HomeMy WebLinkAbout12-15-81 CCM81997
81998
81999
82000
82001
82002
82003
82004
82005
82006
82007
82008
82009
82010
82011
82012
82013
82014
82015
82016
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82018
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82021
82022
82023
CLAIMS TO BE APPROVED AT DECEMBER 1.5, 1981 COUNCIL MEETING
Fleet Farm - Posts for Hockey Rink (Lions Park) $
129.35
Hennepin Technical Center - P;Z;C, Seminar
100.00
Marcy Eischen.- Water meters read, inside & our
.112.50
Postmaster - Postage meter
200.00
Maynard Eder
1,000,00
Laura Fraser
750.00
David Morgan
750,00
Jess Mottaz
750,00
Jeanne Novak
750.00
Lowell Vanderhoff - LeMire Sewer System
1,650,00
University of Minn, .- Land Use Planning Workshop
34,00
Kuehl Electric - Replace timmers for Tennis Courts
552.10
Stillwater Book & Stationery
57.10
Meyer Mercantile - Maintenance Dep't
29.59
Elmer Richert - Mount Fuel Tank $ 32,50
Weld. Posts for Gate 87\5Q
Snow Removal Oa00
170.00
T K D A - General 1174�
Park 270.36
Maintenance Garage (final) 1,070.00
201 EPA Grant 5
M.S.A. �2j0-2.2,�Bd
10,011.87
Lawson Raleigh Marshall - General """6"50"XU
Prosecutions 474.00
Oakdale Gun Club 1.50.00
M.S ,A.-:'240,.00
1, 514 .00
Mary Mever - 12/8/81 newsletter ,--.-<-,,..,----.�-w
175,00
George Ri.njwelski Oct, and thru DIov;18th park gate
96,00
Northwestern Bell
154,37
City of North St, Paul
125.00
Junker Sanitation
42,00
M.P;H, Industries - Radar- police department
544.50
Hejnv Rentals - Brush Saw - Parks, Sunfish
38,85
(Signed by William Schultz?)
St, Paul Rent All - Brush Saw (sinned by Neil Hemen?)
45.00
Braga Enterprises - Ceiling work at Maint,Garage
430.00
League of Mn.Cities (last yr, was $867,under 5,000
82024 Metro Waste Control Comm. 1982 charges
82025 Lillie Suburban Newspapers ( truck bids )
82026 Lake Elmo Oil -- General - 600 gals regular
Fire Department
82027 Oakwood Animal Hospital
82028 Vern's GTC Portable Grinder.
82029 Del's Sharpening Service - Gas Trimmer_'
82030 American Water works Assn - 1982 Dues
82031 Washington County Highway Dept - Salt & Sand
Culvert
82032 First National Bk; of St, Paul - Water Bond
82033 thru 82043 December 23rd payroll
pop.)
1,515.00
118.03
4,11
$ 768.00
9T 795.91
249.00
160.00
259.95
'43.00
945,00
310.80
10.62,5.00
4,,000a66
Total $ 39,237.03
LAKE ELMO CITY COUNCIL MEETING, DECEMBER 15, 1981
Mayor Eder convened the meeting at 7:15 p.m.
Councillors in attendance: Fraser, Novak, and Mottaz. Morgan absent.
1. AGENDA: Item 4 - Lions Club Presentation - Cancelled
Item 8A- Cimarron Golf Course - Cancelled until Jan. 5, 1982
Item 14F-Add = PicK'=Up Truck Bids, announcements, 1006,
and Gun Club.
M/S/P Novak/Eder to approve the agenda, as amended.
Motion carried 4-0.
2. MINUTES: December 1, 1981 -
After the Roll Call Add:
° M/S./P Fraser/Mottaz to appoint Councillor Novak temporary Chairman.
Motion carried 3-0.-1. Eder abstained.
M/S/P Fraser/Mottaz to approve the minutes of December 1, 1981,
as amended.
Motion carried 4-0.
3. CLAIMS:
Additions: 8204:4 Duane Grace $508.73 Building Inspector
82045 Kathleen Crombie 25.00 PZC Secretary
Councillor Novak questioned claim 82021 - Whittaker indicated this
was for park work done by the Jaycees; but not authorized by the
Administrator. He requested that h:�the future such claims indicate
who authorized the expenditure and the workywhen not authorized by
the Administrator.
M/S/P Mottaz/Novak to approve Claims 81997 thru 82045.
Motion carried 4-0.
5. JAYCEE PLAN FOR WEST SUNFISH PARK:
Arlan Christ, representing the Lake Elmo Jaycees and Jaycee Women,
presented a plan for_ballfield complex in West Sunfish Park.
Mr. Christ answered questions on revenue,::availability to Lake Elmo
residents, design, parking, ,.excavation.etc. He requested the Council
vote in favor of the complex, stating the Park Commission voted
unanimously to recommend approval, after reviewing the plan.
--Eder - would like to see a map of the excavation area in the landfill
--Christ - would like permission from the Council to submit the paper-
work to the Army Reserve Corp and a release of liability from the City
if they come in, as outlined in the last pages of the proposal.
--Mottaz - before taking action need to discuss proposal with the Park
Commission, the City Attorney and among the Council members.
--Fraser/Eder - good idea grateful to the Jaycees for the idea & plan.
A detailed agreement critical.
--Mottaz - like to see how this fits in with the total park plan - some
concern about someone else scheduling the use of City park facilities.
M/S/P Mottaz/Novak to table action and place this on the January 5, 1982,
agenda.
Discussion -
--Christ - asked if he could forward the information to the Army Corp.
--Eder - suggested he send the letter; but delete reference -to COUncil.
approval, along with an unsigned draft of the liability release.
Motion carried 4-0. --Novak suggested notifying area residents of the
proposal and get their feedback.
CITY COUNCIL MEETING, DECEMBER 15, 1981
-2-
6. REID PARK - TOPOGRAPHIC MAPPING:
Whittaker reported that Dave I:irsch, planner for Reid Park, notified
him that he will need a 2 ft contour map of the area before he can
begin the detailed mapping of the plan. The estimated cost of
this type of map is $950 to $1,000.
The Council discussed the necessity of contour mapping and whether
the original park plan for Reid Park contained this type of mapping.
--Fraser - input from the neighbors was for zero development - if
there is no development there -is no`need.,to locate tennis courts, etc.
and no need for topographic maps.
--Mottaz - if there is any development it will be a small portion of
the park, therefore, would not need contours of the entire park.
M/S/P EderiMottaz to table this issue until January 5, 1982, and
request Mr. Kirsch discuss this with the Park Commission for their
recommendation.
7. PLANNING COMMISSION REPORT - HOWARD MICHELS:
A. Goetschel Minor Subdivision -
The Council reviewed the Planning Commission recommendation to
approve a Minor Subdivision for Walter Goetschel.
M/S/P Novak/Mottaz to adopt R-81-78, A Resolution approving a
Minor Subdivision for Walter Goetschel, per the Planning Commission
recommendation.
B. Dayton -Hudson Subdivision - The Council reviewed the Planning
Commission recommendation for approval of a 10A subdivision.
--Eder - questioned the status of the debris on the property left
after the old farm house burned - is the old foundation filled in -
--Ron Smith - prospective buyer- the debris is cleaned up; but
the old foundation is still there.
--Eder - Dayton -Hudson should be required to clean up the whole
area 'and fill -in - _the. --burned ou,4 foundation before approval is
.seven or make -approval -and recording of.the pubdivision contingent
on the clean-up.
debating whether the foundation can be used for something. -
Would board up the foundation, if necessary. Property is signed & fenc
--Eder - concerned with the safety factor.
--Whittaker - will have the Building Inspector inspect the area and
determine if it is hazardous.
--Eder - advised Mr. Smith he will have to notify the City if or
when he plans to use the foundation.
Eder also noted that the legal description of the parcel includes 50ft.
of road right-of-way for County 70, also the right-of-way for
Keats and loth Street, thereby making the parcel less than 10A, and
in conflict with City Policy:.:
M/S/ Eder/Mottaz to table decision on the Dayton/Hudson subdivision
until the .lot size requirement is resolved.
Discussion -
--Eder - they will need a variance or increase the survey to show
an unencumbered 10A tract; also an indication of what the old
foundation will be used for.
--Smith - will meet with the Building Inspector and abide by his
recommendation.
--Val Parranto - attorney representing Dayton -Hudson and Mr. Smith
indicated this can be resolved by January 5.
CITY COUNCIL MEETING, DECEMBER 15, 1981
-3 -
Dayton -Hudson Subdivision
--Eder -would like to see, at the January meeting, a drawing
with the dimensions indicating the remaining front footage on
Keats owned by Dayton -Hudson to the north, and to the west
Motion carried 4-0.
C. Pott Minor Subdivision - The Council reviewed the Planning
Commission recommendation to approve this minor subdivision.
This had already received Council approval contingent to Planning
Commission review and recommendation.
M/S/P Mottaz/Novak to adopt R-81-79, A Resolution g�)ying'f.tnal
approval to ,h, Minor Subdivision .f_o.r_• Fran Pott, per Planning Com-
mis s ion-rrecommendation .
D. Hanson Trailer Sales -CUP Amendment -
Commissioner Prince was present to answer any questions the Council
might have on the Commission's discussion'.and recommendation to
approve the permit amendment.
--Whittaker - advised the Council that the Commission addressed
the questions he raised in his memo through their discussion and
recommendation.
Councillors discussed what is agriculture vs agri-business.
-Don Moe, Planning Commission - the Commission based its decision
on what the current ordinance's definition and permitted uses are
for Ag zoning. Many ambiguous statements in the ordinance that
should be changed to cover more concrete, specific items in order
to avoid the question -is it or isn't it an ag use.
The Council discussed the necessity of limiting the growth of
businesses operating under Conditional Use Permits.
M/S/ Fraser/Novak to adopt R-81-80, approving an amendment to
the Conditional Use Permit for Leonard Hansen--to-operate an
open sales lot -(Sec, 301.070 D.,l.b.(5), as recommendedbythe
Planning Commission with additional limits.
Discussion:
--Fraser - supporting this because the language in the Ordinance
supports this use, and feels it is properly farm related, also,
it is reasonable to have some limits. Also - permitted them
to open a business and work to improve the property - would be r,
very wrong to cut it (business) out from under them - if this was
ever the intent they should never have been allowed to start up.
Very serious to make regulations that would hurt or not allow them
to expand their business in the normal course of the business.
--Mottaz - anyone operating on a CUP is..made aware that they are
operating through the good graces of the City from year to year and
may not be permitted to operate the next year.
--Whittaker - Mr. Hanson was never assured he could sell anything
but horse trailers, initially. Now want to sell something more and
different - this is an expansion: not just a simple renewal of the
present use.
--Novak - - why if Mr. Hanson remodeled the barn and lives on
the premise, is this not considered a home occupation. Would like
to put some limits on the number of pieces of equipment displayed
and specifics on the parking.
--Mottaz - City is not required to allow this -type of operation
regardless of the zoning or the ordinance. It can exist if given
a conditional use. Feels the request is very broad and hard to limit.
CITY COUNCIL MEETING, DECEMBER 15, 1981
-4-
Hanson Permit -
--Mottaz - wants to see the City have more control than
what is indicated so that expansion can be regulated. Does not
object to the proposal.
The Council discussed and agreed to the following amendment
limitations:
1. No.new permanent construction
2. The use be considered an open sales lot
3. The CUP is a'one year permit. --large investment to the property
is discouraged and not a viable reason for renewal.
4. No more equipment be added than is indicated on the plan. 5
additional spaces are indicated on the plan for display of
equipment.
5. A maximum of 12 horse trailers on display in display area.
6. Maximum display area to be 150' x 300' in SE quadrant of property.
7. Equipment or inventory not on display will be screened'or stored
inside a building.
Motion Carried 4-0.
The Bu ldsng-Insp.will check on a yacht and used car business along 94
for operation without a permit.
8. CONDITIONAL USE PERMITS:
A. Cimarron Golf Course - Cancelled until January 5.
B. Vali-Ii Drive In - Application has been received.
Whittaker reported that there are no new problems that have
not been dealt with.- no complaints from the deputies.
M/S/P Mottaz/Novak to approve a -renewal of the Conditional
Use Permit for 1982, for Vali-Hi Drive In. Motion carried 4-0.
C. Salus Mobil Home - Whittaker reviewed past action not to extend
this permit beyond 1981; and recommended extending the permit
6 months during which time Mr. Salus or the Highway Dept. will
come in and verify when the situation will be straightened out..
M/S/P Eder/Fraser to extend the Salus Conditional Use -Permit
for 6 months, until July 1, 1982, and instruct the City
Administrator to write the State of Minnesota requesting the
status of the Salus property and similar property purchased
by the State.
Motion carried 4-0.
D. Lauseng Stone - Whittaker reported their.has been no expansion
during the past year,,. the materials are still confined to
the area defined by the City, and recommended approval.
M/S/P Fraser/Novak to approve a Conditional Use Permit for
Lauseng Stone for 1982. Motion carried 4-0.
E. Patti Homes - No application was received.
9. MINING PERMIT - SHAFER CONTRACTING:
An application has been received, the area was inspected by the
Building Inspector and renewal was recommended by the Administrator.
M/S./P Eder/Fraser to approve renewal of a mining permit for
Shafer Contracting for 1982. Motion carried 4-0.
COUNCIL MEETING, DECEMBER 15, 1981 1 -5-
l0. BUDGET STATUS - CASH FLOW AND STATE AIDS:
Whittaker distributed the cash flow report for GIaunc`il review,
and said -any questions should be directed to Marilyn Banister
for discussion at the January 5 meeting.
11. LANDFILL SITING - LARRY BOHRER & RAY MARSHALL:
Engineer Bohrer submitted the report, requested by the Council,
on the County's landfill siting in Lake Elmo's Regional Park.
After reviewing the report and the Engineer's conclusions the
Council agreed the report should be forward to the Met Council
and included in their data for discussion on the issue in January.
M/S/P Mottaz/Fraser to adopt R-81-81, a Resolution urging the
Metropolitan Council to oppose the selection of the Lake Elmo
Regional Park Reserve as a possible landfill site and urging
them to require Washington County to submit at least four sites
for solid waste landfills in the County.
Discussion -
The City disagrees with the county's decision and plans to pursue
it and will request specific notification of the time table and
will submit testimony showing that the site in Lake Elmo is not
suitable.
12. ENGINEER'S -REPORT: -
A. 201 Schedule - Bohrer presented the schedule for the 201
phasi g:tha� a-t.-1'coincide with the public meetings held by the
PCA and EPA. The site survey is complete; "the need.,-datetnination
and public meeting phase should be completed by January, 1982.
The complete report, the facility planning,should be complete
by April, 1982. EPA & MPCA review should be complete by July, 1982.
The Engineer recommended that the City request a budget period
extension to July 31, 1982. This will qualify the City for a
1983 grant, if it is available.
M/S/P Mottaz/Fraser to accept the time table, submitted by the
Engineer, and forward this on with the budget period extension request.
Motion carried 4-0. '
A public meeting will be held January 26, 1982, at Oakland Jr. High
to discuss the needs in the study areas. The meeting will begin
at 7:00 p.m. The Sngineer indicated that about 126 out of 495
systems that were investigated and inventoried have some type of
need.
B. Lemire Sewer - Bohrer reported that by revising the plumbing
a lift p —wwasnotnecessary, thereby, reducing the bid by $750.
The Administrator will draft the easement for that portion of the
City park affected by the grainfield and record same.
CITY COUNCIL MEETING, DECEMBER 15, 1981
13. PUBLIC ACCESS - LAKE DEMONTREVILLE:
A. Review revised plan -- The COUZ)Cil reviewed tn.e Administrators
meta on the current status of the access, and commented on several
letters of support from residents and the County Commissioner.
Eder asked for comments on the revised parking plan.
--Mottaz- feels the plan limits parking for shore fishing. Believes
should restrict the number of boats using the lake; but should
not be overly restrictive with people who want to use the public
land for shore fishing,and allow more non -trailer parking spaces.
-The current plan provides for 12 car/trailer spaces and 3 non -
trailer spaces. The car/trailer spaces can accomodate 2 cars.
--Whittaker - problem is that the residents would not support a
plan calling for more parking spaces. Their support was a
condition of condemnation by the DNR.
--Mottaz - have an obligation to keep the public on public property;
but also have an obligation to make this type of facility available
to other people in Lake Elmo.
--Fraser - all things considered -recommends proceeding with the
revised plan.
--Novak - not comfortable adding more spaces -unless it is strictly
enforced and controlled -the single car spaces will be used for
trailers,too.
--Mottaz - there will be 2,000 ft. of public property and are
not providing adequate parking for use of this property.
--Whittaker - thinks this is a compromise compared to what is
there now. Not ideal - but DNR will not condemn without the
resident support which would put us back to the current problem.
--Mottaz.- does not feel it is up to the residents around Demontrevil
to determine how many people can use public land - paralled this
with Reid Park and the parking proposed by the Jaycees in West
Sunfish ,park. What is the public? There has to be a balance.
--Whittaker - here the DNR considers the public 12 cars & trailers.
MIS/ Eder/Novak to adopt Resolution 81-81 supporting the design
and parking plan,for 12 car/trailer spaces and 3 car spaces, on
Lake Demontreville and recommending condemnation of Lot 6, Block 1,
Demontreville Highlands 5th Addition for development of said
plan by the DNR.
--Mottaz - feels this approach does not serve the best interest
of the majority of the citizens in Lake Elmo - there are other
means of handling this. Supports the access; but, desires
more parking for shore fishing(.:
Motion carried 3-1. Mottaz opposed for reason stated above.
B. Enforcement - Whittaker reported that residents near the
access 'asked as d the Council would consider extra police patrol
in the spring to enforce the no parking and access regulations.
--Fraser - recommended discussing this with the Sheriff.
--Novak - if we know what we want in this areal we should have
the necessary enforcement from the start.
The Council discussed alternate means of enforcement with minimum
cost to the City.
CITY COUNCIL MEETING, DECEMBER 15, 1981
-7-
14. ADMINISTRATOR'S REPORT:
A. Hire Building Inspector - Approve Contract
The Council reviewed the Personnel Committees recommendation to
hire James McNamara as Building Inspector. Discussion included
salary range, meeting attendance, Planning Commission liason and
the contract agreement. As several questions were raised about
the language in the agreement, the Council decided the City
Attorney should review the contract and recommend changes or
clarification for the January 5 meeting.
M/S/P Eder/Mottaz to confirm the appointment of James McNamara
as Building Inspector, and approve the pay and fringe benefits as
recommended by the Personnel Committee. The Contract Agreement
to be deferred until January 5, pending review by the City Attorney.
Motion carried 4-0.
B. Review Policy - $100 Deductable - Whittaker asked the Council
to consider his recommendation, as discussed in his Dec. 7, 1982,
memo, that the City pay the first $100 for employee medical claims.
--Eder - would like the policy to be more specific on what would
be allowed in order to qualify for the deductible amount.
--Whittaker - money is budgeted and in the annual insurance
package - now a matter on what you permit the employee to claim
it for.
--Fraser - just because it is budgeted does not mean it needs to
be spent.
--Whittaker - does not feel the employess are getting the same
insurance benefits that other City employees in the area are
getting. This was the basis for the recommendation.
M/S/P Eder/Fraser, to turn this matter immediately over to the
Personnel Committee for review and recommehdation.
Motion carried 4-0.
C. Rolle Maxey - Whittaker submitted the resignation of the
Maintenance Foreman, Rolle Maxey, effective immediately. He
recommended acceptance of the resignation and proceed with hiring
a replacement.
M/S/P Novak/Fraser to accept the resignation of Rolle Maxey.
Motion carried 4-0.
--Fraser - recommended the Administrator contact the other applicants
that were interviewed and verify if they are still available.
M/ Eder/ to reinitiate theprocessfrom the beginning,
to permit new participants to apply.
Motion died for lack of second.
The Administrator will verify if the City can legally offer the
position to an applicant who was interviewed as a finalist for the
position. Eder was the only Councillor opposing this action,
stating there may be better or more qualified people for the job
who will be denied the opportunity of applying.
CITY COUNCIL MEETING, DECEMBER 15, 1981
Maintenance Foreman - Severence Pay -
The Council.di.scussed-emp ooyee eligibility for severence pay
during a probationary period.
M/S/P Eder/Mottaz nOt to pay Rolle Maxey severence pay based on
the Council's determination that an_employee is not eligible for
reverence pay during a probationary period. This is in accordance
with City policy and past City action.
Motion carried 4-0.
D. Park and Planning Commission - Goals and objectives -
Not ready for Council review. Yearly appointments to the Commissions
will be deferred until the Goals and Objectives have been discussed.
E. Green Acres 3.2 Beer License Confirmation -
M/S/P Novak Eder approving the confirmation of a 3.2 license
for Green Acres for Sunday, December 20, 1981, for School of
Communication Arts. Motion carried 4-0.
F. Bids for 1/2 Ton Pick-up -
The Council reviewed the bid tab sheet.
M/S/P Eder/Novak to accept the low bid from Joe O'Brien Chevrolet
for $7,972.41.
Motion carried 4-0.
The Council authorized the Administrator to have the old pick-up
evaluated by Brockman Motors to determine the=safety-of the vehicle
for resale.
15. ANNOUNCEMENTS:
A. Conn -Co Shoes - Conn -Co has asked to meet with the Council
before the end of the year to conclude their final approval so that
they can close on the IRB loan. The Council agreed to meet with
Conn -Co and formalize their action, provided all the necessary
work is complete.
B. Licenses -
M/S/P Mottaz/Novak to approve the following Waste Haulers Licenses:
Junker Sanitation, 415 Martha, Stillwater
Maroney Sanitation, 9209 Lansing, Stillwater
Motion carried 4-0.
C. Statement.. -Opposing City Office in Brookfield Building -
The Council acknowledged receipt of a statement from several residents
opposing the City's leasing office space in the Brookfield II building.
D. R-81-82 Amending R-78-28 Regarding the use of Part of Jamaca Ave. -
M/S/P E er/Nova , adopting R-81-82, a Resolution amending Resolution
78-29 regarding the use of part of Jamaca Avenue.
Motion carried.3-1. Mottaz opposed.
E. Skating Rinks.- - Whittaker reported that the school district
will not have the staff or the time to maintain the hockey/skating rinks;
/ and recommended referring the matter back to the Par], Commission.
A snow blower attachment for the City's Toro mower would cost about
$4,000. The Council agreed to refer the blower and trail groomer($1,000)
question to the Park Commission for review and recommendation.
CITY COUNCIL MEETING, DECEMBER 15, 1981
-9-
F. Project 1006 - Fraser
said no new formation is
made on 'the next step' the
the Mn/Dot Project will be.
the City's position to date
asked the status of 1006. Whittaker
available and before any decision is
City wants to know what its share of
Whittaker is working on a summary of
and his recommendations.
G. Gun'Club - Fraser asked what has been done to set up the
review .procedure for Gun Club requirements and regulations.
--Eder �- waiting for information from the Army on their inspection
criteria for safety.
--Fraser - Would like to have Ray Marshall outline the legalities
that are pertinent; and would like to have an over-all plan for
that area available so that sound criteria can be established.
--Whittaker - additional efforts - requested a list of ordinances
from League of Mn. Cities relating to regulations; contacting
communities that have gun clubs, requesting°their standards for
gun clubs and contacted Lyle Doerr for Army regulations on construction
of ranges.
ADJOURNMENT: M/S/P Mottaz/Fraser to adjourn at 11:00 p.m.
Motion carried 4-0.
RESOLUTIONS: 81-78 Goetschel Minor Subdivision
81-79 Pott Minor Subdivision
81-80 Hanson CUP Amendment
81-81 Landfill Siting Report to Met Council
81-82 Demontreville Access
81-83 Jamaca Avenue
R-81- 83
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA.
A RESOLUTION AMENDING RESOLUTION 78-29 REGARDING THE
USE OF PART OF JAMACA AVENUE
WHEREAS, Resolution 78-29 of the City Council of the City of
Lake Elmo required that all that part of Jamaca Avenue North
lying South of a line drawn East and West across said Jamaca
Avenue North sixty (60) feet south of, and parallel to, an ex-
tension of the .northerly line of Lot Three (3), Block four (4),
Foxfire Estates remain unimproved and .reserved for emergency use
only; and,
WHEREAS, the City Council. of the City of Lake Elmo, upon
a petition of the neighbors and a survey of affected property
owners, has determined that. Jamaca. Avenue should be improved
to City standards and opened for general public use;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lake Elmo,
THAT, HENCEFORTH, all of Jamaca Avenue from Jamaca Boulevard
in Foxfire Estates to Jane Road North shall be available for
general public use.
Adopted this 15 day of December, 1981, by the City Council
of the City of Lake Elmo, Washington County, Minnesota.
M aynard Eder, Mayor -
ATTEST:
Laurence E. Whittaker,
City Administrator
R-81-82.
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION REQUESTING C014DE14NATION OF LOT 6, BLOCK :1
DEMONTREVILLE HIGHLA14DS 5TH ADDITION BY THE MINNESOTA
DEPARTMENT OF NATURAL RESOURCES FOR A PUBLIC LAKE ACCESS
AND PARKING AREA
WHEREAS, it is the stated policy of the DNR to acquire a
public access to Lake Demontreville; and the Lake Demontreville
access has been on the Metropolitan Council list of accesses for
immediate acquisition and development; and,
WHEREAS, the public is taking access to Lake Demontreville
over an inadequate City access, which has created traffic hazards
and extreme nuisances to adjacent property owners, and over private
property all along the westerly shore of Lake Demontreville causing
damage to the shore, the private property, and an extreme nuisance
and safety hazard; and,
WHEREAS, the City of Lake Elmo and the Minnesota Department
of Natural Resources (DNR) have geen negotiating for access to Lake
Demontreville for over five years;.and,
WHEREAS, the last remaining parcel of vacant land on or near
Lake Demontreville is now platted and under contract- for new housing;
and,
WHEREAS, despite City, DNR, and public pressure, the DNR
could not reach agreement with the owner of Lot 6, Block 1,
Demontreville highlands, 5th Addition, on a purchase price; and,
WHEREAS, the present owner has stated his intention to
develop this lot in the immediate future; and,
WHEREAS, the DNR already owns land across the street from
the proposed parking area which is suitable for the public access
but not large enough for public parking; and,
WHEREAS, the rearing pond already acquired by the DNR is
adjacent to this property also; and,
WHEREAS, the DNR has presented a plan for the parking area
and access which is acceptable to the residents, public and the
City Council,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELMO:
THAT, the City of Lake Elmo hereby requests that the
Minnesota Department of Natural Resources employ the power of eminent
domain, specifically authorized by the State Legislature for the
purpose of acquiring lake accesses, to acquire Lot 6, Block 1,
Demontreville Highlands, 5th Addition for a public lake access parking
area for Lake Demontreville in the City of Lake Elmo; and,
THAT, the City Council hereby endorses the plan for the
public access presented by the Minnesota Department of Natural
Resources, December 2, 1981, provided that there are 12 parking
spaces for vehicles with trailers and only three (3) spaces for
vehicles without trailers.
ADOPTED, this the 15th day of December, 1981, by the City
Council, City of Lake Elmo, Washington County, Minnesota.
SIGNED:
Mayn 6L. E er, Mayor
ATTEST:
Laurence E. Whittaker �
City Administrator
STATE OF MINNESOTA )
COUNTY OF WASHINGTON
CITY OF LAKE ELMO )
I hereby certify .that I have compared the attached copy of Resolution
R-81-82 with the original thereof in the records of my office and
I find said copy to be a true, correct and complete copy of the
Resolution adopted December 15, 1981, by the City Council, City of
Lake Elmo.
Laurence E. Whittiker
City Administrator
DATED:
(seal)
R-81-81
RESOLUTION
CITY OF LAKE ELMO
WASI-IINGTON COUNTY, MINNESOTA
A RESOLUTION URGING THE METROPOLITAN COUNCIL.
TO OPPOSE THE SELECTION OF THE LAKE ELMO
REGIONAL :PARK RESERVE AS A POSSIBLE LANDFILL
SITE AND URGING THE METROPOLITAN COUNCIL TO
REQUIRE WASHINGTON COUNTY TO SUBMIT AT LEAST
FOUR SITES FOR SOLID WASTE LANDFILLS IN THE
COUNTY
WHEREAS, the ake. Elr.io Regional Park Reserve was
established to preserve the unique and precious natural re-
sources in and around Eagle Point Lake; arid,
WHEREAS, the Metropolitan Council and Washington
County agreed to preserve this land for park and open space
uses through covenants and assured everyone who sold la.nd
for the park reserve and the City that such land was to be
used for a Park Reserve; and,
WHEREAS, any landfill will take land out of Park
Reserve, uproot wildlife, destroy natural vegetative and
wildlife habitat, and destroy the very things the Park Re-
serve is intended to preserve; and,
WHEREAS, this land was determined to be unsuitable
for a sludge and ash disposal site under the same criteria
as it is now being evaluated for a landfill site, by the Metro-
politan Council; and,
WHEREAS, State law discourages the use of park pro-
perty for a landfill by setting a standard that such sites
should be no less than 1000 feet from a park; and,
WHEREAS, Washington County has asked for a Variance
from the Metropolitan Council from the requirements of State
law that they submit four intrincically suitable sites for con-
sideration by the Metropolitan Council; and,
WHEREAS, Washington County did not even investigate
their own alternate sites nor many of the areas known to be
suitable for a landfill; and,
WHEREAS, there are many areas of Washington County
that are more suitable for a landfill than the Lake Elmo Re-
gional Park Reserve;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF LAKE ELMO,
R-81-81
'THAT, the City of Lake Elmo hereby urges the
Metropolitan Council to deny Washington County's request
�r for a Variance from the requirement that they submit four
sites for a solid waste landfill. in Washington County; and,
THAT, the City of Lake Elmo hereby urges the
Metropolitan Council oppose the siting of any landfill in
oxr---n-ear the- -Lake-Elmo _Regional_P_ark_-Res-erve_and, thereby, --
enforce its own covenants and promises to the landowners
and the City of Lake Elmo; and,
THAT, the City of Lake Elmo hereby urges the
Metropolitan Council require Washington County to submit
all four required sites for a solid waste landfill in
Washington County exclusive of the Lake Elmo Regional Park
Reserve before any site is considered by the Metropolitan
Council.
ADOPTED, this the 15th. day of. December, 1981
by the Lake Elmo City Council.
SIGNED:
Maynar, L. E er, Mayor
AT EST:
Laurence E. Whitta 6r
City Administrator
STATE OF MINNESOTA )
COUNTY OF WASHINGTON) ss
CITY OF LAKE ELMO )
I hereby certify that I have compared the attached copy of
Resolution R-81-81 with the original thereof in the records
of my office and I find said copy to be a true, correct- and
complete copy of. the Resolution adopted December 15, 1981,
by the City Council, City of: Lake Elmo.
DATED:
(seal)
Laurence E. W ttalEe—
City Administrator
R-81-80
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
0
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
LEONARD HANSON FOR AN OPEN SALES LOT.
WHEREAS, Leonard Hanson has made application to the City
of Lake Elmo for a Conditional Use Permit to operate an open
sales lot on property .located at 10824 Hudson Boulevard,
legally described as follows, to -wit:
The South 627.9 feet of the West 618.0 feet of
all that part of the southeast Quarter of the
Southeast Quarter (SL^'; of SEA) of Section
Thirty-five (35), Township Twenty-nine (29)
North, Range Twenty-one (21) West, East
Oakdale Township, lying North of the
Northerly right-of-way of Minnesota
Highway No. 12.
WHEREAS, a public hearing was held on this application
by the City Planning Commission on December 14, 1981; and
WHEREAS, the City Planning Commission did, on December
14, 1981, recommend the approval of said Conditional Use Permit
with certain conditions; and
WHEREAS, the area in question is zoned to permit this
conditional use; and
WHEREAS, the application meets all other requirements
of the City Code.
NOW, THEREFORE, BE IT RESOLVED by the City of Lake Elmo
as follows:
1. The application for a Conditional Use Permit for
an open sales lot for Leonard Hanson on the above -described
property be, and the same hereby is, granted upon the following
terms and conditions:
A. No permanent structure shall be built in
support of this use.
B. The display area for all equipment including
the presently permitted horse trailers shall
not exceed an area in size of 150 feet by 300 feet
measured in an east -west direction and located
in the Southeast part of the above -described
parcel.
C.All other storage of equipment shall be stored
either inside a building or screened from
Highway 12 and the neighboring properties, all
as provided by the City Code.
2. The applicant shall execute a copy of this Resolution
indicating his agreement to be bound by the conditions contained
herein.
Adopted by the City Council of the City of Lake Elmo
this 15th day of December, 1981.
CITY OF LAKE ELMO
ATTEST:
r
Laurence E. Whittaker, City
Administrator
w "e Xe tdit-s
Mayna d L. Eder, Mayor
Leonard Hanson
-2-
i
R-81-78
RESOLUTION -
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING A SIMPLE LOT DIVISION TO WALTER
GOETSCHEL.
WHEREAS, Walter Goetschel has made application to the
City of Lake Elmo for..a simple lot division on a parcel of
land located in said City and legally -described as follows,
to -wit:
The South 1725.06 feet of the East 505.00
feet of the West Half of the Southeast Quarter
(W' of SE4) of Section One (1), Township
Twenty-nine (29), Range Twenty-one (21) West,
City of Lake Elmo, Washington County. Parcel
contains 871,200 square feet. 20 acres
subject to right-of-way of. 50th Street North;
and
WHEREAS, it appears the above -described land was not at
the time of the application a separately -described parcel
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 this simple lot division; and
WHEREAS, the City Planning Commission considered the
proposed simple lot division on December 14, 1981, and
recommended the approval thereof;
NOW, THEREFORE, HE IT RESOLVED by the City Council of
the City of Lake Elmo as follows, to -wit:
1. The application of Walter Goetschel for a simple
lot division for the real estate described above be, and the
same hereby is, granted provided this 20 acre parcel will
have adequate public access and will not create an unbuildable
land lot or nonconforming parcel; and further it is understood
h
this parcel is contiguous to land presently owned by the
applicant.
2. The applicant shall deliver to the City a deed
conveying to the City an easement for right -of -way purposes
over the Southerly 33 feet of the above -described parcel.
3. The City Administrator is authorized to approve the
recording of any deed required for transfer of the above --
described parcel.
Adopted by the City Council of the City of Lake Elmo
this 15th day of December, 1981.
Maynard Eder, Mayor
ATTEST:
t Low e CC 1 iUke. ti
Laurence E. Whittaker, City
Administrator
-2-