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HomeMy WebLinkAbout06-16-81 CCMLAKE ELMO CITY COUNCIL MEETING, JUNE 16, 1981 Mayor Eder called the meeting to order at 7:08 p.m. Councillors present: Novak, Fraser, Mottaz. Also Administrator Whittaker AGENDA: Administrator Whittaker said Reverand McNaught will attend the July 22 meeting. Additions: New Resolution on 30 mph variance for MSA Project 1; Administrators Report: Demontreville Access, Sewers on Legion Avenue and Water Storage in Regional Park. Novak moved, seconded by Mottaz, to approve the agenda,:as amended. Motion carried 4-0. CLAIMS: Novak moved, seconded by Fraser, to approve Claims 81467 thru 81506. Motion carried 4-0. LIQUOR IN CITY PARKS: The question of liquor use in City parks was raised by a request from the Tri-Lakes Association to serve beer in Pebble Park, at their annual picinc. Such use requires a permit from the City. The Administrator outlined the general rules pertaining to the use of liquor in City parks, reviewed the circumstances under which special permits are issued and asked the Council if it was interested in establishing a policy on liquor in the parks. The Council discussed consistency in policy and the responsibility of sponsoring groups to strictly control the liquor, especially with minors. They felt groups should be vouched for or known to the City; and, should supply.the City with a name(5);'of someone who is accountable should problems arise. They also discussed insurance coverage for all groups requesting a liquor permit. Fred Nazarian briefed the Council on the Tri-Lakes picnic and said he would provide a list of responsible persons. The Administrator will have future liquor permits include insurance coverage and the name(s) of ar:rssponsible person(s). He informed the Council that there is not an exterior electrical plu.g available at Pebble Park and suggested that the Association pay for setting up any special electrical hook-ups, if they are required. Eder moved, seconded by Novak, to approve a non -intoxicating malt liquor license for the Tri-Lakes Association for July 19 or July 26, incase of rain, with the following conditions: A responsible person be listed on the application A $25 clean-up deposit be made Dram Shop or other similar insurance be provided. Motion carried 3-1. Mottaz opposed. HUFF AND PUFF DAYS: The Jaycees requested that the Council proclaim August 14, 15, and 16 as Huff and Puff Days, a Community Celebration, and waive the fee for Lion''s field and permit them to use the Fire Hall for Bingo. LAKE ELMO CITY COUNCIL MEETING, JUNE 16, 1981 -2- HUFF AND PUFF: Novak moved, seconded by Fraser, to adopt R-81-42, A Resolution Relating to Huff and Puff. Days in the City of Lake Elmo, and Officially`Dee3aring Huff and Puff Days as a Community Celebration. Motion carried 4-0. A,$.251clean-up deposit will still be required and an application for the beer license needs to be made. Novak moved, seconded by Fraser, to grant a special non -intoxicating malt liquor license to the Jaycees for Huff and Puff Days and to waive the rental fee for Lions Park. Novak and Fraser withdrew the motion pending verification of the liquor license application. The Jaycees will provide the City with a schedule of events. BOARD OF REVIEW: The Council reviewed the Assessors recommendations. Fraser moved, seconded by�Npvak� to adopt the following recom- mendations and changes: eRoy DUxrrow-37034-2460 - Change classification to Ag;- GenePeltler-37130=�4`30 `=""reduce value\,�o $3,OQ0-,,Fred Ranallo 37021 Uredt�F by $2,025,','Ilelexi k3'slier-37095-3100 - reduce value by $8,900; Te(__Utitly-37444-2850 - reduce value by $13,140; B'ob Dr�eh'er-37034-33�50`- cian e Fkassification on pole building to Residential,' Georg `Ki Ewv"�i`s�ki-37014-2950 reduce value by $1,655, 37014-3000 - reduce value by W,415, and 37014-3050 - reduce value by $1,310; gjyd'e`Theits-37085-3800 - reduce value by $5,000; Ken 'Sovereign-37008-0280 - Mottaz moved, seconded by Fraser, to amend the Assessors recommendation and reduce the value by $860. Motion carried 4-0.; Mike Dirtz0737021-3250 - increase value,,by $3,450; Allen Siedel-37445-2893 - reduce value by $1,735; Loren Barber-37240-3900 - reduce value by $2,380; Bob Johnson-37135-4560-- a4ange classification to Residential retro-active one year, P1i�schumnerlin-37010-0855 - correct calculation error and reduce value by $7,500;'Glen Peterson- 37440-3000 - reduce value by $3,500; Albena Lunka-37750-3550 - reduce value by $4,250; Al-fred Zurcher-37090-2559 - reduce value by $19,4457 Art Schaefer="37_09_0_-_2_6_9- reduce value by $15,685; Francis Eder ­- reduce value by $16,525; Lloyd Shervheim 37700-2550 and 2300 - Council agreed the lots should be valuer -- as unbuildable. The Administrator will get an opinion from the Attorney and Engineer on the buildability of the lots.:o.T.his will be reconsidered in 1982. Motion carried 4-0. The record. -was corrected to show that Novak stayed until 6 p.m. and Fraser until 8:30 p.m. -for the Board of Review. CITY ATTORNEY: A. Cable TV Resolutions to Ramsey Washington Commission Amend CST The Administrator reviewed the recommendations outlined in Agenda memo. Mottaz moved, seconded by Fraser, to apply for a Cable Service Territory amendment, ask each community in the Joint Powers Agreement to agree to an amendment to the agreement which would permit Lake Elmo to become a part of their franchise authority, appeal to the Cable Commission at their July 9, 1981, meeting for their support in these efforts and approve an initial asses- sment of $1,000 for the Commission. LAKE ELMO CITY COUNCIL MEETING, JUNE 16, 1981 -3- Cable TV Resolutions - Discussion: In response to Frasers questions, t e Attorney said that legally one part of the City can be franchised; but, the City cannot contract with Alan Brakemier on a separate temporary basis. The City is required to follow the franchise procedure set forth by Statute. Whittaker explained the City's obligation to the Cable Commission during the time a service area is being considered. He also explained the exemption that provides for a system serving less than 5.0 customers. Mr. Brakemier said that if the City joins with another service area that the City loses a great deal of control of the system; and that will have an impact on the local orgination and take the individuality away from the system. Whittaker explained the current interconnections that Lake Elmo has with s:zrrounding communities and how the voting process works. Motion carried 3-1. Novak opposed. Novak based her vote on the fact that the majority of students in Lake Elmo are not in the school district of the territory being requested. B. Tow Away Zones - The Attorney said the City can post tow away zones provi ed the signs meet the standards set forth in the State Sign Manual. He saw no problems in initiating tow away zones, provided the reason relates to a public purpose such as traffic safety, parking, etc. The Statute provides for local concern and control. Signs on State Aid street need to be approved by the Commissioner of Public Safety. r Mottaz asked about who would tow and where the cars would be impounded; also, the City's legal liability for damage during and/or storage of a towed car. The Attorney will check the City's liability and check with.the_- Sheriff.cn-the County's experiences with vehicle liability, once a vehicle is towed. The Mayor recommended that the Administrator and Attorney draft an ordinance and talk to the Sheriffs department on liability insurance and who they contract with for towing. Signs will be ordered after the liability question is satisified. C. Civil Defense Director - The Attorney reviewed the statutory requirements for a Civil Defense Director; and, outlined the parameters of the director's duties and the authority of the Council over the director. Authority of the Director is delegated through the Civil Defense Plan. A draft plan, prepared by Renate Paulson, was.distributed to the Council for their review. Administrator Whittaker recommended clarifing the duties and responsibilities of the Director in the City Ordinance during discussion of the plan; and, seeking a Director who can work with the Maintenance Department and Fire Department, during an emergency and who understands their operations, This to be addressed when considering a new Civil Defense Director. Renate Paulson will present the plan July 7. LAKE ELMO CITY COUNCIL MEETING, JUNE 16, 1981 ENGINEER'S REPORT: A. MSA.Assessment Alternatives The Council -reviewed the Engineer`§ letter of June 11, outlining the streets he felt would need to be reconstructed within the next 10 years. The Administrator suggested that something more than just MSA ineligible costs should be assessed for the 1981 improvements. He feels that the entire maintenance allotment should not be committed for construction as it will be heeded to maintain the State Aid roads. He did not feel the City could levy for additional maintenance costs. -k, The Council discussed the philosophy of keeping the maintenance funds for maintenance or using them for new construction. They also discussed assessment formulas and City policy to upgrade gravel roads. Whittaker suggested a per driveway assessment for all MSA projects, computing the number of driveways according to present and projected land use for all MSA projects anticipated over 10 years. Fraser moved, seconded by Mottaz, to use the future driveway assessment approach as a proposed assessment method for the public MSA hearing. Motion carried 4-0. Mottaz moved, seconded by Fraser, to calculate the driveway charge by adding all MSA ineligible costs plus 10% of the MSA eligible costs for the entire 10 year program. The rate of assessment is to be determined by dividing the costs to be assessed by the total number of future driveways. Maintenance funds will not be used for construction. Motion carried 3-0-1. Novak abstained. Herb Crocker, resident on Keats Avenue, commented on the traffic along Keats and questioned the need to upgrade Keats Avenue. B. Kxoy Industries - The Administrator had not received the information -from Oakdale regarding action that City has taken regarding Kroy Industires. C. 3Q MPH Curve Variance for MSA Project 1 - The Engineer reported that the District 9 State Aid Engineer had returned the Resolution, for the 30 MPH Curve Variance, and asked that the reasons for the request be expanded. He recommended that the Council adopt a new resolution that would provide more background information. A new resolution was presented for Council review. Mottaz moved, seconded by Novak, to repeal R-81-32 and adopt R-81-43, a Resolution further expanding on Lake Elmo's request for a variance for construction of 30 MPH corners on 45th St. Juelp, and 47th St. A plan of the project to be submitted with the variance request. Motion carried 4-0. ( D. Sludge and Ash Disposal Site - The Council discussed their opposition -to locating -a.landfill and/or sludge disposal site within Lake Elmo. The City will continue to stress this to the Met Council; however, Mottaz cautioned the Council that Lake Elmo may be put in a position to choose between a landfill or sludge site. LAKE ELMO CITY COUNCIL MEETING, JUNE 16, 1981 -5- Sludge Site - Mottaz urged the Council to make some decisions Before e a site is designated, as to which option would be less ( detrimental to the community. He explained why he felt a sludge and ash site would be a preferred option. He also stressed..the absolute necessity that County 13 remain in operation and not be closed because of a landfill site. Mottaz urged working with area legislators to promote compensation from the State for communities that have to receive metropolitan wastes, not gen- erated by the recipient community. The Council instructed the Engineer and the Administrator to prepare a response to the Met Council addressing the. reasons why Lake Elmo is unsuitable for any type of disposal site. A copy of the letter will be sent to the Council for review and include the letter sent to the City from Harvey Allen. BREAK: 10:10 to 10:20 1006 ALTERNATES: Eder reported that the VBWD expects to exceed the Preliminary Fund for Project 1006. They are requesting Lake Elmo increase their commitment to the fund by $2,000. The City would then be liable for $8,000 if Project 1006 is not ordered. Mottaz moved, seconded by Fraser, to authorize an increase of $2,000 in the City commitment to the 1006 Preliminary Fund. Motion carried 4-0. CONSERVENCY REGULATION: Mottaz moved, seconded by Eder, to adopt Ordinance 7927, amending the Zoning Ordinance by adding Section 305 - Restrictive Soil's Overlay District and Section 306 - Wetland Protection and Preservation Overlay District. Discussion: Eder encouraged the Zoning Administrator to include field work as a part of enforcing the regulation; Motion carried 4-0. OFFICE PLANS: A. Lions Park -- The Council reviewed the Administrator's memo on the uBilding Committee recommendation to use Lions Park for the City Office. Discussion included changes within the various parks and reorienting their use. Novak strongly opposed using Lions Park for:.the office site stating it is historically an area of recreation in the Old Village; and is one of the worst drainage areas in the City. Mottaz moved, seconded by Fraser, to table further discussion until all the Council members are present. Motion carried 4-0. B. Lions Park Tennis Courts - Whittaker advised the Council that, since Lions Park is being considered as an alternate office site, a decision has to be made on resurfacing the tennis courts. The contractor will only hold his bid until June 17. Mottaz did not favor resurfacing the courts without correcting the cause of the problem. Novak agreed. Eder moved, seconded by Mottaz, to rescind the previous motion to accept the bid from T. A. Schifsky, to resurface the tennis courts in Lions Park, and reject all bids. Motion carried 4-0. LAKE ELMO CITY COUNCIL MEETING, JUNE 16, 1981 -6- PERSONNEL COMMITTEE REPORT: A. Advertisameriti Maintenance Foreman/Superintendent - Fraser explained udie Sob title, job aescript on and pay range. She invited interested Council members to participate in the preliminary screening and interviewing process. General review Amended of job descri do w 1ll be co siderQd,durin y dq t prep ration.*The 7/7/81 Salary range pestaslisied for tie position wads 59;00 to �23 500 The 'committee exye8ts a ood candidate can be hire for 20 0 0 fo $�0,500. B. Personne ommrt ee Meeting - The next PersonnelCommittee meeting will be June 8, at 2 p.m. ADMINISTRATOR'S REPORT: A. Audit - The Council expressed no specific concerns about the audit. The Administrator will check the sick pay reference and the budget comparisons. Fraser moved, seconded by Eder, to accept the 1981 City Audit. Motion carried 4-0. B. Computer Grant IISAC - Whittaker explained the IISAC grant application and t at the City can benefit from $25,000 in IISAC funds to develop Software for fund accounting by matchingthe.,.... IISAC grant with $500 of City money. Fraser moved, seconded by Eder, to appropriate $500 to match the IISAC grant money to secure data processing. Discussion: Whittaker said the 1981 budget provided $350 per month for data processing, that has not been used. Approximately $3,609 is available. Motion carried 4-0. C. Retirement Considerations - Richert & Hedges - The Administrator sugges e t e Council form a committee o wor on the details for the retirement of Molly Hedges and Elmer Richert. D. Liquor in Pebble Park - Handled earlier in meeting. E. Water Surface Use - Notice to Riparian Owners - The Council decided to distribute the Water Surface Use Ordinance through the City Newsletter in the Shopper. F. Administrator's Withdrawl -_OPERA - The Administrator reviewed hi d cision to withdraw from PERA and asked the City to defer his pension entitlement to the ICMA Retirement Fund. Fraser moved, seconded by Novak, to adopt R-81-44, a Resolution Approving Election of Laurence E. Whittaker to be excluded from Public Employees Retirement Association. Motion carried 4-0. Fraser moved, seconded by Novak, to adopt R-81-45, A Resolution Authorizing Agreement With the City Adminiscrator relating to Deferred Compensation. Motion carried 4-0. Motion carried 4-0. G. Planning Grants - Whittaker explained the new guidelines set by the Met Council for distribution of 1981-82 Planning Assistance Grants. Mottaz moved, seconded by Fraser, to adopt g-81-46, A Resolution Superceeding R-80-52, and Requesting 1980-81, Local Planning Assistance Entitlement Grant Funds from the Metropolitan Council. Motion carried 4-0. LAKE ELMO CITY COUNCIL MEETING, JUNE 16, 1981 -7- H. Licenses - Mottaz moved, seconded by Novak, to approve the following licenses: Green Acres Recreation (beer license) for St. John;s Masonic Lodge, Stillwater, June 20, Noon to 5 p.m. Contractors License for Olympia Construction Co., 2709 79th Ave Brooklyn Park Sewer Installers License for Road Runner Underground Utility Service 250 Bruening Ct. No. St. Paul Motion carried 4-0. I. Demontreville Access _ Whittaker advised the Council on Mr. Ku ec eck"will keep the option for DNR purchase open until July 15. Mr. Kubecheck would agree to sell one lot to the DNR if either the City or DNR would pay him a fixed amount for damages between $15,OOOand $18,000 on the other lots. If the DNR bought two lots and agreed to their previous terms, he would sell both lots provided he could be compensated between $12,000 and $15,000 in damages. This is based on accepting the appraisal offered by the DNR. Eder recommended that the City press the DNR to purchase the property. This will be put on the July 7 agenda. J. Sewers.on Legion Avenue - Deferred K. Water Storage - Regional Park - Deferred ADJOURNMENT: Mottaz moved, seconded by Eder to adjourn at 11:15 p.m. Motion carried 4-0. RESOLUTIONS: 81--42 - Huff and Puff Days 81-43 - MSA 30 MPH Curve Variance, Superceeding 81-32 81-44 - Administrator Withdrawl from PERA 81-45 - Deferred Compensation for Administrator to ICMA 81,46 - Planning Grants ORDINANCE 7927 Conservency Regulation R-81-4.3 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING A VARIANCE FROM 30 MPH DESIGN SPEED ON 45TH STREET, JULEP AVENUE, AND 47TH STREET; AND REPEALING RESOLUTION 81-32 WHEREAS, the City of Lake Elmo, Minnesota, has submitted to the Commissioner of Transportation the plans and specifications for the 1980 Street Improvements,S.A.P 206-104-01, dated July 11, 1980, and WHEREAS, state aid funds will be expended on the improvement of said property, and WHEREAS, The City desires to improve these streets to eliminate the cost of gravel maintenance and generally improve the efficiency of the transportation system, and WHEREAS, a Variance from 14 MCAR,, 51.5032 Rules for State Aid Operations under Minnesota Statutes, Chapters 161 and 162 (1978, as amended) Paragraph H.I. a., "Rural Undivided Geometric Standards" is requested for S.A.P. 206- 104-01, 4.5th Street, Julep Avenue and 47th Street from Jane Road North to Keats Avenue, for construction of the curved portions of the street ata design speed of 30 mph where 40 mph is required. A. The reasons for the request are as follows: 1. To utilize as much of the existing right- of-way and roadbed as possible. 2. To minimize the amount of right -of --way acquisition. 3. To keep prime agricultural land in production which would otherwise be taken for additional right-of-way, in accordance with Lake Elmo Comprehensive Plan and Metro Council agri- cultural preservation policies. 4. To address concerns of adjacent farm owners expressed at public hearings regarding the movement of agricultural machinery on the road and its interaction with higher speed vehicular traffic. 5. To avoid costs associated with additional right-of-way acquisition and plan changes, The economic, social, safety and environmental impacts which may result from the requested variance are as follows: The economic impact of granting the variance is that the City would replace a high mainten- ance gravel road with a low maintenance bitum- inous surfaced road. By ,granting the variance the City would also avoid'eondemning an addi- tional 2+ acres of right -of --way and severing two parcels. 2. The social impact of granting the variance is that based upon public meetings it appears that the City would be able to obtain the 0.70 acres required for a 30 mph design without con- demnation where a 40 mph design would require condemnation and severing the two parcels. 3. There will be no adverse safety or environ- mental impacts by granting the variance. The road presently consists of a continuous gravel road with two right angle curves. It is planned to erect advisory speed signs on the 30 mph curve if the variance is granted. C. The proposed project will. eliminate an existing and proposed deficiency in the transportation system. If the variance is granted, the street will become an easily and economically maintained bituminous surfaced street. If the variance is not granted it is doubtful whether any improve- ment will be ordered. The street will remain gravel surfaced and deficient..in cross-section and design for some time. D. The effect on adjacent lands will be negligible if the variance is granted. if the variance is not granted, 40 mph design curves will take additional prime agricultural land out of production in con- flict with Lake Elmo Comprehensive Plan and Metro Council policy. The 40 mph curves may also sever two parcels. As soon as the Lake Elmo Comprehen- sive Plan is approved by the Metropolitan Council, two adjacent property owners will place their land in Agricultural Preserve. E. The project affects six property owners. F. The safety considerations that apply to the project concern negotiating the requested 30 mph curves by the motoring public. The existing gravel road and its continuation to the east are presently not speed zoned. The speed is limited by the very nature of the gravel surface. The road segment immediately west of the project area is bituminous surfaced and zoned for 35 mph. The City of LakeElmo does not believe the motoring public will exceed 30 mph on this segment, and WHEREAS, Resolution 81.-32 requesting this same is redundant, NOW, THEREFORE, BE IT RESOLVED, That the Commissioner of Transportation be and is hereby requested to approve the variance for the construction of said streets at a design speed of 30 mph and authorize state aid funds to participate in said improvements, and that Resolution 81-32 is repl.ealed. Approved this the 16th day of June, 1981, by the City Council, City of Lake Elmo, Washington County, Minnesota SIGNED: a yna& Q �_ (ii a r_r / MaynL. Eder, Mayor ATTEST: c L- 4 c t k Laurence E. Whittaker City Administrator STATE OF MINNESOTA ) COUNTY OF WASHINGTON) ss CITY OF LAKE ELMO ) I hereby certify that I have examined the foregoing copy of Resolution R-81-43 with the original thereof in the files and records of my office and I find said copy to be true, correct and complete. Dated: Laurence —, itta er City Administrator (seal) R81-42 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MIN9ES-GTA A RESOLUTION RELATING TO HUFF 'N' PUFF DAYS IN THE CITY OF LAKE ELMO WHEREAS, Huff 'n' Puff 1980 was shown to be a fun way to raise money for park equipment; and WHEREAS, several local issues have gotten us warmed up for huffing and puffing; and WHEREAS, many more citizens are taking up sport activities; and, WHEREAS, community spirit and health can benefit along, with our parks; and THEREFORE, BE IT RESOLVED, that Huff 'n' Puff Days, August 14 to 16, 1981, be and hereby is officially designated a civic celebration in the City of Lake Elmo. ADOPTED by the City Council this 16 day of June, 1981, ,P E ier.�eJ Mayna: L. L, Eim, Mayoror ATTEST: Laurence 77W-Tail to eTc r -- City Administrator