Loading...
HomeMy WebLinkAbout12-02-80 CCMLAKE ELMO CITY COUNCIL MEETING, DECEMBER 2, 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: Review of the 201 Schedule, Direction of Business Climate in Lake Elmo, District 834 Advisory Committee, Animal Control Contract, Support for VBWD on 3M Grant for 1006. Morgan moved, seconded by Mottaz, to approve the Agenda as amended. Motion carried 5-0. MINUTES: October 21, 1980 - Armstrong moved, seconded by Morgan to include the approved changes submitted by Al Lehman, 3M, in the October 21 minutes. Motion carried 5-0. November 18, 1980 and November 24, 1980 -.Approval tabled until December 16, 1980, meeting. CLAIMS: Morgan moved, seconded by Armstrong to approve Claims 80878 thru 80975. Motion carried 5-0. ANIMAL CONTROL OFFICER CONTRACT: The Animal Officer prefers to keep the contract on a six month"renewal basis. Mottaz moved, seconded by Novak, to renew the Animal Control Officer Contract with Jerry Dahlberg for the period of January 1, 1981 to June 30, 1981. Motion carried 5-0. TRI-LAKES LETTER: The Council reviewed the letter from Dick Murray, Tri- Lakes Association. The City had requested the Association define their boundaries; but noted they changed their by-laws to include only those residents within 100 ft. of a lake rather than 1,000 ft. The Administrator will write the Association stating the City did not intend they change their by-laws; but, only define the boundaries of the Tri-Lakes area for the Association. He will also ask them to discuss Civil Defense Sirens at their annual meeting. COMP PLAN AMENDMENT PROCEDURES: The Met Council wants the City's comments on the new procedure by December 11. Any comments or concerns should be submitted to the Administrator before the llth, and he will forward them to the Met Council. LAWRENCE E. LANZ: Shoreland Permit at 8311 Windbread Trail - Mr. Lanz is requesting a Shoreland Permit to add fill to expand his driveway. The Engineer has reviewed the site and reported that the proposed elevations are above the minimum building elevations and not in the flood plain. He recommended that any disturbed area be sodded or reseeded after construction so that the fill does not erode into the pond or lake. Morgan moved, seconded by Mottaz, to grant a. Shoreland Permit to Lawrence Lanz, with the provision that the sloped area along the driveway be stabalized with sod or seed and mulch to prevent erosion. Motion carried 5-0. CITY COUNCIL MEETING, DECEMBER 2, 1980 -2- ENGINEER'S REPORT: A. Water Storage in Regional Park - The Council reviewed the Engineer's memo outlining he storage areas and the estimated cost. The Council discussed the construction material and cost. if built, this will be designed as a permanent recharge area. The Administrator and Engineer will meet again with the County on December 18 to discuss their interest in this project. Morgan feels the County and/or the Watershed District should assume the cost for this project, and suggested it be included in the development costs for the Regional Park. This will be pursued with the County, DNR and VBWD. B. Private Road Design - The Engineer recommended the minimum standard for a public street'Ue a 2" blacktop mat on 4" of gravel, 24 ft. wide. This differs from his recommendation of a minimum standard for a private road. The original recommendation for a private road was 24' widergravel base road with 1 1/2" blacktop mat and a 50' turn- around with cul-de-sac. His main concern is that once this type of "private road" is placed on a City r-o-w, it should be wide enough for emergency vehicles to pass and to provide snow storage. The City will have the authority to improve a private road and assess the cost should adjacent property develop, access becomes a problem, or the private road is not maintained for emergency access. Everette Beaubien - Mr. Beaubien requested the opportunity to express his concerns a out the private road policy and explain his dubdivision proposal. Mr. Beuabien talked to Lehart Friedrich, property owner to the south. He agreed with Mr. Beaubiens proposal; and has no plans to develop his property. Mr. Beaubien is of the opinion there is a 66 ft. dedicated easement along the Beaubien/Friedrich property. The Administrator is verifying this with the City Attorney. The width of the present access road is 12 to 1-4 feet. Mr. Beaubien maintains this driveway and the graveled portion of Kelvin Avenue. He is requesting that the City permit a graveled extension (about 100 ft.) of his access to accomodate his daughters lot. He will maintain this and will enter into a maintenance agreement with the City similar to the Banister and Payne Agreements. He will provide the City a 66ft. road easement. The Council reviewed the the Banister agreement and discussed various other private road requests. They also discussed a 66 ft. north/south easement next to the Beaubien home. Morgan moved, seconded by Mottaz, to approve the proposal and variance from the lot width requirement and improved public road for Everett Beaubien, in concept only, for the following reasons and with the following..:provisionsc Because of the configuration of the property; the road cannot be extended because of Sunfish Lake; a variance on the 125' frontage will not impact the housing density provided only two homes are serviced off this road (Mr. Beaubien's and the one proposed by this subdivision); and provided that two 1 1/2 acre lots can be created; 2 drainfield sites are available on each lot with one acre of land suitable for septic tanks; perc tests and borings are submitted; and a Certificate of Survey by a Registered Land Surveyor is approved by the City Council. Mr. Beaubien further agree to enter into a Maintenance Agreement with the City (per Banister/Payne Agreement); and provide a 66ft. east/west road easement to the lots that protect the lake easement rights of his neighbors and a 66 ft. north/south easement as such time the City deems it necessary. Motion carried 5-0. x), R-80-64 RESOLUTION CITY OF LAKE E'LMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ACCEPTING THE IMPROVEMENTS IN THE PLAT OF EDEN PARK SECOND ADDITION AND RELEASING THE REMAINING DEVELOPER'S BOND WHEREAS, the Developers of Eden Park Second Addition have completed the improvements required under the development agree— ment between the City and said developers dated January 9, 1978; and WHEREAS, all. improvements required under said development agreement have been installed by the developer and inspected by the city engineer who has now recommended final acceptance of all the improvements required under -the development agreement with the City; and WHEREAS, Section 401.510D of the Lake Elmo Municipal Code provides that the developers shall warrant the said improvements for one (1) year after their acceptance; NOW, THEREFORL,BE IT RESOLVED, by the City Council of. the City of Lake Elmo as follows, to —wit: 1. The street improvements and storm sewer improvements constructed by the developer of the plat of Eden Park Second Addition be, and the same hereby are, accepted by the City for maintenance subject to the right of the City to .require the developer to perform any corrective work which may appear to be necessary to the City for a period of one (1) year following the adoption of this resolution. 2. The City acknowledges the installation of certain utility improvements by the developer and various public utilities in!the plat of Eden Park Second Addition; however, the City accepts no responsibility whatsoever for maintenance of these utility improve— ments. 3. The developer's bond or other security deposit which was previously reduced to the sum of $1.1,000.00 is hereby released, subject to the developer paying any remaining pass —through costs N and park dedication fees owed to the City of Lake Elmo. l Adopted by the City Council of the City of Lake Elmo this 2nd day of December, 1980. Thomas G. Armstrong, Mayor - ATTEST: *Iult4utj(Uk�U�I-- Laurence Whittaker, City Administrator i CITY COUNCIL MEETING, DECEMBER 2, 1980 -3- C. Eden Park - The final inspection is complete and the improvements ready fo� r al acceptance. Some pass through costs and the park dedication remain to be paid. Armstrong moved, seconded by Mottaz, to adopt Resolution 80-64, accepting the improvements for Eden Park Second Addition, holding the bond until all pass -through and park dedication monies are paid. The park dedication amount shall be paid within two weeks or the amount will accrue interest at the maximum legal rate. Motion carried 5-0. D. Eagle Point Lake - Releasing the sotred water for Little Sunfish Project - Approximately 1.6 ft of water has to seep in before the West Lakeland Storage Site is back to its original condition. The Engineer reported that because of the cold weather and the reduced seepage rate the water on Eagle Point should not be released until after the first of the year. As soon as Sunfish is stabalized and the water can flow, the City will meet with the Watershed District and West Lakeland on releasing the water on Eagle Point Lake. E. 201 Application - The Council reviewed the letter on the application. The Administrator reported that the City may receive a response on their request for funds, on the 201, before January 1. Morgan asked about scheduling. He has received inquiries about available funding for upgrading systems. The Engineer outlined the up. -grading program and said residents should not look for funding help for at least three years. F. Ene�rgX,A udits - The Administrator reported that funding for these audits is nod available, The TKDA Engineer, who did the mini -audits, recommended the City tell the State that they are not interested in a Maxi Audit. Pott moved, seconded by Morgan, to discontinue efforts to obtain State Funding for the energy audits. Motion carried 5-0. G. 15th Street - The Council reviewed the County's plans for 15th Street. No-tTng has changed from their origianl proposal. The Council had no further comments. H. Door Openers - Maintenance Garage - The Maintenance Foreman has suggested, as an energy saver, remote openers for the doors at the Maintenance Garage. The estimated cost is $160 per unit. The Council decided to table this issue and reconsider after a year's experience. COMP PLAN COMMENTS: The Administrator reported that Vic Ward of the Met Council staff indicated the City's response would make the plan adequate; and the Met Council would start their review of Lake Elmo's Comp Plan. The Council had no additional comments on the response. Morgan moved, seconded by Armstrong, to sent the Administrator's letter of response to the Met Council's comments, as drafted. Motion r carried 5-0. PERSONNEL MATTERS: The Council reviewed the Administrator's recommendations on personnel policy. (Memo of November 26, 1980) The Council discussed the personnel policy and the Administrator's recommendation to compensate Ken Carroll for the additional responsibilities he assumed in the absence of the Maintenance Foreman and the Light Equipment Operator, CITY COUNCIL MEETING, DECEMBER 2, 1980 PERSONNEL MATTERS: He recommended Mr. Carroll be paid $8.12 per hour during the time he is performing Light Equipment Operator duties, as provided by the Personnel Policy. The Council discussed Mr. Carroll's extra duties, the policy as it related to this situation, and changing pay rates after they are set by Budget. Several Councillors disagreed with the $8.12 increase; but did feel Mr. Carrol should be given a bonus for his extra effort. The Administrator said if the Council does not agree with the policy , the policy should be changed. Mottaz moved, to pay Ken Carrol and additional $2.12 per hour for the time he performs Light Equipment Operator duties and serves as supervisor over temporary employees. Motion died for lack of a second. The Council discussed the confusion created by overlapping duties and compensation for such work, whether employees should be allowed to change pay rates on a daily basis or during vacations. Mottaz moved, to.+change the policy. Motion died for lack of a second. Armstrong moved, seconded by Novak, to re write that section of the Personnel Policy to reflect that a person is paid at a rate of the job they are employed for and in that position; and, that the Admin- istrator will bring to the Council's attention any employee who is performing above.that-,posit:bn;_,.in'a higher paid position and per- forming the necessary work in the higher paid position for more than five days in succession. The Council, at that point, will make a determination on pay. As recognition of the work Mr. Carrol has done during the past two week period, the Council will award him a $100 pay differential. Motion carried 3-2. Mottaz and Pott opposed. Mottaz opposed this motion, as he feels Mr. Carroll deserves and qualifies for the proposed $2.12 rate difference. Pott does not feel pay rates should be renegotiated once set in the pay plan. ADMINISTRATOR'S REPORT: A. Cable TV The Administrator reported that the Cable Service at Cimarron may be in violation of Minnesota Cable Board regulations, as it is operating without benefit of a City approved franchise or service territory. He is meeting with the Cable Board later this week. Cimarron may fall into the same catagory as apartment buildings, which are excluded from cable regulation. The City''s position is that Cimarron is a Single family complex and would not fall under the apartment catagory, therefore, this company should comply with all the standards, and, if necessary, hold public hearings on the issue. The Cimarron Homeowners Association will discuss this at their next meeting. The City will keep Cimarron informed on the outcome of the meeting with the Cable Board. Anorther homeowners group is being formed in Cimarron called Concerned Cimarron residents. The Homeowners As- sociation will elect officers December 9; and this group will slate candidates. Residents in Cimarron voiced complaints about the cable company servicing them. They are dissatisified about the rates charged, the programs available, and the repair service provided by Harbor Vision. They indicated the majority of the residents now using this service are dissatisified; but, they still want cable TV if an alternative system is available. This company was advised by letter that they would require a service territory and franchise. CITY COUNCIL MEETING, DECEMBER 2, 1980 -5- VALLEY BRANCH WATERSHED REPRESENTATIVE: for the Watershed Board. The Council discussed representatives Armstrong moved, seconded by Morgan, that upon receiving their approval, the City Council request the County Board to appoint Charles Taylor as a Washington County Representative to the Watershed Board or Al Pearson as a Ramsey County Representative. Motion carried 5-0. Morgan will contact Mr. Taylor; Mr. Pearson's name has been submitted to Artie Schaefer. COUNTY PARK MEETING: Armstrong reported on the County Park Commission meeting. He feels the'Board is adequately responding to most of the City's requests and concerns. The major unanswered question is the lake access and boat:launch. He reviewed the report from Mr. Moris, Met Council, on Braur & Associates plan for the park. The Council agreed a City representative should be at all County Park meeting,. HOCKEY BOARDS: Don Raleigh and Dan Collyard have contacted the City about their interest in hockey boards. The Council agreed the City is interested in obtaining hockey boards; but are not in a position to purchase them this year. Novak reported that District 834 may have some available; but they would request that a rink be available for any recreation team in the district for practice. If the boards are ,obtained, another rink. will be flooded for hockey. The priority use of the present rink is for open skating, The City is not willing to reserve this rink for any other use. The Council may consider another rinks without boards, to schedule hockey on. COUNCIL REPORTS: A. Mottaz - Christmas Party - TKDA has donated $100 towards a City Christmas Party. Mottaz moved, seconded by Armstrong, to appropriate $100 towards an Staff Christmas Party. Motion carried 5-0. The party will be held December 19, at 3:30 p.m. All Commission members and City consultants will be invited. County 19 - Mottaz moved, seconded by Morgan, to recommend to Wash gton County that County 19 be developed as a park entrance and designed as a boulevard. Artie Schaefer has indicated he would back this recommendation. Motion carried 5-0. Business Association Proposal - Mottaz suggested the City consider purchasing the property west of the City Office. He has met with the Business Association and proposed working with them on a concept for developing this whole area. He also suggested, should this property be purchased, that the City consider giving a portion of it to the County for construction of a permanent library building, with the remaining property used for parking. The easement to the main street could be developed to provide parking and access for the main street. The Council was receptive to the concept and discussed how such a project could be financed. The Council feels this will give the Businessmen in Lake Elmo an opportunity to work with the City in developing a 'town center' in the Old Village. CITY COUNCIL MEETING, DECEMBER 2, 1980 -6- Armstrong moved, seconded by Pott;;•to authorize the Administrator to contact the realtor selling the property and see what terms can be negotiated. Motion carried 5-0. The Administrator will report his findings to the Council December 16. B. Pott - 834 Adv sorT Berard - Pott reported he is resigning from the 834 Community duca ion A visory Board. The Administrator will put a notice in the next newsletter requesting a volunteer. ADMINISTRATOR"S,REPORT A Administr'atbr:is�,Contract - Mottaz moved, seconded by Morgan, to table considering t e Adm nnistrator''s contract until the January 6, 1981, meeting. Motion carried 5-0. B. Liquor Licenses - Morgan moved, seconded by Armstrong, to approve the attac e liquor licenses. Motion carried 5-0. C. Well Testing - The Administrator suggested the City consider esta lisping an on -going well testing program. Morgan said the PCA does a superior testing job and recommended the City add additional testing sites to their program. He also recommended the City pursue those companies who contribute to the landfills to pay for some of the testing. The Administrator will contact PCA and see what the cost would be to put some of the City''s wells into their computer testing. i'D' Met Gounc'il'-Ropresentative - The Administrator reported that several represen atives are up for reappointment, including Washington County. The Council had no recommendations other than the current representative Opal Peterson. E. Workman''s�Comp - The Administrator recommended the City seek a bid on Wor an''s Comp from the League of Cities. The Council agreed. F. VBWD - 3M Grant - The VBWD requested a grant of $400,000 from the 3M Foundation, to purchase the West Lakeland Storage Site. Mottaz moved, seconded by Armstrong, to instruct the Administrator to send a letter to Valley Branch supporting their request for the 3M grant. Motion carried 4-0-1. Pott abstained. G. Laura Fraser request that the Administrator seek an opinion from the Council on Council members serving on an appointed City Commission. This question was prompted by a regulation in the Handbook of Statutory Cities. She is questioning the legality of a Council person serving on a committee the Council appoints. The Council will review the regulation at the next meeting. ADJOURNMENT: Mottaz moved, seconded by Novak, to aqj-ourn at 11:00. Motion carried 5-0. Resolutions � 80-64 Eden Park Improvement Acceptance CLAIMS TO BE APPROVED AT DECEMBER 2, 1980 MEETING 80878 thru 80881 Ken Friedrich - Little Sunfish $ 88.35 80882 Laurence Whittaker - December Expense 50.00 80883 George Ringwelski - Park Gate - November 60.00 80884 Ludia Richert - December Garage Rent 50.00 80885 Washington National Ins. Co. - Hosp. 372.82 80886 Allied Group Insurance Trust 105.62 80887 Minn. Benefit Ass'n. 26.40 80888 Bruce Rosenau - November Mileage 128.75 80889 Four Seasons - goodies & cups 14.65 80890 Gerald Dahlberg - Animal Control - Nov. 249.00 80891 City of North St. Paul - Animal.. Control 125.00 80892 Oakwood Animal Hospital 202.00 80893 Miller Excavating - Gravel 554.15 Ton @ $3. 1,662.45 80894 Junker. Sanitation 42.00 80895 Northwestern Bell 125.81 80896 Northern States Power 897.36 80897 T.K.D.A. General $ 519.80 _ Pass Thru 275.97 Legion Pond 616.84 Beutel Pond 238.10 Little Sunfish 3,768.83 Park 288.16 Maint. Bldg. 205.63 5,913.33 80898 James Steele Const. = Bal Due after this pmt. $ 42,303.40 47,456.20 80899 C & H Oil Company - Bulk Oil 174.00 80900 Lehart Friedrich - Park, corn planting 274.00 80901 T.S.B. Computer Service - 3rd Qt, Water Billing 87.50 80902 First National Bank of St. Paul - Water Bond 10,840.00 80903 R. M. Parranto Co. - Reid Park Services 450.00 8090/+ Washington Cty. P1ng. - Bldg Insp. services 45.00 80905 Planning & Development Services Comp Plan 60.00 V.B.W.D. Plan 67.00 80906 Pass Thru 77,87.00 Armco, Inc. - Beutel Pond ��6� "-' ��t ®lPyd 314.00 ao /�36' 80907 Mollie Hedges - 11/25/80 newsletter 4, 1llill'0 .1-4-0--8'0 o28°. w 80908 Chapin Publishing - Park Pathway 19.60 80909 Volunteer Firemen's Benefit - new member app 6.00 80910 Washington Cty. Ping. - map 5.00 80911 Capitol Electronics - radio repair fire dept. 50.05 30912 Personnel World - 49 hrs. @ $5.25 - Little Sunfish 257.25 80913 thru 80942 Firemen's Compensation (schedule attached) 5,300.00 80943 thru 80954 December 3,800.00 ®1.2th /payroll j�".�'C2A�f- C�L-Q t^/hLNv ' /ryCCL✓-LE'tl-' .- /J 1. 3_5