HomeMy WebLinkAbout01-20-81 CCMLAKE EL'MO CITY COUNCIL MEETING, JANUARY 209 1981
Mayor Eder called the meeting to order at 7:30 p.m.
Councillors in attendance: Fraser, Mottaz, Morgan and Novak. Also Administrator Whittaker
AGENDA: Additions - Ed Slinde - Olinger Survey; Correspondence. Delete - VB bill
until the February 2, 1981 meeting.
Morgan moved' seconded by Mottaz, to approve the Agenda as amended. Motion
carried 5-0.
MINUTES: December 16, 1980 - Morgan moved, seconded by Novak, to approve the minutes
of December 16, 1980, as written. Motion carried 3-0-2. Fraser and Eder
abstained.
January 6, 1981 - Corrections - page 1, Claims - change date to January 20,,
City Council meeting; Public Inquiries A. .....that the principal building be
built before the accessory.....; page 39 paragraph 20 Mr, and Mrs. Ed Slinde;
Annual Organization Meeting, Item B. Midwest Federal, Eastern Heights Branch;
Item C, underline Washington County Review; add after inclusive, "as the Review
had addressed a letter to the Council with 'Gentlemen'% ; page !:, paragraph 2
.....might get to know the present consultants.....; Item G. Renate Paulson;
Item H..... situations for proper reporting to the City Council, and is willing;
page 5, Item I, 2...... has been operating without a Chairman' one member short...;
Page 7, paragraph 1. Gaylen Springborn..... no 'longer be used for music and that
they would be directed at .....;page 9, Item C. Workers Comp Insurance. Other
corrections were punctuation.
Novak moved, seconded by Morgan, to approve the minutes of January 6, 1981, as
amended. Motion carried 5-0.
CLAIMS: Additions:
Marco Polo - Appreciation Dinner $ 420,00
Lillie Suburban Newspaper - legal publication 93.79
F. H, Rathke - lease on two oxygen cyelinders 257.00
Arrow Building Center - Mats for Park Shelter 13.26
Zignego - Insurance 109903.00
Morgan moved' seconded by Novak to approve Claims 81054 thru 810939 as amended.
Motion carried 5-0.
COUNCIL REPORTS: A. Mayor Elder - Marvin Merle, Mayor of Oakdale, would like to meet
Jointly with the Lake Elmo City Council once or twice during 19819 to discuss
mutual concerns such as parks and surface water, The Council agreed. Administrator
Whittaker will contact Mr. Merle and set the dates,
2. Re resentative Levi - Representative Levi has requested Lake Elmo to host
a joint meeting with Landfall, Oakdale, Woodbury and North St. Paul. The
Administrator will set up a meeting for February 199 1981.
3. AM - The Council discussed reactivating their membership in the organization.
Fraser moved, seconded by Eder, to reinstate membership in the Association of
Minnesota Municapalities. In discussion Morgan and Mottaz explained the reasons
\_ the City withdrew from the organization, stating the City felt the AM was not
working in the interest of cities such as Lake Elmo, bills being lobbied for weM
not in agreement with City policy and that the positions of the City were not
being considered. Motion carried 3-2. Morgan and Mottaz opposed.
Morgan 'suggested all Council members attend these meetings.
LAKE ELMO CITY COUNCIL MEETING, JANUARY 20, 1981
-2-
COUNCIL REPORTS: 4. Re iioonal Park - Mayor Eder reported on his conversation with
the County and the proposed property seller regarding additional park land
acquisition north of Eagle Point Lake. Mr. Lockyear will meet personally with
the owner to explain the appraisal and options. The Mayor said this should
alleviate some of the property owners concerns and answer his questions.
5. Lowell Reed - Deed - The Administrator requested authorization to sign
the deed trasnferring the Reed "property to the County. He reviewed the parcel
location and background for the Council.
Novak moved, seconded by Morgan, to authorize the Administrator to sign and
record the deed from Lowell Reed to Washington County$, for the following
described property: that part of the NJ of * of S* of NW4 lying to the
West of the road known as Ivy Avenue N in Section 22, Township 29, Range 21.
Motion carried 5-0.
OLINGER SURVEY -'BD SLINDF : Mr. Slinde and Bob Mogren surveyed the neighborhood after
the complaint about Carl Olinger's operation on Lake Jane Trail. This was a
personal survey of how the neighbors felt about the Olinger business.. The
two surveys included 36 homes and indicated these neighbors had no objection
to Mr, 0linger's operation, if it is kept clean and orderly. Mr. Slinde
stated it is not the neighbors who are complaining, but one individual; and
he does not think the City should require Mr. Olinger to go to unnecessary
expense and work to meet the demands of one individual.
Mayor Eder accepted the surveys and will notify Mr. Slinde when this item
is on the Agenda again.
B. Councillor Fraser - No report
C. Councillor Mottaz - 1.. Christmas Lights - The Council discussed the cost
of puutting up and taking down the Christmas lights; and, decided the cost
is prohibitive for the City. Fraser reported that the Business Association
decided to drop the project and said she felt there is no push from any
other organization to continue putting them up.
'�Mottaz moved tau moved, seconded by Morgan, to sell the Christmas .lights. In discussion
emended 2/3/ Novak requested the lights be stored for one ,year. The Council agreed.
81 Mottaz and Morgan withdrew their motion.
2. lee Rink - Mottaz asked what the City policy is regarding opening the
park shelter when the rink is in poor condition. Administrator Whittaker
reported that the school district has agreed to help flood the rink, weather
permitting; but a policy will need to be drafted on closing the shelter and
turning off the .lights if the weather is too warm or if the ice is too bad
to permit skating. He will also have the shelter workers survey the number
of skaters using the rink.
3. Building Committee - Office Remodeling - The Council reviewed the Adminis-
trator s memo of January 20 outlining the first committee meeting. The
Committee will continue to explore alternatives for the City Office.
LAKE ELMO 019..7 COUNCIL MEETING, JANUARY 209 1981
-3-
COUNCIL REPORTS- C. Councillor Morgan -
1. Landfill/Regional Park - Morgan expressed great concern about the Countyts
l proposal to use the Regional Park as a landfill; and suggested the City notify
the County that Lake Elmo opposes any part of the park being used or even
oonsidered as a landfill.
Mottaz moved, seoonded by Novak, to instruct the Administrator to prepare a
letter to the County Board and the Metro Council expressing Lake Elmots
strong opposition to landfills, and particularly in Lake Elmo. The City
presently has a covered landfill. The effect of whioh,on the groundwater
has yet to be determined. The City favors Ozer methods of waste disposal
such as oomposting rather than a landfill. Motion carried 5-0.
Morgan reoommended the City test some of the wells in the area of the Oakdale
Dump Site (along Ideal Avenue or Highway 6)9 at City expense, if necessary.
Mottaz moved, seconded by Morgan, to request•.the County to test five or six
sites (as identified by the City) as a followrup to the landfill project.
Motion carried 5-0. The cost to be paid by the County out of the Surplus
Waste Fund,
D, Councillor Novak - Police Protection in Ronal Park - Novak reported
that the County will provide police patrol for the Regional Park, starting
immediately. This will be one man for eight hours a day. Jerry Dahlberg will
discuss with the County the possibility of using a horse mounted patrol.
The plan is now to use a !I -wheel drive vehicle
( OLD BUSINESS: A. Conditional Use Permits -
1. IN Club - .Mobile Homes in Tartan Park - Tabled until February 2.
2. Ray Salus - Mobile Home - The Administrator reported Mr. Salus is
trying to buy the house and the property back. This will not be resolved
-with Ma /DOT until next summer.
Novak moved, seconded by Eder, to extend the CUP for Ray Salus for
only one more year. Discussion - The Administrator gave the background
for this permit. The Council agreed that once an agreement is reached
with the State, Mr. Salus should remove the trailer as soon as possible.
Motion carried 5-0.
3. Patti Homes - Patti Homes has requested a CUP to operate a mobile
homes sales lot. They own the property; but will not be operating
the lot. = The Attorney said this could be done; but Versatile Homes,
who i's.leasing the operation from Patti Homes, should sign the permit
when they negotiate the lease with Patti Homes. Both parties would
have to agree to the conditions set forth in the permit. The Council
instructed the Administrator to contact Patti Homes and schedule them
to appear before the Council February 2, to discuss their sit plan and
operation.
B. Park Plan - Administrator Whittaker reviewed the plan to date. .Fraser
commented that she does not feel the plan reflects the positions stated in the
goals and policies section, particularly in the area of Cimarron. She would
like the City to consider specific plans for park development in this area and
in particular for the residents of Cimarron. She proposed using some of the
monies appropriated for park development and maintenance in other areas be
used £or recreational opportunities in the Cimarron area.
LAKE ELMO CITY COUNCIL MEETING, JANUARY 20, 1981
—46
PARK PLAN: Councillor Morgan replied that the Park Commission has not acted on park
acquisition for any of the proposed developments in that area, These will
be considered when the plat development is further along. He said the
Park Commission had recently reviewed park needs for Cimarron but felt there
was adequate open space and recreation facilities available at Cimarron. The
PAC also considered Cimarron's proximity to Oakland Jr. High, which has
many facilities available. It was the opinion of the Park Commission that
there was ample recreational facilities to serve Cimarron and nothing more
was planned for Cimarron, at this time. The PAC will continue to evaluate
the needs of this area.
Fraser disagrees with the findings of the Park Commission and feels the Council
should reconsider park acquisition for this area.
Mottaz supported the PAC decision and stated there have been no complaints
from Cimarron residents about inadequate recreation in the area. Cimarron
has the same facilities as are provided in other City parks..
Fraser asked what the City plans to do in the future to meet the needs of
Cimarron. Morgan said all future developments in that area will be reviewed
and appropriate park .land will be acquired.
Fraser would like the statement "neighborhood parks have been acquired near
each developed residential area" reevaluated and discussed when the goals
and policies of khe PAC is reviewed again.
Mottaz moved, seconded by Morgan, to adopt the Park Plan, including the
( Goals and Policies section and the 5 Year Capital Plan; and, forward same to
the Metropolitan Council as pars: of the Lake Elmo Comprehensive Plan. Motion
carried 4-1. Fraser opposed.
C. Assessment Hearings — The Council. reviewed Engineer Bobrer's memo sum—
marizing the Assessment Schedule.
Fraser moved, seconded by Eder to accept the Assessment Formula for Surface
Water Improvements completed in 1980, as recommended by the City Engineer
(January 14 Memo). In discussion the Administrator explained the formula for
the Little Sunfish Project. The Administrator will also verify that the two
residents on Legion Pond who requested to be removed from the petition are
not included on that assessment roster. Motion carried 5-0,
emended Novak moved, seconded by Morgan,*tee#dsgtrR�A-aeept�rtrlshe-impxeuements
2/3/81 -end setting a public hearing on assessments for March 10, 19819 beginning at
7:30 p.m, at Lake Elmo Elementary School. Individual projects will be
Stagg e.,ed throughout the evening. Motion carried 5-0.
The Council agreed with the Engineer's recommendation that Paul Emerson should
not be assessed for the Little Sunfish Improvement, as he gave the City more
in timq equipment and service on the project than the assessment.
The Administrator reported that the cost of his personal time was less than
10916 of each project; but the total staff time would exceed 10/. The Council
agreed with the 10''/o computation.
CITY OF LAKE .ELMO CITY COUNCIL MEETING, JANUARY 209 1981
-5-
D. Liability Insurance - City Officials - Whittaker reviewed the bids for
Liability Insurance. The low bidder was Zignego Insurance for $lp065.90.
Fraser moved, seconded by Mottaz, to accept the low bid from Zignego Insurance
for #ito65.90, for Public Officials Liability Insurance. Motion carried 5-0,
CARL OLINGER: Mr. Olinger asked to be heard by the Council. Mayor Filer agreed to let
him speak. Mr. Olinger expressed his objections to the City requiring him to
screen and survey his property and .restrict his business operation. Ile feels
the cost would be prohibitive to meet all the requirements and does not intend
to comply.
BREAK: 9:00
OLD BUSINESS: E. Water Surface Use Ordinance - Administrator Whittaker suggested the
City adopt hours that would permit a wake between 12 p.m. and sunset. This
.would allow a period . of passive water use such as canoeing, sailing, etc.,
yet leave adequate hours for power boat use. The Administrator feels this
proposal would be more agreeable to the DNR.
Fraser moved, seconded by Novak, to modify Sooti.on 1511.02A of the Surface
Water Use Ordinance, to provide a period of "No Wake" "from sunset to noon
the following day. Discussion: A .resident stated he opposes any such
ordinance; and, that the DNR will not approve this type of ordinance until the
City can prove there is a need. Mayor Eder explained the City is aware of
problems on the lakes and feels guidelines and rules should be initiated
for lake use so that present and future problems and complaints can be
effectively handled.
Administrator Whittaker recommended Item E., 1511'Ol, 'Minimum Wake", be deleted,
The Council agreed.
upended Mottaz moved, seconded by Morgan, to adopt the Surface Water Use Ordinanoet*7921
ij3/II1 deleting Item E., 1511.01, "Minimum Wake" and, rewriting Item A., 15,102A,
to permit a "Wake" from 12 p.m. to Sunset. Motion carried 5-0.
F. Meeting Place for Goals Session - The Coals Session will be .held January 27,
in the City Office at 7 p.m. The Administrator's Memo of January 20 will
serve as the guideline. The Council is to submit additional discussion items
to the Administrator before the meeting.
PZC RECOMMENDATIONS:
A, Fran & Laverne Downs - Minor Subdivision - The Planning Commission recom-
mended approval of this Minor Subdivision.
*amended */Resoluti.on 81--4A, approving
2/17/81 Morgan moved, seconded by Mottaz to approve the Minor Subdivision for Fran
and Laverne Downs, described as follows: W`�- of the SW4 of NW,. of Section 15,
Motion carried 5-0.
B. Klawitter Rezoning - Highway 36 - The Administrator brought the Council up-
to-date on the recommendation of the Planning Commission. Mottaz stated this
parcel should not be rezoned nor should the Ordinance be amended to permit
this use. He feels this is a business and not in keeping with Ag use. This
would be a permanent use under a, CUP and is in direct conflict with the Comp
Plan and what the Council desired for this area. The Council agreed. Mayor
Eder said the Council wants to provide the direction for use along Highway 36
and all requests for commercial or retail use should be discouraged until the
Council brings it up for review.
LAKE FLMO CITY COUNCIL MEETING, JANUARY 209 1981
-6-
KLAWITTER REZONING: Morgan moved, seconded by Mottaz, to instruct the Administrator
to notify the Klawitters that the Council is opposed to any use,other than is
l provided in the Zoning Ordinance or Comp Plan, Motion carried 5-0,
C. PZC Training Session - The Administrator will conduct a trai.nni.ng session
for now and present Planning Commission Members on February 7, at 9000 a.m.
Several of the Council members suggested-the'Administrator pursue additional
courses and information that would be of benefit to the Planning Commission
members. The agreed the training session would be of benefit to new as well
as old members.
ADMINISTRATOR'S REPORT: A. Police for Ronal Park - Previously discussed.
B, The Council reviewed the list of fees, Mayor Fder asked
about duplication within the Building Permit fees,
Morgan mend, seconded by Mottaz, to adopt R-81-49 Fee Schedule for the City
of Lake Elmo, contingent ,on verification that there is no duplication in the
Building Permit Fees. Motion carried 5-0,
C. Licenses - Morgan moved, seconded by Mottaz, to approve the following
licenses: 3,2 beer license for Lions Fishing Contest; Hagbergs Country Market,
license to operate Outdoor Coin Operated Machine; Heating License for:
The Snelling Company, 1400 Concordia, St, Paul; and :Breheim Heating, Inc.
8415 38th Street N., Lake :Elmo; General Contractor's License for Chas Cudd Co.
Plaza 94 Center, Hudson, Wi.; end Meyer Cesspool Service, 5325 Manning Avenue S.,
Afton, Mn, The Council agreed to waive the fee for the Lion's Fishing Contest.
Motion carried 5-0.
D. Kroy Industries - The Council reviewed the letter from Architeotural Alliance
concerning this proposal. The Council briefly discussed the proposal with
Mr. Brockman (owner of the site). Surface water is the major concern. The
Administrator will ask Bob Dreher and Howard Michels, Planning Commission
members, to attend the public hearing and report back to the Council,
The Council will have the City Engineer contact the Kroy engineer about
the drainage plan then advise the Council on properly evaluating the project,
The Council expressed no objection to this type of user but will keep in con-
tact with Oakdale about the project and the surface water question,
E. Temporary Helms - Marge Meier - Mottaz moved, 'seconded by Novak, to employ
Marge Meier for one week, during Eastervacation for approximately 140 hours
at S3.35 per hour. Motion carried .5-0.
P. Correspondence - The Administrator asked the Council for additional
Park, and Ride locations. Morgan suggested County h and Ideal Avenue. The
Old Village area was also suggested, The Administrator will forward these
suggestions to Mn/DOT. The Administrator will also check the areas in the
City that are tagged for MTC service,
Metro waste Control - The Council reviewed their letter on the City's Comp
Plan; and had no comments.
LAKE ELMO CITY COUNCIL MEETING, JANUARY 209 1981
-7 -
ADMINISTRATOR'S REPORT: Battle Creek Project - The Administrator distributed the asses-
sment roster for Lake Elmo property owners. He is meeting with Denny Palmer,
Barr Engineering, to discuss these assessments and find out why Lake Elmo's
share is so high. The Council asked that he emphasize their concern over
the amount of the assessment.
Incompatible Offices Policy - Will be discussed at the Goals and Policy Session.
Cable TV/Cimarron - Administrator lkiittaker reported that the Cable Company
operating in Cimarron is going to cease operation voluntarily January 31, 1981.
201 - Lake Elmo's 201 Application has been processed by EPA. The City should
hear from them within a couple of weeks.
Demontreville Highlands - Several houses have been built over property lines
or too close to the property lines. The Administrator recommended the Council
consider a policy that would require property owners to have a Registered Land
Surveyor site and stake foundations before the Building Inspector approves
construction.
ADJOURNMENT: Mottaz moved, seconded by Morgan, to adjourn at 10:30 p.m.
Motion carried 5-0.
Added 2/3/81 ORD114ANCE 7921 = Surface Wa-cer Use, adopted
RESOLUTIONS- 81-4 - Fee Resolution
81-5 - Amended out of minutes
81-4A - Approving Minor Subdivision for Downs
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING A MINOR SUBDIVISION TO FRANCIS
DOWNS.
WHEREAS, Francis Downs has made application to the City
of Lake Elmo for Minor Subdivision on the following
described real estate, located in the City of Lake Elmo,
Washington County Minnesota, legally described as follows,
to -wit:
The South 176.00 feet of the West 330.00 feet
of the Northwest Quarter of the Northwest Quarter
(NW, of NWa) of Section Fifteen (15), Township
Twenty-nine (29) North, Range Twenty-one (21) West,
Washington County, Minnesota, containing 1.33 acres,
more or less.
Subject to a Road Easement for Jamaca Avenue over the
West 33.00 feet thereof.
WHEREAS, it appears the above -described land was not at
the time of the application separately described parcels of
record and;
WHEREAS, there does not appear to be any reason relating
to the public health, safety and welfare which would require
a denial of said subdivision for said property, and;
WHEREAS, the City Planning Commission considered the pro-
posed minor subdivision on January 12, 1981, and recommended
the approval thereof.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Lake Elmo, as follows:
1. The application of Francis Downs for a minor sub-
division is hereby granted.
2. The City Administrator is authorized to approve
the recording of warranty deeds for the minor subdivision
as described above.
ADOPTED, by the City Council, City of Lake Elmo, this
20th day of January, 1981.
ATTEST:
_4_qkA'UA'_(A ,W 41ae-z.>
Lau ence Whittaker
City Administrator
Mayna(yId L.
Eder,
Mayor
-2-
CLAIMS TO BE APPROVED AT FEBRUARY 3, 1981 COUNCIL MEETING
81108 State Bank of Lake elmo — Jan. Federal withholding
81109 State Treas.—Soc.Sec.Ret. — Soc.Sec. withheld
81110 Commissioner of Revenue— Jan. State withholding
81111 Washington National Insurance Co.
81112 Allied Group Ins. Co.
81113 Minn. Benefit Assn
81114 Laurence Whittaker — Feb.Expense
81115 Bruce Rosenau — Mileage
81116 Gerald Dahlberg — Jan. Animal Control
81117 Kathleen Crombie — Jan. planning commission sec'y
81118 Northwestern Bell — Office 100.40
Landfill 122.22 (moving phone to new bldg.)
81119 Northern States Power
81120 Givens, Inc. — Keys
81121 Rose Floral & Greenhouse — Flowers for appreciation dinner
81122 American Typewriter — Fran & Tom portfolio
81123 First National Bank — Park Bonds
81124 Leef Bros. — rags
81125 League of Minn. Cities — Directory
81126 LaFayette Co. Appraisal (bldg next door)
81127 Mollie Hedges — 1727/81 newsletter
81128 F. H. Bathke — Oxygen
81129 Minn. Fire,. Inc. — helmets & boots (fire dep't)
81130 Moulton Irrigation — Purchase of pipe
81131 Hach Chemical — Water Dept
81132 Water Products Co. (clamp for water tower)
81133 Zignego Agency — Public Officials liability policy
81134 Junker Sanitation
81135 Vern's G.T.C. Auto Parts
81136 Marcy Eischen — Meter Reader
1,552.20
1,369.60
615.50
372.82
105.62
26.4o
50.00
146.25
225.00
50.00
222.62
2,201.01
6.13
33.20
46,00
38,101.45
6.00
10.00
150.00
175.00
7.97
520.55
2,362.50
15.76
146.96
1,065.90
42.00
9.50
77.35
81-137 thru 81150 February 6th payroll 4,000.00
$ 53013.29