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HomeMy WebLinkAbout07-06-82 CCMLAKE ELMO CITY COUNCIL MEETING, JULY 6, 1982 Mayor Eder called the meeting to order at 7.00 p.m. Councillors in attendance: Novak, .Morgan and Mottaz (7:10), Fraser absent Also present;' Administrator Whittaker. 1, AGENDA( Additions 4:. Licenses - 3,2 Beer License - Firemen's Street Dance, July 17, Delete - Lake Elmo Jaycees - Tournament Cancelled 9, Old Business - F. Demontreville By -Pass 11. Administrator's Report - H. Announcements I. Park Improvements M/S/P Morgan/Novak to accept the Agenda as amended. Motion carried 3-0, 2. MINUTES - JUNE 15, 1982: Deferred until three Council members who were present at the June 15 meeting are in attendance, 3, CLAIMS: Addition - 82697 - Registration -City Mgrs. Conf, - $371.00 M/S/P Morgan/Novak to approve Claims 82646 thru 82697. Motion carried 3-0, 4, LICENSES: M/S/P Morgan/Novak to approve the following licenses: General Contractor - Langenfeld Construction- Box 483 �-,H� tings Milo Betaglio - 4325 30th Ave,. - Mpls Creative Century Bldrs - 1111 W. 22nd St. - .Mpls Don Alberg - 1680 Manning -- Lake Elmo Heating Contractor - Hoffman Ref_ & Htg, Service - 1940 S. Greeley - Stillwater Solar Installer - Energy Shed of Oakdale - 6298 Hwy, 36 - Oakdale 3.2 Beer License - Lake Elmo Fire Department - Street Dance, July 17 Motion carried 3-0. 5. KEN ISAACSON: Administrator Whittaker reviewed Mr. Isaacson's appeal asking the Council to reconsider the order that he remove his fence and chain gate from City right-o.f.-way along 50th Street. --Ken Isaacson, Jr. - wants to keep the gate and chained area as it is - uses the area as access for his tractor to haul brush and like material from his yard,, and, in the -past, as a means of reaching the septic system fbr"pumping. Feels the access is a necessity that has been there many years. If the access is removed and ditched he would have no way of getting his tractor around to the front of the house. --Mottaz - ditch is necessary to prevent creating another unsafe public launch area, such as Demontreville. If the area is left open for Isaacson's then it has to be left open for the public, The City does not want a public access at this location. CITY COUNCIL MEETING, JULY 6, 1982 -2- ISAACSON - Continued - --Eder - recommended that Isaacson take the fence out and move `} the gate to the west onto his property, Mr. Isaacson agreed that the fence and gate can be moved back. Whittaker will forward City requirements on driveways and fences to Mr. Isaacson. 6. PUBL � IgOUIRIESt � o A. Mark iitstA ^.Tablyn' Park"< Waikwa -Whittaker advised the Counci of -Mr. Busta s-compl'!� t tat the walkway frGM27th St. Ct. N to Tablyn Park is -being used by cars and trucks as a means of access. The Administrator reviewed the situation with the City Engineer and Maintenance Foreman.. They recommended putting posts on either side of the trail at'the cul-de-sac on 27th St. Ct., and near the tennis courts, and on the trail leaving the picnic area. They recommended waiting to see if the curb on the new driveway is enough deterant to keep people from driving down into the picnic area, If not, posts and cable may have to be installed all along the east edge of the driveway. ---Mark Busta - advised the Council that the Sheriff is doing a better job of partolling the area at night - the biggest problem is between 4 and 6 p.m, --Morgan - regulations should be posted at the tennis courts and in the picnic area, --Mottaz - just beginning to see problems in our parks - possibly consider entrance gates as a part of the Master Plan and to deter late night parties and abuse of the parks, Tablyn and Pebble Parks in particular. Recommended referring this suggestion back to the Park Commission for comment. --Morgan - gate could be constructed it Tablyn provided someone could be found to open and close it each day. Agreed this should be referred to the Park Commission. The Council agreed that the posts should be installed, per the recommendation, regulation signs be placed in the designated areas and refer the gate question to the Park Commission for recommendation. Estimated cost for the posts is $70, B. �T�& tge,t'O\En_er'gy-Plant - Len Kirvida, ,7783 loth St., Bob Dreher 7515 loth St., and -'Ralph "Bud" Hildebrandt, 7703 loth St. presented a. petition signed by 35 residents urging the City Council to oppose the construction of the proposed Waste to Energy Plant in Lake Elmo. - -='Lvn Kirvida - outlined -the concerns presented in the petition. If 3M wants the plant they should put it on their property. Plant will limit the type of industry_.that,would-go in Around it, thereby limiting the sale of surrounding property and placing a burden on the propetty owners. If 3M wants the plant it should be placed on their property. --Dreher - this would affect more than just the Property owners in Section 32 - there are -homes in the area of Guardian Angels and this does not fit into the community atmosphere around the church. Feels there would be a potentially higher tax base without the plant, Strict controls would have to be put on this building. If it is going to serve the-Mining.it,should look like the Minina. CITY COUNCIL MEETING, JULY 6, 1982 -3- B, Waste Energy Plant - Continued Mottaz - 3M did not solicit this plant. This is not something they want; but have agreed to work with Ramsey and Washington County because they feel this concept is a necessary thing in our society. Either we start considering these types of plants or get more landfill sites, Does not feel this plant would lessen the potential for multiple housing or devalue surrounding property. In response to Mr. Hildebrandt"s question on water usage - the steam will be pushed back through the plant - there will be two pipes. Separation - limited to the size of the material, refrigerators, bikes, etc, will not be put through. There will be separation in the ash with ferrous metals removed. Large items will not be hauled in. --Hildebrandt - concerned about some of the material that would be burned - chemicals, paint - there has to be some separation someplace - some fluffing has to be done. --Mottaz - going to Boston and Florida to tour two of these plants. Will have pictures and more answers after the tour, --Hildebrandt - how will the smell from the tipping area be controlled? Concern of the people in the area for development of clean type industry. --Mottaz - the entire tipping area will be enclosed within the building - trucks will enter the building = fumes will not move out of the tipping floor but will be drawn into the fire, --Hildebrandt - how will the dirty water from the slurry ponds be handled? --Mottaz - slurry ponds are a part of a water scrubber system, Water scrubbers will not be on this facility. Only residue will be dry ash, The Council will hold an informational meeting after Mottaz returns from touring the plants in Boston and Florida. Residents will be notified, 7. VAN DEMMELTRAAT VARIANCE: Van Demmeltratt's are requesting a variance to construct a garage in frontof their home at 9406 Jane Road N. A Shoreland Permit is also required. Whittaker advised the Council that the Ordinance provides that a garage can be constructed in front of a home in R-1 if the neighbors agree and the Council grants a variance. The physical characteristics of the lot and the location of the septic, drainfield and w6ll prohibit -placement of the garage anywhere but in front of the house. The garage will be well behind the required minimum front yard setback and compatible with the neighboring setbacks. The neighbors have no objection M/S/P Morgan/Novak to approve a variance and grant a Shoreland Permit to Onno-VanDemmeltraat.to construct a.,detacheu residential garage closer to the front property.line than the main structure, at 9406 Jane,Rd..N. The variance being based on the following hardships, 1. Physical characteristics and grade of the lot, 2. Location of the well, septic and drainfield. Motion carried 4-0, CITY COUNCIL MEETING, JULY 6, 1982 8. PLANNING COMMISSION RECOMMENDATIONS: A. Blomquist/Popov Rezoning - ( The Council reviewed the Planning Commission recommendation to approve the rezoning request for John Blomquist. --Mottaz - has problems with the rezoning -getting a plan by default along the highway - going to end up with a strip of sheet metal buildings along Highway 12. Concerned that by changing the zoning to something other than what is in the Comp Plan anything can be done :with the property - City will have no control. Asked what Mr. Blomquist plans on doing with his remaining property. --Boris Popov - Mr. Blomquist has expressed plans to presently leave the remaining property in agriculture. Considers hang gliders as motorized recreational vehicles. --Novak - Automobile Service Uses, permitted in HB, lists recreational uses such as boat sales - possibly consider glider sales as - imilar to boat saFles.,and better zoned and permitted in HB. Maybe J &_W should',be cl:a0 ified in HB rather than, General Business. Has a problem with GB --opens the property up to unforseen uses, whereas, Highway Business is exactly what is planned. --Popov - were asked by the City to'only rezone the 150' x 660' parcel because of this concern. --Morgan - no problem with the request - plan call for business Not concerned about the rezoning - Concerned about a strip developing. More concerned about the appearance of the building and its layout. --Popov - will be a rectangular pole barn - two doors, one on each end. No floor, but will have to meet commercial code. --Eder - unless it were of comparable value to the property to the west - would oppose the rezoning and use. Would consider it spot zoning. Mr. Blomquist should be asked what he intends to do with the remaining property. If he is going to commit 2 acres he must have some idea of how he wants to commit the rest. --Novak - if rezoning to HB is to be considered is should be HB along with an over-all plan for the remaing property. --Eder - recommended remanding this back to the PZC and request Mr. Blomquist, or his representative, attend the meeting and discuss his 'future plans for the property. --Popov - creating a hardship for the business:by"delaying action. Have done everything the City has requested. --Eder - not unreasonable to ask Mr. Blomquist what he intends to do with the remaining property. --Whittaker - two questions - is this an acceptable use in HB - what is the intended use for the remaining property. M/S/P Mottaz/Morgan to table action on the Blomquist/Popov rezoning and request Mr. Blomquist attend the next Council meeting, July 20, to answer the questions raisedt by the Council. Motion carried 4-0. Whittaker recommeded that Mr. Popov bring in his site and building plans to the next Council meeting. B. Flea Market - Vali-Hi Drive _In -- John Sauers,_r-epresenting the St. Croix Rivermen, was present. The Council reviewed the Planning Commission recommendation to approve the CUP. CITY COUNCIL MEETING, JULY 6, 1982 -5- B. Flea -Market - Continued Whittaker reported that he talked to the deputies and they thought r the theatre owner, Mr. O'Neil, would require that a deputy be on duty during hours of operation. Mottaz - a deputy should be a requirement of the permit. Also, the permit should provide that if a safety problem develops, because of this operation, along the highway, a traffic control person will be required as a part of the permit. --Eder - number of vendors to be set at 100 - the permit holder is to notify the City when this maximum number is reached. M/S/P Mottaz/Morgan to adopt R-82-39, a Resolution approving a CUP to operate an open sales lot to run a Flea Market at the Vali-Hi Drive -In for the St. Croix Rivermen with the following conditions: 1. Season of Operation - March to October - same as the Drive -In 2. Days of Operation - Sundays only 3. Hours of Operation - 9 a.m. to 4 p.m. 4. Signing - on the theatre marquee only 5. The Casty reserves the right to require a- licensed -police officer should it be determined there is'a traffic safety problem along Highway 12 caused by the Flea :Market.- 6. A maximum of 100 vendors 7. This is an annual permit, reviewed yearly by the City Council Violation of any of the above conditions can result in termination of the permit. Motion carried 4-0. C. Neudahl Large Lot Subdivision - The Council reviewed the Planning Commission recommendation to approve a large lot subdivision for Kenneth Neudahl. Whittaker advised the Council of the City Attorney's opinion regarding the combined ownership of Parcel B. A Development Agreement could be recorded that states that this is one parcel. Each:cif the fee owners would have to sign the agreement. Should Neudahls default on one of the contracts the non -fee held property in Parcel B would not be buildable until rezoned and subdivided. --Eder - as all surrounding property is R-1 there should be an over-all plan showing how the property would be developed as R-1,, so that whatever is done now, 2 acres or 10 acres, fits the R-1 plan. -- Dennis Peck, Votel Development, working with Bruce Folz - the 2 acre site is in accordance with the over-all development plan,for the 34 acre parcel. Problem is that the property is under three contracts except for a 2 acre parcel.,that they hold title to. Presently, just trying to give the Neudahl's a homestead as they are living in the old farm house on Parcel A. The proposed site was selected because it is high ground and will not have any detrimental effect on the over-all storm water management in the area. An over-all sketch plan can be submitted; but because of the cost and time element for rezoning and developing a detailed subdivision, the Neudahl's feel this request is-the'simpliest way to enable them to build the r-home this year-. Their ultimate des -ire -is to rezone and develop the property; but this is a heavy burden for them to sustain at this time, All they want to do is build a house. Initial request was to live in the old farmhouse during construction of the new house, 4then abandon the old farmhouse. Were not familiar with the City Code and were told this could not be done under the property's zoning, thereby, precipitating this proposal. CITY COUNCIL MEETING, JULY 6, 1982 Q-2 C. Neudahl Large Lot Subdivision - Continued lder -seen many mimes over the past 13 years because �- people were not familiar with the rules. Purchaser should make it a point to be sure _ of every rule the City has. The investment in the land and the improvements to the land are equally aa'import.ant as the structure on it - once it is there it will never move. Many things beyond ,our control that ran prevent well intentio e plans-o adeaS.from-happening. The property owner should set the direction for .the property, including the house in which they are going to locate. Since Neudahls control the three parcels_now is the time to determine how this property should be developed through some type of sketch plan and fit the one parcel they want to live on into this plan.,.- whether the plan be for RR or R-1 zoning. This should be done now. --Novak - if the future intent is to rezone the property, why not do it now and avoid 'starting out requiring a variance. --Peck - property could be subdivided to meet the 300' frontage - but this would create a more gerrymandered picture. Problem is,that although platting may be the most logical way to proceed, the dollar and cents cost and a serious time cost. Don't see the possibility of putting together a plat and having it approved by the Planning Commission, based on comments of concerned .residents at the last Commission meeting, within less than 8-9 months. This does not accomodate some real needs on the part of the land owners. --Mrs. Neudahl - in any subdivision have one constant -• that being the house the owners are living in. The new house would be,.thei.constant - plan to destroy the house that are presently living in - old -farmhouse, has no salvagable potential. Want to get into a new home by this winter,- have been living in the old farmhouse two years. This is the first opportunity financially since purchase of the property to go ahead and build a house. Old farmhouse is a detriment to the area. --Novak - if this is the intent, would rather see some type of variance with bonding that allows construction of a house on parcel A -and insure the removal of the old house. This would provide the time to lay out -the property correctly, -Eder - as soon as the additional parcels were contracted for the Neudahl's put themselves in the position to plan for the future use as potential developers of the land. Future use cannot be controlled without a plan. --Peck - problem ie Neudahl's only hold fee title to 2•3 acres of Parcel A, this would create a problem for Mr. Price, the fee owner, should the existing homestead"be _declared illegal or unhabitable. He would lose the security for the rest of his parcel - he would just have land - not land with an occupiable building. Mr. Peck reviewed the property lines and the parcel owned by the Neudahl's. --Eder - if :the ultimate intent is to rezone to R--1, as indicated by Mr. Peck and Mrs. Neudahl, it should be done now. --Whittaker- explained the process for rezoning , submitting a sketch plan, and platting one lot. --Mrs. Neudahl - trying to avoid the emotional situation that platting would create in that area particularly regarding the traffic flow, and the extension of Jerome Avenue. Foresee approval of a plat taking 8-10 months, thus delaying construction of their home this year. CITY COUNCIL MEETING, JULY 6, 1982 -7-- C. NNeudahl Large Lot Subdivision - Continued Mottaz — agrees there slFould-� a sketch plan. --Peck - can a concept plan be presented for review and comment without belhg considered as a request for a Pxeliminary Plat. --Whittaker - can apply for rezoning, provide a sketch plan for the entire parcel and plat one lot, M/S/P Mottaz/Morgan to request Kenneth Neudahl to provide a sketch plan showing future subdivision of Parcel A and B„ as described in his application,; make application for a rezoning for said parcel to R-1, with the subdivision providing one platted 2-3 acre lot to accomodate the Neudahl home. Motion carried 4-0. , The Council confirmed that R-1 zoning is the appropriate and planned zoning for the Neudahl property, 9, OLD BUSINESS: A. Resolution:app'roving 201 Sewer Study - --.Eder still concerned about residents who are in need that will not get the help if they are not included.'in the initial program. Also concerned about'losing our reservation for some point in time to pick up -residents- in some type of solution. should water conditions change, M/S/P Morgan/Novak to adopt R-82-40, a resolution of intent regarding waste water treatment works. Motion carried 4--0. --Eder - agrees with the report - convinced this will not solve the problems in the Old Village. B, Signage - Demontreville Trail - Access Warning & $25.00 Fine - Whitta-ecer advised the Council that the _25 fine for par ing violation along Demontreville Trail appear to be working, The Council directed the Administrator to request the County to post a warning sign "Access Ahead" and 'a sign stating the 825 fine fnr parkin( violations at the Demontreville Access. Novak reported that the widening of Lake Elmo Avenue has resulted in an increase of parking with people crossing private property withcanoesand small boats to gain access tothelake. She recommended that additional signing be posted along Lake Elmo Ave, Mnttas reported nn his meeting wi+,h Cnmmissioner Schaefer on hike trail desianations. Schaefer aareed that the Ghoulder alnna Co. 17 would be a anod area for a hike trail. Mottaz recnmme.nded nursuina the designation of cshnuider area along Countv 17 as a hike trail. This designation would eliminate the narking nroblems_alona`17 a[ parking is prohibited on a bike trail. C. Publication,of Ordinance Summaries - M/S/P Eder/Morgan to publish by title and summary the following Ordinances: wetlands/Soil Protection Ordinance, Coderfor Parks and Planning Commissions, and Amendments to the Zoning Ordinance. Motion carried 4-0. CITY COUNCIL MEETING, JULY 6, 1982 �� 9. OLD BUSINESS: D. No Parking Zones Ordinance - M/S/P Mottaz/Morgan to incorporate the "No Parking Zones" as a part of Section Regulations in the City Code. Motion carried 4-0. 1002 - Vehicle Parkinq E. Flaga and Picture Rails for Council Chambers - Whittaker adv sed__ETe'Councii "that the cost for a flag and pole for outside the City Office building would be $500; and new stands, poles and flags for the Council Chambers would be $90 ea. He noted this is within the budget for the new office. The Council directed the Administrator to ask the building owners if they wouldsplit the cost of the outside flag as this would remain if the City Office should move, Picture Rail - Tha estimate from.S_iegfried Construction for 361_.of a uminum.picture rail installed was $220, --Morgan - opposes the use of the Council Chambers to display _ amateur art work - area should be used to display items of public interest, --Mottaz - intent was to use the molding to avoid puttinq holes in the walls when.hanging maps , plats, wall decorations, etc. M/S/P Mottaz/Eder to authorize the expenditure of $220 for the purchase and installation of 36' of aluminum picture rail for the Council Chambers. Motion carried 3-1. Morgan opposed. The rail to be installed on the east.and south walls of the -Chamber. F. Demontreville By -Pass - The Council discussed the letter of response from Chuck Swanson, County Engineer, proposing that the shoulders along Demontreville Trail be widened and paved, rather than relocate the road to accomodate a boat launch and parking area. --Mottaz - what Swanson proposes is what is there now - the City's suggestion is a solution to the safety problem - talking about possibly saving lives. Mottaz said Commissioner Schaefer has indicated that three Commissioners favor the City's proposal. --Eder - will contact Commissioner Schaefer about placing the City's proposal on the County Board Agenda for discussion. 10. COUNCIL REPORTS: A. Mayor Eder - Advised the Council that he was appointed to the Met Councils. Regional Revenues Task Force which reviews the funding for Metropolitan agencies, No Other Council Reports 11. ADMINISTRATOR'S REPORT: A,, Word Processor for 1983 Budget - Whittaker reported that the programs from IISAC/Wayzata will not be ready until this fall, too late for the 1983 Budget, and recommended putting the budget on DeLaHunt Voto's word processor. Oakdale and Woodbury are presently using Voto's computer for their budget, Estimated cost is $600. This would provide better, more readable information during the budgeting process and can be transferred to the City computer. CITY COUNCIL MEETING, JULY 6, 1982 - 9 .- 11. ADMINISTRATOR'S REPORT: / A. Word Processor - Continued 1 M/S/P-Morgan/Mottaz to approve word processor in preparing the Motion carried 4-0. the use of the DeLaHunt Voto 1983 Budget. B. On -Site Sewer Ordinance - Whittaker referred the Council to his memo of June 25, Re: New On -Site Sewer Ordinance and Metropolitan Guidelines. As some of the Council members had not reviewed the new Ordinance, the item will be placed on the July 20 Agenda for action. M/S/P Novak/Eder to defer action on the On -Site Sewer Ordinance until July 20, 1982. Motion carried 4-0. C. Gravel for\'5'Oth St, and 43rd Street - Whittaker advised the Councc l'that the Maintenance Foreman has inspected the roads to determine which roads need additional gravel to maintain the road base; and, recommended regraveling 50th and 43rd Streets from Kimbro to Lake Elmo Avenue. He received the following bids for the work: $$501.20 - T. A. Schifsky; $7,260.00 - Molter; $5,009.40 - Miller The funds would come from the gravel budget and MSA maintenance fund. M/S/P Morgan/Mottaz to accept the low bid of $4,501.20 from T. A. Schifsky to do the regraveling of 50th and 43rd Streets from Kimbro to Lake Elmo Avenue. Motion carried 4-0. D. Windscreen for Lion's Park - The bid for the windscreen was $ 619_ T_ M/S/P Morgan/Eder to accept the bid of $619 and authorize the_ expenditure :for windscreens at the -tennis courts at Lion's Park. Motion carried 4-0.This is a_.budgeted item in the 5-year Park Plan. E. Landscaping Standards - Whittaker advised the Council that the Planning Commission has finished the Landscaping Standards and that they have been forwarded to the Business Association for review and comment. F. Limerock - Ballfield at Tablyn Park -- The Jaycees have completed all the work except for placing the Limerock on the infield of the ballfield at Tablyn Park. They do not have the funds to put on the rock and have requested the City to purchase the rock, which they will 'level out on the field. Estimated cost for the limerock is $1,000. $2500 is available in the Capital Improvement Program for 1982 for this field - to date nothing has been spent. The Park'CoMmission recommended the work be completed. M/S/P Novak/Eder to solicit bids and authorize up to $1,000 to ( purchase Limerock for the ballfield at Tablyn Park. Motion carried 4-0. CITY COUNCIL MEETING, J'ULY 6, 1982 -10- 11. ADMINISTRATOR'S REPORT: i G. Up -Date on Contamination to Lake Elmo Landfill 1 Eder referred tEEe Council to the letter from the MPCA on the status of the well'testing around the old "landfill, and their position denying any liability to any person concerning the landfill. The Council directed the Administrator to write the County Attorney and explain the City's action concerning the issuance of building permits adjacent to the landfill site. H. 1. Meeting Schedule for' -Landfill -Siting in Regional Park: July 13 - 1c3 p.m. -'Met CT 'oanc 1 = ^3` � anagernen July-22 -- 3:30 p.m. - Physical Development Committee Aug 12 =' 4:00 p.m-. - Met Council .�k. ttee 2. 1006 Project Valley Branch Watershed The Managers have regueste the City io indicate what they want the watershed to do next concerning Project 1006. They will do nothing unless they get a petition from Lake Elmo for a specific project. Whittaker advised Nels Nelson, VBWD, of the City's past position. --Eder - will contact Al Dornfeld and confirm their present Whittaker will send a transcript of the last joint meeting with the Watershed and a letter outlining the City's specific recommendations to Mr. Dorfeid. 3. Park improvements - Demontreville Park - The Park Commission recommended going ahead with the bridges in Demontreville Park, as planned and budgeted for in the Park Plan. $1,000 was budgeted for this work. The J'aycess have indicated they can build.- -the 'bridges for $300. M/S/P Novak/Morgan to authorize $300 for bridge oonstruction in Demontreville Park. ADJOURNMENT: M/S/P Mottaz/!,organ to adjourn at 10:30 p.m. RESOLUTIONS - 82-39 CUP Rivermen Flea Market 82-40 Waste Treatment 201 n-vz--3`1 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO A CONDITIONAL USE PERMIT TO OPER- ATE A FLEA MARKET AT THE VALLEY HI DRIVE-IN BY R.J. O'NEIL WHEREAS, R.J. O'Neil has applied. to the, for a conditional .use City of Lake Elmo permit to operate Valley Hi Drive -In in. ta flea market at the he City of Lake Elmo; and WHEREAS, there does .not appear to be any reason relating to the public health, safety and welfare which would require a denial of said application; and WHEREAS, the City Planning Commission considered Mr. O'Neils of June 28 application and recommended approval of same at their meeting 1982. NOW, THEREFORE, BE IT RESOLVED -by the City Council of the r City of Lake .Elmo as follows: ., 1. The application of R.J. O'Neil for a conditional use per to operate a flea market at the Va1.1ey Hi Drive -In be and the same hereby is approved subject al the following terms and conditions to which the applicant agrees: a. The flea market ope.ration'shall be for the same season as the drive-in theater, that is, March through October of each year. b. The flea market operation shall be on Sundays Only and the hours of operation shall be from 9 a.m. to g p.m. C. The only sign for the flea market operation shall be on the theater marquee. d. The City reserves the right to require a licensed Police officer if a safety problem develops at the flea market operation. e. The City shall be advised by the applicant in the event more than one hundred vendor spa rented. ces are f. This permit shall be valid only through December 31, 1982 and can be amended if conditions merit and can be denied or revoked if these conditions are violated. Adopted by the City council of the City of Lake Elmo this 6th day of July 1982. Maynard, L. Eder, Mayor ATTEST: Laurence E• Whittaker City Administrator, -2- i I R-82-40 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OF INTENT REGARDING WASTEWATER TREATMENT WORKS CITY OF LAKE ELMO,'MINNESOTA WHEREAS, the City of Lake Elmo has the legal authority under Minnesota Statute 429 to contract and assess the cost of wastewater treatment facilities; and, WHEREAS, the City of Lake Elmo has the legal authority under Minnesota Statute 44.075 and the necessary financial, institutional and managerial resources to operate and maintain wastewater treatment facilities; and, WHEREAS, a facility planning report has been completed in accordance with EPA Construction Grant Regulations, which indicates that certain existing individual wastewater treatment facilities are in need of improvement and which recommends certain improvements to -these wastewater treatment and disposal facilities and construction of new facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that: 1; The City hereby accepts the facility planning report and authorizes its submittal to MPCA for review and approval, and 2. The City authorizes the filing of an application for State and Federal grants for the design and con- struction of recommended wastewater treatment improvements,.and 3. The City intends to design, construct, operate, and maintain all public facilities and design, construct, and assume proper operation and maintenance of all private facilities if they are approved and funded by MPCA and the U. S. Enviromental Protection Agency. Moved - Morgan Seconded - Novak Vote - 4 Aye. Fraser absent; ADOPTED, this the 6th day of July, 1982 by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED'. Mayn" L, Eder„Ta'yor ATTEST: 9-1(a j - Laurence -;�Fiittaker City Administrator CLAIMS TO BE APPROVED AT JULY 6, 1982 LAKE ELM CITY COUNCIL MEETING 82646 Washington Cty. Treas. - copy of deeds 82647 St. Treas.-Soc. Sec. Contr. Fund - June contribution 82648 Commissioner of Revenue - June State tax wh. 82649 State Bank of Lake Elmo - June Fed, tax wh 82650 State Treasurer - Dave Wisdorf-Wastewater treatment certificate 82651 State Treasurer - Dave Wisdorf-Waterworks operator certificate 82652 North Country Pools - Bldg. Permit refund 82653 James McNamara - July 9th payroll - vacation check 82654 James McNamara - June Mileage 82655 Ferraro Heating - Heating permit refund 82656 Kenneth Carroll - July 9th payroll - vacation check 82657 Laurence Whittaker - July Expense $ 50.00, Hosp. reimbursed $ 54 82658 Washington National Ins. Co. - July hosp. 82659 Minn. Benefit Assn 82660 Allied Group Insurance Co. 82661 Washington County - Landfill payment 82662 Kathleen Crombie - June 14th & 28th PZC mtg. 82663 Ilene Johnson - Park Commission minutes 5/21 mtg. 82664 Mary Meyer - 6/22/82 newsletter 82665 Lillie Suburban Newspapers - copies of maps 82666 The Office Stores Inc. - 1 month typewriter rental 82667 Gerald Dahlberg - Animal control for June 82668 Oakwood Animal Hospital 82669 Lake Elmo Associates Ltd. - July rent 82670 Chapin Publishing - Keats Ave. publication 82671 Bruce Folz & Assoc. - Boundary survey - 50th St. Lanes Dement. 82672 Northern States Power 82673 Northwestern Bell 82674 T K D A - General $ 660.46 MSA 745.66 201 Sewer 6,709.85 82675 Givens, Inc. - Locks keyed for ixf e department 82676 Kunz Oil Co. - Fire Dep't gas 82677 General Electric - E.M.S. Fund Fire Dept 82678 International Harvester - Fire Dept - truck repair 82679 Stillwater Clinic - Fire Dept injury 82680 Lake Elmo Hardwood Lbr. - fire dept - radio room 82681 Vern's GTC Auto Parts - Maint. dept - truck repair 82682 Jim Hatch Sales Co. - Maint. dept - supplies 82683 Bahls Motor & Impl. - Maint. dept - truck repair 82684 G. A. Meyer Mercantile - Maint. dept - misc. supplies 82685 Tower Asphalt Construction - street patching Lake Elmo Ave. 82686 T. A. Schifsky - MC Mix 82687 Minn. Toro - Mower tires 2.00 11529.80 699.50 1,688.60 15.00 15.00 79.50 489.04 164.25 19.75 452.24 104.00 651.87 26.40 98.32 7,500.00 50.00 47.65 175.00 10.00 52.00 310.00 337.00 1,689.00 114.00 285.00 935.29 258.41 8,115.97 82.81 23.00 902.00 63.40 28.00 143.93 30.18 33.41 5.58 93.32 2,196.00 139.92 96.71 82688 thru 82696 July 9th payroll 3,550.00 $ 331302;85