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HomeMy WebLinkAbout12-01-81 CCMLAKE ELMO CITY COUNCIL MEETING, DECEMBER 1, 1981 In the absence of the Mayor and Acting Mayor, Administrator Whittaker called the meeting to order at 5:30 p.m. 0,JUNCILLORS PRESENT: Novak, Mottazi.Fraser.. Also, Administrator Whittaker. Mayor Eder arrived at 6.15, kmended Councillor Morgan arrived at 8:00. .2/15/81 *M/S/P Fraser/Mottaz to appoint Councillor Novak temporary Chairman. 1. AGENDA: M/S/P Fraser/Mottaz to approve the agenda with the addition of item 9 D. Lemire Sewer and 11. E. Anouncements. 2. MINUTES: M/S/P Fraser/Mottaz to approve the minutes of November 17, as written. 3. CLAIMS: M/S/P Eraser/Mottaz to approve Claims 81961 thru 81996 including $99.56 - Spartan Specialties $8,260.67 - State Aid Relief Transfer to Firemen's Relief.. Assoc. $5,300 - 23 checks - Fire Department Payroll 4. CAPITOL CITY MUTUAL AID AGREEMENT - BRUCE KUETTNER: Fire Chief Kuettner reviewed the revised Mutual Aid Agreement and explained how the mutual aid agreement works. He requested the Council to authorize the Mayor and City Administrator to to sign the 1982 Mutual Aid Agreement. M/S/P Fraser/Mottaz to authorize the Mayor and City Administrator to sign the reciprocal fire service agreement with Capital City Mutual Aid Association. Chief Kuettner will give the Fire Department's annual report and introduce the newly elected officers at the December 15 Council meeting. 5. REVIEW OFFICE PLANS: Janet Goltz Ms. Goltz presented the cost summary,.interior layout.and .furniture recommendations for the new City Off.ice,and Council Chambers. miscussion included enlarging„the size of the Council table; a microphone system for the Council table; valance cover for the map and screen roll --up; picture frame moldings;.and.an_area designated for location and zoning maps.. The Council further discussed furniture layout,.lwttll covering, lighting and space designation. M/S/P Fraser and Mottaz to accept the plan, as presented, with the exception of the Council table size; and, authorize the Mayor and City Administrator to sign the agreement with Siegfried to finish the structural interior work and obtain quotes on the proposed new furnishings. Motion carried 4-0. Mayor Eder arrived at 6:15 p.in. DINNER BREAK: 7:05 White Hat Restaurant Mayor Eder reconvened the meeting at 8:10 p.m. CITY COUNCIL MEETING, DECEMBER 1, 1981 -2- 6.. .PUBLIC INQUIRIES: A. Fran Pott - Minor Subdivision Appeal - Mr. Pott presented his proposal to add another car stall to his present garage - no variance is required. He is in the process of acquiring a 1/2A parcel to the south/east This will make his lot lA . This will leave 3A of prdperty with the parcel to the south/west. Mr. Pott would like to pour the footings for the garage before the weather gets too had, therefore, he requested the Council waive the requirement that the proposal go before the Planning Commission for recommendation, (the Planning Commission meets December 14), and approve the Minor -Subdivision because of the time element, --Fraser - would not want to act on this before it went through the Planning Commission. Feels since this is the procedure and the Commission has been asked to take the time and respon- sibility to review minor subdivisions, could not take any action until the Commission has had the opportunity to review it. --Morgan - cannot see anything controversial with the request - looks like an improvement to the use of the land in the area. Favors giving approval of the Minor Subdivision contingent on the Planning Commission';s review. M,/S/ Mofgan/Mottaz to approve the ,Minor Subdivision for Fran Pott contingent on the approval of the Planning Commission. Discussion -- Mottaz asked if the 1/2 acre parcel would be combined with the existing 1/2 acre lot. --Pott - plans to combine the two parcels with one description for tax purposes. Intention is to eliminate the new parcel as a buildable or potentially buildable parcel, This will make the whole corner of Lot 5 one parcel --Mottaz - requested the Planning Commission be notified as to why this proposal was considered out of sequence by the Council citing the time element and the fact there is nothing special or controversial about the request. Mx. Pott was given temporary authorization.,to put.thelfootings of the garage in; buts a new survey describing the combined. lots will be required before a building permit can be issued. This will give._ the Planning Commission an opportunity to review the survey and the proposal before construction of the addition is started. Motion carried 3-1. Fraser opposed. There were no additional public inquiries. 7, CONDITIONAL USE PERMIT REVIEW - Duane Grace: Acting Building Official Grace reported that he had reviewed and viewed the permits. He indicated. that there is a lack of information in file on the conditions for the permits; and recommended that all CUP's include the provision that any violation of the permit is grounds for revocation of the permit. Vali-Hi Drive In, Salus Mobil Home, Lauseng Stone, Hanson Horse Trailers, and Cimarron Golf_ Course w•;ere deferred until the December 15 Council meeting. CITY COUNCIL MEETING, DECEMBER 1, 1981 -3- CONDITIONAL USE PERMITS: Mr. Grace indicated that Lauseng Stone does not have a site plan on file, and that their landscape plan has not been completed, This will be reviewed December 15. Cimarron Golf Course - Whittaker related his conversation with Don Moe, Treasurer of the Homeowners Association at Cimarron, concerning complaints about damage to personal property of residents around the golf course. The residents have had no cooperation from Cimarron in recovering these damages; and feel this should be handled through their CUP, by requiring the park owners to carry insurance to cover damages. --Mottaz - would prefer to have the park owners come in and explain their position and have them show intent of carrying insurance or explain why they can't, --Moe - reaffirmed Whittaker's comments and wants the Council aware there is a list of complaints from the residents and that the management has been unresponsive to their financial responsibility for damages incurred from the golf course agreed with Councillor Mottaz's suggestion. He also que the early hour, 5 a.m., that the course is mowed. Whittaker will notify Cimarron and place this on the De agenda. M/S/P Eder/Mottaz to approve including the provision that revocation of the permit: Lehman Mushroom 11490 Hudson Blvd, Kolcinski Kennel 11514 Stillwater Blvd. Fisher Kennel 8139 38th Street Breheim Kennel 8415 38th St, Animal Inn 8633 34th St. Oakwood Animal Hospital 8411 34th St. the following Conditional violation of the CUP is Bergmann Greenhouse 5833 Lake Elmo Avenue John Dill Mobil Dome 11455 20th St. N. ClreAn Acres Rea 8989 55th St. Use PE grounds its for �ilelmcgrer U holstery 1.0899 32nO Ptreet 3 month extension of present permit will then relocate the business in the business zone on Lake Elmo Ave. The Council agreed to cancel the permit for Patti Homes, since there has been no business on the site during the past year; and the permit for Tartan Meadows Development Sign - the sign is not up. Patti. Homes and Tartan .'.4eadows were sent a letter of intent to reapply, to date, no response has been received, CITY COUNCIL MEETING, DECEMBER lg 1981 8, HAMMES PERMIT TO MOVE BUILDINGS AND MINING PERMIT: Dorothy Lyons and Bill Hammes -were present to report on the status of the two houses that -were to'be moved by. November 1. Both homes are still on the Hammes property, Mr. Hammes said he has a party interested _in .one of the houses and intends to keep the rambler and fix it up, He plans to place the structure on a 1 1/2 A parcel of his fathers. --Whittaker -- the property in this area is zoned RR which requires a 10 acre minimum lot size,.unless the property is platted for cluster development which permits 7 lots per 40 acres. No application has been made to move the house to another parcel or to subdivide the property. --Lyons - the potential buyer for the other house has to find out his communities regulations on moving in a house, --Eder - asked Mr. Hammes to tell the Council what `.he needs to do or what he needs to have so the Council can respond. Presently the, two buildings are beyond the t.Me limit required by the City, --Hammes - requestsanother 6 month extension. Wants to keep the rambler, fix it up, and put it on a foundation, --Whittaker responded to Frasers question about three other buildings that should be on permanent foundations.. --Hammes - there are two houses and three garages or storage buildings. One of the garages is on a foundation - is working on another one. Intends to permanently place the three garages (storage sheds) on the property, These will replace buildings that are being torn down, --Eder - 6 month extension may cause problems because of the road limits in the spring - may have to complete the work in four months. Asked what the plans were in locating the rambler on the property -will there be a decision shortly as to where it will be located and what needs to be done, --Lyons - talked to the Administrator and thought would start by talking with the Council and see what can be worked out to keep it on the farm property. Wants to keep it close by in order to do the remodeling work. --Eder - have to be careful not to keep postponing ar:d not acting because the City isn't forcing you to act. - Have to make some kind of effort to decide where to place.the• building and verify that -.it meets the requirements,then can decide what the next step is, either proceed in the present location or do something elsewhere. --Mottaz - Atthis l 1/2 years. World consider only extending the permit three months with consideration of an additional three months.only after positive evidence that something was happening after the initial three month extension, --Novak - If cannot come up with a .location for the rambler within three months, does not feel any additional extension would benefit-and,/or resolve the question, M/S,/P Mottaz/Morgan to extend the moving permit for Wm. Hammes for three months, at which time the Council will review what progress has been made then consider an additional three month extension. The additional three montr,.extension will be considered if- a buildincr site is secured' or, is -in the,-;prace,�s- of- -being secured via platting or subdivision,. The additional extension will be considered for moving the house not acquiring the building site. The Mining Permit will be considered when a renewal application is received, CITY COUNCIL MEETING, DECEMBER 1, 1981 -5- 9, ENGINEER'S REPORT: A. Kaiser Road Plan - Tom Mohr, builder., was present representing Mr, Kaiser,-� Engineer Bohrer reviewed his recommendations on the road plan.. Whittaker discussed these recommendations with the Engineer and agreed with his recommendations. He also discussed the pity 's financing position on road improvements with Mr. Kaiser and recommended to Mr. Kaiser that he proceed with a private road that he would build himself. Mr. Mohr indicated that Mr. Kaiser agreed to this. The Council discussed the road ali.Qnment, easement to the Friedrich property and the "T" turn around. --Bohrer - Mr. Kaiser has been advised that if these standards are acceptable to the City that he should commission an engineer to develop _plans and specification for the road and then enter into a Developer's Agreement with the City. A Building Permit can be issued once this is completed. An occupancy permit cannot be issued until the road is completed. --Mohr - this is acceptable to Mr. Kaiser, too. An engineer has` been hiked and the bids let on the road. 'Would .like to get a BU:Ldirrq-Permit- for tlTe^'}iouse before the,next_.council meeting -if everything can be taken care of. --Bohrer - the final plan should show the driveway coming off the "T" at the east end of the private road easement. --Novak - questioned the problems with traffic congestion, on a 24' wide road, when additional homes are built. Serious problem with emergencies, especially in the winter. --Whittaker - if the property were subdivided in the future, could require the road be up -graded to the 32' standard. There is adequate r•-o-w. Novak would like this included in the agreement. --Eder - Based on Council discussion Eder asked if;,the Council prefers a public or a.private road, -._Mottaz - thinks it should be a private road provided we are assured that,th:ere will be problems with "T" turn around handling' emergency equipment especially in the winter when a private individual is responsible for snow removal, --Bohrer - the "T" would be able to handle any vehicle except the snorkel,. The snorkel would have problems with a cul-de-sac, too. --Whittaker - recommended the road be priivate with public r-o-w dedication, - Mottaz - include a provision that there can be no build up of snow in the "T" area, M/S/P Morgan/Mottaz adopting-R-81-74, at priv2-te road a.areement on dedicated public right-of-way for Joe Kaiser, per the Engineer's recommendation, November 30, 1981, and including the following provisions added to the private road agreement: 1. If the property is further subdivided the road will have to be up -graded to the 32' City standard; 2. The "T" turn -around area to be kept clear of snow and other obstacles or debris at all times. Procedure requirements for Mr. Kaiser are outlined in the Engineer's November 30, 1981,letter, CITY COUNCIL MEETING, DECEMBER 1, 1981 9, ENGINEER'S REPORT: B. Mn/PCA Grant Offer for 201-Study/Resolutions Engineer Bohrer reported that the City has received the State's offer of 15% for the 201 Study, and recommended adopting a resolution accepting the grant offer and request a budget period extension to the MPCA, as the Citv''s facilities plan will not be completed until March. The MPCA has been notified of this situation and they have indicated that an extension of this budget time will be granted, M/S/P Mottaz/Morgan adopting R-81-75, accepting the State;'s offer for the 201 Study grant and requesting the MPCA to grant a budget period extension to the City, C. MSA Variance - Bohrer up -dated the Council on the status of the variance, The State Aid Division has received the City's resubmittal of the variance petition and the cover letter, The Commissioner of Transportation will respond to the City's letter after conferring with his legal staff; no response had been received to date, D. ,Bids for Lemire Sewer -.50th St, - Lanes D'emontreville. Bohrer reported hat tEree bids were _.received from local~_ installers, He recommended accepting the low bid from Lowell Vanderhoff with a base bid of $1800, the bid with a new septic tank-$2400. Bids provided for complete installation, including a sewage lift pump and.. an electrical allowance to up -grade the wiring. The,electrioal."allowance may vary depending on the code requirements. An assessment hearing will be held when all the work is complete to fix the amount that will be assessed to Mr, Lemire. --Eder - will vote no - not in disagreement that the work needs to be done; but, does not think it should be a public expenditure. M/S/ Morgan/Mottaz adept —a accepting the low bid of Lowell Vanderhoff to construct the sewer system for Jerry Lemire, 8051 50th St.; ordering the construction of said sewer system; and initiating a special assessment against the property to recover the actual os of construct' n. Motion carried 4-1. Eder opposed.h(, �c�� BREAK. 10. OLD BUSINESS: A. l,andfill,,in Regional Park Reserve - Whittaker re'portedon�the meeting'Tie_and Councillor Mottaz attended where the County Board recommended that the Regional Park Reserve be designated as a landfill site, He presented a map, prepared by the County, indicating the, only, three sites they determined suitable for a landfill. Two of the sites are County owned parcels. He reviewed the County's rational for selecting the; site, The City's next step is to appeal to the Met Council,_ CITY COUNCIL MEETING, DECEMBER 1, 1981 -7 - Landfill - WTiit-"ta r recommended: that; 1, the City Engineer examine the County's map and the information provided by the County to determine that these are the only places in Washington County that are suitable for a landfill. 2, the City Attorney examine the law and regulations with respect to the requirement that a landfill be 1,000 ft from a regional park, and, whether the County can ignore covenants and contracts entered into at the time of purchase. 3, make an appeal to the Metropolitan Council. 4, determine why the Colby Lake area in Woodbury was not considered and submitted for review by the PCA as intrinsically suitable and recommend that the Met Council require it. The Council aq.reed'with Whittaker's recommendations, M/S/P Mottaz/Morgan to appropriate up to $1,000 to study the legal and engineering questions related to the Regional Park Landfill Site. B. -Oakdale Gun Club - WhitLaK_er referred the Council to his memo of November 25, 1981, "Concerns about And standards for target ranges, Oakdale Gun Club", and a letter from Jack Reece, President Oakdale Gun Club, Nov. 25. The issues.before the Council are the present conditions on the Club before renewing -their -CUP; and reconsideration of improvements to the gun club based on the noise report,- the information provided in Mr WReece's letter, -w d the recommendations -of the County Planning Department and the National Rifle Association regarding safety of the club and design of the range. Whittaker recommended that the Council__give.the Cluban opportunity to answer_que.stions and present, their position, then, form a committee to determine if there are -adequate standards for safety and noise control on gun ranges then, at the December 15 meeting issue a temporary permit for the gun club to operate for three months until the City determines it has an adequate standard and if the present range and the improvements to the range meet these standards. —Fraser - troubled by phrase 'improvement to the range'. Not willing to ,te.consider:::.the_action the Council tookc.in.:. terms of denying an expansion request. --Jack Reece - confusion - here only to discuss current use permit for the property - nothing else. Open to questions from the Council. Addressed the five areas of concern,outlined by Mr. Whittaker,in his Nov. 25 letter. -Eder - reviewed the oriai:nal permit development for the Club, based on book of standards from the NRA. These standards were not up -dated over the years. Would like to see a current application of current regulations to the present Club use. --Reece - outlined the safety changes that have been initiated. --Eder - would like the current file up -dated with drawings showing the layout of the ranges, then take current information that can be applied and evaluated. Get a new or up -dated copy of the 1964 National Rifle Association Manual. Need a document indicating Range Officers qualifications, CITY COUNCIL MEETING, DECEMBER 1, 1981 am ©'akdale�,Ari 'Club �=Reece,"'quoted from the original resolution of the Club, pg 2, 1965, concerning who may act as a range supervisor, The Club is following this provision. -Eder - reason for concern is the increased membership, --Reece - explained how new members are indoctrinated and prepared to serve as range supervisor, --Novak - asked about the Club providing the City with a list of Club officers, --Reece oversight on the.part of the Club. No one asked, --Novak City would like to know who the responsible person(s) would be at any given time, --Reece reluctant to furnish a membership list, as it becomes public record =:,want, -to protect their members from theft, -,Whittaker - secure information is not available to the public, M/S/ Mottaz/Novak to approve a three month extension of the present Conditional Use Permit for the Oakdale Gun Club and undertake the process to develop firm standards on,noise, safety, sanitation, parking, traffic control, etc, and review the City's present Ordinance on gun clubs, And, in conjunction with the review process have the City, Council tour the present facility, Discussion - -,Reece - this 3 month extension leaves the Club in limbo after 90 days, Want to spend some money on the range starting in the spring the 90 days will expire in February._ The Club will not know until February or March whether the Club can continue or even exist. Not fair to the people who have to plan and try to manage the facility, --Mottaz - first obligation to fairness is to the City and the residents of Lake Elmo. Nothing implied in the motion that will deprive the Club of its permit to operate the gun club. Thinks it is necessary to have a clearer and firm understanding of what the City should expect from the Club and what the Club.can expect from the City. Nothing out of the ordinary or any hardship placed on anyone for the City to go through this process. --Reece - asked that the concerns and recommendations be addressed, -Mottaz - wants the Council to review the existing Ordinance as it relates to Lake Elmo 1981,82 and not East Oakdale Township 1965, --Whittaker - present regulations are straight forward in terms of parking, sanitation - more difficult part will be working out a standard for heights of berms, etc. Intent with PCA was to confirm the standard that was applied to the range by the clubs engineer. --Reece - PCA is forbidden by State law to become involved in gun club sound control studies, --Whittaker - then�it would have to be an independent expert who could evaluate noise standards, --Mottaz presently have approved or are considering some plats that will bring added population& the regional park - things nat thought of in 1965 " it would behoove the Council to go over this whole thing in light of these additions to the City. CITY COUNCIL MEETING, DECEMBER 1, 1981 -9- -Eder - the City has to have rules and regulations for safety written down and on file, Not questioning the safety of the Club - as a City has(: an obligation to upgrade information; Mottaz - has the feeling that the Club feels the City is trying to do away with the Gun Club. Not his intention. Wants to bring everything up-to-date to conditions as they are now. Ultimately have to realize that the time might n oonke where the City will have to say we cannot have a gun club here anymore.. Does not see that .for awhile - this is not what is intended. The City has to have better standards and there has to be a closer relationship between the Club and the City. "-Reece - one further concern - everybody in the organization is a volunteer, no professional staff, pay no one, would appreciate if the lines of communication be kept open better than have been done in the past, --Fraser - commented on noise., -Personally has no objection to-heaw'ing clot of shooting on a few weekends a -year; but objects to early morning to late evening day after day. The Administrator will compile the information for Council and Club review and discussion. -Harvey Allen, 2491 Lake Elmo Avenue - feels the three month extension is somewhat unorthodox. Does not think CUP applicants are put under this type of strain, Thinks can take all the concerns and address every issue at your earliest convenience, unless there is some basis not heard, cannot understand why it should not go ahead. Not sure can answer all the concerns in 90 days. Sees a real harm to'these people. These people have done nothing that warrants turning down a permit. Wants the Council to understand they are doing something for alot of people and would recommend that the motion be not passed, that you issue the permit, and go ahead with allyour concerns. Do think what you are imposing with the three month plan is not typical for a Special Use Permit. Has this ever occured with any other special use in the village! --Eder - yes this has happened before, more than once, to pxisting permits. Three last year. Does not see any difference whether it is March 31 or the one that now expires December 31. It is no more threatening and does not feel anything communicated here is threatening. Want to bring everything up-to-date and address the issues discussed. --Allen - you are aware of the tremendous concern of alot of people over this. They are seeing this as a threatening issue. Does not think it is necessary. A yearly permit is not a long period of time. Everyone acknowledges that there is probably nothing wrong down there - you can look it over,you have a year. Thinks it is an undue restraint down there - what have they done to warrant it. Motion carried 4-1. Morgan opposed,a Morgan stated he feels the gun club has been responsible and thinks we should give them the year and go ahead and do the things we said we were going to do in the 90 days. CITY COUNCIJp MEETING, DECEMBER 1, 1981 -10- --Eder - sat in on the original rules. Have a great deal of appreciation for those who worked to develop the range initially and their concerns over Mr, Warner's operation and the operation to date. Hope that=in anything that is done here that we"re nbt saying the Club has..Anot done a good job. Need to bring the information base up-to-date for the mutual benefit of all, --Reece -- commented that viewing the Club this time of year is not advantageous because of the snow cover and bare trees --Michael Bear - not a member of the Club, lives in the area. has visited the Club and wants to give the Club a positive vote r was impressed how professional and well operated and cared for it was managed. Has not found the noise objectionable. -Allen Borsheim thin4s have done the Club an injustice with the three month extension. There is no cause, no defensible cause. Do not have a list of complaints or registered complaints over a period of time - there were objections to the improvements and rearrangement of the range, but there were no objections to the renewal or the continued operation. Thinks 110% of the information requested has been provided, and that information is either not used or not read, Have provided a sound report, at a cost of $3,000 . to the people on the Council Planning Commission and Mr. Whittaker -they never bothered reading it. ---Mark Amland - member of the Club - good place to go with my father when he comes to visit. Goes to shoot at his leisure no place else around to do this. Hopes the City does not plan to do away with it. Would be very unfair. --Richard Rudman , Director of the Club serves as legislative r liason for the Club. Pointsof fact to the Council - 1 Bill passed in the 1979 legislative session, Senate File 188, that specifically exempted the PCA from regulating shooting ranges. The bill had a very complex origin and a great deal of testimony was given on the bill that would be of value to the City Council, There was an implied statement that because the NRA comes out and endorses us doesn't necessarily satisif_y all the requirements of the City Council, Wants the Council to consider that the NRA is involved with preventative maintenance. They do not want shooting ranges ending up in court, they do not want controversies, they try to suggest standards that far exceed anything that could create any problems. The fact you will run into is that there are very few people outside of the NRA that are experts on this simply because it is an area of concern among shooters or to those with terrific technical interests or engineering interests - it is a sophicated problem to analyze and it requires talents that only a very few people have. Is a very serious shooter, has a good technical background andfinds it difficult to understand the most rudimentary judgements made by sound experts. It is a controversey not only surrounding shooting ranges but in the work place and in the home. Think will find that three months of full-time work wouldn!'t create a very good analysis, A comment .on the three month extension - Will find you are in a period of the year under which you will make the least relevant analysis of the range. The noise conditions eminenting from the range are highly seasonal and within seasons are very dependent upon specific weather conditions even down to the time of day. If attempt to make a not Ebanalysis now will have a period of the year when noise travels very well when most people keep their windows closed, when the range is not in the type of use typical of it. Would hope the Council would study the operation throughout an entire year. CITY COUNCIL MEETING, DECEMBER 1, 1981 -11- Oakdale Gun Club - =-Rudman —Unless there is some issue of tremendous concern it would be appropriate to consider looking at the range over a long period of time. --Jeff Friedrich - not a member of the gun club, lives in Cimarron. Doesn't find the noise objectionable. Uses the Club to sight in his rifle, no other place around to do this. Always been impressed with the safety and the professionalism in the way the Club is run. Range Officers always in charge never an opportunity where anything could happen. --Jerome Marah - Director on the Board - works on grounds maintenance, closely involved with what is happening on the range. Would like included in the report a recommendation to the property owner to the east refrain from allowing people to come in on his property and hunt. These people have fired rounds from the Nelson property into the gun club property when there are people there shooting. The club is not the one creating the hazard, outsiders using the club property are riding on the club's insurance liability and considers this a major source of creating a safety problem not on the range - may happen on the Club's range but will happen from the outside. This has happened repeatedly. Have had to go over their fenceline and warn these people. Have had obscenities called out. Believes if this continues will have to physically rehend them or restrain them until the law comes. Wants this included in the report. Mayor Eder told the Club that they will be notified of all review and information relating to the Club. Mr. Reece said he will mail an up -dated copy of the NRA Manual to the Administrator. C. Publ\ic\Ncl�Jss - The informational meeting --will -Fe held -Wednesday, December 2, at the City Hall. M/S/P Morgan/Mottaz to adopt R-81m771 supporting.the DNR access plan for. Lake Demontreville and the condemhationf,of the property for such access. *81-77 replaced by R-81-82. D. �Hieeting for 1006 - Set -Parameters - The Council de ice deTd—to- postpone a meeting until the City is in receipt of information indicating its share of the I-94 project. 11. ADMINISTRATOR'S REPORT: A. Amendment to Surface`tereUse Ordinance - E The Council reviewedthe word mg4 change in t e present Ordinance that would regulate any type of access other than at an established public access. M/S/P. Fraser/Morgan to adopt Ordinance 793R amending %ction 1511.0.2.of the 1979 Municipal Code; t CITY COUNCIL MEETING, DECEMBER 1, 1981 -12- ADMINISTRATOR'S REPORT: B. Met Council response to Comp Plan - No response has been received. aDeferred until December 15. C. Mn/DNR Proposal for Mn/Wi Boundary Trail Whittaker reyiewecT tie tr— system stem and asked the Council if they had any concerns since the trail will run adjacent to Dbmontreville Park. This wi H be part of a state wide system. No plans are available on public facilites, picnic areas, maintenance plans, etc. --Morgan - concerned that the right-of-way runs adjacent to the City Park. Do not want a City park included in a state wide trail system, This is suppose to be a City park, not part of a state wide system. Not opposed to the trail; but there should be a clear understanding that the park does not become apart of that system. --Fraser- send them the City's concerns, Likes the over-all idea of these trails; but they need to address where it stops and starts; what type of travel is appropriate; facilities that are needed, etc, --Mottaz - in the North St, Paul area,where it starts, there has to be parking area, sanitary facilities--monsterous trail.,talkincq parking facilities for many cars. Has to be someplace else other than in Lake Elmo. Reaffirm that zie'-'want an entrance to their trail somewhere in North St. Paul, Whittaker will send a letter to the DNR outlining the Council's concerns. D. .State Aid and Budget�Woes A summary of the:City's cash flow will be available December 15. E. .Personnel Committee Meeting - The Personnel Committee will m - .� -�� interview tie final Building inspector applicants Saturday, December 5, from 9 a.m. to noon,-- F. VFW Sunday Night License - Whittaker reported that the VFW has a�pro-rated undayLi'uor License, for Sunday events. The standard club liquor license is not pro -rated. G, Cable - Whittaker reviewed alletter from the Cable Commission indicating that the City of Lake Elmo would have access to the Cables system -via the Lake Elmo Public Library. Fraser and Novak felt Lake Elmo Elementary would be a better public access location. Whittaker will talk to the school district about this, ADJOURNMENT: M/S/P Mottaz/Eder to adjourn at 10:45 p.m. RESOLUTIONS: 81-74 -- Private Road Ae eeimnt --Joe Kaiser 81-75 - 201 Grant Offer Acceptance *81-77 - Demontreville Access Acceptance *81-77 replaced by 81-82 ORDINANCE: 793Z - Amendment to Sec. 1511,02 - Surface Water Use Lake Access I R-81-75 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY^ MINNESOTA A 'RESOLUTION ACCEPTING THE GRANT OFFER FROM THE STATE OF MI'NNESOTA FOR STEP 1 - FACILITIES PLAN , 201 WHEREAS, the City of Lake Elmo has accepted a Federal grant offer for Step 1, 201, Facilities P.lany and, WHEREAS, the City of Lake Flmo will complete Step 1 within the schedule approved in that grant offer, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, that it hereby accepts the grant offer from the State of Minnesota in the amount -of $9,375 for: 1) Step 1 � the preparation of a facilities plan.. BE IT FURTHER RESOLVED, that the City of Lake Elmo authorizes Laurence E„ Whittaker, the designated representative, to sign all documents necessary to the acceptance of this grant offer. Resolution introduced bys Councillor Jess T9ottaz Resolution seconded by; Councillor Dave Morgan 'Vote on Resolution: 5,0 WHEREUPON the above Resolution was adopted at the regular meeting of the Lake Elmo City council, this the 1st day of December, 1981. ATTEST: Signed: `Mayor d C �iir an'�i_f_"City Counil CLAIMS TO BE APPROVED AT DECEMBER 1, 1981 COUNCIL MEETING 81940 Meyer Mercantile -.Maintenance Dep't $ 126.20 81941 Commissioner of Revenue - Nov.State withholding 453.20 81942 State Bank of Lake Elmo - Fed. it1,284.80 81943 St.Treas. - Soc.Sec.Retirement Contribution 1,182.30 81944 Laurence Whittaker - December Expense 50.00 81945 Washington National Insurance Co. 433.37 81946 Minn. Benefit Ass'n 26.40 81947 Allied Group Insurance Trust 86.34 81948 Gerald Dahlberg - November animal patrol 262.00 81949 Duane Grace - Nov. 9 thru 20 buildina inspections 369.12 81950 Kathleen Crombie - Nov. 9th PZC minutes 23.00 81951 Mary Meyer - 11/24/81 newsletter 175.00 81952 TSB - Water Dep't utility billings 87.50 81953 Minn. Fire Inc. - Fire Dep't 85.50 81954 Barr Engineering - Services for watershed 95.00 81955 Buberl Landscaping - Tablyn Tennis Courts 20,850.00 81956 T. A. Schifsky & Sons - Sand - Parks 169.36 8195V Lillie Suburban Newspapers - Blda. Insp. 24.64 81958 Star & Tribune - Bldg. Insp. 46.56 81959 St. Paul Dispatch - Bldg. Insp. $ 44.80 Truck Bids 54.4(j 99.20 81960 Northern States Power 1,043.49 8196/12thru 8197,I1 December llth payroll 4,000.00 10, /+-,s-o C � ��2 (oDb7 $ 12"974.98 3 ors Cj) 03 z