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HomeMy WebLinkAbout08-03-82 CCMLAKE ELMO CITY COUNCIL MEETING, AUGUST 3, 1982 SPECIAL MEETING ON HIGHWAY PLAN Mayor Eder convened the meeting at 6:12 p.m. Councillors Present: Novak, Mottaz and Fraser, Morgan Absent, Also present, Administrator Whittaker Eder explained that the purpose of the meeting was to establish a Lake Elmo position for a meeting with the City of Oakdale and the Washington County Highway Department to talk about the realignment of 50th Street and relocation of CSAH designations. County 13 r"Relocation - The Council reviewed the proposed relocation of County around t e east side of Lake Jane; and agreed that,based on the area left to develop in this section and the traffic that would be generated, a collector in this area is not justified. This would concur with the County''s past action of not including this proposal in their Capital Improvement Program, The improvement of Keats and future improvement of City MSA streets from Lake Jane to CSAH 17 and Highway 36 would handle futureresidentialtraffic from the -area. Exiting south to State Highway 5 would probably be a preferred route for residents south of Lake Jane. County 19� - The City wants to see County 19 built as a parkway type road coming up to the Regional Park; but have requested via R- that this not be designated a County State Aid Highway, --Mottaz - County will have to pick up some CSAH-designation for Co, 19, The Council agreed that the State Aid designation for CASH 17 from I-94, Highway 12,to loth Street, which must be given up once I-94 is completed, should be assigned to loth Street from CSAH 17 to proposed County 19. CASH 17 would remain a State -aid highway from loth Street to Highway 5, 50th,Street - The Council decided not to give up CSAH desig`,'ation for Demontrevillle Trail in order to expedite construction of 50th Street in Oakdale, The Council wants to see 50th Street realigned to Highway 36 and agreed to give up CSAH designation on CSAH 6 from Highway 5 to the City limit, If Oakdale would give up their CSAH designation for CSAH 6 from 13B to Highway 120, there would then be adequate CSAH designation to build 50th Street, NO PARKING ZONE ON CSAH 17 Whittaker advised the Council that the County Highway Department wanted the City to repuest a "No Parking" zone be posted on CSAH 17, both sides, from State Highway 5 to a point about 300 feet south. He said the County wanted this so that they could cut down on the flagrant parking violations now occuring there.,. Novak - wondered why this was not brought up at LEBA meeting on this inter- section. Fraser - thought the Council should let property owners know about this before acting on it, Eder - if you tell property owners about this, they might take care of the / problem Council agreed that City Administrator should meet with Larry Bousquet and the affected property owners to better define the problem and determine if it could be solved without posting a "No Parking" zone. LAKE ELMO CITY COUNCIL MEETING, AUGUST 3, 1982 -2- Mayor Eder reconvened the meeting at 7:10 p.m. . 1. AGENDA - Additions: 4. Browning Ferris Industries of Mn. - Waste Hauler 5. Budget Surveys 7. Dave Bonestroo - Septic System 12. A. Gun Club Rep - Tour of Gun Club 13. E. VBWD - Use of Council Chambers for meetings 14..C. League Memo of July 29 M/S/P Mottaz/Fraser to adopt the agenda as amended. Carried 4-0. 2. MINUTES - July 20, 1982 - Correction - Page 2 Item 6. B. Vote 45-apes}(4 ayes;Novak nay) M/S/P Novak/Mottaz to approve the minutes of July 20, 1982, as amended. Carried 4-0. 3. CLAIMS - Additions: 82801 - CNW Railroad - Watermain.Permit $700.00 82802 - Peterson Building Maint. - City Office $ 65.00 M/S./P Mottaz/Fraser to approve claims 82747 thru 82802. Carried 4-0. 4. LICENSES - M/S/P Fraser/Eder to approve the following licenses: Browning Ferris Industries of Mn. - Waste Hauler 3.2 Beer License - Green Acres Rec, for Schanno Transportation, Inc. Carried 4-0. 5. PUBLIC HEARING FEDERAL REVENUE SHARING - Mayor Eder opened the hearing at 7:18 p.m. There being no public comments on the use of the Federal Revenue Sharing funds, Eder *Amended closed the hearing at 7:20 p.m.*Following a brief discussion the Council /17/82 agreed to consider designating FRSa'Funds for police services in 1983. 6. BUILDING PERMIT - P.at Crawley., 75 Cimarron - M/S/P Mottaz/Fraser to approve a building permit for a porch addition at 75 Cimarron for Pat Crawley. Carried 4-0. 7. PUBLIC INQUIRIES - Dave Bonestroo - 8211 Hill Trail N. - Mr. Bonestroo explained that his present septic system is failing and a newwdrainfield is needed to replace the current seepage tanks. The back yard is the only area available to locate the new system. This construction requires a variance from the Shoreland Ordinance and DNR-approval:, to -permit the last run to be 561-°at the farthest point and 36' at the closest point to the lake; a septic system permit, requiring the system to be properly sized for the number of bedrooms and the soil perculation rates; and a variance from the septic system permit to permit the drainfield to be within 10' of the house; A retaining wall is proposed along the last run to the west. This is necessary to install the last run and secure the bank area. --Engineer Bohrer - Has reviewed the site; does not see any problems with the variances; variances frnm the, horizontal high water mark setback have been granted in the past for previously platted property, where no other area is available on the lot; system will. be .in natural ground- will not be built in fill, retaining wall is proposed for two reasons: (1) it will help dispose of the excess material from the trench excavation - material cannot be spread on the bank , too hard to stabalize & lot shape impedes getting a truck_ in to haul out the material. LAKE ELMO CITY COUNCIL MEETING, AUGUST 3, 1982 -3- Bone:stroo Continued --Engineer Bohrer - (2) provides a flat -- needed additional trench. No health or with the 10'variance from the house. --Novak - auestioned the need 1-n check sure it is functioning properly. --Boncestroo - did not think this would --Mottaz - this variance should require area to construct the structure related problems this system yearly to make be necessary. the same stipu]_ation for annual inspection as was required for Steven. Larson. Whenever a variance is permitted in the. Lanes Demontreville Country Club or J. L. Cohn the inspection requirement should be attached to the variance. concernedaboutthe distance of the last trench from the retaining wall - distance should be the same as from a structure .to prevent moisture from forming. --Bohrer - Explained his understanding of the distance requirement. Pomna:bility"that the third trench will not be as close as indicated on the sketch (6'-7')to the wall. Engineers"Bohrer and Machmeier will review the-perc tests and make a determination on the design of the system before a permit is issued. M/S/P Novak/Mottaz to grant David Bonestroo, 8199 Hill Trail N.",- a'variance from the 751 s Srroreland'Ordinance, etback.to_'permit coristruotiorr of a drainfield and retaining wall within 36' of Lake Olson; and a variance from the 20' Septic Svstem requirement to permit construction of a drainfield no' less thn'n 10' from the house subject to: 1. Approval of tfie design and construction of the system and retaining wall from the DNR and City Engineer. 2. An 'agreement -between the City of Lake Elmo.and David Bonestroo providing for an.annual inspection and' -report on the system and retaining wall. Said agreement to be in the format of the Development Agreement between the City and Steven Larson Motion carried 4-0. WASTE TO ENERGY PLANT - Guidelines The Council had the following comments on the Administrator's memo of July 28, 1982, Re: Waste/Energy Plant Concerns. --Fraser - Page 2, Item 6 - aesthetics -of the plant can be done architecturally rather than cosmetically - no need to put up something ugly and then disguise it. Structure can be functional_ and reasonably attractive. Page 1, Item 1 - is it necessary to expect the prospective plant` purchaser to buy more property than he might need when the land owner would most lzkely'sell the best part of the:property first on the -Open market. ---Mottaz - have to see the property -to understand this recommendation. Would preserve a- large wetland area .- keep the facility more isolated from residential - would probably pay as much for the whole parcel as for the 20 best acres - purchaser might not do this unless it is suggested. Talking about 80 acres with 60A being marginal or not buildable. --Eder - Page 2. Item 8 - why use 50( rather than $1.00 per design ton. Would like to see a higher figure. �, --Mottaz - just a discussion figure. Boston plant is $1.00 pdt. CITY COUNCIL MEETING, AUGUST 3, 1982 WASTE/ENERGY - Continued - --Mottaz - Item 4 - Want to avoid having both the City and the Plant installing a water system. Propose either the Plant or the (- City put in a well and water tower large enough to service all of Section 32. This matter is moving very fast. Unless Lake Elmo makes these'decisions - and makes them right now - and passes the information along and becomes an active part of this process or many of the decisions will be made for us. --Bohrer - City should think strongly about purchasing contour maps for Section 32 in order to properly plan the systems lay outs :i(eg. streets, sewer, water, etc.) for the entire section. The plant will just be one user in the section of municipal facilities. The Council took no actionp butwillview the site and continue to consider all aspects of the project. In lieu of a written report, Mottaz gave a slide, presentation of his tour of the Saugaus and Tampa energy facilities. 10. ENGINEERS-:RBPORT B. Old Village Drainage Whittaker reported on the joint meeting with eta e Sch�tgen, Gordon Mooseburger and the City Engineer on the drainageway from the VFW ball field to the rail- road tracks. Mr. Schiltgen felt no responsibility for the problem and was unwilling to give or sell the City an easment across his property or provide an easement along the west edge of his property to dredge out the drainageway. In order to pursue this work,the City would have to condemn an easement. 'Mr. Schiltgen had verbally agreed, several years ago, to plow a dead furrow through the drainageway to keep it open; but indicated it was for only one year as a favor to Tom Armstrong. --Whittaker - talking -about a'5-5° change in:the"drainageway- Immediate meda 7 bake Elmo. Hardwood -who stores lumber in - -- the parking area that is below the elevation of the drainageway. This parking area was high enough at one time. --Fraser - should start documenting correspondence, conversations, etc. to property owners on maintenance requests and requirements for this drainageway., should additional problem arise in the future. --Whittaker - aerial photos show a general drainage pattern across Schiltgen's field. --Bohrer improvement ro this area would be general benefit to the Old Village north of the tracks; but has seen no evidence that the situation with Lake Elmo Hardwood has changed over the past few years. --Whittaker - when the City was requested to clean out the ditch along the VFW ballfield, the City crew determined that it could not be lowered enough to give the storage area a positive outlet - could not go any lower because would be lower than Schiltgen's field and would pond in the ditch. --Bohrer - secret would be in LEHL's original plan when they paved the area. Plan would indicate the elevations and if these elevations had changed. The Council instructed the Administrator to write a letter to Mr. Schiltgen evaluating- the situation -and requesting Sim to fulfill his agreement to plow a dead furrow as previously requested and agreed, CITY COUNCIL MEETING, AUGUST 3, 1982 -5- 10. ENGINEER''S REPORT: A. Watermain Crossing Permit from the Railroad to construct a wat rmae � across e tracks has been received. There are no special provision that would increase the cost of the project. The license fee is $600. Bohrer recommended that the City Attorney review the permit/agreement. M/S/P Fraser/Novak to adopt R-82-46, A Resolution approving the permit for construction of the watermain line under the C&NW railroad tracks, subject to review and approval of the City Attorney. Motion carried 4•-0. M/S/P Fraser/Eder to award contract for the watermain crossing to the low bidder Boring, Inc. for the low -bid price of $9,820. Motion carried 4-0. C. Tablyn Park Parking Lot,:Cons'tructi;on - The construction is substantially complete -'some clean-up work remains,, the landscape contractor has been notified that the sod has died and will have to be replaced. This will be done after the sod fields get some rain, The contractor has requested a partial payment, less the replacement sod. The Engineer recommended issuing a partial payment of $7,500 - 95% of the work completed to date. M/S/P Mottaz/Fraser to make partial payment of $7;500 to Buberl Landscaping for 95% of the landscape work in Tablyn Park. Motion carried 4-0. D. Reats Avenue - Contractor is planning on beginning work on August for August 6, starting with fence relocation and tree removal. Grading will begin August 9. Work will begin at 47th St. and proceed north to Highway 36. Completion date is October 31. 9. LANDFILL SITING: Enforce Covenant The Administrator reported that it appears that the Met Council will approve the Regional Park for a lnadfill site. The Council decided not to pursue any legal action on enforcing the covenants until the Met Council makes an official decision on the site. CITY COUNCIL MEETING, AUGUST 3, 1982 BREAK: 9:00 - 9:15 p.m. ll, NEUDAHL REZONING AND PLAT OF LAKE JANE ESTATES: Dennis Peck presented the Concept Plan and.rezoning proposal for Lake Jane Estates, a 34 acre parcel owned by Kenneth Neudahl. The Planning Commission recommended approval of the rezoning and a Final Plat for a 1.5 acre lot subdivision, with stipulations. The Neudahl's are requesting approval.of the rezoning=and'the final plat for the 1.5 acre lot.' -Eder - until new concept plan is deemed acceptable by council -want it understood that the.Concept Plan for Lake Jane Estates will be considered just the concept plan of record by City. --Peck understand this - feel this is a good concept plan, one that barring some real changes in City policies, or Neudahls future intentions, is something that Neudahls will try to abide by. -mBruce Folz - presented the concept lay -out, defining street locations and connections and ponding areas. . Important that the concept of the connection from Foxfire to Jane Road be accomplished; but.it should be accomplished in an indirect, or maze type way. The street system within Lake Jane Estates is designed to provide Ix -connection yet discourage through traffic. --Peck - the old farm house cannot be torn down until the Neudahl's-hold clear; title to the entire Price parcel. -Novak - how will the new home be served - will it come off the present driveway to the old farm house or will the proposed street be constructed. --Peck - PZC. made it clear that the new home should not access directly onto Jane Road, Designed the house so that it will access onto the existing driveway. --Eder - three recommendations; 1, approve the rezoning;•2, acknowledge the Concept Plan; 3, approve the Final Plat of the 1.5 acre lot, subject to the conditions made by the PZC. M/S/P Mottaz/Eder to adopt Ordinance 7937, An Ordinance rezoning 34 acres, as described on a separate attachment herewith, to R-1 for Kenneth Neudahl, as provided in the Comp Plan. Carried 4-0. M/S/P Mottaz/Fraser to accept the Concept Plan for Lake Jane Estates dated 7/12/82. Carried 4-0. --Novak - has a problem with the access for the new lot. Agrees the access should come off the proposed street (existing driveway) but the street is not there yet. How can we avoid having a private driveway that is servicing two homes. Want some assurance this will not become a private road in the future. --Whittaker - Nuedahl has the required frontage on a public street (Jane Road) for both the existing farm house and the new home. PZC did not want the new home to access off of Jane Road. --Novak - since there will be two -homes serviced off this driveway should require the street to be put in. a -Eder --it is understood that this is being done because there is only one owner - should this change; they would have .to come back to the City for -approval of more than on house off of the exist driveway. --Peck - may want a requirement that the owner of Lot 1, Block 1, has an easement over the adjoining property. House and gargage are designed so that the only access is off of the existing driveway. CITY COUNCIL MEETING, AUGUST 3, 1982 -7- NEUDAHL REZONING - Continued M/S/P Mottaz/Fraser to adopt R-82-47, a Resolution approving the Final Plat of Lot 1, Block 1, Lake Jane Estates subject to the following conditions: 1. There be one driveway coming off the existing private driveway from Jane Rd. N., to serve Lot 1, Block 1, only. 2. Right -of- way for Jane Rd. N. be dedicated. 3. There be a developers agreement stipulating that the owners of Lot 1, Block 1, Lake Jane Estates secure an easement for access to this lot should it or the balance of the property be sold. 4. There be a park donation of cash in lieu of land. Motion carried 3-1. Novak opposed,- not opposed to the idea; but anticipates problems in the future with the private road/driveway. Park Donation - --Peck - proposed•.$1,800/$2,000 peracrevalue; based on a land purchase price of $27,500, as the basis for determining the amount of the park donation. --Fraser - does not feel the present ordinance on determining land value is useful - need a policy based on specifics - have to determine a basis rather than conjecturing figures with the land owner. --Peck - explained how the value per acre was arrived at. M/S/P Fraser/Mottaz to require $176 park donationforLot 1, Block 1, Lake Jane Estates, based on an $1,800 per acre land value. Motion carried 4-0. M/S/P Fraser/'Eder instructing the Administrator to draft •s�ry 1d * an *amended d t.approadhe�s to the present park donation ordinance to 8/17/82 be considered in determining park dedication amounts. Carried 3-1. Mottaz opposed. 12. HAMMES COUNTRY VISTA PLAT: Bruce Folz presented the proposed plat for a Cluster Development of 38.5A at loth Street and Keats Avenue," Phase 1 provides for the platting of one 1 1/2A lot with the remaining. -property identified as Outlot,A. Phase II would include construction of a road and the platting of six additional lotsina cluster. Further subdivision of-che'parcwl in not permitted. The Planning Commission recomy.ended approval-bf the 3915-A plat. - --Folz - Gun Club noise was big concern of the Planning Commission. Hammes' do not think this is or will be a problem, M/S/P Mottaz/Fraser granting preliminary approval to the Concept Plan for Hammes Country Vista, a 38.26 A cluster development in the SW 1/4 of the SW 1/4 of Section 26, T29N, R21 W except the East 229 feet of the. West 524 feet of the South 300 ft thereof. Motion carried 4-0. EYdIIBIT "A" DE5CRIP.TION OI' PREMISES Price Parcel ..Iat part of the Southwest 1/4 of the Southwest 1/4, Section 3, Township 29, Range 2.1, and of Government Lot 1, Section 10, Township 29, Range;21, described as follows: Commencing at the Southeast corner of said Southwest 1/4 of Southwest 1/.4; thence West along the South line thereof (being also the North line of said Government Lot 1) 259.01 feet •to the Southwesterly corner of Lot 17, Block 4, Fox Fire Estates, being the point of beginning; thence Northerly along a West line of said lot 495 feet; thence Westerly along a Southerly line of said lot 513.2 feet; thence Southerly along the Easterly lines of Lots 4, 5, 6 and 9, Block 4, Fox Fire Estates, 850.1 feet to the Northwest corner of Lot 4, Pabst Lake Jane Lots, Second Division; thence East along the North line of said Lot 4, 140 feet; thence South parallel with the East line of said Lot 4, 405 feet to the South line of said Lot 4 which is also the Northerly line of Jane Road North; thence Southeasterly along the Northerly line of said road 383 feet to a point on a line parallel. with and 259 feet West of the East line of said Government Lot 1; thence North 858.4 feet along said parallel line to the North line of said Government Lot 1 and to the point;of beginning. not port of Government Lot 2, Section is, County Townshi, ?9 Uorth, Range 21 West Wrshit Minnesota which lies West of the followino described l,"e: t 1 Commencing at the Northeast corner nF said bearing, clang the North qovernment Lot, 1hence I N J J ossg'pe?l line of said Government Of beginning the line Lot a distance of feet to the ' flInthence of to be described; South 23'23'43"W, distance thence South j,11,09"F, c distance of 372;41 f a kv-, 0 of 522195 "Dowcin Acres" 5outh 37'03'00"E feet to a point in the nnItheasterly Uses My, ,thence n line of "Dowcin Acres" to its intersection distance F 570-06 feet, alAng the northeaste I plow 1 17�.and 1 U, there terminating, except those portions with.theosOuth line of described is follows: said G a v e r n me n t Lot That Lot 2 platted as Berschens Shore part at Gov & to QI, I V and also A I cres.- Subject to the right excepting ther et ron that par,. platted of ay of the Public Road as shown. coil TAT. a. it .0 - OAK at N ploy 777 .......... ...... . . . . . . . CITY COUNCIL MEETING, AUGUST 3, 1982 -8- HAMMES COUNTRY VISTA PLAT - Continued M/S/P Eder/Mottaz adopting R-82-48, a Resolution approving the Final Cluster Plat of Lot 1, Block 1, Hammes Country Vista and Outlot A, in the SW 1/4 of the SW 1/4 of Section 26, T29N, R21 W except the East 229 feet of the West 524 feet of the South 300 ft. thereof, subject to the following: 1. It is a cluster developemnt under RR zoning. 2. Outlot A is a maximum of 6 lots, if resubdivid.ed, 3.. Beats Avenue right-of-way to be dedicated, and 10tn Street to be dedicated. 4. There be a cash park donation. 5. There be a development agreement providing that the 6 lots in Outlot A be contigious to Lot 1, Block 1. 6. There be a development agreement establishing and protecting the ponding area on the NE corner, per the City Engineer's recommendation, Motion carried 4-0. M/S/P Novak/Mottaz requirinq a $175 park donation for Lot 1, Block 1, Hammes Country Vista based on a land value of $1,800 per acre. Carried 4-0. 12. A. GUN CLUB TOUR; -.The Administrator will set up a tour of the Oakdale Gun Club and notify the Council of the time and date. 13. ADMINISTRATOR'S REPORT: A. Position 1006 Project Review - The Council discussed the Administrator's memo of Auqust 3, 1982, on the City's policy on VBWD project(s). Discussion included inviting the Manager's in to discuss specifics of what would happen should Prolect 1006 not be done - --Novak - based on the minutes of the last .joint meeting with VBWD, the ball is in their court-- the City has made its position clear. Mottaz and Novak did not think the memo should be forwarded to Valley Branch, The Council took no further action, B. Performance Review - Dave Wisdorf,-end of Probation . The Council discussed tFie &ldministrator's review and recommendation to promote Dave Wisdorf, Maintenance Foreman, to permanent employee status; ( Administrators Memo of August 3, 1982),;with a post - probationary salary increase to $21,500. --Mottaz - no problem with the $1,500 salary increase. M/S/ Mottaz/Fraser accepting the Administrator's recommendation to promote Dave Wisdorf to permanent employee status, at.. a post -probationary salary,ot.$,21,500. Discussion: --Eder - feel the salary increase should be only $1,000. --Fraser - $1,500 may be slightly high- his :increase early in the year may not be as great because of the increase now. Motion carried 3-1. Eder opposed. CITE' COUNCIL MEETING, AUGUST 31 1982 -9- 12. ADMINISTRATOR'S REPORT: C. Alternative for Motor Grader- M/S/P Novak%Fraser to defer until August 17. Carried 4-0. D. Implementation Plan -.On-Site 'Sewer Ordinance --Fraser - implementation of the m za ntenance plan has to be as simply stated as possible - one sheet ottling a step by step procedure. --Mottaz - City does not want to get into having an inspector, as proposed in the Met Council,guidelnes, taxing residents, imposing stringent restrictions, etc. Willing to go along with a self recording system as has been done in the past. --Eder - if the self-governing doesn't work, then, just go into a mandatory system. Either people cooperate or they get the mandatory system or the fee. --Mottaz - have been operating under the volunteer system and it isn't working. --Fraser - haven't gotten the volunteer system really going. --Al Borsheim-past septic inspector for Washington County - State of Wisconsin sends out cards to home owners requiring a septic pumper or a qualified inspector come out and inspect the system. The card is signed by either party and sent back to the County or City. --Novak - send out material to residents telling them how to check their systems and have them fill out a report card that is sent back to the City. If this is not done, then send someone out and charge the individual. Should try this for a couple of years - something beyond what is being done now. If this system fails then consider hiring an inspector. Brochure from Washington Co. on Septic Tank Maintenance Procedures is very specific on how an individual can check his system. The Council authorized the Administrator to draft an implementation plan as suggested in his memo of August 3, 1982, Pg. 2, Item D. M/S/P Novak/Mottaz extending the meeting to 10:40 p.m. Carried 4-0. E. Picnic Table Quotes - Whittaker reviewed the price quotes for two picnic tables. Budgeted amount was $500 - quotes vary from $290- $300 ea. The Administrator will forward the quotes to the Park Commission for their recommendation. F. VBWD - Use of Council Chambers - The Council approved the use of tFie Council Chambers by the Valley Branch Watershed for the 2nd and 4th Thursdays of each month. G. Highway Plan -- The Council requested that the Highway Plan be schea_uled on a "thin" agenda. 14. CORRESPONDENCE: A. Cable Proposal - One proposal is in. A public hearing can be expected -in -late October or early November. B. Demontreville Access - DNR - M/S/P Mottaz/Fraser to sen aT%tter to Joseph Alexander, acknowledging receipt of his letter and emphasing that the safety factor on Demontreville Tr. is paramount and the City's proposal for the access be considered as the safest means of developing the access. Carried 4-0. :,.u,_ . LAKE ELMO CITY COUNCIL MEETING, AUGUST 3, 1982 -10- ADJOURNMENT: M/S/P Mottaz/Eder to adjourn at 10:40 p.m, Carried 4-0, l RESOLUTIONS: 82-46 - Railroad°Crossing Watermain Crossing Permit 82-47 - Neudahl Final Plat - Lot 1, Blk 1, Lake Jane Estates 82-48. - Hammes Country Vista - Final Plat of Lot"1, Blk, 1 ORDINANCE: 7937 - Neudahl Rezoning R-82,-46 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE AN AGREEMEIIT FOR A LICENSE TO CONSTRUCT, MAINTAIN AND USE A WATER1.4AIN UNDER THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY RAILROAD RIGHT-OF- WAY APPROXIMATELY 800 FEET WEST OF LAKE ELMO AVENUE. WHEREAS, the City Council of the City of Lake Elmo has found it necessary to provide a second watermain connection between the water tower and the north side of the Chicago and Northwestern right-of-way; and, WHEREAS, the Chicago and Northwestern Transportation owns_f-he right-of-way through, which this watermain must pass, and requires a license to construct, maintain and use said right-of-way for a watermain crossing; and, WHEREAS, the City Council has found that the terms of said license are reasonable and the license is essential to completion of the project. NOW, THEREFORE,'BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, WASHINGTON COUNTY, MINNESOTA, THAT: 1. The Mavor and City Administrator are hereby authorized to execute an agreement for a license to construct, maintain and use a watermain under the Chicago and Northwestern Transportation Company Railroad right-of-way; and, 2, The City Administrator is authorized to pay the Chicago and Northwestern Transpor•taion Company $700 for the permanent license and application filing fees. ADOPTED, this the 3rd day of August, 1982. SIGNED: Q P7ayna L, Eder Mayor ATTEST: w Qom_ Laurence E, TdHi:£talcer City Administrator R-82-47 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT OF LAKE JANE ESTATES. WHEREAS, Sylvester Price, a single person, and H. Kenneth Neudahl and Sherrill J. Neudahl, husband and wife, are the owners of the following -described property situated in Washington County, Minnesota, legally described as follows, to -wit: That part of Government Lot 1 in Section 10, Township 29 North, Range 21 West, described as follows: Commencing at the northeast corner of said Government Lot l; thence South 88057,105" " West, bearing oriented to the Washington County Coordinate System, South Zone, along the north line of said Government Lot 1 a distance of 259.01 feet to the west line of the east 259.00 feet of said Government Lot 1; thence South 01029'28" East parallel with the east line of said Government Lot 1. a distance of 415.54 feet to the point of beginning; thence South 00003110" East 365.32 feet; thence South 14025'15" West 121.1.6 feet to the center line of Jane Road as presently traveled; thence North 75034145" West along said center line 119.04 feet; thence North 76016'57" West- along said center line 30.96 feet; thence North 13043'03" East 76.63 feet; thence northerly along a tangential curve, concave to the west, having a central angle of 1.3046'13" and a radius of 230.00 feet a distance of 55.28 feet; thence North 00003110" West, along tangent, a distance of 316.34 feet; thence North 89 56'50" East 150.77 feet to the point of beginning, and WHEREAS, said owners have caused the above -described real estate to be surveyed and platted as "Lake Jane Estates" and have made application to the City of Lake Elmo foriapproval of the final plat of Lake Jane Estates; and WHEREAS, the City Planning Commission held a hearing on the proposed plat July 26, 3.982, and recommended the approval. thereof; •.✓ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that: the final plat of Lake Jane Estates be,'and the same hereby is, approved subject to the following conditions. l., There shall be one (1) driveway coming off the existing private driveway from Jane Road North`to serve Lot One (1), Block One (1), Lake Jane Estates only. 2. The right-of-way for Lake Jane Road North shall be dedicated to the City. 3. The owners of Lot One (1.), Block One (1), Lake Jane Estates shall secure an easement for access to this lot should it, or the balance of the property, be sold. 4. The park donation requirement shall be paid in cash in lieu of land and that amount shall be $176.00. 5. The owners of Lake Jane agreement to these conditions by Resolution which shall be placed County Recorder's Office. Estates shall acknowledge their executing a qopy of this of record at the Washington Adopted by the City Council of the City of Lake Elmo this 3rd day of August, 1982. Xz�l x .P, IeW.0- J Maynar L. Eder, Mayor ATTEST: LEurenceE.�WhHtaker, City Administrator The above stated terms are,hereb/ly agreed to. I S l-�� ter Price .fi����'I—��-�i�--�� --- .._L 1 II_. Kenneth Neudah Sherill J. Neuda-hl f -2- R-82-48 RESOLUTION CITY OF LAKE ELMO WASIiINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT OF HAMMES COUNTRY VISTA WHEREAS, William H, Hammes and Helena M. Hammes, husband and wife, and Clara C. Hammes, a single person, have made application to the City of Lake Elmo for approval of a Concept -Plan and a final cluster plat of certain real estate, said 'Plat to be known as "Hammes Country Vista: and said real estate legally described as follows, to -wit: The Southwest quarter of the Southwest Quarter (SW of SW�,;) of Section Twenty-six (26), � Township Twent -nine (29) North, Range 1 10 Twenty-one (21West, except the East 229.00 feet of the West 524.00 feet of the South 300.00 feet thereof, and WHEREAS, THE City Planning Commission held a hearing, , on the proposed plat on July 26, 1982, ands•recommended the approval thereof: NOW, THEREFORE, BE IT RESOLVED by'the City Council of Q the City of Lake Elmo that the owners of, the above -described real estate are hereby granted preliminary approval and final clusteY plat approval. for Hammes Countt� Vista subject to the following conditions: 1. Approval is granted for a cluster development pursuant to the rural residential zoning in the City 'Zoning, Ordinance. 2. Qutlot A will be converted into no more than six (6) residential lots in the event it is resubdivided, under. present RR zoning, 3. The right-of-wav of Keats Avenue shall be dedicated to the City and the right-of-way for 10th Street shall also be dedicated to the City, on said plat, 4. There shall be a cash park donation in lieu of the dedication of land, said .donation in the amount of $175.00. 5. The owners shall agree that all six (6) lots in Outlot A shall be contiguous to Lot One (1), Block one (1) of Hammes Country Vista. I II R-82-/18 0 w 6. The owners shall establish and protect the pond- ing area located in the Northesterly corner of the above - described real estate pursuant tb.the redommendation of the City Engineer. 7, The owners shall consent to these conditions and shall further consent to recording this document at the office of the Washington County Recorder. Evidence of the owners' consent shall be by execution of the original of this Resolution. Maynard/L.. Eimer, Mayor ATTEST: Laurence E.—Whittaker City Administrator ` The above -stated terms and conditions are hereby agree to. i i am i , I amme�s��� e ena M. Hammes Clara C. Hammes I 82747 82748 82749 82750 82751 82752 82753 82754 62755 82756 82757 82758 82759 82760 82761 82762 82763 82764 82765 82766 82767 82768 82769 82770 82771 82772 82773 82774 '82775 82776 82777 A 2778 82779 82780 82781 82782 82783 82784 82,785 82786 82787 82788 82789 CLAIMS TO BE APPROVED AT AUGUST 3, 1982 CITY COUNCIL MEETING Clerk of District Court - M.S..A. condemnation Gary Vizenor - appraiser James Mugg " Phillip Clemens " Petty Cash - postage & Misc. Laurence Whittaker - August Expense Washington National Ins. Co. - hosp. Minn. Benefit Ass'n Allied. Group Ins. Trust Lake Elmo Associates Ltd. - August rent Gerald Dahlberg - A.C.O..for July Ilene Johnson - 7/19 Park mtg, $ 38.65 7/20 Council mtg. 68.65 7/26 PZC mtg. 59,65 Mary Meyer - 7%27/82. _newsletter The Office Stores - typewriter rental Four. Seasons Services Eckberg Lammers Briggs ,- M.S,A, legal TKDA - General $ 70,00 201 Sewer 3,289.65 M.S.A. 11425.77 Waterm,ain 1,257.03 Chicago & North Western - fTater crossing League of Minnesota Cities - Dues Northern States Power Co. Northwestern Bell Bahl.s Motor & Implement -parts T.A. Schifsky - MC Mix Vern's GTC Auto Parts - Maint., parts Clutch & U-Joint - parts Trade Tools, Inc. - small tools Del's Sharpening Service- chain saw James McNamara - July mileage Oxygen Service Co. - Fire Dept. Oswald Fire Hose,- Equipment Capitol Electronics, Inc. _ radio repair Francis & Myrtle Eder - MSA easement Melvin & Jane Eder Ronald. & Mary Kane Frank & Arleene Meyer Peter & Pamela Eggen Henry & June Harvey Richard & Katherine Klawitter Richard Menz & Mary Dahlin Charles Johnson & Joyce Sullwold Herbert & Catherine Crocker Robert & Dorothy Ziertman thru 82800 August 6th payroll $ 8,220.00 606.44 513.34 521.16 36.17 50.00 651..87 26.40 88.32 1,689.00 31.0.00 166.95 175.00 47.00 16.60 625.00 6,042,45 lease 125,00 1,794.00 884.26 255.39 87.32 22.44 19.73 42.25 10.90 174850 136.50 14.55 820.00 45.00 5.60 1.721 6.80 35.80 284.00 23.42 39.03 9.40 50.00 800.00 1,442.00 4,500.00 $ 31,415.31