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HomeMy WebLinkAbout05-04-82 CCMLAKE ELMO CITY COUNCIL MEETING, MAY 4, 1982 // Mayor Eder called the meeting to order at 6:38 p.m. l� Councillors Present: Mottaz, Fraser, Morgan*(7--21-), Novak (7:00) *Amended 5-18-82 6:47 1. AGENDA - Additions: 6.B. - 2 Building Permits - Cimarron 7.G. - County Improvements to County Roads 14 and 15 9.C.(3) - Fishing on 50th Street Public Right -of -Way 10.D. - Bruce Hill Subdivision Resolution 10.E. - Pete Schiltgen - Complaint on Building Location at Lake Elmo Hardwood Lumber 10.F. - Valley Branch Advisory Committee Appointment 10.G. - Carl Olinger - Agreement to Abandon Old Plat 5.A. Define Work Plan 9.B. - Demontreville Access M/S/P Mottaz/Fraser to accept the Agenda, as amended. Motion carried 3-0. 2. MINUTES - April 20, 1982 M/S/P Mottaz/Fraser to approve the minutes of April 20, 1982. Motion carried 3-0. 3. CLAIMS - Additions: $500 - City of Wyazeta - City's share of computer program M/S/P Mottaz/Fraser to approve Claims 82443 thru82500. Motion carried 3-0. 4. LICENSES - Additions - Wm; Marty - Sept c.pumper License Ferraro Heating - Heating and Air<.Conditioning License M/S/P Fraser/Mottaz to grant a Sewer Pumper License to Wm Marty, 12698 12th St. N. Lake Elmo and a Heating and Air Conditioning License to Ferraro Heating, Inc., 844 Payne Ave. St. Paul, Motion carried 3-0. M/S/P Fraser/Mottaz to grant a 3.2 Beer License to Doug Betftel for State Bank of Lake Elmo Softball Tournament May 28-31, 1982 at Lions Park. 5. PLANNING COMMISSION REPORT - Commissioners Nazarian, Mazzara and Moe were present. A. Annual Work Plan - 1982 - --Fraser - does not see the format set forth in the Agenda as a means of establishing a work plan - need the material developed last February, setting forth goals ', aims, etc., available before a work plan can be developed. Presented a copy of a proposed work plan to the Administrator for review. --Whittaker - Items outlined are things discussed by tlhe-iCouncil and the Planning Commission over the past year. Feels their goal is to complete these projects 'during- the coming` year. Councillor Morgan arrived at 7:47 p.m. CITY COUNCIL MEETING, MAY 4, 1982 -2 - 5. PLANNING COMMISSION REPORT - Continued The Council made the following comments on the suggested discussion items, 1. Comprehensive Plan for Sewer --Whittaker summ zira ed the sewer allocation situation. Based on population projections the City cannot justify retaining their 6,000 units. He will prepare a background report and identify possible options for discussion at a• joint Council Planning Commission meeting May 24. Councillor Novak arrived at 7:00 p.m. 2, Highway Plan - Completed --Eder- recommended getting the City Engineers views on plan - particularly the extension of County 13 into Grant Township. --Fraser - should establish a time frame on when each alignment should be addressed. --Whittaker - this is not a priority item; but should be discussed before budget time in August, 3. Zoning Ordinance Clean -Up - Completed --Whittaker - High priority item - determination should be made at the joint meeting. 4, Subdivision Ordinance Clean -Up - Completed --Whittaker - PZC has completed the changes - priority item 5. Landscape°Standards - --Eder - recommended that the Planning Commission -proceed with these standards -and _make -a recommendation to the Council. 6, Mobile Home Ordinance Whittaker - recent changes in the State law may affect the City's Zoning Ordinance,, --Fraser - get City Attorney's opinion on the new legislation before considering an ordinance change The Council determined that the Comp Plan for Sewer, Zoning Ord. Clean-up, and the Subdivision Ordinance Clean-up will bepriority items for discussion May 24. COUNCIL REPORTS B. Councillor Fraser, - Demontreville Access As Deputy Heuer was present to answer Council concerns, Them 5,B was deferred,to permit discussion of the access. --Eraser based on a . call- from a resident.on illegally parked cars, visited the area and found over 20 cars illegally parked. Violators continued to ignore the, -.No Parking signs, creating a hazardous situation along Demontreville Tr, Recommended constructing a gate at the launch area and employing someone to monitor the launch to permit only that number of persons on the lake as parking permits. --Deputy Heuer - general County patrol on duty until 3 p.m. Sundays until Lake Elmo patrol comes on duty - deputies have a large area to cover cannot stay in one area to ticket cars. Tickets are not working - :fines are_not-being -paid. - —Mottaz - recommended-establishing,a tow away zone. Work with a towing company that :would have two trucks that could tow the cars and trailers separately. CITY COUNCIL MEETING, MAY 4, 1982 -3- 9. B. Demontreville Access - Continued --Fraser recommended the deputy discuss the County's ticketing policy with his superior. Tickets should be issued whenever a: violation is noted. Violators -should not, be given the option df moving a vehicles as this is only a temporarysituationuntil the deputy leaves. M/S/ Mottaz/Fraser to adopt R-82�27, a Resolution requesting Washington County to establish and sign a tow away zonealong Demontrevi,lle Tr within the-,'�No.Parking" area around the lake. Discussion - --Fraser, would, like -the--Admihrstrator -to look at -the area proposed and determine if this area is rr&sonable. Motion carried 5-0. 5. B. Dayton Hudson Large Lot 'Subdivision Keats & 10th Street The Council reviewed the request for 10 acre Large Lot Subdivision, exclusive of easements and road right-of-way. Dayton -Hudson indicated they have no plans for their remaining property. M/S/P Mottaz/Fraser to adopt R-82-29, a Resolution approving a 10 acre Large Lot Subdivision, exclusive of road right-of-way and easements, for Dayton -Hudson at Keats Avenue and loth Street. 6. PUBLIC INQUIRIES - A. $25-aeposit For Use of• -City Ball'fields - Whittaker reported that _T________- Mrs, Brian Johnson— q�uestio�ned-the City`s $25 deposit policy for use of City ballfields. She is involved with a Little League team and feels the deposit is inappropriate for youth leagues. --Eder - a deposit should not be necessary provided a responsible person signs the reservation sheet acknowledging their responsiblity. --Whittaker - referenced his comments outlined in the agenda memo. The deposit policy has not been anp issue in the past. Gave the background on establishing the policy, --Fraser - the current policy is a sound approach. Keeps people aware of their responsibility on maintaining the park area. --Morgan - recommended changing the policy to waive the deposit for youth leagues, 4-H groups, etc.; but require it for commercial leagues. --Don Moe - school district just requires the name of the individual who is responsible. --Novak - if a deposit is not charged for hockey groups it should not be charged for youth leagues. MIS/ Morgan/Novak to waive the $25 deposit for all -adult super- vised.groups s,uQh -as Little -League, 4-H, neighborhood and church groups under_16 years of age_. Discussion - --Fraser - have the Council review the policy before making a decision. After additional discussion Mbrgan and Novak withdrew their motion pending review of the policy. The present policy will remain in force until this time, B. 'Building Permits fors, imarron Residences - Administrato� or Wh ttaker recommended approval of the building permits for Leroy Forsblad and Terry Hassler for home improvements in Cimarron Park. They meet all the requirements of the building code and Cimarron has sent a letter approving each improvement. City Ordinance requires Council approval. CITY COUNCIL MEETING, MAY 4, 1982 -4- 6. B. Building Permits - Continued M/S/P Mottaz/Morgan to approve a Building Permit for Leroy and Agatha Forsblad, 284 Cimarron, Lake Elmo and Terry Hassler, 675 Cimarron, Lake Elmo. The Council will review amending this ordinance section at a future meeting. 7. ENGINEER''S REPORT A. I-94 Frontage Roads - B.- I-9'4 Alignment - The Engineer referred the Council to his e ter of April 30, responding to the Councils questions on bike trails and ownership/ maintenance of the frontage roads. As the City does not have to accept ownership and maintenance,the Engineer .recommended the resolution of acceptance reflect this. Mn/DOT is required to include the bike trails and, in the opinion of the City Engineer, the paved shoulders are a benefit to the City in terms of safety and maintenance even if no bicycles use the route. City approval is necessary before the highway bids can be let. --Mottaz - City should not be stuck with bike trails in this location. Forsees problems in the future - opposes the resolution if the trails are included - are trails included in the West Lakeland segment of the .highway? M/S/P Mottaz/Morgan to adopt R-82-29, a Resolution approving the layout design for the improvement of I-94 within the limits of the City of Lake Elmo with the provision that the City of Lake`Elmo will not assume jurisdiction including maintenance of all frontage roads, access roads and bicycle trails within the City and that all reference to designated bike trails along the paved shoulder be deleted. M/S/P Mottaz/Morgan to adopt R-82-30, a Resolution approving the final plans and specifications of the I-94 frontage roads with the City assuming the juristiction and maintenance of Helmo and Ideal Avenues,but not the juristiction and maintenance of the frontage roads; and, deleting all reference to bike trails along the paved shoulder of the frontage road.in the plan. C. Water Main Valves on Lake Elmo Avenue - D. Water Mairi' Loo Under Tracks The E�ngineeer will report on the County's resurfacing plans for Lake Elmo Avenue at the next meeting. Also, the County will address improving these areas where water collects along Co. 17. Bohrer recommended the City consider installing the water main loop under the tracks as it was determined during the feasibility study that there is no casing for the water main under the tracks. Should the main break in this area it would be very difficult to repair, therefore, this work should be given priorty consideration. Estimated cost f©r the railroad crossing is $17,000. A substantial portion being a one time payment of the railroad lease. The exact amount of the railroad fee has to be determined by the railroad office. M/S/P Mottaz/Fraser to adopt R-82-31, a Resolution authorizing the City Engineer to prepare construction plans and specifications and advertise for bids for the watermain improvement under the Chicago Northwestern Railroad west of CSAH 17 after a firm cost/lease estimate is,received from the railroad. LAKE ELMO CITY COUNCIL MEETING, MAY 4, 1982 -5- 7. ENGINEER`S REPORT E. Keats Avenue - Plans and Specifications Engineer Ba rer gave a status report on easement negotiations, plan preparations and the results -of his meetings with the four residents who requested another visit by the Engineer on the Keats Avenue Project (Engineer's Letter of April 30, 1982 - Status Report 1982 MSA Improvements). Mr. & Mrs. Robert Ziertman have requested $1,442 for crop &°property damage and a temporary easement. They will. -move and reestablish their fenceline along Keats. Mr'. & Mrs. Herbert Crocker have requested $800 for a temporary slope easement and damages. Mrs. Eleanor Raleigh - agreement could not be reached. She will seek another appraisal from a court appointed appraiser. Doris Bubbrl - has indicated she would accept restoring the ditch area in front of her home with a ground cover, Engineer indicated this was an acceptable construction cost. The Engineer requested the Council to review and approve the final plans and authorize bids to be let with a bid opening set for June 4. Council/Audience Discussion- --Bohrer - explained to Mrs. Raleigh that the bids could not be awarded until theeasementappraisals are completed. --Mottaz - slope easement should not be called temporary as the property cannot be altered after the slope has been established. This is a permanent easement if the property cannot be changed. --Doris Buberl - feels property will be devalued because the slope will be steeper than it is now. --Mottaz - does not think $800 for damages to the Crocker property is unreasonable. Novak and Fraser agreed. M/S/P Morgan/Mottaz,approving$800 for slope easement and damages to Herbert Crocker. M/S/P Mottaz/ Morgan to accepted the negotiated settlement with Robert Ziertman in the amount of $1,442. This includes crop damage, slope easement and fence realignment. M/S/P Morgan/Mottaz to adopt R-82-32, a Resolution approving the .final plans and specifications for MSA-_Project 1, Keats Avenue and authorizing the City Engineer and City Administrator to advertise for bids, with the bid opening set for June 4, 1982. F. Tablyn Park Road & Parking Lot - Bids - The Engineer referred the Council to the breakdown sheet on the bids, Item 8. The County required that a..metal culvert, rather than a blacktopped flume, be used to direct the water from the park road to the County ditch. The Engineer is negotiating with the County on considering ar: blacktopped flume - the low bidder Ace Blacktop has agreed to reduce their bid $1200 If a blacktopped flume is used. The Engineer recommended that the Council receive the bids, but delay action on awarding them pending the outcome of negotiations with the County. The contract can be awarded at the next meeting. M/S/P Morgan/Novak to accepted the bids on the Tablyn Park Road and Parking Lot, but delay awarding the bid until a firm bid is established for the culvert. CITY COUNCIL MEETING, MAY 4, 1982 %. ENGINEER'S REPORT - G. 'County Roads 14"&"15"Improvement - Mayor E`er reported that the County received authorization to proceed with the improvements to County Roads 14 and 15. Engineer Bohrer reported that the construction of the culvert, as proposed, would have little impact on affecting the drainage to Downs Lake. The County has indicated they will construct the improvement with or without the culvert - however the City recommends. The farmer, whose property the water drains across,. wants the culvert constructed under the -tracks. - M/S/P Morgan/Mottaz to adopt R-82-33, a Resolution approving Washington County's plans and specification for the improvement of the intersection at County Roads 14 and 15, including the drainage culvert under the railroad tracks. 8. OLD BUSINESS - A. 5 Year Capital Improvement Plan for Parks - The Council reviewed and discus"sed'•the spread -sheet outlining the improvements proposed for each park over the next 5 years. --Morgan -`all improvements have to one approved by the Council before bei.ng3 initiated. M/S/P Mottaz/Fraser to :approve and adopt the 5 Year Capital Improvement Plan for City Parks, as recommended by the PAC. Motion carried 4-0. Eder absent for the vote. B. Amend Cow Plan for Parks - The Adm nistratax ww 11 ver with the City Planner, as, to a public hearing is required to amend the Comp Plan to include the revised CIP and Reid Park Plan. 9. COUNCIL REPORTS B. Councillor Fraser - Policy on Use of Council Chambers Recommen e at the Council work on a� n�es�an i-'sii a policy on opening the Council Chambers to the public.in a selected way. --Mottaz - favors using the new Chambers only for City government groups, PZC, PAC, City Council, Valley Branch and possibly County. The old Council room, is open and available for public use - do not want to draw lines-<Eor who can use the new Council Chambers. --Novak - under the impression that the new Council Chamber would be restricted to government groups with,the other room being open and available to public interest groups. --Morgan - no strong feelings - drawing the line with governmental bodies is acceptable. --Fraser - since we have the newer facility, it would be unreasonable not to make it available to responsible groups. Fire Hall would be the No 1 place to use, but should not be "limited to just that facility. Would like this item placed on the next agenda, --Mottaz - would like an opinion from the Citv Attorney on the legal restrictions and requirements for City facilities. A. Mayor Eder - Watershed Law and Metro Council Plan - No additional information. CITY COUNCIL MEETING, MAY 4, 1982 -7- 9. COUNCIL REPORTS - C. Councillor Mottaz (IT-2'5th AHR—i'7ersary - Fire Department - Everytinq moving along on schedule. City portion of the program will be, in the evening. The Fire Department will be open all day Saturday, (2) Turn-AroundKlondike Avenue - Recommended negotiating with the County to deed 'back to the City enouqh property at the end of Klondike so that the City can construct a cul-de-sac at the end of this dead end road. Would request the City Engineer to prepare a cost estimate and a preliminary design for County review and consideration. --Novak - Klondike has always been used and maintained as a City street although it has never been deeded to the City. This needs to be cleared up. 10. ADMINISTRATOR'S REPORT - A. Fee Policy for Non -Lake Elmo Residents for Clean Up Days - The Tri Lakes Association has requested that members of their organization living on Olson Lake Trail in Oakdale be charged the same fee as Lake Elmo residents. The Council generally felt they could not vary the policy without causing problems with residents in similar situations in the area. No action was taken - the present policy will be continued. B. Tartan Meadows - Extension for Public Improvements - M/S/P Morgan/Mottaz to adopt R-82-35, a Resolution approving a 1-year extension for completion of public improvements for Tartan Meadows. C. County Boad Action on Regional Park Reserve - Whittaker reported t at the County Board has agreed to include the comments and recommendations from Lake Elmo, as outlined -in a letter to the City from Robert Lockyear, in the Park Plan that is sent to the Met Council. Whittaker reviewed the items that were included. The Council requested the Administrator to write the County Board acknowledging and thanking them for their action. D. County Park Plan - Councillor Mottaz had several comments on the County Plan. Whittaker -will review MottaP s comments. All comments will be passed on to the County Board. E. Bruce Hill Subdivision Resolution - The Council reviewed the revisedresolution . The City Attorney reviewed the resolution and recommended the Council adopt it. M/S/P Eder/Fraser to adopt R-82-36, a Resolution amending R-82-6 (A Resolution Granting a Large Lot Subdivision to Bruce G. Hill). F. Schiltgen/Lake Elmo Hardwood Complaint on Building Location - Pete Sc irtg'en bias notified the City that t e new building, which replaced an old building, on Hardwood Lumber property',is 6" from the property line - in violation of setback regulations. The old structure was 3 1/2 ft. from the property line. The Building Inspector was in error in granting the permit, based on present Code regulations. The City Attorney has reviewed the situation and recommended that the Citv write Mr. Schiltgen,and acknowledge the Building Inspectors error in granting a building permit; but that the adjacent property does not appear damaged by the new building. CITY COUNCIL MEETING, MAY 4, 1982 10. ADMINISTRATOR'S REPORT F. Sahiltgen Complaint - --Eder - letter s`HbiT1d explain the existence of the old structure and hbw the Building Inspector misinterpreted applying present regulations thereby placing the new structure in conflict by granting the building permit. The City's insurance carrier should be notified of possible legal action. The Council agreed an error was made. ' G, Valley Branch Advisory Board Appointment - Valley Branch notified' the dity that Charles Taylor's term is up and the Managers plan to reappoint him in May, 1982. They asked if the City had any additional candidates they would like nominated. The Council recommended the reappointment of Mr. Taylor. MEETING EXTENSION: M/S/P Mottaz/Fraser to extend the meeting to 10:50. H. Olinger - Old Plat Whittaker gave the background of a plat submitted by Carl Olinger in 1972. He has never pursued the subdivision. The City is still in receipt of $1,000 Ravings Certificate deposit he submitted. Whittaker asked the Council to approve an agreement releasing the certificate. Mr. Olinger has sent a letter stating he no longer plans to proceed with the subdivision, as requested by the Administrator. M/S/P Mottaz/Morgan to approve an agreement to release a $1,000 Saving Certificate, deposit fee for a proposed subdivision, to Carl Olinger, I. Rossow/Tri Star - Whittaker reviewed a letter received from Rossow's attorney. The City Attorney, City Planner, City Engineer and Administrator will meet to discuss the City's position and justifications for showing the area in question (Tri-Star Property) as Rural Residential in the Comp Plan. -Ar_report will be ready for the next Council meeting. ADJOURNMENT: M/S/P Morgan/Mottaz to adjourn at 10:50 p,:.m. RESOLUTIONS: 82-27 - Tow Away Zone along Demontreville Tr. N. 82-28 - Dayton -Hudson Large Lot Subdivision 82-29 - I-94 Final Layout Design 82-30 - I-94 Frontage Road Plans 82-31 - Watermain Loop Under CNW Tracks 82-32 - Final Plans & Specs MSA Project 1 - Keats Ave. 82-33 - Improvement to County 14 & 15 82-34 - 5 Year CIP 82-35 - Tartan Meadows Extension 82-36 - Bruce Hill Subdivision R-82-27 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION REQUESTING WASHINGTON COUNTY TO ESTABLISH AND POST TOW -AWAY ZONES ON BOTH SIDES OF C.S.A.H. 13 (DeMontreville Trail) FROM 50TH STREET NORTH TO THE NORTHEASTERLY INTERSECTION OF HIGHLANDS TRAIL NORTH WITH C.S.A.H. 13 WHEREAS, the City of Lake Elmo has requested and Washington County has approved and ordered the establish- ment and posting on "No Parking" zones on C.S.A.H. 13 from 50th. Street North to Highlands Trail North; and, WHEREAS, this action has not significantly dimin- ished the incidence of illegal parking on C.S.A.H. 13: and, WHEREAS, illegal parking on C.S.A.H. 13 is creat- ing a traffic hazard and a public nuisance; and, WHEREAS, the establishment of a tow -away zone would be both a better deterent and more responsible remedy to the traffic hazards and public nuisance created by illegal park- ing on C.S.A.H. 13; WHEREAS, we are entering the peak period of viola - Lions of the parking regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, WASHINGTON COUNTY, MINNESOTA THAT, the City of Lake Elmo urgently request that Washington County establish and post a tow -away zone on both sides of C.S.A.H. 13 (DeMontreville Trail North), from 50th Street North to the northeasterly intersection of Highlands Trail North, at the earliest possible opportunity. ADOPTED, this the 4th. day of May, 1982,. by the City Council of the City of Lake Elmo. Maynard/L. Eder, Mayor AT EST: Laurence E. Whittaker City Administrator S 1 R-62-28 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A LARGE LOT SUBDIVISION TO DAYTON- HUDSON CORPORATION. WHEREAS, Dayton -Hudson Corporation has applied to the City of Lake Elmo for a large lot subdivision on certain land located in the City of Lake Elmo and legally described as follow, to -wit: The North Six Hundred Sixty (660.00) feet of the South Seven Hundred Twenty (720.00) feet of the West Six Hundred Sixty (660.00) feet of the East Six Hundred Ninety-three (693.00) feet of the South Half of the Southeast Quarter (S; of SE;) of Section 27, Township 29,North, Range 21 West, Washington County, Minnesota. Containing Ten (10.00) acres, more or less. Subject to and together with any other valid easements, reser- vations and restrictions. WHEREAS, it appears that at the time of the application for a large lot subdivision that the above described parcel was not a separately described parcel of record; WHEREAS, there does not appear to be any reason relating to the public health, safety and welfare which would require a denial of said large lot subdivision; and ' WHEREAS, the City of Lake Elmo Planning and Zoning Commission held a hearing on said proposed large lot subdivision and recommen- ded the approval thereof on April 26, 1982, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The application of Dayton -Hudson Corporation for a large lot subdivision on the real estate described above be and the same hereby is granted subject to the following conditions: a. The applicant shall convey to Washington County for roadway purposes the following described parcel: The South Sixty (60.00) feet of the East Six Hun- dred Ninety-three (693.00) feet of the South Half of the Southeast Quarter (S'-z of SE4) of Section 27, Township 29 North, Range 21 West, Washington County, Minnesota. Containing.Zero and Ninety- five Hundredths (0.95) acre, more or less. Sub- ject to and together with any other valid ease--. ments, reservations and restrictions. b. The applicant shall convey to the City of Lake Elmo for roadway purposes the following described parcel; to -wit: The North Six Hundred Sixty (660.00) feet of the South Seven Hundred Twenty (720.00) feet of the East Thirty-three (33.00) feet of the South Half of the Southeast Quarter (S' of SEa) of Section 27, Township 29 North, Range 21 West, Washington County, Minnesota. Containing Zero and Fifty Hundredths (0.50) acre, more or less. Subject to and together with any other valid easements, re- servations and restrictions. 2. The City Administrator is directed to execute any deeds which are required by this approval and shall do so upon the applicants complying with the above conditions. Adopted by the City Council of the City of Lake Elmo this 4 th day of May, 1982. CITY OF LAKE ELMO By Maynar Eder, Mayor ATTEST: Laurence Whittaker City Administrator -2- R-82-31 RESOLUTION r CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR A WATERMAIN CROSSING OF THE CIIICAGO NORTHWESTERN RAILROAD AND AUTHORIZING THE CITY ENGINEER TO SECURE BIDS FOR SAME. WHEREAS, there is only one watermain crossing of the C&NW railroad; and, WHEREAS, said watermain serves the whole area north of the tracks; and,, WHEREAS, it could take several days to repair a break in said main and restore service; and, WHEREAS, there are sufficient .reserves in the Water Fund to finance the construction of a second watermain crossing; and, WHEREAS, the City Council on the advice of the City Engineer has found that a second watermain crossing is feasible, at an estimated cost of $17,000.000, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THAT: 1. The City Engineer is hereby ordered to prepare plans and specifications for the second watermain crossing of the C&NW railroad tracks, to secure all necessary permits for same,•and; 2. The City Administrator and City Engineer are authorized to secure bids for said project. ADOPTED this the 4th day of May, 1982, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: ATTEST: Laurence E , W�ttalcer City Administrator Mayna L', fir, Mayor R-82-32 RESOLUTION CITY OF LAKE ELMO WASHI'NGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR MSA PROJECT 206-105-01 (KEATS AVENUE IMPROVEMENTS) AND AUTHORIZING THE CITY ADMINISTRATOR AND THE CITY ENGINEER TO SECURE BIDS FOR THE CONSTRUCTION OF SAID PROJECT. WHEREAS, the City Council has determined that MSAP 206-105-01 is feasible, after public hearings; and, WHEREAS, the City Council ordered plans and specifi- cations for MSAP 206-105-01 and the City Engineer has prepared same within the guidelines established by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THAT: 1. The final plans and specifications for MSAP 206- 105-1 are hereby approved; and, 2. The City Administrator and Engineer are hereby authorized to take bids for MSAP 206-105-1, to be received June 4, 1.982. ADOPTED, this the 4th. day of June, 1982, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed -- "4..° MaynaL . E de r .r , Mayor ATTEST: laureMnWeE Whittaker City Administrator R-82-34 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING THE LAKE ELMO COMPREHENSIVE PLAN BY ADDING THE MASTER PLAN FOR REID PARK AND THE UPDATED 5 YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, the City of Lake Elmo acquired Reid Park as indicated in the Lake Elmo Comprehensive Plan; and, WHEREAS, the Parks Commission developed a Master Plan for Reid Park after public informational meetings and hearings; and, WHEREAS, the City Council accepted the recommended Reid 'Park Master Plan at the April 20, 1982, City Council meeting; and, WHEREAS, the Comprehensive Plan and the 5 Year Capital Improvement' -program must be updated to accomodate the Reid Park Master Plan. NOW, TIiEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the Lake Elmo Comprehensive Plan is hereby amended to include the Reid Park. Master Plan and the new ' 5 year Capital Improvement Program for City parks, subject to confirmation by the Metropolitan Council, ADOPTED this the 4th day of May, 1982, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: le, * Mayn- Z�E�er, Mayor -- ATTEST: d,R Lo Laurence E. Whitta eT-r- --T City Administrator R-82-35 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING AN EXTENSION OF FINAL PLAT APPROVAL FOR TARTAN MEADOWS WHEREAS, the Final Plat of Tartan Meadows was approved by the City Council of the City of Lake Elmo on April 21, 1981, by Resolution 81-28; and, WHEREAS, the Development Agreement prepared to fulfill the requirements of Final Plat approval required that the Developer complete all public improvements be - for July 1, 1982; and, WHEREAS, Section 401.250 E. of the Municipal Code of Lake Elmo requires the Developer to record the Final Plat within 120 days of approval of the Final Plat unless a time extension is approved by the City Council; and, WHEREAS, the Developer has requested a one-year ex- tension for the completion of the public improvements in Tartan Meadows because the current economy makes develop- ment of the property very difficult; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo THAT, the approval of the Final Plat for Tartan Meadows is extended until all the conditions of Resolution 81-28 are complied with; and, THAT, the Development Agreement for the construction of public improvements in Tartan Meadows is hereby amended to require completion of said public improvements before July 1, 1983. ADOPTED, this the 4th. day of May, 1982, by the City Council of the City of Lake Elmo, Washington County, Minnesota A 2lC.eeK &&Al) ATTEST: Laurence E. hiEtak r- City Administrator R-82--34 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING THE LAKE ELMO COMPREHENSIVE PLAN BY ADDING THE MASTER PLAN FOR REID PARK AND THE UPDATED 5 YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, the City of Lake Elmo acquired Reid 'Park as indicated in the Lake Elmo Comprehensive Plan; and, WHEREAS, the Parks Commission developed a Master Plan for Reid Park after public informational meetings and hearings; and, WHEREAS, the City Council accepted the recommended Reid 'Park Master Plan at the April 20, 1982, City Council meeting; and, WHEREAS, the Comprehensive Plan and the 5 Year Capital Improvement' -program must be updated to accomodate the Reid Park Master Plan. NOW, THEREFORE; BE IT RESOLVED by the City Council of the City of Lake Elmo that the Lake Elmo Comprehensive Plan is hereby amended to include the Reid Park Master Plan and the new 5 year Capital Improvement Program for City parks, subject to confirmation by the Metropolitan Council. . ADOPTED this the 4th day of May, 1982, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: ei / Mayn L. .E er, Mayor ATTEST: &, � �, LoGl Q 4� Laurence E.^WHEttaKer City Administrator R-82-35 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING AN EXTENSION OF FINAL PLAT APPROVAL FOR TARTAN MEADOWS WHEREAS, the Final Plat of Tartan Meadows was approved by the City Council of the City of Lake Elmo on April 21, 1981, by Resolution 81-28; and, WHEREAS, the Development Agreement prepared to fulfill the requirements of Final Plat approval required that the Developer complete all. public improvements be - for July 1, 1982; and, WHEREAS, Section 401.250 E. of the Municipal Code of Lake Elmo requires the Developer to record the Final , Plat within 120 days of approval of the Final Plat unless a time extension is approved by the City Council; and, WHEREAS, the Developer has requested a one-year ex- tension for the completion of the public improvements in Tartan Meadows because the current economy makes develop- ment of the property very difficult; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo THAT, the approval of the Final Plat for Tartan Meadows is extended until all the conditions of Resolution 81-28 are complied with; and, THAT, the Development Agreement for the construction of public improvements in Tartan Meadows is hereby amended to require completion of said public improvements before July 1, 1983. ADOPTED, this the 4th. day of May, 1982, by the City Council of the City of Lake Elmo, Washington County, Minnesota May L. Eder, Mayor ATTEST: Laur e ce W itta er City Administrator R-82-36 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING RESOLUTION R-82-6 OF THE CITY OF LAKE ELMO. WHEREAS, Republic Enterprises, Inc. has made application to the City of Lake Elmo for a large lot subdivision of land located in the City of Lake Elmo as follows: Parcel "A": All that part of Government Lot 2, Section 10, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Commencing at the Northeast corner of said Govern- ment Lot, thence South 88057105" West, assumed bearing, along the North line of said Government Lot, a distance of 558.73 feet to the point of beginning of the land to be described; thence South 1011,091, East, a distance of 379.61 feet; thence South 23° 23143" West; a distance of 522.95 feet to a point in the Northeasterly line of "DAWCIN ACRES"; thence South 36054153" East, on an assumed bearing along said Northeasterly line of "DAWCIN ACRES", a distance of 570.06 feet, to its intersection with She South 'line of said Government Lot 2; thence North 88 53'51" East, along said South line, a distance of 446.12 feet to the Southeast corner of said Government Lot; thence North 1021109" West, along the East line of said Government Lot, a distance of 1316.85 feet to the Northeast corner of said Government Lot; thence South 88057105" West, along the North line of said Government Lot, a distance of 558.73 feet, to the point of beginning. Subject to a 40.00 foot wide roadway easement over the East 40.00 feet of the above -described property. Subject to a 125.00 foot wide electrical transmission line easement over the East.125.00 feet of the above - described property. Parcel "B": All that part of Government Lot 2, Section 10, Township 29 North, Range 21 West, Washington County, Minnesota described as follows: Commencing / at the Northeast corner of said Government Lot; ' thence South 88057105" West, assumed bearing, along the North line of said Government Lot, a distance of 558.73 feet to the point of beginning of the land to be described; thence South 1011'09" East, a distance of 379.61 feet; thence South 23023'43" West, a distance of 522.95 feet to a point in the Northeasterly line of "DAWCIN ACRES"; thence North 36054'53" West, on an assumed bearing along said Northeasterly line of "DAWCIN ACRES", a distance of 37.00 feet; thence North 59041119" West, a distance of 135.28 feet along the Northerly line of "DAWCIN ACRES" to the most Northerly corner thereof; thence South 41005103" West, along the Northwesterly line of "DAWCIN ACRES", a distance of 374.57 feet to its intersection with the Northeasterly line of that certain public road now known as "LAKE JANE ROAD NORTH"; thence North 67015137" West, along said public road, a distance of 167.54 feet to its intersection with the West line of said Government Lot; thence North 1029128" West, along the West line of said Government Lot, a distance of 1006.47 feet to the Northwest corner of said Government Lot; thence North 88057105" East, along the North line of said Government Lot, a distance of 758.58 feet to the point of beginning. Subject to a 30.00 foot wide roadway easement over the West 30.00 feet of the above -described property; and WHEREAS, said real estate is owned in fee by Jane Nordquist and Deon H.-Nordquist and being purchased on a Contract for Deed by Republic Enterprises, Inc.; and WHEREAS, it appears the above -described land was not at the time of the application separately described parcels of record; and WHEREAS, there does not appear to be any reason related to the public health, safety and welfare which would require a denial of this large lot subdivision; and WHEREAS, the City Planning Commission considered the proposed large lot subdivision on January 11, 1982, and recommended the approval thereof: -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as fellows, to -wit: 1. The application of Republic Enterprises, Inc. for a large lot subdivision for the real estate described above be, and the same hereby is, granted. 2.. The applicant wi11 provide a Certificate of Survey showing all boundary dimensions and bearings existing and proposed, rights -of -way and easements, including (a) the existing road right-of-way of Jane Road North; (b) the existing power line easement on the East line of the property; (c) a 30 foot wide permanent road easement along the entire West line of Parcel B; and (d) a 40 foot wide permanent road easement along the entire Easterly line of Parcel "A" within the NSP power line easement. 3. The applicant shall furnish the City with revised legal descriptions for Parcels "A" and "B" using the information on all boundary dimensions and bearings. Descriptions by exception are not acceptable. 4. The applicant shall deed to the City the two permanent road easements described above and pay all pass -through expenses. 5. The City Administrator is authorized to approve the recording of any deeds relating to the above -described Parcels. Adopted by the City Council of the City of Lake Elmo this 4th day of May 1982. ATTEST: Laurence E. Whittaker, City Administrator Mayna L. Eder, Mayor i -3- R82-37 RESOLUTION CITY OF 'LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR AND ENGINEER TO SECURE BIDS FOR PAINTING OF THE WATER TOWER WHEREAS, the City Council ordered an inspection of the Water Tank; and, WHEREAS, Twin City Testing Company inspected the tank and found the City should spot clean and paint the exterio't and completely clean and paint the interior in order .to preserve the integrity of the structure; and, WHEREAS, the City Engineer also recommended the improvement in his May 17, 1982, letter to the City Ad- ministrator, NOW, THEREFORE,BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF LAKE ELMO THAT: 1. The City Engineer and City Administrator are authorized to secure bids for the aformentioned cleaning and painting of the water tank; and, 2. The City Engineer is authorized to administer the construction ''contract with Twin City Testing contracting for resident inspection and testing. ADOPTED, this the 1st, day of June, 1982, by the City Council of the City of Lake Elmo, Washington County, Minnesota. Signed: w� "0., cFae Mayor ATTEST: Larence E. W 1tta er City Administrator CLAIMS TO BE APPROVED AT MAY 4, 1982 CITY COUNCIL MEETING 82443 82444 82445 82446 82447 82448 82449 82450 82451 82452 82453 82454 82455 82456 82457 82458 82459 82460 82461 82462 82463 82464 82465 82466 82467 82468 82469 82470 82471 Postmaster - Postage meter $ Laurence Whittaker - Reimbursement for Tartan Park dinner Marcy Eischen - Meter Reader - Water Department Fund St. Treas. - Soc. Sec. Retirement Contr. State Bank of Lake Elmo - April Fed. Wh. Commissioner of Revenue - April State Wh. Laurence Whittaker - May Expenses Washington Nat'l Ins. Co. - May Hosp. Minn. Benefit Ass'n Allied Group Insurance Trust Lake Elmo Associates Limited - May Rent Wood Specuakust Inc. - Wood for 2 plaques 200.00 112.45 88.80 2,289.28 2,549.40 1,039.60 50.00 651.87 26.40 88.32 1,689.00 6.98 Lillie Suburban Newspapers - 100 Lake Elmo Maps & Legal publ. 68.80 First National Bank of St. Paul - Park Bond Sc.Chg. 25.00 Ilene Johnson - 4/19 Park Commission minutes 55.15 Mary Meyer - 4/27/82 newsletter 175.00 Kathleen Crombie - 4/16 & 4/26 PZC minutes 50.00 James McNamara - April mileage 147.25 Robert Wier - drugs for eye injury on 4/29/82 6.25 Gerald Dahlberg - April animal control ,officer 250.00 Oakwood Animal Hospital 40.00 G. A. Meyer Mercantile - Maint. Dept. supplies 115.36 Gopher Sign Co. - Maint. Dept. - bolts & nuts 21.00 Minn. Toro, Inc. - Toro Blades 59.30 Lake Elmo Repair -Truck Repair 46.00 Rolyan Mfg. Co. - "Slow No Wake" kits 15.74 Unitog - Men's Clothing Allowance 197.03 Northwestern Bell - Office $ 132.53 Maintenance 40.97 Park Shelter 11.63 Fire Dept. 40.20 225.33 N,S,P, - Office - Final (Credit) 1.03) 82472 TKDA - 82473 82474 82475 82476 82477 82478 82479 82480 82481 82482 82483 82484 Street Lites Parks Fire Dept. Water Dept. Landfill Siting M.S.A. 201 Sewer General Water Product Info. Network Div. I.C.M.A. - Volunteer Fire 517.44 66.23 212.88 144.61 477.98 365.65 4,977.17 530.30 475.78 - 3 month trial Service Reports Lake Elmo Business Assn. - 1982 Dues Minn. City Management Assn. - 1982 Membership Renewal L.E. Hardwood Lbr. - Fire Dep"t - radio room Givens, Inc. - Cores & New Keys for Fire Dept. Volunteer Firemen's Benefit Assn. - (3 new men) Oxygen Service Co. - Fire Dept. School Dist. 916 - Fire Dep't - E.M.S. Fund Mid -Central Fire, Inc. - Fire Dept Lampert Bldg. Center - Fire Dep't - radio room Delmar Eder - Anderson Corp. - Fire Dep't radio room 900.13 6,826.88 82.00 21.00 40.00 25.00 157.00 51.71 18.00 54.13 1,137.50 755.00 41. 64 39.44 CLAIMS TO BE APPROVED AT MAY 4, 1982 COUNCIL MEETING 82485 Shamrock Const. - Water Dep't - 3 Main repairs 82486 Water Products Co. - Water Dep't misc. repair 82487 Neenah Foundry Co. - Water Dept. - Curb Box 82488 Hach Chemical - Water Dep't - Flouride 82489 thru 82499 May 14th payroll - Page 2 $ 1,800.00 57.99 67.05 41.25 4,500.00 26,905.03 R-82-29 r RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY LAYOUTS FOR I-94 WHEREAS, The Commissioner of the Department of Transportation has prepared a preliminary layout for the improvement of a part of Trunk Highway Number 392, renumbered as Trunk Highway Number 94, within the corporate limits of the City of Lake Elmo, from Junction I-494./694 to East Corporate Limits and seeks the approval thereof; and, WHEREAS, said preliminary layouts are on file in the Office of the Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No. 29, S.P. 8282-40 (94=392) from 0.9 mile west of I-494/694 to 0.5 mile west of CSAH 15; and, WHEREAS, the addition of the frontage roads, access roads and bicycle trails to the City street. system world be an increase of over. 15 percent on the City system; and, WHEREAS, the levy limitations imposed upon the City of Lake Elmo by the State of Minnesota.prohibit the City from increasing the property tax levy to pay for the maintenance of this increase in -City streets; and, WHEREAS, there will be no appreciable increase in the assessed valuation of property as a .result of these road improvements; and, WHEREAS, Ideal Avenue North from the north service lane to the frontage road, and Helmo Avenue North from the frontage road to loth Street North are already City streets; and, WHEREAS, the City of Lake Elmo opposes the construction of bicycle trails at this location; NOW, THEREFORE, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway within the corporate limits be and hereby are approved subject to the following conditions: 1. The City of Lake Elmo will assume jurisdiction including maintenance for Ideal Avenue North and Helmo Avenue North only; and, 2. The City of Lake Elmo approves the paving of shoulders along the frontage road only if they are not marked, signed or designated as bicycle trails; and, 3. The City of Lake Elmo will not assume jurisdiction - .for the frontage roads, access roads or bicycle trails other than Ideal Avenue North and Helmo Avenue North and urges the State of Minnesota to retain jurisdiction over these frontage roads, access roads and bicycle trails. R-82-29 1' ADOPTED this the 4th day of May, 1982, by the City Council of the City of Lake Elmo, Washington County, Minnesota. MOVED: Councillor SECONDED: Councillor VOTE: 5-0 ,Tess Mottaz David Morgan SIGNED: Mayna2V L. Eder;`Mayor ATTEST: Aaurence E. Whittaker City Administrator STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss CITY OF LAKE ELMO ) I do hereby certify that at said meeting (of which due and legal notice was given) of the City Council of Lake Elmo, Minnesota, on the 4th day of May, 1982, at which a majority of the members of said Council. were present, the foregoing Resolution was adopted. Given under my hand and seal this day of , 1982. City Administrator^ R-82-30 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PLANS AND SPECIAL PROVISIONS OF STATE PROJECT 8282-48 (94=392), FEDERAL PROJECT 1 094-3 (380), THE CONSTRUCTION OF FRONTAGE ROADS ALONG I-94 FROM I-694 TO 2,000 FEET EAST CSAH 13. WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared: plans, special provisions, and speci- fications for the improvement of Trunk Highway No. 392 renumbered as Trunk Highway No. 94, within the corporate limits of the City of Lake Elmo, from T.H. 694 to 2000 ft. east. of. C.S.A.H. 13 and seeks the approval thereof; and, Whereas, the City of Lake Elmo objects to the designation of the shoulders of said roads as a bicycle trail; NOW, THEREFORE, BE IT RESOLVED that said plans and special provisions for the improvement of said Trunk Highway within said corporate limits of the City, be and hereby are approved including the elevations and grades -as shown and consent is hereby given to any and all changes in grade occasioned by said construction, and, THAT, the City of Lake Elmo does.not approve the designation of the shoulders of the frontage roads as bicycle trails and requests that they be paved but not designated or marked or signed as bicycle trails; and, THAT, the City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway, to be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. ADOPTED, this the 4th day of May, 1982, by the City Council of the City of Lake Elmo, Washington County, Minnesota. MOVED: Councillor Jess Mottaz SECONDED: Councillor David Morgan VOTE: 5-0. SIGNED: �^ Maynar :—Eder, Mayor V ATTEST: Lai_ it Laurence E. E. Wtt er�hi a City Administrator