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HomeMy WebLinkAbout03-02-82 CCMLAKE ELMO CITY COUNCIL MEETING, MARCH 2, 1982 Mayor Eder called the meeting to order at 7:15 p.m. Councillors present: Fraser, Mottaz, Morgan and Novak. Also, Administrator Whittaker. 1. AGENDA: Additions - 10. Engineer's Update on Landfill Siting; 12. Mottaz - Council Report; 13.F. Sale of old table in Fire Hall; 13.G. Lease of old City Office building; 13.H. Business Communication Seminar. M/S/P Morgan/Novak to accept the agenda, as amended. 2. MINUTES - FEBRUARY 16, 1982: Correction of correction in February 16, minutes - ° Item 4. No Council action was neeeasary taken. M/S/P Morgan/Mottaz to approve the minutes of February 16, as amended. 3. CLAIMS: M/S/P Morgan/Novak to approve Claims 82237 thru 82283. 4. LICENSES: M/S/P Morgan/Novak to approve a license for two outdoor Coin operated machines at Kunz oil, Roy Menne, 11985 Stillwater Blvd. 5. FIRE CHIEF KUETTNER: A. Radio Room Block;;Woik- Kuettner requested Council authorization to expend $570 for block - work to construct a radio room in the Fire Department. David Bjurnstrom, a local contractor, bid the job. This will be a sound proof room located next to the mens bathroom (old kitchen) The firemen will put in the acoustical ceiling, door and a bay window. $2100 is budgeted for this project. --Novak — recommended that the Building Inspector look at the proposal to see if additional work can be incorporated with the project. --Eder - relocation or improvement of the bathroom facilities might be considered at this time. Look at the floor area in the mens facility. M/S/P Morgan/Mottaz to authorize the requested radio room work including $570 for blockwork, conditioned upon inspection by the Building Inspector and that additional minor improvements to the area be incorporated with the project, per the Building Inspectors recommendation. *See Mottaz recommendation under Item 12. B. Fire Department 25th Anniversary - Chief Buettner outlined tenative ideas the department had for acknowledging the department's 25th Anniversary. 1. May 23, 1982 is the anniversary date. The department would like to hold an open house on Saturday May 22. Retired members would be invited to jointhe'department `and -the"Council in a commerative celebration in the evening. 2. The department would like to have 1 or 2 Council members work with them on organizing the event. Mayor Eder appointed Jess Mottaz and Jean Novak to work with the, Fire Department on planning the anniversary celebration. A progress report will be ready by the April 6 Council meeting. CITY COUNCIL MEETING, MARCH 3, 1982 -2- 6. CANDIDATES FOR PLANNING AND PARK COMMISSION VACANCIES: A. Planning Commission Alternate - The Council reviewed the application of William Peterson, 2778 Legion. Mr. Peterson confirmed his desire to serve on the Planning Com- mission and answered questions of the Council about his interest in the City and how he felt he could serve the City by actively participating on the Planning Commission. Mr. Peterson has been a resident of Lake Elmo for four years; and was the only applicant for the Planning Commission position. M/S/P Morgan/Fraser to appoint William Peterson as lst Alternate to the Planning Commission to serve until a vacancy occurs or until December 31, 1984, whichever comes first. B. Park Commission - Vacancy and Alternates - Three residents applied for -the Par'�C 'Commission positions, Charles Clausen, 63 Cimarron, Nancy Hansen, 8024 Hill Tr, and Arlyn Christ, 8928 36th St. N. Mr. Clausen was the only applicant available for interview at this meeting. Mrs. Hansen and Mr:: Christ will be available on March 16. Mr. Christ would like to be considered for the alternate position only. The Council reviewed Mr. Clausen's application and directed questions to his position on vandalism, past experience involving parks and his interest in preserving open space and natural resources. Mr. Clausen has been a resident of Lake Elmo for 3 1/2 yr. In fairness to the other two applicants,the Council decided to delay making any appointments. M/S/P Mottaz/Novak to table any decision on Park Commission appointments until all the applicants are interviewed. 7. PUBLIC INQUIRIES: None 8. CUP - CIMARRON GOLF COURSE: The Council reviewed Cimarron's response, as outlined in the Administrator's memo of February 24, 1982. --Mottaz - asked Mike Ahrens about the response,the Council requested, from their insurance company on add.ttional coverage that could be passed on through the green fees. --Ahrens - after talking to their insurance agent, they determined it would be more financially feasible for Cimarron to share the deductable amount of the homeowners costs on a 50/50 basis. --Fraser - finds Cimarron's response, as outlined in the memo, completely unacceptable. Two issues - noise - memo indicates Cimarron is going to inquire about improving - this is taking too long to do too little. Other issue - insurance,- responsibility indicated in Cimarron's letter is completely unacceptable - would p.reter,)to change concept to the wording that came from the City Attorney's office„(per Fraser's request), that being,that Cimarron shall be responsible for any damage to persons, passing vehicles or adjacent buildings as a result of activities on the golf course. This is the wording that should be in the CUP, --Mottaz - agrees with Fraser - not satisified with what Cimarron is committing (in their .letterl PCA standards is not the question - not the loudness of the noise, but the nuisance £actor of the noise. Nuisance factor is not established by State or Federal standards - nuisance factor is something determined by the local unit of government. CITY COUNCII, MEETING, MARCH 3, 1982 -3- 8. CIMARRON CUP - CONTINUED: --Mottaz - Would like.to see figures on increased liability costs, --Ahrens - Cimarron would not like to communicate in writing to the City the plan the Council Aas proposed for sound and the level, of responsibility. If this is what the City wants written in the Permit, in order to grant it, this is what they will live with. Cimarron''s position is that they cannot say that they are liable - insurance company says they are not - however, they have said they can do this sort of thing if it is requested as a condition of the Permit. --Fraser - could you not come back to the Administrator with the steps taken on the muffler question. --Ahrens - Cimarron would like to be allowed to have a piece of equipment out on the grass area prior to the time indicated in the Ordinance (7 - 7:30 a.m.), with muffling. --Mottaz - you are telling us to write up what we are demanding and then you are going to have to do something to live with it. --Ahrens - have met with the Council -both sides¢ -stated and under- stood. This is a permit they would like granted. If you feel that there are conditions to it - specifically noise and insurance this is what they will abide by. In response to Mottaz's question on providing insurance figures - Does not believe Cimarron would have insurance coverage for the plan, as suggested here, they would not use insurance coverage - would self insure.. MIS Fraser/Mottaz that the Conditional Use Permit for. Cimarron Golf. Course be drafted with the following conditions: 1. Cimarron be responsible for any -damage to passing persons, vehicles or adjacent buildings as a result of activities on the golf course. 2. No mowing will be done within 1000 ft of residences before 7 a.m. on weekdays and 8 a.m, on Saturday and Sunday. Discussion: --Fraser. - not tied into 1000 ft. - just wants something specific for discussion. --Novak - disagrees Cimarron should take total responsibity. Golfers have to take some responsibility. --Mottaz - difficult to police golfers who do damage. Only way homeowner can be protected is if the golfer pays a certain amount towards his liability each time he _golfs. Resident Comments: Don Moe - Agrees with Fraser and Mottaz on liability. Concerned on the noise nuisance factor. People work and do not want to be awakened at 5 a.m. in the morning. Cimarron is proposing to continue as they have in the past - mow when they want to. Would like to see the Ordinance requirement adhered to. --Tom Guindon - has researched the insurance question. Surveyed the majority of golf courses in the Metropolitan area on how they handle this question. Three major courses indicated that their insurance picked up the cost. By Cimarron requesting the City to give them a letter stating they have to pay 1/2 the homeowners deductible, thb(aVomeowners will have to turn in a claim each time there is damage, thereby, riskinq cancellation because of too many claims. Cimarron is coming out ahead by this action vs the homeowner who will face problems with their insurer. Opposes this idea. CITY COUNCIL MEETING, MARCH 2, 1982 -9 - 9. MSA CONTINUED: --Bohrer-in response to Mr. Slawsons question on future assessments for improvements to 45th, Julep and 47th Streets,- in order to assess the residents on Keats the City would have to show benefit. Keats would not be considered a benefitted area for this project, as that area was not considered a benefitted area for the Keats project. M/S/P Mottaz/Morgan to adopt the assessment -policy outlined in the City Engineer's memo of February 25 to assess the ineligible costs for the Keats Avenue project, only, to all parcels which abut the improvement on a per driveway charge, based on present zoning. Parcels with more than one driveway charge to have the option of deferred payment with interest added. M/S/ Morgan/Mottaz ordering MSA Project 1, the improvement of Keats Avenue, only, and instructing the City Engineer to make every effort to minimize the cost and impact on the residents along Keats Avenue, and take every consideration to save trees and other natural amenities. Discussion: --Eder -a dilemma with engineering standards; but the cost of graveling the road with Class 5 gravel is $5,000 more than the entire cost being assessed, not including grading or oiling. Key to development pres- sure lies with the property owners deciding to keep the land ag rather than the paving of the road. Speed is a concern - enforcement will have to be initiated once the limit is set - this should help. --Novak - did not find the project feasible at $1,000,$2,000 or $3,000 assessment per driveway or lot - $783 per lot is a burden, but feels this lesser amount avoids the selling of land to pay the cost of improvement. Speed is a problem whether the road is paved or unpaved. City will have to have the deputy patrol or monitor this area very closely. The one step at a time approach will help to avoid this becoming a big open tunnel way - still will not be the easiest way to get to Hwy 36. --Council discussed load limits with the audience. --Eder - favors the project - declared his father owns property that abuts this road - he has no interest in land along Keats. Motion carried 5-0. 10. STREET LIGHT STANDARDS: The Council reviewed the revised Street Light Policy, as recommended by the Planning Commission. The policy provides a standard for the fixtures and the installation of street lights, as prepared by the City Engineer. The policy leaves the requirement for street lights up to the discretion of the City Engineer.. The Council decided to delete #3 - reference to population density. M/S/P Morgan/Eder to adopt the revised Street Light Policy, deleting reference to population density, per the recommendation of the Planning Commission. 10A. LANDFILL SITING PROCESS: Engineer Bohrer updated the Council on the landfill siting process, as it affects the City. CITY COUNCIL MEETING, MARCH 2, 1982 W-Z 9. MSA PROJECT - CONTINUED; --Steve Raleigh - have you ever considered a compromise between kbeping the road on the section line and moving it to the present location - the present location being 15' off of center between Crocker's and Raleigh's - --Bohrer - less than 15' about 5-6' Engineer and Mr. Raleigh reviewed the map.. --Eleanor Raleigh - how much money will be paid to the people on the west side of the road and how much will it cost to fill in the 30' drop on the Raleigh property. --Eder - explained that if it goes to the north it is the slopes and the problem that the road is flat - not many feet - but takes much more dirt. --Fraser - would like to pursue the ,b-uaiding up 'and, restoring possibility-. --Bohrer - possibility fo�`both Raleigh and Crocker. In Raleigh case to flatten it out and make more useable would take out more trees. Made it as ;,narrow as possible to avoid this. --Mottaz - should consider the cost of transplanting ornamental trees. Try and work something out with the Crockers. Understands they would gain more by having the fill and redepositing their top soil then they would by moving the line. Still would be some slope if the line were moved. --Bohrer - concurred - in front of the deepest ravine in front of the Raleigh property the present in place road is just 5' off. The most that would be gained would be 5'-there still has to be a slope. Could make a new garden spot on the Crocker property, - before making a commitment would have to look at it again. --Mottaz - should go as far as possible with economic restraints to minimize the impact on these individual cases. Would like to see some plan worked out. --Bohrer - excess material will be available - if a property owner could use this and it could be deposited reasonably - it is available. Regarding the trees mentioned - planting of trees would be eligible for State Aid reimbursement. However the City does not have any more money so any planting done under the program would just go back into the non -funded costs and reflect back in the assessments. Have suggested that the City get into some type of a seedling program where trees could be made available at a minimal cost. --Steve Raleigh — understands that th.e.difference between leaving the road where it is and putting the road on the section line is 5'. (Bohrer - in this particular area in front of Raleigh's',& Crockers) Disputes the costs of acquiring this property. --Bohrer - shifting the 5' will not eliminate the need to get easments from Mrs. Raleigh. --Raleigh - point is aimed at saving a large oak tree that is in the 5' temporary easement area and will be covered by the 2 to 1 slope. Asking that the easement could be somehow shifted in order to save this tree. --Mottaz - this could be a consideration along with the Crocker garden. Larry Bohrrer will look at this. --Whittaker - explained City policy concerning deferred assessments, which provides for assessments to be deferred on all but the driveway currently being used. The entire assessment could be paid now or defer payment until the property was subdivided. It would be at the option of the Council that an interest clause would be added to the deferred payment. CITY COUNCIL MEETING, MARCH 2, 1982 -7- 9. MSA PROJECT - CONTINUED: --Herb Crocker Keats Avenue - Commented on the need and cost per vehicle use on the road. Traffic count indicates 200 cars per day, or 73,000 cars per year - with the $304,000 construction cost this would mean each car is paying the equivalent of 20fi toll per car per trip. On a gravel road this amount would be 1.3@, including maintenance costs. This project is an extravagance we cannot afford. Agrees with Mr. Slawson that this is the kind of thing we should not be talking about. Is going to lose his garden, and there is little area elsewhere on the property to relocate it. Forcing development in an agriculture area. Trying to keep green acres. --Ed Stevens. - everyone assumes no matter what the location of the road it has to be straight. Over the years have determined it is better to put curves in highway, developments have curved roads. Engineer's drawing for ah..alternative alignment of 45th Street had a substantial curve. If the road has to be built - agrees there is no need to upgrade Keats -, why not do at the minimum cost level and put a few gentle bends in it. The road could then slightly avoid the areas where there is a steep drop thdt requires alot of fill and avoid areas with high rises that require extensive excavation. Costs could be reduced and objections might be reduced. Times have changed and should considers" doing things with "the minimum amount of expenditure and minimum amount of expenditure of energy. --Bohrer - this design is based on minimum cost. No problem putting curves in as long as it is done properly and based on sound engineering principles. To avoid one area have to gradually move the road over and this may encroach on another area that presently the road is not meandered upon. Brought up interesting point that gasoline and fuel is often an overlooked cost in construction. This road has excess excavation on it - there will be a surplus of material when completed. This can either be disposed of on site and thereby reduce the costs or can be completely hauled off the site, this is considerably larger expense. All these factors were taken into account - firmly believe this design, with the guidelines we must work under, is the most cost effective design. In this case,the general statement is not made that a straight road is cheaper than a curved road. In this case, a straight road is the most cost effective. --Ed Stevens - Personally-doubts.this fact. --Mrs. Crocker - concerned about their garden. Assuming the road goes through, how far will it come into the garden and at what degree. --Bohrer - the stakes that were placed were based upon the road following the section line. This is the worst case and approximate limit of the slope. --Mrs. Crocker - if the road is built here, it will be at such an angle that only a very small area of the garden can be used. This will deprive them of a garden they have had for many years. There is no other place in the.yard to put the garden. Compensation would not cover the loss.'- --Eder - suggested using surplus material to raise the garden and / change the slope, --Bohrer - this could be done. Would be very happy to have someone take additional fill. This design was based, per Council instruction, on keeping the road as narrow as possible. Would be agreeable to do something in an individual case. CITY COUNCIL MEETING, MARCH 2, 1982 Z-z 9. MSA PROJECT - CONTINUED: --Bohrer - would be more costly because it would necessary to purchase 30 ft. on the west side vs filling 15 ft on the east. He explained all the property owners were offered the same rate of compensation. The compensation for the land has not been the determining factor whether to agree to an easement. --Eleanor Raleigh - asked what will happen to the Maple trees that are within the staked area. --Bohrer - stakes indicate the limit of the easement to be purchased. If right on the line, chance they could be saved. --Eleanor Raleigh - upset about the destruction of the wooded area. Going to have a freeway, speeds up to 55 mph, traffic will increase because all the people from Lake Jane will use this road. Thinks this road is being built for the people in that direction. --Bohrer - have never heard from anyone, one way or the other, other than the residents who live on the road. --Lyle Slawson 5550 Keats Avenue - times different now - Federal Government is busted, State of Minnesota is busted and we're taking and using an MSA funding to put a burden on a select few people for a high- way. Seems when you make a highway, and benefit the township that the costs should be spread over the entire City. Oppose6 the road - destroying the rural atmosphere. Sees no benefit to the residents who are living on this road - except for a select few people. Farmers are not getting any benefit. Farmers are the ones who have saved this land and kept it the way it is now, not the people who moved out and bought 5 acres 2-3 years ago. Destroying the farm area a little at a:.tme. Does not feel it is right to put a burden on a select few people. Presently five small farms on this road today and have kept it farm land. If a developer got it it would be 'all houses, if a big farmer got it, everything would have been cleared off and plowed every bit of ground and loaded it with pesticides. Once you drive the small farmers out there isn't another small farmer who will come in, could not afford it - will be a land company or a large farmer. Neither one is interested in that land. Land is the most important thing we have right now. Cannot match it with a dollar sign. Wasn't it the intent of the Comp Plan to preserve the small farmer? Destroying it in a little area because we have this funding. If did not have the funding Keats Avenue would not be mentioned. In the nine years hatre been out here - have not seen one car stuck on Keats Avenue except in the winter time - has to be a good road. Just because we have this money why do we have to use it on this one mile - isn't there a better way for this money to be used? Not against MSA funding; but the State is busted. State announced they are cutting back on highway construction because they are broke. Here taking this money and putting a burden on a handfull of people. How much are you paying for trees? --Bohrer - each tree will be appraised on its'own worth. --Slawson - if the road is built - should set up a different type of funding over and above the MSA funding. Should be done for all the gravel roads in the township. --Fraser City could not begin to consider paving - cost prohibitive. Slawson - all of the people should share the cost. --Mottaz - this is the easiest way on the homeowners to fund a road. Many farm communities have blacktop roads, property owners were not forced to sell, did not change the rural atmosphere. Several points that cannot agree with. CITY COUNCIL MEETING, MARCH 2, 1982 -5- 9. MSA PROJECT - CONTINUED: --Fraser - reviewed the Council's direction to the Engineer to look at the whole roadway and determine how the least property could be taken and reasonable divide the area where property acquisition would be necessary. Believes the present alignment is as fair an alignment as possible from the point of view of using property. Previously it was heavily shifted property from the east. Now more equitable. -S. Raleigh -what is the proposed speed limit. --Bohrer design speed is 40 mph. Should be posted for this. -S. Raleigh -do State Aid Standards provide for limiting Keats to 40 mph, or do you have to start at 55 mph and petition down to 40. --Bohrer - no. The 4esign speed is set on the amount of traffic. Can select the design speed between 40 and 55 mph, Have selected 40. -S. Raleigh -questioning the intention not to put a culvert on the north side of the Payne driveway. Great deal of washing in this area - mistake not to include a culvert in E/W direction under Keats, north of Paynes driveway. Not one there now. --Bohrer - presently an existing culvert 200 ft. north of Paynes driveway: crossing in E/W direction. Proposed to replace this culvert with a larger one (18"). Fkesent cross culverts will be properly sized and replaced. --Bob Ziertman 10193 60th St. can,properties have as many entries as the owner is required to pay per lot. Bohrer - no reason why not. Planned to replace present entrances. If additional entrances would be requested the Council could ask this be provided. Would have a minimal effect on the cost of the project. Ziertman's presently have two entrances. Bohrer's only concern would have to look at the one closest to Hwy 36. There may be some regulations on the location of this one, --Dorothy Ziertman - entrance near 36 used for more than a field entrance. Questioned liability and right-of-way of slow moving vehicles.if hit by another vehicle. --Bohrer - if the vehicle is marked "slow moving vehicle" presumes liability would lie with the other vehicle. Legal question - does not know. Sight distance will be improved. --Ziertman - not clear exactly where the roadway is in relation to his property. Would like another meeting with the Engineer to clearly define the roadway. =-Dorothy Ziertman - how did you arrive at the cost per lot. --Bohrer - detailed estimates have been prepared, based on other bids for similar work - these figures are estimates, but are close to what the final costs and assessments will be. --Eleanor Raleigh - 5193 Keats - Larry Bohrer gave Mrs. Raleigh a breakdown of the road costs and the amount MSA funding will cover. He explained that a "lot" constitutes 1 driveway per 40 acre parcel in Ag, with figures based on present zoning. He explained that Ag Preserve status is not available yet,. Ag Preserve, though, will not exempt property from road or drainage assessments. Mrs, Raleigh stated she would like to see the entire project abandoned and leave the ® road as it is, a country road. --Steve Raleigh - how many lots will his mother be assessed for. --Bohrer - three lots. --Eleanor Raleigh - questioned the expense of filling in on her side of the road vs ditching and excavating down the area on the west side of the road. CITY COUNCIL MEETING, MARCH 2, 1982 m: 8Y CIMARRON CUP r CONTINUED; Mottaz - recommended contacting Ramsey County to find out how they handled a similar problem on Goodrich Golf Course. Motion carried 5-0. 9. MSA PROJECT: A. Assessments - The Council reviewed the Engineer's memo of February 25, 1982, "MSA Assessment Alternatives", outlining cost comparisons for separate projects, combined projects and the effect of Ag Preserves on the project(s). --Mottaz - his position - with interest rates what they are,the City should build what it has money for. If have money in the MSA fund to do Keats now, then, do Keats, acid wait until the. necessary funds are built up to do 45th,, Julep and '47th.' --Morgan - combined project, with interest, is out as is the combined project without interest, as the City cannot pay for it. Favors the Engineer's -recommendation to do Keats as a single'project. --Novak - Agrees �o� do only what there is money available for. --Fraser - sees Keats alone as the best choice. Addressed the question of doing Keats alone vs doing nothing - the question of need, as raised by residents along Keats. Number of cars low and expected to remain so for some time. Previous cost figures raised the question of whether the need matched the dollar ex- penditures..,with new cost figures for a single project, at a driveway cost of approximately $783, the need is in better balance with the dollar need. This weighed against the need for having ,appropriate roads makes sense. Concurs with the other Councillors position. --Eder - agrees if going to do anything it should be done on the individual project basis. Disputes the design standards and the strict adherence the City must follow in order to get MSA money. Audience Comments: --Steve Raleigh 5055 Keats - does the Council understand where the road will be placed - do you intend to accept the Engineer's drawings, as presented, or have him redraw them to place the center of the new road on the center of the old road. --Eder- raised a similar question - sufficent research was done for the Engineer to say,no,that costs would not be less, possibly greater. Also,several property descptions would allow the City to place the road on the section line. -S. Raleigh- questioned these conclusions. Areas west of Keats in his area, would be impacted far less than the east side of the road if the road was kept on the center line. Terrain is less steep on the west side. --Engineer Bohrer - drew the road in both location, estimated the amount of earth that would need to be moved and: amount of easements that would have to be purchased. Cost is directly related to the amount of excavation that has to be done. City is bound by maximum slopes, ditch widths and back slopes out of the ditches which would amount to more excavation, more cost, if the road were placed on the center line of the existing road. Second factor is impact on property - approx.imately the same amount of property on each side of the road has to be obtained in the form of easements or r-o-w if the road is placed on the section - this is looking at the road as a whole. CITY COUNCIL MEETING, MARCH 2, 1982 -10- 10.A. LANDFILL SITING CONTINUED: Bohrer outlined the action that has transpired at Met Council level, per his memo of March 2, 1982, "Landfill Siting Update", and recommended that if the City Coucils agrees with the recom- mendations of the Met Council Staff and Landfill Review Subcommittee that two resolutions be adopted and forwarded to the _Met Council in support of the Staff and Review Subcommittee recommendations. MIS/ Mottaz/Morgan to adopt R-82-10, A resolution requesting that the Metropolitan Council not approve Washington County's request for a reduction in the nftmber of mixed municipal solid waste landfill sites; that the Metropolitan Council require that Washington County continue its search for candidate solid waste landfill sites in order to submit a complete inventory to the Council as .required by the Waste Management Act; that Washington County include agricultural lands to the search areas which were previously excluded for non- enviornmental reasons. Discussion: --Novak - do not think we should be using good agricultural land for landfills any more than we should be using parks. Could not support the resolution if, it implied she favored siting ag land for landfill purposes. --Whittaker - land that is best for agriculture is also best for landfills - there is a underlament of clay that decreases the run- off into the ground water. --Bohrer - when you automatically rule out agricultural land you automatically rule out many sites that would be good for landfills and not necessarily need alot of engineered safety protective measures. --Morgan - no land should be put into a landfill. Motion carried 5-0 M/S/P Mottaz/Morgan to adopt R-82-11,.a Resolution requesting that the Met Council deem the proposed landfill -site -in the Lake Elmo Regional Park as inconsistent with Council policies that protect park and recreational open space areas; that the Metropolitan Council determine that the site is inconsistent because of a restrictive covenant in the land acquisition contract between the Met Council and Washington County; and that other potentially satisfactory sites appear to exist in Washington County. 11. HAMMES HOUSE MOVING PERMIT: Bill Hammes updated.the Council on the status of the two homes he is to be moving off his property. --Hammes - still checking lots - weather making it difficult When the load limits go off should be ready to move the two structures. Has some lots picked out - has to wait until the frost is out of the ground to perc the lots. Property being considered is out of Lake Elmo --Mottaz - satisified with progress - as conditions allow can request something more definite. Can do perc testing before load limits are off - can make a determination on a site before the middle of May. - Mr. Hammes agreed. --Hammes - requested extension to Uune 1. --Council agreed to extend the deadline for -William Hammes to May 18. At that time, Mr. Hammes will report to the Council on his final plans to move the two houses. CITY COUNCIL MEETING, MARCH 2, 1982 12. COUNCIL REPORTS: A. Councillor Mottaz - 1. Conditional Use Permits - requested that a profile of all CUP's be drafted so that the Council can review their history and familarize itself with each permit. Also, that a conserted effort be made to eliminate the use of CUP's as much as possible. --Fraser - requested that the original permit or the new proposed permit be copied to the Council when the CUP's are reviewed. 2. Energy Recovery Referred the Council to the copy of an article that appeared in the St. Croix Valley Press on Energy Recovery Planning. The area of the project noted in the paperf would encompass a large portion of Section 32 in Lake Elmo. Because of the potential impact on Lake Elmo, Councillor Mottaz requested the Council to instruct the Mayor to send a letter to the people who a�e involved in the planning of this project and request that a representative of Lake Elmo be involved in the planning of trash inceneration for steam recovery. The Council agreed. 3. Community�.Room in Old Council Chambers - Mottaz proposed creatingg an exit at the northwest corner of the meeting room and constructing a wall that would allow passage from the room to the wash room area. This would restrict access to the rest of the fire hall. He recommended this be considered with the radio room project. The Council agreed this idea should be presented to the fire.department for consideration. 13. ADMINISTRATOR'S REPORT: A. Vacation March 19, and March 22-,26. The Council agreed to the Administrator's vacation time B. Chemlawn - Lions Park The Council discussed the City's policy to provide one application for weed control in Lions Park.each year. M/S Novak/Morgan to authorize $260 for weed control in Lions Park, Motion carried 4-1. Fraser opposed. This amount is budgeted for 1982. C. Recognition of Retiring Park & Planning Commission Members - Whittaker recommended the Council adopt a resolutionITt�anking retiring members and take the Park Commission members out to dinner at the annual joint meeting in April, inviting the retiring members as special guests. On the instruction of the Council, the Administrator will schedule a joint meeting with the Park Commission. The meeting to be held -at Tartan P'ark'b-aginnin'g at 5 p.m. on either April 6 or April 20. D. State Planning Conference - None of t e Planning Commission members will be able to attend, E. Board of Review YH_effo�uncil cill hold -.the Board of Review either May 25, Tuesday or May 26, Wednesday. The Administrator will verify these dates with the County. F. Sale of Library Table - Several Councillors opposed the sale of the table, --Fraser - a formal appraisal is not necessary determine its approximate value and what use it can be put to before making a decision. The Administrator will get an estimated value. CITY COUNCIL MEETING, MARCH 2, 1982 -12- G: Lease of Old City Office Building - The City received three proposals. Peaslee Company - offering less rent for a five year lease ( and wants outside storage DeNardo Statutory - restores religious articles - proposed three yr. lease & outside storage Vidovic Pizza Shop - agreed to all the conditions of the lease --Fraser - questioned the expense in meeting the State health standards for a food service --Mrs. Vidovic - have checked with the State - flooring and walls would have to be brought up to standard. Not required to provide handicap bathroom facilities, --based on State of Minnesota standard for a 600 sq. ft. area - limited seating area - Carry out is the biggest portion of their business. Hours for most of the year proposed to be 4 p.m. to 12 p.m. Summer hours may be longer. No plan to request a beer license, The Council agreed the Vidovic proposal was the most desireable. --Novak - questioned septic needs --Mrs. Vidovic - proposing to put in just pizza and sandwiches - primarily take-out orders - would not have a dishwasher - required to have a three compartment sink,- low water usage. M/S/P Mottaz/Morgan to enter into a lease agreement with- Luka Vidovic for rental of the old City Office Building as a pizza parlor. H. Communication Seminar - The Council agreed the Administrator should attend the Communication Seminar,at.City expense. ADJOURNMENT: M/S/P Mottaz/Morgan to adjourn at 10:40 p.m. RESOLUTIONS: R-82-10 Opposition to County Request to Met Council on Number of Landfill Sites R-82-11 Opposition to Met Council on Regional Park being Used as Landfill Site R-82-10 RESOLUTION CITY OF LAKE ELMO WASIINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TO REQUIRE WASHINGTON COUNTY TO SUBMIT A COMPLETE INVENTORY OF CANDIDATE LANDFILL SITES. WHEREAS, Washington County has submitted just two of the required four candidate sites for solid waste land- fill; and, WHEREAS, all. sites potentially eligible and suitable in Washington County were not evaluated or submitted; arid, WHEREAS, the Metropolitan Council must approve Washington County's request to submit fewer than 4 sites; and, WHEREAS, the City of Lake Elmo is confident that there are four suitable candidate sites for a solid waste landfill in Washington County if all eligible sites are considered; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO: 1. That the Metropolitan Council not approve Washington County's request for a reduction in the number of mixed municipal solid waste land- fill sites. 2. That the Metropolitan Council require that Washington County continue its search for candidate solid waste landfill sites in order to submit a complete inventory to the Council as required by the Waste Management Act. 3. That Washington County include agricultural lands to the. search areas which were previously excluded for non -environmental reasons. ADOPTED, this the 2nd. day of March, 1982, by the City Council of the City of Lake Elmo, Signed: Mayna L. er, Mayor 4 ATTEST:{- D.,+.v�e.��,.t,Q CC Laurence E. Whittaker City Administrator R-82-11 RESOLUTION CITY OF LAKE ELMO WAS'HINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TO FIND THE LAKE ELMO REGIONAL PARK RESERVE AN INCONSISTENT SITE FOR A SOLID WASTE LANDFILL. WHEREAS, Washington County has submitted part of the Lake Elmo Regional Park Reserve to the Metropolitan Council as a candidate site for a solid waste landfill; and, WHEREAS, a solid waste landfill is not a park and open space use and is therefore inconsistent with Metro- politan Council policy; and, WIiEREAS, placing a solid waste landfill in the Regional Park Reserve would violate the restrictive cov- enants on the use of the property; and, WHEREAS, there are other potentially suitable sites in Washington County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 0'F THE CITY OF LAKE ELMO: The City of Lake Elmo requests: 1. That the Metropolitan Council determine that the candidate solid waste landfill site in the Lake Elmo Regional Park Reserve is inconsistent with Council policies that protect park and recreational open space areas. 2. That the Metropolitan Council determine that said site is inconsistent because of a restrictive covenant in the land acquisition contract between the Council and Washington County. ADOPED, this the 2nd. day of March, 1982, by the City Council, City of Lake Elmo. Signed: Mayna� L. E er, Mayor ^� EST: ! Laurence E. Whittaker City Administrator CLAIMS TO BE APPROVED AT MARCH 2, 1982 LAKE ELMO COUNCIL MEETING 82237 State Treas. - Soc.Sec. Contr.Fund - Feb. Wh. $ 1,450.76 82238 State Bank of Lake Elmo - Feb. Fed. Wh. 1,731.20 82239 Commissioner of Revenue - Feb. State Wh, 617.00 82240 Laurence Whittaker - March Expense 50.00 82241 Kathleen Crombie - 2/8 & 2/22 P.Z.C. 50.00 82242 James McNamara - Bldg. Insp. Mileage - Feb. $ 157.75 Hosp.Reimb. 100.00 257.75 82243 Gerald Dahlberg - Feb. Animal control 298.00 82244 Washington Nat'l Ins. Co. - Hospitalization 651.87 82245 Allied Group Ins. Trust 88.14 82246 Minn. Benefit Ass'n 26.40 82247 Mary Meyer - 2/23/82 newsletter 175.00 82248 Dave Wisdorf - Interview Mileage 100.40 82249 League of Minn. Cities Ins. Trust 70.00 82250 International Harvester - Truck Parts 43.33 82251 Stillwater Book & Stationery 61.48 82252 St. Paul Book & Stationery 13.15 82253 Fred's Tire Co. - Maint. Truck 6.00 82254 TSB Computer Service - Water Dep't Utility Billing 87.50 82255 No. St. Paul Welding - Water Dep't - Freeze Ups 350.00 82256 Austin Keller Const. Co. - Water Dep't - Main Break 970.00 82257 Treasurer - MCFOA - 1982 Dues 15.00 82258 Steve Pott - Plow Skating Rink 104.00 82259 G.A.Meyer Mercantile 80.50 82260 Buettner Welding - Oxygen-Maint. Dep't 34.54 82261 Four Seasons 12.45 82262 Northern States Power 1,594.50 82263 Northwestern Bell - New Phone installation 1,373.60 82264 Northern States Power - Slag for month of Jan. 11.25 82265 Special Intermediate School Dist. 916 - Fire Dep't 70.00 82266 Stillwater Ambulance Ser. - Fire Dept injury 146.00 82267 T. K. D. A. - General $ 1,092.60 201 Sewer 6,322.83 M.S.A. 3,708.06 Pass Thru 273.91 Water Dep't 450.63 11,848.03 82268 thru 82283 March 5, 1982 payroll 5,000.00 $ 27,387.85