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HomeMy WebLinkAbout02-02-82 CCMMINUTES, LAKE ELMO CITY COUNCIL SPECIAL MEETING, FEBRUARY 2, 1982 Mayor Eder convened the Special Meeting at 3:15 p.m, with Councillors Fraser, Morgan, Mottaz and Novak present, AGENDA: M/S/P Fraser/Novak to approve the Agenda for the Special Meeting with the following changes: delete items 2 and 4C; add 7. Snow Plowing policies and a break at 4:30 p.m. 1, GOALS AND POLICIES, PARKS AND PLANNING COMMISSIONS: The Council agreed that the provisions for Establishment and Purposes were acceptable, COMPOSITION - —NNovHIF should keep 9 members on the Planning Commission as it provides a broader base for decisions and tends to insure there is a quorum at meetings. --Fraser - agrees --Novak - while she like the turnover insured by the provision that members of the Commissions may serve only two consecutive terms, she thinks this provision is desireable but not essential. Some long-term members are valuable and it is often difficult to get new members. --Fraser - believes it is healthy to have turnover on a voluntary group; thinks a break between terms, after two terms, is good; involves more people in the community. ,Mottaz P agrees with Fraser, Council should more actively recruit new members. --Morgan - does not see a problem, have had turnover. The Park Commission has had it. He does not know of one person who wants to stay on. --Mottaz - less damaging to adopt a policy when there is no problem, rather than when there is and Council wants to remove someone. Could ask people to serve longer if there are no volunteers at time of reappointment. , --Eder - Could indicate that person could serve another term after a one year break, MIS/ Fraser/Mottaz to approve the sections on Establishment, Purpose and Composition with the stipulation that a person could serve another term after a one-year absence from the Commissions. Motion passed 3-2 with Novak and Morgan voting Nay. QUALIFICATIONS,.'& REMOVAL --Fraser - Should not have provision for excused absences as it would be difficult to determine what is a reasonable excuse. --Eder -- thinks there should be a provision for exceptions if circumstances warrant it. M/S/P Eder/Fraser to approve sections on Qualifications and Removal provided that the.Removal Section reflect the Council may consider exceptional circumstances for absenteeism and the clause under Planning Commission show removal after missing 1/3 of the meetings instead of 6 meetings, SPECIAL CITY COUNCIL MEETING, FEBRUA.RY 2, 1982 -2- OFFICERS - Z!o_uH_c_'iT agreed that the Park Commission may have a Secretary if they so choose to. M/S/P Fraser/Novak to approve Officers section with that change. ,,ANNUAL MEETING - M S/P Morgan%F.der to approve the Annual Meeting section. REGULAR MEETING - Fraser the quorum section should be separated from Regular Meeting and put at the end of section on Special Meetings, Council agreed that Parks Commission should have just one scheduled meeting per month, the first Monday, at a set time. M/S/P Fraser/Novak to approve sections on Annual Meeting, Regular Meetings, Special Meetings and Quorum with Quorum moved out of Regular Meetings section and Parks Commission having just one regularly scheduled meeting per month, ING, PROCEEDINGS, RULES OF PROCEDURE, AGENDAS - M/S/P Novak/Morgan to approve these sections as written. RECORDS Council agreed the provisions were reasonable if a recording secretary is provided each Commission. Also thought it would l be good for City Administrator to attend Parks Commission meetings. M/S/P Morgan/Fraser to approve section on Records, TRAINING - M/S/P Eder/Morgan to accept the provisions on Training. Z&WERS AND DUTIES - M/S/P Morgan/Fraser to accept the sections on Powers and Duties, ANNUAL WORK PLAN - --Fraser -..believes we should add a Section to the Goads and Policies for the Park Commission which would require an Annual Meeting of the Commission and the City Council to set the annual work plan, list projects, points of interaction on projects and programs and plan a work schedule, --Mottaz - perhaps this could be done as a part of the annual meeting, --Morgan - the Parks Commission use to do this every year. They presented a summary of accomplishments the year before and reported on their programs for the next year to the Council each year in April. It stopped when the Council decided that should be done at Budget time and not in April. --Fraser - in answer to question from Novak, said there would be an exchange of ideas on the work program at this meeting rather than a Council directive to a Commission. M/S/P Fraser/Morgan to have a joint planning session with the Park Commission at the first meeting in April each year to develop the annual work plan for the Commission and a joint planning session with the Planning Commission at the first meeting in May to develop SPECIAL CITY COUNCIL MEETING, FEBRUARY 2, 1982 -3- PLANNING COMM1,SSION`'APPOTT4'.TMENTS M/S/P Novak/Fraser to move Planning Commission Alternate Members Moe and Maza,ara into full member positions vacated by Halden and Forsblad for the unexpired terms. M/S/P Novak/Morgan to reappoint Howard Michels and Vikki Gifford to 3-year terms, to serve until December 31, 1984. M/S/P Morgan/Novak to reappoint Bob Dreher to a3-year term to serve until December 31, 1984. The Council agreed that the policy on consecutive terms would not take effect until the hew Ordinance is formally adopted and published and each Commission member is made fully aware of the new policies, 2. Cancelled 3. LEGAL COUNSEL: Ray Marshall present._ --Novak - I abstained because I was concerned about the conflict of interest or the appearance of it. I have since looked at the alternatives the City has and I am satisfied with the present City Attorney; and, Ithink the conflicts that have occured have been handled. --Morgan - I have no reservations about Ray personally or profes- sionally. There was a conflict of interest with the firm a year ago and it -is worse now that we are renting from one of the partners in the firm. --Eder - is there anything we can do to improve our operations legally? --Marshall - none that he can think of.. --Eder - sometimes the Council'`s intent is not altogether clear as you do not attend meetings. --Marshall - yes, there are times when the Council's intent and questions are not clear. He would be happy to attend meetings when something difficult or controversial comes up. --Fraser - perhaps he should be there when the Gun Club and the Cimarron Golf Course come up. --Eder - expressed his concern over poor communication on the "no passing" problem on Highway 5. --Novak - suggested the Attorney come in whenever there is a question or problem on performance and not wait until annual appointment time, Council discussed best approach to assuring adequate legal assistance on complicated issues. Marshall explained that he attempts to provide definitive answers on legal questions when one is available, The law is in flux and all questions are not adequately covered. Some attorneys have definite answers on all questions and, in effect, set policy, He prefers to have Council adopt policy and askbim if it is legally sound or if there are any legal risks in doing so. --Morgan - Do you work for Brookfield Company? --Marshall - not personally --Morgan expressed concern that the Watershed District may ( often have different objective than the City and that this may be a conflict, --Marshall - Can be different; but, to date, have not had any actual - conflict. As long as he has more than one client - i5 not in the exclusive employ of the City- there is always a potential for conflict between his clients, Whenever there is, he advises both clients that he cannot represent thrm c __ �,___ SPECIAL CITY COUNCIL MEETING, FEBRUARY 2, 1982 LEGAL COUNSEL: -,Mottaz - feels we may be left without the benefit of an Attorney familar with our problems and point of view if we ever have a conflict with Watershed, Thinks it is valuable to have Attorney with view of the City in mind when conflicts occur. --Marshall - some used to think it was an advantage to have the same attorney to avoid duplication and provide continuity between District and City. --Mottaz _ when firm is so intimately involved in the development and growth of a small town, it may be hard to be objective about such issues. 'Also expressed concern that some things are not done in a timely fashion and that these annual reviews are +amended important to shake things up a little and get better service. 2/16/82 --Marshall - is occassienally guilty of a "case of the slows", --Morgan*. --F r- - is Ray *a 14. an investor in Brookfield. --Marshall - is a limited partner. Mayor Eder allowed a motion to reconsider the annual appointment of the City Attorney, M/S Novak/Eder to reconsider the appointment of the City Attorney. Motion passed 4-1. Morgan voting Nay. M/S Fraser/Novak to appoint Ray Marshall the City Attorney for 1982. Motion passed 4-1. Morgan voting Nay„ 4. A. PUBLIC INPUT: r-Fraser - believes we should have a clearer policy on public input. She thinks public input should be limited to directing Council attention to a problem or asking a question of the Council and not lengthy presentations about items not on the Agenda. Felt this has been abused, --Novak -Did not think it was abused. Thinks the public should have a right to tell Council their opinion; but, perhaps should be scheduled agenda item. --Morgan - the total time used by the public has been very low. --Novak - perhaps Administrator could put them on the Agenda and tell them time limit for presentation. --Eder � agrees --Fraser - suggested the following policy to control public input at Council, Planning and Parks Commissions meetings: Procedure for Public Hearings Format -- Reading of tMie Format and allotted time by the Mayor or Commiitee_Chairman_. 1. Presentation by proponents 2; Questions from Council and public to proponents 3. Statement/opinions offered by the public 4. Final statement by proponents 5. Close of Public Hearing 6, Council discussion 7. Council action Timing - An overall time limit should be set. Within that frame- work a subdivision of time should be set. These will vary depending on the magnitude of the subject. But, all should be made aware of them and they should be adhered to or formally changed. .L CITY COUNCIL MEETING, FEBRUARY 2, 1982 -5- PProcVure for* Public Hearings, -,,Continued 1—.The Mayor or Committee Chairman should remain in control, ( Meeting should not be turned over to the proponents, The Chair should recognize questions and referee the answering of questions. Back and forth argument between two or more people should not be allowed, Following the question period the Chair should thrank the proponents and have them sit down in the audience. 2, The Chairman should then announce that this is the time for the public to express their views. The proponents should not be allowed to interject their views at this time. This is_U e time for public comment, not for refuting public comment. 3, The Council or Committee should expect to hold their discussion, express their views and make the necessary decision. --Council agreed and directed the Administrator to write up this policy. --Eder .. suggested this be brought out in Newsletter and put on the wall of the meeting room, 4, B. LENGTH OF MEETINGS: --Morgan - they should be shortened. --Council - put licenses on after claims and handle all with one vote, --Fraser - Thinks the meetings would improve if: 1) Mayor would clearly state each Agenda item as they come up, 2) each Council member would be permitted to speak once to the issue before anyone speaks a second time, 3) discussion in this manner were limited to two rounds of the Council, and 4) discussion were limited to just the Agenda item at hand. M/S/P Novak/Eder to try this approach to running the meetings. 5, GUN CLUB PERMIT; Whittaker.explained that he has found that few other cities have good ordinances or standards for Gun Club construction and operation. He had found a firm to evaluate the construction and safety on the range and the Mn/PCA had agreed to evaluate the noise evaluation report prepared by the Oakdale Gun Club. It was his opinion that the Council ought to visit several other Metropolitan area clubs during the shooting season and that they ought to visit the Oakdale Gun Club during a tournament to see how they compare in scope and type of operation. The company reviewing the construction standards would not be able to complete the review until Spring, when they can visit the site and better evaluate the design and protection built into the club facilities. He recommended that the Council consider renewing the permit for the full year, for 1982, allowing the club to plan and organize its activities as they must do before the season starts; and continue to work on the review of our standards and the permit for consideration before the -permit is considered in 1983. ( ®Eder would like a schedule of events and hours of operation and a report on the Club"s intentions with respect to the noise improvements recommended in their noise evaluation report, before.. the Council renews the permit for 1982. SPECIAL CITY COUNCIL MEETING, FEBRUARY 2, 1982 -6- 5, GUN CLUB - CONTINUED: --Mottaz - said he wanted to clear up the impression that the City did not intend to renew the permit or planned to close the club this year, He said that was never the intent. He said the City has been defining and clarifying the conditions under which all Conditional Use Permits are granted over the past few years and this needs to be done for the Oakdale Gun Club. He said the record is very poor. He said this is mostly an administratove process and he is sorry if it has caused hard feelings, --Eder - would like to know how plans for 1982 season compare with 1981 season and how the club will be managed in 1982. =Fraser - not so concerned with safety or noise standards as she is with the nuisance of the noise that is head widely. She also thinks it is time to question if this is an appropriate facility for this area as it develops. --Novak - would go along with a permit for 1982 if we have firm limits on the number of events and tournments. She, too, would like to know who will be in charge and how the Club plans to handle traffic and parking, People are more concerned with the quantity of shooting and the hours than they are with actual loudness, -:-Fred Waterous, Oakdale Gun Club President - said the club could provide this information before the February 16 Council meeting. M/S/P Morgan/Novak to proceed with consideration of renewal for 1982, as indicated in the discussion, 6. A, USE OF FIRE HALL -CITY HALL: Whittaker explained that the Firemen had asked to control the use of the meeting room in the Fire Hall, They would like to make some improvements and have the meeting room serve as a social room as well. The Council felt that this meeting room ought to stay a community room scheduled byythe City, rather than the firemen. They felt there was a need for such a facility in the community and that the new Council Chambers should be reserved for government meetings,only. --Fraser - suggested use be limited to civic groups, fraternal organizations, youth groups and locally based non-profit groups, --Council - instructed Whittaker to look into fees for use of the facilities with the possibility that fees could be turned over to the Fire Department. 6. C. (1) and (2) RESERVATION OF PARK FACILITIES: --Morgan - Parks Commission had strong feelings about the hockey rinks, feeling the rink ought to be available for open skating because the open skating area is not big enough, --Novak - there are lots of boys - and girls - playing hockey and she would like to accomodate some formal hockey practice time on the hockey rink. --Whittaker - suggested a schedule would actually make it easier for people who want to use the rinks, Clear times would be set aside for free skating and hockey practice and everyone would know in advance. Talking about reserving 7 hours a week out of 50 for hockey. Suggested one hour each evening and hours before noon on weekends. SPECIAL CITY COUNCIL MEETING, FEBRUARY 2, 1982 -7- RESERVATION OF PARK FACILITIES n CONTINUED: M/S/P Mottaz/Novak to instruct the Administrator to schedule hockey for one hour per day and before noon on weekends, Ballfields - The Counc 1 expressed satisfaction with the way the ballfields have been scheduled in past years, 6. D, JAYCEE PROPOSALS FOR WEST SUNFISH PARK: --Morgan - the JAYCEES had discussed their proposals with the Park Commission twice and the Commission had been generally pleased with the proposal. The Commission had intended to do a Master Plan; but, with the JAYCEE offer to do this plan, they decided to wait to see what the JAYCEE''s came up with. If the Council wants to spend the money on a Master Plan, the Commission will proceed. --Mottaz - there are important concerns about the facility proposed by the JAYCEE's: the need for it, the size of it, its proximity to a residential area, the traffic and 200 car parking lot, the policy of someone other than the City controlling the use of a City Park, policing, the ultimate responsibility for the maximum use of existing ballfields already maintained by the City, furnishing ballfields for the County and the past policy of having a lower level of activity in the park. He recommends presenting the plan to the County for use in the Lake Elmo Regional Park Reserve where the facility would be more in keeping with the size and scope of the facility - and where it would serve the larger population of non -Lake Elmo residents. Fraser � read a statement that said the City already provides recreational services for many outsiders and, whereas, money is harder to come by all the time, she thinks the City should: first, consider the recreational needs of Lake Elmo residents; second, the City should give very careful consideration to the concerns and feelings of those living near a proposed facility when planning its use; and, finally, any facility that would be used primarily by non-residents should be shown to be self- supporting through use charges. -Novak r- would like to see an over-all plan, even if costly. She would like to see local use and is concerned about the proposal to move it to the Regional Park, as that is also suppose to be rather low intensity use. ,Mottaz - 14% of the park will be developed under Metro Council guidelines; so some development is going to be there. -Novak, does not want to develop a facility that would have to attract outsiders to our parks to pay for them. --Morgan , The City Council adopted a policy January 20, 1981, that called for West Sunfish Park to be a central active recreational area and said that a plan should be developed in 1982. The plan was not ordered because the Parks Commission was concerned about the cost. --Mottaz - this proposal is tcD intensive for Lake Elmo's central recreation needs. •-Eder , agreed with the proposal to encourage development of the ballfields in the Regional Park. Believes we may need one field in West Sunfish to serve area. ,SPECIAL CITY COUNCIL MEETING, FEBRUARY 2, 1982 -8- JAYCEE PROPOSAL � CONTINUED; --Morgan - there are lots of wooded areas in the park and the areas over the landfill are largely open and won't be wooded for years, The land is available for some kind of facility. M/S/ Mottaz/Eder to thank the JAYCEES for their efforts in developing the plan and to encourage the JAYCEES to present their plan for adaptation of the plan for the Lake Elmo Regional Park Reserve, Motion passed 4-1. Morgan voting Nay. M/S/P Morgan/Mottaz to instruct the Parks Commission to proceed with the development of a Master Plan for West Sunfish Park through a professional planner. M/S/P Eder/Novak to move Item 7, Snow Plowing, to Council reports at the evening meeting, Mayor Eder recessed the meeting at 6:05 p,m,. City of Lake Elmo SUMMARY of recommendations on scope and objectives of the Park and Planning Commissions 12/11/81 PLANNING COMMISSION PARK COMMISSION Establishment. A Planning Commission of the City of Establishment. A Parks Commission of the City of Lake Elmo Lake Elmo is hereby established. is hereby established. Purpose. The Planning Commission is estab-shed to meet the reouirements of State Statute; to develop and enforce the Comprehensive Plan and amendments thereto, subject to City Council approval and the requirements of the Mandatory Planning Act; and, to review and make recommendations on Subdivisions, Zoning applications, Planned -Unit Developments, and Site and Building Plans as provided by Ordinance. Purpose. The Parks Commission is established to review and make recommendations to the City Council on the future de- velopment of City parks,including the establishment of and improvements to said parks, and to make recommendations to the City Council on policies governing the maintenance and public use of the parks within the City. Composition. The Planning Commission shall consist Composition. Same as Planning Commission. of nine members and two alternate members. Members shall be appointed by the City Council for lthree year terms so that only one-third WVA of the ap- pointments will expire on December 31st of each year. No member may serve more than two consecutive three- year terms. Alternate members shall be appointed by the City Council to serve until there is a vacancy on the Commission or until they have served three years. The City Council shall designate a first al- ternate and a second alternate who will become full members in order of appointment and shall complete the unexpired term of the member they succeed. If the office of any alternate member becomes vacant, the vacan- cy shall be filled in the same manner in which the last -regular appointment for that office was made. Qualifications. Each member and alternate member shall Qualifications. Same as Planning Commission be a resident of the City of Lake Elmo. Wherever pos- sible, Commission members should represent all geographical areas of the City and a cross-section of the population of the City at the time of appointment. Syotes- 1. The Council should consider reducing both Commission to 7 members and two alternates. It would be a more manageable group to work with. °Wmnary of Recommendations on Park and Planning Commissions 12/ 11/91 page two PLANNING COMMISSION P12ES COMMISSION Removal. Any member or alternate member may be_removed Removal. Any member or alternate member may be removed by a four -fifths vote of the City.Council, for cause. by a four -fifths vote of the City Council, for cause. Cause shall include but not be limited to having more Cause shall include but not be limited to having more than three (3) consecutive unexcused absences or a total than three (3) consecutive unexcused absences or being of six (6) absences in a period of one calendar year. absent from more than one-third (113) of the meetings in any one calendar year.2 Officers. The Commission shall elect a Chairperson, a Vice Chairperson, and a Secretary from among its ap- pointed members at the annual meeting each year, for a term of one year. The Chairperson shall preside at all meetings of the Commission, if presentand shall perform all other duties and functions reQuired by State Statute.or assigned by the Commission or the City Council. The Vice Chairperson shall perform these duties in the absnece of the Chairperson. If a vacancy occurs in the Chairperson's office, the Vice Chairperson shall assume the Chairperson's duties for the remainder of the year; and. a new Vice Chairperson shall be elected Annual Meeting. The Commission shall hold an annual meeting the second Monday in the month of January in each year. Such meeting shall be devoted to the election of officers and such other business as shall be scheduled . Regular Meetings. Regular meetings shall be held in the City Hall at 7:30 p.m. on the second and fourth Mondays of each month. At any meeting, a quorum shall consist of two-thirds of the members. No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A regular meeting may be cancelle or rescheduled by the Commission at a prior meeting or if .na �r�F nn cnn Fr,l!P� r_7on^: -nma n -i-;R Th"rcnn•.r Notes: d 2. `the Park Commission generally has just 9 meetings; so, permitting six absences like the Planning CommiF-ion would RP 'r.rn 1?rRl'1 CC�irF. a7.. _ 'Summary of Recommendations on the Paris and Planning Commissions page three PidamuNy COt SSIOId PARES COMMISSION (Regular meeting continued) shall be by the affirmative vote of a majority of the members present. Special Meetings. Special meetings of the Commission shall be held in the City Pall at a time and place designated or at a public place at a time designated and shall be called by the Chairperson. Upon the written request of at least four members. the Chairperson shall be required to call a Special meeting to beheld within seven days of the request. Witten notice thereof shall be given to all members not less than forty --eight hours in advance of the meeting. Voting. Each member attending any meeting shall be en- titled to cast one vote. Voting shall be by voice vote. In the event that any member shall have a personal in- terest of any Rind in a matter then before the Commis- sion, he shall disclose his interest and be disqualified from voting upon the matter, and the Secretary shall re- cord in the minutes that no vote was cast by such member. Alternate members shall be entitled to cast one vote in the absence of any member. The second alternate shall be entitled to cast one vote in the absence of any two members. Special Meetings. same as Planning Commission. Voting same as Planning Commission. Proceedings. At any regular meeting of the Commission, Proceedings. same as Planning Commission. the following shall be the regular order of business: (1) Roll Call (2) Minutes of the preceding meeting (3) Public hearings as scheduled on the Agenda (4) Old and new business as scheduled on the Agenda (5) Communications (6) Adjournment Rules .of Procedure. All meetings of the Commission shall Rules of Procedure. same as Planning Commission A conducted in accordance with the Revised Robert's Rules of Order. Agendas, The Chairperson shall cause all items to be conK- Agendas. same as Planning Commission dered at any meeting to be placed on a written Agenda by the City Administrator. The City Administrator shall advise the Chairperson of any matters the Commission must consider by Courci? directive, Ordinance or Statute and shall have pr—ared -Summary of Recommendations on the Park and Planning Commissions page four PLANNING COMMISSION Records. Each formal action of the Commission shall be embodied in full upon the Minute Book as a formal motion or resolution after an affirmative vote as provided herein. The minutes of each meeting shall be provided to each member, the City Council, and the public no more than seven days after the date of each meeting. The recommendations and findings of the Commission shall be presented to the City Council at the next regularly scheduled City Council meeting. The records of meetings and actions and recommendations shall be transmitted to the City Administrator for keeping and distribution. PARKS COMMISSION Records. same as Planning Commission. Training. Commission members shall be encouraged to Training, same as Planning Commission avail themselves of training courses offered by the City, the State and other government and public training agencies and. the City Council shall budget for the reimbursement of expenses incurred in training each year. Powers and Duties. The Commission shall have the Powers and Duties. The Commission shall prepare, hold hearings powers and duties given to such agencies generally on, aid recommend to the City Council such plans, programs, by the laws of Minnesota and City Ordinance. Said and policies as it deems necessary to carry out the purposes powers shall include but not necessarily be limited of this Ordinance. Said powers shall include but not neces— to studying and recommending to the City Council sarily be limited to studying and recommending to the City Council on the following: on the following- (1) Prepare and maintain a Comprehensive (1) Land acquisition for park and recreational purposes; Plan for the City and amendments thereto, holding (2) Plans for major improvements in City parks; hearings on same,, for action by the City Council. (3) Rules and requirements for conduct of and in parks (2) Subdivisions including the review and recreational faciities; of sketch plans, holding hearings on, reviewing (4) Plans and programs relating to the design,and pro — and making recommendations on Preliminary plats grammirg of City Parks; and, aril improvement plaza, reviewing Final plats (5) Such other plans and programs as may be assigned holding hearings on and making recommendations from time to time. on Large Lot Subdivisions, reviewing Simple Lot Divisions. The Commission shall not be considered a Park Board under (3) Zoning applications including holding Minnesota Statutes and shall have no powers to acquire or hearings on a making recommendations to the City lease land, employ personnel, enter into contracts or leases, or Council on amendments including rezonings, site any similar powers authorized a Park Board by Minnesota Statutes. and building plans and Planned Unit Developments. (4) Such other duties as may be assigned from time to time. The CoT 'ssion is not a Statutory Zoning Board LAKE ELMO CITY COUNCIL MEETING, FEBRUARY A, 1982 Mayor Eder convened the meeting at 7:15 p.m. Councillors present: Fraser, Mottaz, Morgan and Novak. Also, l Administrator Whittaker. 1. AGENDA: Additions: 9. H. Use of old Council Chambers; 9. I. Snow Plowing, M/S/P Fraser/Morgan to accept the agenda, as amended. 2, MINUTES - JANUARY 19, 1982; M/S/P Fraser/Mottaz to approve the minutes of January 19. Motion carried 4-0-1. Morgan abstained. 3. CLAIMS: Additions - Duane Grace - $50.00 and -Lou Bracke - $57,09, for services rendered in helping interview Building Inspectors..and bill Mahtomedi for half. M/S/P Morgan/Fraser to approve claims 82137 thru 83183, including additions. 9. E. LICENSES: M/S/P Morgan/Eder to approve the following licenses: Heating Installer - Outdoor Coin Operated Machines - The Snelling Co Misty Inn Motel 1400 Concordia 9730 Hudson Blvd St. Paul, Mn, Lake Elmo, Mn. Pumping of septic Systems- 3M Tartan Park Ronald H. Meyer 11455 20th St. N. 5325 Manning Avenue S. Lake Elmo, Mn. Afton, Mn. Pinky's Croixland 13535 33rd St. S. Afton, Mn. 4. BOB LAFAYETTE - APPRAISAL FEE: Mr. Lafayette cancelled his agenda time with the Council. The Council discussed the disposition of Mr. Lafayettes bill as he contested the $400 amount paid by the City, and sent a letter to this effect to Councillors Morgan, Mottaz, Novak and amended Fraser. *As Mr. Lafayette has indicated he will have no further 2/16/82 dealings with the City,* -to Council action was necessary. City. No 5. DISPOSITION OF THE OLD CITY OFFICE: M/S/ Mottaz/Novak to lease the old City Office. Discussion: --Mottaz prepare a list of permitted uses along with the Ordinance requirements for use of the old building - spell out the requirements to avoid any misunderstandings between l the City and the leasee. CITY COUNCIL MEETING, FEBRUARY -�, 1982 -2- 5. DISPOSITION OF THE OLD CITY OFFICE BUILDING: -Novak - possibly just rent one section of the building and keep the garage area for storage of City park equipment. --Fraser - favors selling rather than renting. Renting will take City staff and Council time in rental function. Would like to see what type of offers would come in on a sale basis --Eder - would be interested to see what the competitive market has to offer. --Morgan - Favors renting the building out - prefers 1 yr lease. --Mottaz - can always sell later - does not feel would get a high offer in todays market. Would rather the City have a choice for a couple of years. Would not oppose a 3-5 year lease. Rent would be based on the number of years leased. --Fraser - short term leases would be the least desirable tenant. --Whittaker - lease would not include snow removal, utilities or tenant improvements. Insurance would only cover what is allowed under the City's General Liability aslowner of the building. Mottaz and Novak agreed to have the Adrud nistrator draft a lease agreement, for Council review, with rent set at $6500/yr for a 1 year lease and $6,000/yr for a 5 year lease, and including leasee responsibility for snow removal, utilities and improvements. Motion carried 4-1. Fraser opposed. 6. PUBLIC INQUIRIES: None 9. ADMINISTRATOR'S REPORT: A. General Liability & Property Insurance Bids - t Ghittaker-reporeported on t'e two bids received for the City's Insurance renewal. Aetna and the League of Minnesota Cities were the two bidders. Based on the bid information and the service received in the past, Whittaker recommended continuing coverage with Aetna. Whittaker explained why the City raised its coverage and the past experience the City had in soliciting bid proposals. M/S/P Eder/Fraser to approve Aetna Insurance as the City's General Liability and Property Insurance carrier. B. Lake Demontreville Access - 2 lots Whittaler brought t e Council up-to-date on the status of the Kubitschek/DNR/Derrick situation. As Mr. Kubitschek has defaulted on his contract with Derrick, the DNR is, dearling directly with Derrick on the purchase of two lots on 53rd St. N. The second lot is across the street from the one being negotiated f.Qr,.with Kubitschek. The DNR has asked the City's support in purchasing two lots. The Council did not favor the DNR acquiring two lots, anticipating higher development in that area; but, since Derrick is a willing seller, with the City having no say in the negotiations, the Council would support the proposal provided the second lot remain undeveloped. DNR has indicated they have no plans to develop the second lot. M/S/P Eder/Mottaz to accept the DNR proposal provided that the deed from Derrick to DNR include the restriction that Lot"1, Demontreville Highlands 5th Addition will not be developed for DNR access purposes to Lake Demontreville. Additional discussion was held with residents of the area later in the meeting.:' CITY COUNCIL MEETING, FEBRUARY 2,., 1982 -3- 9. ADMINISTRATOR'S REPORT: C. Animal Control Contracts M/S/P Mottaz Novak to renew the current Animal Control Contract with Jerry Dahlberg at the current rate to December 31, 1982. D. Joint Code Enforcement Contract - The Counci'3"rev�iewed EH67 dmin strator's comments,outlined in his memo, explaining the past procedure for the shared Building Inspector. He explained that the., formula for sharing expenses with Mahtomedi is not working very well; and,after..meeting with Mahtomedi's Administrator, recommended sharing expenses based on total number of permits and total fees generated, with no City paying less than 200 of the total expenses and getting no less than one full day service per week. M/S/P Morgan/Eder to accept the Administrator's recommendation - and rewrite the Joint Code Enforcement Agreement with Mahtomedi to reflect this recommendation. Mahtomedi requested a .refund for the difference between the actual amount of shared time and the billed amount of the shared time. This amounts to $1500. M/S/P Mottaz/Novak to reimburse.Mahtomedi $1500 .for over -payment of their share of the Code Enforcement Off.icer..for 1981, 7. ENGINEER'S REPORT: A. MSA 1. Alternatives Engineer Bohrer referred the Council to his letter of January 29, which outlines the alternatives, with drawings, and summarizes the meeting between the City Administrator, City Engineer, and the State Aid Engineer. After reviewing the three alternatives, the Engineer recommended the original alignment of .45th, from Jane Trail, to Julep to 47th to Keats. This would complete the immediate goals of the City. The long term goal would continue 47th, from Keats, to Kimbro to 50th. ending at County 17. MIS/ Mottaz/Morgan to accept the Engineers recommendation and adopt Alternative 1, with 40 mph curves. Motion carried 4-0-1 Eder abstained. Bohrer said the next step is to negotiate with the affected property owners. 2. Easements - Keats Avenue F�' Engineer Boger reported t at the property owners along Keats have been contacted, with the exception of Eleanor Raleigh, where an easement is required, the easements were explained and compensation discussed. He presented a table listing the results of the negotiations. Of the 17 property owners, eight have agreed to grant the necessary easements. He reviewed the concerns conveyed by the property owners with the assessment formula being a primary concern. As some of the easements will have to be condemned, this process taking up to 120 days, the Engineer recommended that the City Attorney be instructed to begin condemnation proceedings, in order to start the clock on the 120 day process and to indicate the City's resolve to those property owners that are unsure of the City's intent. CITY COUNCIL MEETING, FEBRUARY A, 1982 7. ENGINEERS REPORT: A. MSA - Easements Continued * adopt R-82-5, A Resol tion^instructing the City Attorney amended MIS/ Mottaz/Morgan to to proceed 2/16/82 with condemnation. Discussion: --Fraser - not ready to give forth the message that the City is showing its resolve. Opposes the motion at this time. Wants to review figures from residents that indicate maintenance of the road may be cost effective vs going ahead with the project. Motion carried 4-1. Fraser opposed. M/S/P Eder/Novak to place the assessment formula for the improvement of Keats Avenue be placed on the February 16 agenda for discussion and resolution. B. Bruce Hi11, -Large Lot Subdivision - Engineer Bohrer reviewed the Hill application. He commented on the access, drainage, easements and proposed design features, as outlined in his letter of January 29, 1982, Hill Large Lot Subdivision. He then reviewed his recommendations with the Council. Mr. Hill indicated that the reason for the request is that Parcel B is in the process of being sold to the property owner to the west. *amended *adopt R-82-6, a Resolution approving a 2/16/82 M/S/_' Morgan/Mottaz to*aro-ve t-1x,- large lot subdivision for Bruce Hill with the following provisions: 1. A 30 ft wide permanent road easement be provided along the entire west line of Parcel B. This would permit the continuation of Jerome Avenue N from Foxfire, immediately to the north. 2. A 40 ft wide permanent road easement be provided along the entire east line of Parcel A within the NSP powerline easement, per the Washington County Throughfare Plan. 3. A Certificate of Survey be submitted showing each boundary dimension and bearing, existing and proposed road right-of-way and easements, the location of the existing roads within the existing rights -of -way, and revised legal descriptions for Parcels A & R. Descriptions by exception are not acceptable Sketches of the above provisions are attached to the Engineer's letter of January 29. --Whittaker - Mr. Hill has requested that the City Attorney draft the deeds for this transaction, as he is providing the requested dedicated right-of-way. He would like to avoid paying an attorney to do this. --Eder - would encourage the property owner to draw an over-all plan for the parcel and, if going to place a house on the piece in the near future, locate the homesite so it would not interfere with a future road plan,' if the piece is platted. Motion carried 5-0. See clarification on Hill attorney request later in meeting. CITY COUNCIL MEETING, FEBRUARY :2. 1982 -5- 7. ENGINEER'S REPORT: C. Dean Johnston Shoreland Permit - Mr. Johnston owns the souther y most lot in the J.L. Cohn Plat, on the penninsula'between Lake Olson and Lake Demontreville. He is requesting a permit to build a retaining wall at the 930 elevation and fill to 932. Valley Branch Watershed District has granted a permit for this work. The Engineer reviewed the application and indicated that this meets the grade and fill requirement of the Shoreland Ordinance. He recommended that the filled -area be covered with top soil and seeded. He contacted the property owner and informed him that this lot will'still be unbuildable after the requested work is completed. Mr. Johnston said he uses the lot for recreational' purposes, and understands the lot will remain unbuildable, but, hoped that sometime in the future it could be a buildable site. Bohrer said this is the lowest lot in the area, and in his opinion, granting this request does not put the City in the position of having to grant a building permit for this unbuildable lot. M/S/P to grant a Shoreland Permit for Dean Johnston to build a retaining wall at the 930 elevation and fill to 932. In granting this request the City still maintains that this lot is inbuildable. D. Jamaca Avenue Paving - Whittaker reported onhis conversations with Schifsky and Springborn regarding their paving of that segment of Jamaca Avenue from Jane Road North to the cul-de-sac on Jamaca Avenue. All the affected lots have been sold and have access off of Jane Road or the existing cul-de-sac. Neither developer felt they had any responsibility for paving this segment of street. They did assume the cost of the existing road bed. Schifsky said he would bid on the paving, but would not give the City a deal. Engineer Bohrer explained the estimated paving costs for the remaining segments 300 lineal feet for $7400. --Whittaker - argument could be established that this is a benefit to the residents of Foxfire, Green Acres and Jane Road and access it out at $50 per residence. Determine the benefitted area and hold an assessment hearing. --Morgan City should not pay, either the developers should assume the cost or assess it to the residents along Jamaca or to the unsold lots in the entire development. --Eder - requested City Engineer prepare a recommended assessment procedure considering the petitioneers and their location, copies of the maps and benefitted property. The Council will review the recommendation and decide how to proceed. M/S/P Eder/Morgan to instruct the City Engineer to draw up a proposed assessment formula for the improvement of the remaining segment of Jamaca Avenue, per Eders request. BREAK: 9:00 P.M. CITY COUNCIL MEETING, FEBRUARY aY 1982 Hill Motion Clarification - __ Mottaz-clarified the motion on the Hill Subdivision, stating the motion did not include payment of Attorney fees as requested by Mr, Hill. This has not been a City practice in the past and the Council felt these fees should remain the responsibility of the applicant. 8. PLANNING COMMISSION RECOMMENDATIONS: A. Permitting Truck Repair in General Business - Whitt -a r reported that -E edPlanning Commission concurred with the Council's position to include truck repair, as a permitted use rather than a conditional use, in General Business. M/S/P Morgan/Mottaz to include truck repair as a permitted use in General Business,provided the General Business area is adjacent to industrial, manfacturing or warehousing. This will be included with additional code amendments, that will be submitted to the Council for approval, after review by the Planning Commission, B. Nominal"10's - WhittaK.er reported that the Planning Commission still supports its original recommendation that would permit road right-of-way to be included in the total land area of a 10 acre parcel - nominal 10. --Morgan - leans toward requiring the full 10 acres and grant a variance where necessary, ---Eder - Nominal 10 leads to selling 1/4 of 1/4 with poor attention to survey, 1/4 of 1/4 is a simple description to write - 10 acres would require surveying the parcel. 40 acres is considered more agricultural - less than 40 is just preserving open space. Council has agreed to nominal 401s, --Whittaker - a 1/4-1/4 could not be deeded unless it were on a road right-of-way. --Mottaz - will have to be prepared to consider alot of variances. M/S/ Eder/Novak to require a parcel to be a full 10 acres in size, exclusive of road -right-of-way or easements. Discussion: --Mottaz - this does not remove the possiblity of someone applying for a variance, --Novak - only one request, to date, going above and beyond of what might be - if barraged with requests could reconsider. Motion carried 4-1. Fraser opposed, 9. ADMINISTRATOR'S REPORT: F. Council Meetings - Use of the new CouR__cil Chambers - The Council agreed to continue to meet in t"mold Council Chambers, in the Fire Hall, until the new Chambers are completed and furnished. G. Snow Plowing Pblicy - .. ___.-,..._ --Eder - used on second week of the snow fall, feels a need to define when the sub -contractor goes out in the old village area and what he does for us vs what he does under other contracts. Also, develop a plan that would permit a change in -direction for plowing so that the same people are not always first or some always last, CITY COUNCIL MEETING, FEBRUARY ;k, 1982 -7- Snow Plowing Policy - Tne Administrator will meet with the new Foreman, Novak & Eder to set the parameters of the plowing policy for Council review. 10. COUNCIL REPORTS: A. Eder - No report B. Fraser - No report C. Morgas - No report D. Mottaz - 1. Requested the Administrator to get a price on a n6w:•gldss faced aerial map of the City, to be hung in the Council Chambers. If this is too costly, then, get a price on repairing and framing the present aerial map. 2;.,Recommended that after the Council Chambers are moved to the new facility, that the locks in the Fire Hall be changed and new keys issued. Keys should be stamped "Do -..Not Duplicate". 3. Recommended making a donation to the trust funds of the two firemen that were killed in the Brines fire. M/S/P Mottaz/Novak that the City of Lake Elmo send $100 to each of the trust funds for Bruce Rayburn and Robert Hays. 11. SCHEDULE PERSONNEL COMMITTEE MEETING: Tabled until April or"May. 12. SCHEDULE DISCUSSION OF POSSIBLE BUDGET CHANGES: The Council members will prepare individual lists of suggested budget cuts for discussion February 16. DEMONTREVILLE ACCESS - RESIDENT INPUT: Several residents from Demontreville Highlands area came in to discuss the DNR/Derrick proposal for the Demontreville access. Mayor Eder reviewed the Council's action, then opened the floor for their comments. Dave Garloff - questioned the status of the resolution,previously passed, to proceed with condemnation of the Kubitschek lot. Eder - explained the DNR position to avoid condemnation and Derrick's agreement to sell them two lots. Strong sense of feeling that the Council does not like this, but, this may be the way to get it back and get it done. Other approach may put it back in limbo. Greg Foucks - what guarantee is there that in five years the DNR cannot come back and request that extra lot be used for access purposes. Eder - are requesting a stringent restriction, approved by' -the City Attorney, that will remain binding down the road. Mottaz - have to put some faith in DNR and believe they will do what they say, and cover ourselves as best we can. Al Noreen - Has no faith in the word of the DNR. People change and promises fall by the wayside. Not enough guarantees - why give it to them at all. Jim Yarusso - Signed plan and petition as citizens stating we would not oppose these plans. These plans now changed. Would like the petition back that was sent to the DNR and something done that indicates citizen support is withdrawn as the program is changed, CITY COUNCIL MEETING, FEBRUARY J,, 1982 -8- DEMONTREVILLE ACCESS: --Fraser - at a point City control stops. This seems to be the most judicious move given the circumstance. Ownership of the lots has changed and the new owner is a willing seller. -Novak - DNR does not heed the City's agreement to support condemnation. Only way City can have its say is to request that restrictions be placed on the deed. --Whittaker - DNR approached the City and requested support, but this support is not necessary for them to proceed. No need for them to condemn - have a willing seller. DNR did &greeato develop the access as proposed - one lot for parking and leave the other lot vacant, --Al Noreen - would like to hear the City Attorney say, that as it stands, the DNR cannot develop the other lot - not that it is a Council approval item. This is primary concern. --Eder - deed restriction has to be very specific. --Morgan - should require a plan from DNR, showing both lots, and indicating the second lot will not be used for parking or public use, Plan should indicate berming and vegetation around and on the second lot to hinder its use by the public. The plan plus restrictions on the deed should provide a strong position of control. --Mottaz Motion implies or states that if the Council cannot get the guarantees on the use of this land, than the Council will go on record opposing the purchase of the additional -.lot. Time will be provided on the next agenda for a status report. ADJOURN: M/S/P Mottaz/Morgan to adjourn at 9:45 p.m. RESOLUTIONS: 82,5 :Condemnation for Keats MSA 82-6 Hill Large Lot Subdivision R-© 2-a RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION DIRECTING THE CONDEMNATION OF CERTAIN EASEMENTS FOR THE MSA PROJECT ON KEATS AVENUE IN SAID CITY. WHEREAS, it is necessary, advisable and in the public interest that the City of Lake Elmo conduct certain street improvements on a portion of Keats Avenue in said City; and WHEREAS, in order to accomplish such purpose, it is necessary to acquire easements on certain lands adjacent to said project as more fully set forth in the Engineer's Report; and WHEREAS, the City has offered to purchase such easements from the owners at prices deemed by the Council to be favorable; and WHEREAS, the owners of said lands have refused to accept the offers; and WHEREAS, the City is advised and believes that the.'most feasible location for such road improvements is on the lands described in the Engineer's Report; and WHEREAS, by reason of such refusal. to sell the easements to the City, it has become necessary to procure title of said easements by right of eminent domain; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City proceed to procure title to the necessary easements for said project under its right of eminent domain and that the City attorney be, and he hereby is, directed to file the necessary petitions therefore and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City or by the Court; and that the City attorney, the Mayor and the City Administrator do all things necessary to be done in the commencement, prosecution and successful.termination of such action. I Adopted by the City Council of the City of Lake Elmo this 2nd day of• Pebruary, 1982. Mayna d, L. Eder, Mayor ATTEST: Laurence.E. Whittaker, City Administrator j -2- RESOLUTION WASIIINGT CITY OIL LAI{E ELMO ON COUNTY MINNESOTA A RESOLUTION GRANTT.NG G. I3ILL. A LARGE LOT SUBDIVISION To BRUCE WHEREFORE, Bruce G, g Y of .Lake Elmo i11 has Made follows, to_ Lake Elmolande lot subdivssi n of°n to the the City ofor w.1t; Pr°Posed to °p land Parcel '$ be 1e9a11Y ied A'; described 5ectirl - TAll that part of Gov Washinn 10 ownsh' 29 nme gton North er Commenst d County` Minnesot Range 21 t Lot 2, ;alo• thenceaSouth NOtheastacorscrlbed asOfo Lon the 880057' 5„ corner of Vows; distance North line of 0� West asstaSaid Governme of the °f 558.73 fee said Govern ed bearin nt ast, aid. nd t0 be descrito t_he Pointent Lot, a g. 3'43" WeS Lance o:E 379.61ed; thence outbegonn1ng t a d1r1 -stance of 522 t95 thence South 1� Oo oath e Northeaste I ad No6thea54'53" East, lonea°f "DAWC N ACRES fee� to a. Point 570.06 sterly line nit sUmed g; thence e said feet, to of bearin n c Cove Its 1ntersecti°,ACRES" g °ng said South Lot 2; the wit$ oha distance I e SOuoheast co.rline, a di.stane North South line 88 53'51" East, 09 ner of Ce °f 446,12 ernmeiit 'Lot West feet t theist oor a distance the EastmlnoeLot; thence 7'OS" Wester Of, said Gov rn 3-16.85 feetftSaid a distanc along the Nor ment x,0 o the lining, e of 558.73 feet tcrn.thO po Yi�dnGovernment Ct to 00 of ast 40. 40. foot wide et 00 feet of theaboveadascrsement over I e asementlov�00 foot wide e1e lbed property. bed Property the East 125.00 tfeei lotrthamission �dey "B"; above A11 that part Of Government Lot � 2, Section CLAIMS TO BE APPROVED AT FEBRUARY 2, 1982 COUNCIL MEETING 62137 Postmaster $ 200.00 82138 Petty Cash 45.62 82139 LaFayette Co. (replace ch. # 82105 for $650.) 400.00 83140 League of Minn. Cities - 1/27/82 conference 60.00 83141 State Treasurer - Soc.Sec.Ret.Div. - Jan. contr. 1,313.18 83142 Commissioner of Rev. - Jan. State Wh. 548.80 83143 St. Bk. of Lake Elmo - Jan. Fed. Wh. 1,577.70 83144 Laurence Whittaker - Feb. Expense 50.00 83145 Kathleen Crombie - 1/11 & 1/25 P.Z.C. Meetings 50.00 83146 James McNamara - Bldg. Insp. Mileage - Jan. 127.75 83147 Gerald Dahlberg - Jan. animal control officer 267.00 83148 Washington National Ins. Co. - Feb. Hosp. 603.14 83149 Allied Group Ins. Co. 71.04 83150 Minn. Benefit Assn 26.40 83151 Mary Meyer - 1/26/82 newsletter 175.00 83152 Duane Grace - 12/14/81 thru 1/21/82 Bldg. Insp. 771.49 83153 Yocum Oil Co. - 30 gal drum of oil 134.40 83154 International Harvester - Truck Parts 53.20 83155 Paper, Calmenson & Co. - Grader Parts 71.24 83156 Stillwater Book & Stationery - Office Supplies 65.65 83157 Four Seasons 14.30 83158 Bruce Folz - Hedges Survey 85.00 83159 Lake Elmo .Repair - Truck Repair 102.67 83160 Northwestern Bell 168.56 8316l The Kunz Oil Co. - Fire Dept gas 120.90 83162 Volunteer Firemen's Benefit Assn - new member dues 6.00 83163 Brockman Motor Sales - Fire Dep't Truck repair 197.14 83164 Water Products Co. - Clamps & Parts for water dep't 202.45 83165 No. St. Paul Plg. Fix furnace in council chambers 68.00 83166 T K D A General $ 277.38 Landfill Siting_ 945.63 M.S.A. 232.28 Water Dep't 91.25 Pass Thru 595.54 2,142.08 83167 thru 83181 February 5, 1982 Payro l 4,500.00 $ 14,218.71