carried 4-0. PAY PLAN: The Council reviewed and discussed the Administrator's final recommendations on the Pay Plan. Pott moved, seconded by Armstrong, to approve all the salary changes, as recommended, other than Light Equipment Operator and General Maintenance Operator. Motion carried 4-0. LAKE ELMO CITY COUNCIL MEETING, SEPTEMBER 2, 1980 PAY PLAN: Pott moved, seconded by Armstrong, that ( Operator and General Maintenance Operator percentage increase (9%). Motion carried abstaining. the Light Equipment get the same 3-0-1 Novak BUDGET TRANSFERS: The Administrator will draft this resolution for the next meeting. LEAGUE BUILDING: Armstrong moved, seconded by Mottaz, to budget $1700 for the League Building payable in 1981. This is not an appropriation. It only indicates the City's preference for financing the building. Motion carried 4-0. The Administrator will write the League of Minnesota Cities and notify them of the Council's action. BUDGET ADOPTION: The Budget is scheduled'to be adopted at the September 16 meeting unless the Council schedules a special meeting to address additional questions. WATER DEPARTMENT BUDGET: The Administrator will send out the Water Department Budget for Council review before the September 16 meeting. STATUS MEMO: A. 15th Street Vacation - The County is in the process of condemning four or five properties whose owners did not accept the County appraisals. This will take 90 to 120 days. The Administrator asked the Council if they are willing to vacate 15th Street, thus depriving these residences of two accesses to their property until January. The City had agreed not to vacate prior to April 1980. The Council agreed to hold a public hearing on October 7, 1980, at 7:45 p.m. to make a final decision on 15th Street. B. Changes in the house Moving Permit Ordinance - The Administrator is working with the Building Inspector to clarify the ordinance, especially the review process for house moving permits. C. Sign Ordinance - Will be ready for Council approval at the next meeting. D. Ag Preservation - Armstrong wants the City to implement this bill as sooh as possible. The Administrator reported that the State Department of Agriculture has not established the process to implement this. The Administrator will certify all the property in the City that qualifies, so that all the preliminary work is done. E. County Watershed Action - proposition of the County and Big Maring and Big Carnellion has four projects that should County commit to funding. The Council discussed the DNR subsidizing pumping of Lakes. Lake Elmo currently qualify for funds, should the The Administrator will draft a letter stating Lake Elmo is opposed to County and DNR funding these pumping projects; but, should they decide to commit public monies, Lake Elmo expects equal consideration and cooperation. LAKE ELMO CITY COUNCIL MEETING, SEPTEMBER 2, 1980 -5- F. Liquor Licenses - Novak.asked the necessity of liquor licenses for private parties when liquor is not being sold. The Administrator advised the Council that if liquor (non - intoxicating malt liquor) is not being sold there is no need for a license. He will also advise license applicants of this fact. G. Civil Defense - Cimarron's survey is nearly complete. Mike Ahrens is contacting the Homeowners Association and interested residents to serve on an evacuation plan committee. H. State Aid Deferred Payment - Armstrong moved, seconded by Pott, to defer the last 1980 Stat Aid payment to January 1, 1981. Motion carried 4-0. * * I. Park Commission - The Council discussed Park Commission action and determined several items require Council approval. Administrator Whittaker will contact Ed Nielsen and Dave Morgan about these issues. ADJOURNMENT: 10:20 p.m. * I. Park Commission - amended 10/16/80 The Council -reviewed the minutes of the Park Commission meeting of August 28, 1980. Before the Commission initiates any action on the Beaubien land purchase or the lan lease in Sunfish Park the Council would like to review these items. Administrator Whittaker will contact Ed Nielsen and Dave Morgan. CLAIMS TO BE APPROVED AT SEPTEMBER 2, 1980 COUNCIL MEETING 80545 Marcella Eischen - Meter Reader 80546 Lydia Richert - Garage Rental 80547 Laurence Whittaker - monthly expense 80548 Bruce Rosenau - Mileage 80549 Washington National Insurance Co. - Hosp. 80550 Minn. Benefit Ass'n 80551 Northern States Power 80552 Bahl's Motor & Implement - mower parts 80553 Minn. Toro, Inc. •- Mower Blades 80554 MCFOA Membership 80555 T.K.D.A. General $ 220.43 Pass Thru 216.43 Beutel Pond 103.50 Legion Pond 507.53 Eagle Point Dike 134.28 Tablyn Tennis Cts. 143.53 Energy Audit 85.55 M.S.A. 1,310.11 80556 T.S.B. Water Billing Service TT 80557 Chapin Publishing Co. - MSA Program 80558 Givens, Inc. - Keys, fire hall 80559 Washington County Treasurer - copies, blueline 80560 Carl Olinger 80561 Mollie Hedges - 8/12 and 8/26 newsletter 80562 Van Waters & Rogers - Acid, Water Dept 80563 Wintz Motor Frt. - freight for acid - water dep't 80564 Assn of Metro. Municipalities - copies of salary 80565 Kathleen Crombie 8/25 meeting 80566 Volunteer Firemen's Benefit Ass'n 80567 Armco, Inc. - Beutel Pond Project 80568 thru 80578 September 5, payroll 105.50 50.00 50.00 204.25 382..82 26.40 763.37 392.53 50.06 10.00 2,721.36 87.50 90.16 68.73 14.00 1,000.00 280.00 67.35 23.85 survey 35.00 25.00 - new members dues 12.00 1,743.30 3,500.00 $ 11,703.18