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HomeMy WebLinkAbout12-07-82 CCMLRKE ELMO CITY COUNCIL MEETING, DECEMBER 7, 1982 Mayor Eder convened the meeting at 6:15 p.m. Councillors present: Morgan, Novak and Fraser. Mottaz was absent. Also present, Administrator Whittaker and Engineer Bohrer 1. ALTERNATE - WASTE/ENERGY PLANT - Rip Riebel, Washington Co.: Rip Riebel, Washington County Representative, presented the action taken by the County Board at its December 7 meeting. A. joint Power's'Agreem'ent - The Board recommended amending t Se - Joint Powers Agreement to include the appointment of one representative from Lake Elmo to the Project Board. This recommendation will eomebefore,the Ramsey County Board December 20. If approved, Lake Elmo will then appoint a representative who will serve with the two Washington County Representatives and three Ramsey County representatives. The Council received'a copy of the revised agreement.- B. City Representative Appointment to Joint Powers Board - Tne county also recommenaea Laar Lne uiLy Ramrnis-craLor of Lhke Elmo be appointed to serve on the Administrative Committee. C. Report of Project - Mr. Riebel summarized the background oYt_Se project. He expressed confidence that Ramsey County will approve the two amendments (noted above); and that the Board, with City representatives, will meet at least once before the end of the year. it is anticipated that this Board will then meet weekly thereafter. Council comments and questions included time frame for construction and completion of the plant; financing and additional land- fill site in the City. D. Landfill Siting - Art Schaefer, Jr., Countv Board Chairman, presenteolution the County Board approved on December 7 that proposes legislation which would eliminate landfill sites in communities with Waste/Energy plants. Unfortunately the County has to-Azdentify three additional sites in the County, one of which .is in Lake Elmo, to the PCA before the legislature meets. He indicated that the s3*te4 butside of Lake Elmo will most likely not pass the County Board suitability requirements. He did not favor a landfill in the Regional Park. Whittaker said that Engineer Bohrer will report on the problems with the proposed Lake Elmo site later in the meeting. There being no further questions or comments, Mayor Eder thanked Mr. Reibel and Mr. Schaefer for their support and work on the agreement amendments and resolutions on behalf of the City. 1. LEGISLATIVE ISSUES: Senator Elect Gary Laidig and Representative Elect Chuck Hoffman were present to discuss legislative issues critical to the City. Mr. Hoffman apprised the Council of the action taken by the legislature on the proposed tax bill. The Council and Administrator presented the City's concerns as out- lined in the Administrator's Memo of December 2, 1982. Both Laidig and Hoffman expressed their desire to work with Lake Elmo on these and other matters of concern to the City; and will strive to get together with the City on a regular basis - their doors will always be open. Mayor Eder thanked Mr. Laidig and Mr. Hoffman and said the City looks forward to a successful working relationship. LAKE ELMO CITY COUNCIL MEETING, DECEMBER 7, 1982 - 2- 2. AGENDA: Additions - 2. A. - Appointment'of Waste/Energy Representative 5. - Three Additional Licenses 12. E. - Approval of 5-year State Aid Construction Schedule for MSA Streets 12. F. - Archaeological Survey of Drainfield Sites Identified in 201 Study 15. E. - Payne Development Agreement Amendment 15. F. - Resolutions of Commendation for Jess Mottaz and Jeanne Novak 15. G. - State Aid Cuts - Impact on Lake Elmo 16. A. - Eder - Tablyn Park Gate Closing 16. B. - Eder - Status Report on DNR Action Re: Demontreville Access M/S/Y Morgan/ Fraser to approve the agenda, as amended. Carried 4-0. Mottaz absent. 2. A. WASTE/ENERGY PROJECT BOARD REPRESENTATIVE: Eder recommended that Jess Mottaz continue to serve as the City's representative and be appointed to serve on the Project Board. He also recommended that Mike Mazzara, in -coming Council member, serve as an alternate representative in a non -official capacity. Mazzara would attend all -Board meetings and also serve as a liason between the City and property owners in Section 32. Mottaz would be responsible for attending all Board meetings and keeping the-Coufioil-up-to-date on discussion and action of the Board. --Novak - recommended that no decision be made until the new Council members, Bruce Dunn and Mike Mazzara,rare seated in - January. Agreed with having an alternate. --Fraser - since the City pushed the County in having a City representative, the appointment should not be delayed until January. Possibly consider an interm appointment. Fraser and Morgan indicated they would serve if no one else was -interested. --Morgan - would like to see the new Council members have a voice in the appointment and recommended tabling the decision. Mottaz could possibly attend the December 21 meeting. MIS/ Morgan/Novak to table action on appoint a Waste/Energy Board Representative until the first meeting in January. Motion failed 2-2. Fraser and Eder opposed. --Bruce Dunn - would prefer an elected official to serve on the Board rather than a private citizen - would support Mike Mazzara. M/S/P Morgan/Fraser to appoint Jess Mottaz as an interm representative on the Waste/Energy Project Board until January '4, 1983. Motion carried 4-0. 3. MINUTES - NOVEMBER 16, 1982: Corrections - Page 11, 12. A. --Eder Whittaker - offered to contact... - Page 12, 15. J. --Fraser -...that this approach l will net-werk or will not work. M/S/P Morgan/Fraser to approve the minutes of November 16, 1982, as amended. Motion carried 4-0. LAKE ELMO CITY COUNCIL MEETING, DECEMBER 7, 1982 -3- 4. CLAIMS: M/S/P Morgan/'Fraser to approve Claims83212 thru 83309. Carried 4-0. 5. LICENSES: M/S/P Fraser/Morgan to approve the following licenses: General Contractor: Arrow Building Center, 2000 Tower Dr., Stillwater Excavating Contractor: Gopher Excavating, 5898 Omaha Ave., Stillwater Sewer Installer: Lowell Vanderhoff, 2389 Geneva Ave., Oakdale Sewer Pumper: Schlomka Service 8190 Military Rd., Woodbury, Mn. General Contractor: Harold P. Bend, 1367 Stagecoach Tx, Afton Outdoor Coin Operated Machines: Lake Elmo Oil, 11127 Stillwater Blvd., Lake Elmo Kunz Oil Co., P.O. Box 24107, Edina Coca Cola Bottling Midwest, 1189 Eagan Ind. Road, Egan (Tartan Park) Motion carried 4-0. M/S/P Fraser/Morgan to approve the following Liquor and Non - Intoxicating Liquor Licenses: Bens Elmo Inn, 3442 Lake Elmo Avenue, Lake Elmo Off Sales On Sale & Sunday On Sale Twin Point, Inc., 11199 Stillwater Blvd, Lake Elmo Off Sale, On Sale & Sunday On Sale Tartan Park, 3M Club of St. Paul, Inc., 3M Center, St. Paul On Sale and Sunday On Sale VFW Club, Post 5725, 3712 Layton Avenue N. Lake Elmo On Sale and Sunday On Sale (Nov. 6, 13, & 20) Non -Intoxicating Malt Liquor License: Cimarron Community Center, Cimarron Park, Lake Elmo Motion carried 4-0. 6. DAVID GARLOFF - REPORT ON CABLE CUMMUNICATIONS PROPOSAL: Mr. Garloff up -dated the Council on the progress of the Cable Commission. A decision will be made this month on the franchise application for the Washington/Ramsey drea-Lake Elmo is a part of. He explained the construction schedule map, the two -cable service proposal, monthly rates and the number of channels and programs that will be available. A public hearing will be held December 9, at 6:30 p.m. at Lakewood Community College. The materials presented by Mr. Garloff will be further discussed and explained at the public hearing. 7. PUBLIC INQUIRIES: Gary Swanson - Lake Elmo Deputy - Deputy Swanson notified the Council that Emergency Number 911 is now in effect. He explained the operation of the service and encouraged all residents to use the 911 number in emergency situations. CITY COUNCIL MEETING, DECEMBER 7, 1982 M 8. DOUG THOMAS - WETLANDS_STUDY As Mr. Thomas was unable to attend, Administrator Whittaker presented the Water Resource Inventory book, which identifies all the wetland areas in the City. The study will be used as a reference for the Council,,.Commissions and staff when considering development involving wetland areas. Mr. Thomas offered to hold"a workshop to explain the -report for the Council, Commissions and staff. --Fraser - recommended inviting local conservation groups homeowner organizations, etc. to the workshop. -Eder - would like the map reviewed for errors - also, would like the maps compared with DNR's wetlands inventory toverify that the Study -inventory is -complete. Engineer Bohrer will review the study and provide a cost estimate on the evaluation work requested. The Administrator will send a copy of the report to Valley Branch and Ramsey/Metro Watershed Districts after the engineer's review is complete. 12. ENGINEER'S REPORT: A. Water Tower Painting Claim - Bohrer reported that he reviewed e co:n-Eras or s rea down of costs, and recommended that a partial payment of $9,633 be made. M/S/P Morgan/Fraser to accept the Engineer's recommendation and make partial payment in the amount of $9,633 to Allied Painting and Renovating for painting the water tower. Carried 4-0. Bohrer also recommended that the contractor be notified that all equipment and materials be removed from the pump house until work resumes in the spring,, B. Landfill Site BB - Bohrer referred the Council to his letter of December 1, 1982 with the preliminary site evaluation and map prepared by the County for site BB in Lake Elmo. -Bohrer- waited the following concerns after reviewing the preliminary report: 1, 50% of the soils on site BB are classified as having severe limitations i(as dad(ifiedi in_ the Washington: County Soils Survey.): for landfill ng.. Thes&s oils are listed as having.a_ground water table of l' to 3' below the surface. 2. The site is believed to have shallow bedrock. Shallow is defined as less than 801 from the surface, to a bedrock layer which contains a aquafer. Site G in the Regional Park showed the Platville Limestone is 60' to 80' below the surface;--'' Data from the Highway Department concerning wells along I-94 indicate that several wells are in the Platville Limestone,.thereby, confirming the fact that this aquafer is used for drinking water. Bohrer noted that the above concerns are two of the seven exclusionary criteria used by the County to eliminate the May Township and Woodbury sites. ,3.3 of .36 poteptial„s2:tes were_.-_ eliminated.by.gengralized statements that they were unsuitable for environmental reasons. --Novak - challanged the_County's_statemegt rel:ating:.:to, _ ;;:; *Residential Uses", -page 15. Although this is designated General Rural Use, 10 acre residential lots are possible. Page 16, Final Use - have to object strongly to the suggestion that Site BB maintained and developed for additional park land. Lake Elmo has done its duty for landfills and Regional Parks. LAKE ELMO CITY COUNCIL MEETING, DECEMBER 7, 1982. -5- 12. ENGINEER'S REPORT: B. Landfill Site BB - Continued The Council further discussed Ag land criteria.&airport zones, M/S/P Morgan/Novak to instruct the City Engineer prepare a statement outlining the technical features that make site BB environmentally unsuitable and demonstrating that it clearly: meetszthe exclusionary criteria set forth by the County. Also, provide material indicating why other sites should be included as candidate sites. The Engineer will represent and present Lake Elmo''s position at the County Waste Advisory Committee meeting, December 14. Motion carried 4-0. C. Demontreville Boat Launch By -Pass - Bohrer referred the Council to his letter of December 2, 1982 which indicates that the -County HighwayzDepartment has --reviewed the City''s design for the' -realignment of Demontreville Trail at." -the proposed boat launch for Demontreville Lake -and with slight modification meets the-County's requirements. If the modifications meet City approval, Bohrer recommended that the Council approve the revised plan and refer�.at'back tb�the County and the DNR for preliminary designs. M/S/P Eder/Fraser to approve the revised design of the Demontreville Access, as prepared by the Washington County Highway Department, and forward this revision to the DNR and Washington County for development of preliminary design.,. Financing to be determined after approval of the preliminary designs. Carried 4-0. D. 'Survey of Road,.RecoD,struction/Repair in Tablyn Park, - m= -- v�,�ray.ov,_rt-�v"Ar,nr.. a4,ri 7C'ntirri'r7rlrr'�- Ar7c'iti'ons The Engineer determined, when reviewing areas of seal coating in 1982, that the :'roads in Tablyn Park were beyond the point where seal coating would be effective. The Maintenance Foreman informed the Engineer that streets in Bordner -Gardner and Kendridge Addition also needed repair beyond seal coating. Bohrer submitted a proposal suggesting a visual inspection of these streets,to determine what needs to be repaired,_ estimate the cost and prepare a short report to satify the requirements of Statute 429 should the City hold a hearing. Patching and an overlay will probably be recommended - this is'the most cost effective solution for this type of work. Estimated cost .for the preliminary work and report will. not exceed $900. The Council asked the Engineer for a rough estimate of costs to property owners, as the entire cost will have to be assessed, based on similar projects. Bohrer will provide this information for the next Council meeting. M/S/P Morgan/Fraser to defer a decision on repair of the streets ( in Tablyn Park, Bordner -Gardner and Kendridge Addition pending an estimated cost, based on similar local projects, from the Engineer. Carried 4-0. LAKE ELMO CITY COUNCIL MEETING, DECEMBER 7, 1982 -6- 12. ENGINEERtS REPORT: E. State, Aid' Construction 5 lear' `Plan ...,_.�._-.._F..--...,-......_,._._r-..1. Bohrer zn�ormed tAe Council that Mn7DOT requested an up -date of the City''s 5 year State Aid Construction Plans. He submitted a report listing the City''s planned improvements, a' construction schedule and a preliminary cost estimate. This is required by the State so that they know how the City intends to use their State Aid construction funds. M/S/P Morgan/'Novak to approve the 5-year State -Aid Construction Plan, as submitted by the City Engineer. Carried 4-0. F. Archaeological Sites 201 Study^Siites - Bohrer reportedtEa-t— thie Minnesota Historical Society has identified two potential prehistoric archaeological sites that the 201 Study proposed for use as joint drainfield areas. One is located in the 14W corner of the Old village; the other one is in Lanes Demontreville Country Club. The Society has asked the City to perform an archaeological survey of these two areas. The Engineer contacted two firms who will do this work for $500. This survey has to be performed as approval from the Historical Society is a part of receiving the funding. M/S/P Morgan/Fraser to authorize up to $500 to conduct an archaeological survey of the two sites identified by the Engineer. TKDA will stake the sites as part of the $500 cost. Carried 4-0.-. 10, FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAWS: The Administrator reviewed the proposed amendment pertaining to "Surviving Spouse's Pension City Attorney, Ray Marshall stated that, in his opinion, Article IX, Section .1, of the State Statute has to be included in the Association's By-laws. This was the only change to the final draft. --Whittaker - only question is how the $5300 for retirement payments can be covered in the General Fund for 1983. The City does not have the money to budget for this amount. MIS/, Morgan/Fraser to approve the By-laws for the Fire Department Relief Association, including the amendment for the surviving spouse pension. Discussion - Bruce Kuettner, Fire Chief -- does not look like anyone will be retiring in 1983, so the funds will not be needed for this year. This will give the fund the necessary build-up time. Motion carried 4-0. 11. ORCHARD/SINCLAIR APPEAL: Mr. Ron Orchard reviewed his letter of December 1, 1982, to the the City Council, outlining his reasons for reconsideration of his application, fie continually maintained that, in his opinion, Section 301.090B permitted him to apply the 60% Rule, thereby, qualifying the Sinclair lot to meet the lot size requirement provided by the 60% ku%1e+ '2',00-0 -§q ee, 66'111 Pbe added td­ the Sinclair lot,. This w©ul&-increase the lot width at the -street, wand eliminate tk>e need for that barianeee, WVt-would trot lhbnea E the lot size. The lot cannot be increased to 1A without encroaching ton- ciiio:se --- to the;.existing house (Orchard homestead) ; also there is a permanent chain link fence along the south boundary The property line was always on a diagonal along this fence line. LAKE ELMO CITY COUNCIL MEETING, DECEMBER 7, 1982 4.7- 11. ORCHARD/SINCLAIR APPEAL - CONTINUED: --Whittaker - reviewed the variances needed; --Bohrer ati�brep4r-ed %a- site --plan review; but, "Cannot address' - this until,the Council addresses the variancesfrom the -sub- divisionregulationsandthe Shoreland Ordinance, --Whittaker - the Sinclair lot does not qualify under -the 60% Rule; but, based on the 100% average requirement,it exceeds the -average lot _size in Lanes Demontreville. --Ron Orchard - Section A of 301.090 refers 'bo`: lots that meet 60% of the area requirement set forth in the section- this goes on to state the 1A exception. Believes, this can be interpreted to mean 600 of 1 acre. --Ray Marshall - Comments:_on Secti0n-.WB - Contigious Parcels: many.comments--.made about the -ownership of this parcel - it is true that were this parcel (Sinclair Lot) in separate ownership an.araument for variance could be more easily sus- tained. In that instance would literally have a parcel which cannot be added to. Can understand Mr. Orchard's position that if it is fair to allow this under a seperate ownership it is unfair - to have the result different for him. The contrary argument is the whole purpose of. Section B - contigious parcels with common ownership cannot be considered seperate parcels for purposes of the ordinance. Further, any time additional land, especially land such as this that is owned along the shoreland of a lake, even though not developed into other building sites, adds to the value of the main parcel regardless of its use, if it increases its size. Have to consider the equities. Section 301.090 A - statearthat'_anyZ.ione acre lot - does not say .86 acre, says 1 acre lot —this is the-driticaL:faotor. Don't think this is the same situation as with Johnston or Larson because those parcels were clearly owned seperately, adjacent property was not owned. -- --Morgan r asked Mr. Orchard -to confirm that 2,000 sq. ft. could be added without a great deal of undesirable reflection on the homestead lot. --Ron Orchard - thinks the 2,000 sq. ft. is an undesirable reflection on the adjacent lot - indicated the problems this would create on the survey. --Morgan - the additional 2,000 sq. ft. would eliminate the need for a lot width variance at the street. M/S/ Morgan/Eder to approve a Simple Lot Subdivision for Elizabeth Orchard, provided 2,000 sq. ft. is added to the Sinclair parcel, thereby increasing this lot to 8.8A, and eliminating the variance for the lot width at the street. Discussion: --Ron Orchard - wants to develop the property - willing to increase the lot size if this is what is required. --Fraser - does not think this stipulation is the way to go at this point„ - not a good solution. --Morgan - + if he did:not�.own the adjacent property, then, this situation would be the same as with Larson and Johnston. This property is more desirable than either of those pieces particularly with the land above the high water mark and in total size. LAKE ELMO CITY COUNCIL MEETING, DECEMBER 7, 1982 - 11. ORCHARD/SINCLAIR APPEAL - CONTINUED: Fraser - would adopt the other point of view - regardless of the timing of the purchases there is presently a single owner and the property as it exists now enhances the existing home and not much different from anyone else who might want to cut off a piece of property for sale. --Eder - the economic reality of this, the burden we will place, may not be commensurate with this position. Have seen a $50,000 house placed on a $40,000 lot - may not be the balance of equities between the land and the structure. Because this person is locked into this situation he will be assessed for taxes he cannot recover. --Fraser - would all be at an economic advantage if could subdivide our properties as we chose and as opportunity arose. The present regulations prohibit this within certain constraints and sees this request as coming within those constraints. --Novak - sees this argument for this subdivision can be used for any property in the City. Would set a precedent that couldn't be handled - this is the reason for the Ordinance. --Ron Orchard -,this argument could be made in many other cases - this is an ominous consequence of the adopted Ordinance. In this case, do not feel this is precedence setting when considering the average lot size in the area is .67acres and-this-with-the-addit-ional property is 89- acres _ substantially larger - over 1/3 larger than the average size lot in the area. Again, feels there is a question, the way the Ordinance is drafted, that the 60% Rule applies to _ one acre; --Eder � confirmed the Attorney''s interpretation that because the property is contigious it is regulated under Section 301.090B. --Ray Marshall;,- yes, also under the last sentence in 301.090 A. if the parcel was one acre; the individual would be entitled to a variance. The question presented is does this last sentence apply or not to a parcel that is .86 acres as well as to an acre. If it is determined the equities are in the individuals favor have the authority to grant a variance; but, there is a conflict on this particular parcel with the language in B with this part of A. --Fraser - question is is .86 acres close enough - do not see it as close enough to meet the Ordinance. --Ray Marshall - this is a judgement call which is determined by the decision to grant or not grant the variance. --Morgan - seem inconsistent - last week granted an individual the right to build a house on .4 acre with areas that were not suitable for drainfield - now have request for .86 acre lot above the high water and we want to deny. Looksat this as a seperate parcel - no problem with this based on action approved in the past in this area. Motion failed 2-2. Fraser and Novak opposed 13. HAMMES: A. Moving Building - Dorothy Lyons up -dated the Council on the status of -the house to be moved onto the platted lot. - the footings are in and the foundation is up, waiting for the mover to move it to the site once the ground is frozen. Small House - plan to use this as a construction office for the gravel business. CITY COUNCIL MEETING, DECEMBER 7, 1982 13. HAMMES - CONTINUED; A. Moving, Buildings Small House{ Mrs.-Lvons showed the Council a very rough sketch o ui'ding site, location of building, and proximity to existing & proposed roads. The building will be placed near the existing gravel scale. --Whittaker - when would this be placed on a permanent foundation? --Dorothy Lyons - most of the current operation and equipment is semi.=portable because of the proposed County Road 19B, and desire to keep this a portable building with no permanent foundation. --Whittaker If the Council considers this as an alternative to what the Hammes" were originally required to do - move the building off the property and out of the City - Hammes' would have to submit a plan formoving a building into Lake Elmo, just like they would have had to do if they had not already moved the building in. Scale and distances have to be provided, requirements of the Code met, and a determination on permitting a structure not on a permanent foundation. This would have to go back to the Planning Commision for approval. of a site plan for moving in buildings. --Morgan — asked the time -frame for 19B right-of-way. --Whittaker - County has to have a plan for 19B before. 1985. Right(�of-way has been established - the actual road alignment and construction within the r-o-w has not been confirmed. Hammes' could get this information from the County for planning the location of the office structure. --Fraser - asked if the Hammes' really will follow through with this proposal with all the criteria) outlined by the Administrator --Dorothy Lyons - yes, don't see any problem but don't understand why this involved procedure is necessary. --Fraser - clarified the Administrator's comments - building came in with the understanding that it would be moved out - if this use changes different procedures need to be complied with. This is a complex, time consuming and ef<pensive,'prooedure-. pince-the,Hammes'_had so much difficulty in locating the larger house, will this new proposal be followed -up. --Dorothy Lyons - need the office - something planned for the future. Could start the new procedure any time - no problem in laying out a plan. This is no longer a house. --Whittaker - Hammes' were to appear at this meeting and inform the Council that all the work is completed that was required on the permit issued 18 months ago, including removal of the small house (proposed office). Two buildings are still in question. --Dorothy Lyons - outbuilding is still not on a permanent foundation. This will be placed on an excavated site when the large house is set down. M/S/P Morgan/'Fraser to approve a 60day extension to permit the Hammes' to complete the location of the large house and out building and to initiate the formal process of applying for a moving permit and site plan, etc. for the small building (proposed office). Carried 4-0. LAKE ELMO CITY COUNCIL MEETING, DECEMBER 7, 1982 -lq; 13. HAMMES - CONTINUED: B. Con'cr'ete'Piles - Mrs. Lyons reported that the concrete has been bro - eninto smaller pieces and can be recycled. They have contacted Tom Auth, the contractor, and have two alternatives: 1. Haul it away - very expensive - about $4,000. This leaves Hammes' nothing for their time and inconvenience,for storing this material over the last two years. 2. Additional crushing of the material - Contractor and Hammes' have been looking for someone to crush.�the material into smaller particles. This is another added expense. The material can be recycled and sold or added to material on site if smaller. Maybe used on pending road projects or incorporated with gravel material. --Fraser - clarified the status of the Performance Bond of the Contractor held by the County. Sees no great need to push that something be done with this immediately. Material is in smaller pieces and fits in with the type of material used in the Hammes' gravel business. --Dorothy Lyons - Contractor's bond cannot be released until the City and Hammes' agree that the bond should be released. M/S/P Morgan/Fraser to rescind the previous deadline for William Hammes to remove the concrete material presently being stored on his property and report back to the Council in April on the status of the material. Carried 4-0. 14. CONDITIONAL USE PERMITS: The Council made the following comments after reviewing the list of permits and their conditions: --Fraser - recommended that the Building Inspector visit each of the kennels and confirm that the animals are being properly cared for - no animal abuse. --Eder - send a note to Cimarron management indicating that the City is pleased with their cooperation concerning the golf course and that no complaints have been received. --Novak - recommended that the Building Inspector visit Rockin L Trailer sales and verify reports that several animals, horses, burros, poultry, etc. are being maintained on less than the minmdm..requred area=c>s --Fraser - requested that Patti Homes be notified to take down the skelton of their sign. --Whittaker - Building Inspector is work ng-on.compliance of all signs with the ordinance. The Gun Club has requested temporary cApproval of their permit until January 18,'"so':that their attorney can review the provisions of their permit. The Council will act'on the Conditional Use Permits at the January 4 meeting. MEETING CHANGE: M/S/P Fraser/Morgan to cancel the December 21, 1982 meeting and hold an early Council meeting at 5:00 p.m. December 13, 1982, before the joint Council/PZC meeting. Carried 4-0. 15. ADMINISTRATOR'S REPORT: B. Airport Noise Standards - Whittaker referred the Council to his comments, as outlined in his December 2, 1982, Agenda memo. A� hearing will be held December 16. Any Council comments should be to the Administrator before this date. CITY COUNCIL MEETING, DECEMBER 7, 1982 15. ADMINISTRATOR'S REPORT: B. 'A'ir 'ort'No'iee'Standards - Continued W itta'fcer r-ported that one concession was made in the revised policy that states that the Metropolitan Airport Commission will be encouraged to share in the responsibility for mitigating problems with existing uses. In Whittaker's opinion, city's should not have to share in this responsibility for existing uses, we should not have to share in this responsibility for any uses, as we are not creating the nuisance nor gaining any economic benefit by having the airport. The Council agreed with the Administrator's position and advised the Administrator to present this as the City's official position at the public hearing. C. Park Shelter Workers - The Council reviewed the Administrator's recommendations, as outlined in his December 7., 1982 memo., Re: Park Shelter Workers. M/S/P Morgan/Fraser to approve the hiring of David Eder, Barry Weeks, Jill Eder and Mike Bidon to serve as Park Shelter Workers at Lions Park for 1982/83, as recommended by the City Administrator. Carried 4-0. D. 'Animal Control Officer Contract - M7S/P Morgan Nova to renew the City's contract with Gerry Dahlberg, Animal Control Officer, for 1983, at a monthly rate of $250, with $12 after-hours call"out fee. Carried 4-0. E. P'ayne Dey'elopm'ent A'gr'eement -- Purchasers of the Merle Payne property, 0Yf of Keats Avenue, are concerned about some of the wording in the Development Agreement between the City and the Payne's_regarding the use of the easement by the City. A letter from Dave Magnuson, Attorney for the Paynes, outlines the concerns of the buyers. (Letter dated December 6, 1982, Turrentine & Magnuson). M/S/P Morgan/Fraser to amend the Development Agreement between the City of Lake Elmo and Merle and Lavina Payne to state ..an option in the City of Lake Elmo to acquire in the lands described below, a permanent and appurtentant easement for the construction, installation and maintenance of a municipal roadway and public utilities over, under and across the real estate described as follows:.... Carried 4-0. The other concern of the purchasers;is that the Payne's never gave the City the Option on the property to be -acquired for roadway purposes. This will be officially done now in order to clear the title. F. Commendation R'e'solutoiis: M/S/P Fraser/Morgan to adopt R-82-62 and R-82-63, Resolutions commending Jeanne Novak and Jess Mottaz, retiring Council Members. Motion carried 3-0-1 Novak abstained. G. State Aid Cuts Impact:- Deferred until the State has finalized t er ecsions. CITY COUNCIL MEETING, DECEMBER 7, 1982 �U- 16. CITY COUNCIL REPORTS: A. MaYo..ri Eder - Ta'blyn'Pa'rk''Gate 'Closing Eder recommended placing snow encing or construct ni g a gate across the entrance of Tablyn Park for the season. Whittaker will notify the Maintenance Foreman to close the entrance. Dem'ontrevlle Access - Eder reported that he talked to Steve T orne, Tsst. DNR Commissioner, who indicated that he is anxious to get this access problem solved. Also talked to Bruce Spector, Attorney General's Office, who indicated he would be meeting with Judge Archie Gingold this week to set a date this item will be placed on the court docket. Will meet with Mike Markell, DNR, to review the maps and drawings of the proposed access. ADJOURN: M/S/P Morgan/Eder to adjourn at 10:15 p.m. Carried 4--0. RESOLUTIONS: R^-82-62 Commendation to Jess'Mottaz R-82-63 Commendation to Jeanne Novak R-82`60 RESOLUTION A RESOLUTION GRANTING A SIMPLE LOT DIVISION TO LAVONNE RICHERT WHEREAS, Lavonne Richert has made application to the City of Lake Elmo for a simple lot division of land located in the City of Lake Elmo and legally described as follows, to -wit: PARCEL C-1 The North 219.99 feet of the South 441.10 feet of. the East 330.00 feet of the North half of the Northeast Quarter of Section 1.6, Township 29 North, Range 21 West, Washington County, o Minnesota, containing 1.67 acres, more or less. Subject to a road easement for Jamaca Avenue over the East 33.00 feet thereof as described in Book 150 of Deeds, page 621 on file in the Office of the County Recorder, Washington County, Minnesota. PARCEL C-2 The South 221.11 feet of the East 330.00 feet of the North Half of the Northeast. Quarter of Section ` 16, Township 29 North, Range 21 West, Washington County, Minnesota, containing 1.68 acres, more or less. Subject to a .road easement for Jamaca Avenue over. the East 33.00 feet thereof as described in Book 150 of Deeds, page 621 on file in the Office of the County Recorder, Washington County, Minnesota. WHEREAS, the above described real estate was not at the time of the application described as separate parcels of. record; WHEREAS, the City of Lake Elmo Planning Commission did on November 8, 1982 recommend the approval of this simple lot division since both parcels meet the 1.5 acre minimum lot size required by the City Ordinance; and WHEREAS, there does not appear to by any reason relating to the public health, safety or welfare which would require a denial of this simple lot division. NOW, THEREFORE, BE IT RESOLVED by the City Council of the �. City of Lake Elmo as follows, to -wit: i 1. The application of Lavonne Richert for the simple lot division of the real estate described above be, and the same hereby is approved. 2. 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 16th day of November, 1982. e t, 'e Maynar . Eder, Mayor 9 ATTEST: Laurence E. Whittaker, City Administrator -2- R-82.-61 RESOLUTION__ 1 A RESOLUTION APPROVING A LARGE LOT SUBDIVISION FOR GEORGE KUREGER WHEREAS, Mr. & Mrs. George Krueger have made application to the City of Lake Elmo for a large lot subdivision of the following described real estate located in the City of Lake Elmo and legally described as follows: PARCEL A The North 1591.22 feet of,.the East Half of the East Half of the East Half of the Northwest Quarter of Section 12, Township 29 North, Range 21 West, Washington County, Minnesota. Containing 12.00 acres, more or less, subject to the right-of-way of 50th Street North along the Northerly line thereof. Subject to and together with any other valid easements, reservations or restrictions. PARCEL B All that part of the East Half of the East Half of the East Half of the Northwest Quarter lying Southerly of the North 1591.22 feet thereof; The West Half of the East Half of the East Half of the Northwest Quarter; and the South Half of the West Half of the East Half of the Northwest Quarter, all in Section 12, Township 19 North, Range 21 West, Washington County, Minnesota. Containing 47.71 acres more or less, subject to the right-of-way of 50th Street North along the Northerly line of said West Half of the East Half of the East Half of the Northwest Quarter. Subject to and together with any other valid ease- ments, reservations or restrictions. WHEREAS, the above described real estate was not previously described as two separate parcels of record; WHEREAS, the City of Lake Elmo Planning Commission held a hearing on this proposed large lot subdivision on November 8, 1982 and following that public hearing recommended approval of this large lot subdivision to the City Council; WIi:EREAS, there appears to be no reason relating to the ( public health, safety or welfare which would require a denial of this large .lot subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows, to -wit: 1. The application of George Krueger for a large lot subdivision for the real estate described above be, and the same hereby is, granted. 2. The City Administrator is authorized to approve the recording of any deeds relating to this large lot subdivision. Adopted by the City Council. of the City of Lake Elmo this 16th day of November, 1982. Maynard/L. Eder, Mayor A ATTEST: a Laurence E. Whittaker, City Administrator -2.... k-82-63 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION COMMENDING JEANNE NOVAK FOR SERVICE TO THE CITY OF LAKE ELMO, AS A MEMBER OF THE PLANNING CO.Q'IISSION AND A MEMBER OF_THE CITY COUNCIL. WHEREAS, Jeanne Novak, served the City of Lake Elmo as a member of. the Planning Commission from October 28, 1974 to December 3,_1980, and a member of the City Council from January 6, 1981-to December 31,1982, WHEREAS, the City Council of the City of Lake Elmo v wishes to express its appreciation for her untiring efforts on behalf of the City of .Lake Elmo; and her devotion to thrift in all matters and clarity -in City policy; NOW, THEREFORE,BE IT WESOLVED, by the City Council of the City of Lake Elmo: THAT, Jeanne Novak be and is hereby commended for tier a effort on behalf of. the City of Lake Elmo; and, THAT, this City Council authorized an award to Jeanne Novak for her devotion to the concerns of. the City from 1974 to 1982. ADOPTED, this the 7th. day of December, 1982, by the City Council, City of Lake Elmo. Mayn r L �F er, Mayor ATTEST: Laurence E. Wzittacer, A minis'.trator R-82-•62 RESOLUTION CITY OF LAKE, E'LMO WASHINGTON COUNTY,:MINNESOTA A RESOLUTION COMMENDING JESS MOTTAZ FOR SERVICE TO THE CITY OF LAKE EL.MO, AS A MEMBER OF THE PARK COMMISSION AND A MENDER OE THE CITY COUNCIL WHEREAS, Jess Mottaz served the Town of East Oakdale on the Park Commission"from December 1967 to December 1969 the City of Lake Elmo as a member of the Park Commission from 1972 to 1976, and a member of the City.Council from June 1979 to December 1982. WHEREAS, the City Council of the City of Lake Elmo wishes to express its appreciation for his untiring efforts on behalf of the City of. Lake Elmo; and his devotion to study and discussion of all matters of policy; NOW, THEREFORE, BE IT RESOLVED, by the City Council of ° the City of Lake Elmo: 1° r THAT, Jess Mottaz be and is hereby'commended for his effort on behalf of the City of. Lake Elmo; and, THAT, this City Council, authorizes an award to Jess Mottaz for his devotion on the concerns of the Community suite 1967, ADOPTED, this the 7th, day of December, 1982, by the City Council, City of Lake Elmo, Rayn L Eder, Mayor ATTEST: �Ii l (i Pill 4 C CC. , �,o_1.t,[Jc. O—kt? _,_." Laurence E. Witt —fir, A�ininistrator 83212 83213 83214 83215 83216 83217 83218 83219 83220 83221 83222 83223 83224 83225 83226 83227 83228 83229 83230 83231 83232 83233 83234 83235 83236 83237 83238 83239 83240 83241 83242 83243 83244 83245 83246 83247 83248 83249 83250 83251 83252 83253 83254 CLAIMS TO BE APPROVED AT DECEMBER 7, 1982 COUNCIL MEETING David Eder - Cleaning - November Postmaster - postage meter Mn Public Employees - seminar Gov. Training Service - planning seminar -VOID- Petty Cash - misc. postage Commissioner of Revenue - November state wh. State Bank of Lake Elmo - November federal wh. State Treasurer - November Social Security Contr. Jess Mottaz - 2nd 1/2 council pay Dave Morgan Laura Fraser " Jeanne Novak Maynard Eder = mayor pay Washington National Insurance Co. Allied Group Insurance Trust Minn. Benefit Ass n Laurence Whittaker - Dec, expense Mary Meyer - 11/23/82 newsletter James McNamara - November mileage University of MN - Building Officials seminar ICMA - reports for building official Hagen Office Equipment, Inc. -maintenance for Apple Loonam Computer Terminals -maintenance for printer Pitney Bowes - postage meter I B M - cleaning & repair of 2 typewriters Personal Business Systems - Diskette file Stillwater Book & Stationery -,office supplies Oakwood Animal Hospital - November Gerald Dahlberg - November animal control officer 37.20 200.00 30.00 25.00 48.83 737.00 1,508.50 1,560.06 750.00 750.00 750.00 750.00 1,000.00 729.56 88.32 26.40 Gazette - notice for insurance bids Wm. Peterson - reimbursement for planning workshop Kathy Crombie - reimbursement for christmas invitations To Your Health - Ohristmas party caterer Four Seasons - cups & coffee George Ringwelski - park gate Oct. 1st thru Nov. loth Ilene Johnson - Parks commission minutes Northwestern Bell Northern States Power Water Products Co. - water dept supplies Banyon Data Systems - Utility Billing System contract T S B Computer Service - Utility billing - 3rd Qt. First Bank of St. Paul - Water Bonds payment 50.00 175.00 168.75 93.75 23.00 350.00 300.00 51.50 98.70 30.00 128.19 156.00 274.00 9.02 25.00 3.68 300.00 34.10 80.00 38.65 294.97 1,373.12 8.43 200.00 87.50 10,425.00 (continued) DECEMBER 7, 1982 CLAIMS LIST page 2 83255 T K D A - General $ 994.46 Water Department 988.84 MSA 3,196.22 Park 88.35 Pass Thru 335.78 $ 5,603.65 63256 Lawson, Raleigh & Marshall - Genera 5 .2 Prosecutionsl,158.00 1,744.20 83257 Carlson Tractor & Equip. - diesel tractor w/'mowers 17,990.00 83258 Unitog - Dave Wisdorf - clothing allowance 18.85 83259 Eastern Wear -Guard - D.Wisdorf - clothing allowance 74.46 83260 Trade Tools, Inc. - maintenance dept - HS Bit Set 46.85 83261 G. A. Meyer Mercantile - maintenance dept 56.59 83262 Vern's GTC Auto Parts - maintenance dept 58.15 83263 Northern States Power - slag received in Oct. 97.50 83264 Elmo's Lumber & Plywood - fire dept, final on radio rm. 53.36 83265 Capitol Electronics - radio repair 22.82 ADDITIONS TO DECEMBER 7, 1982 CLAIMS LIST 83266 Bruce Kuettner $ 409.18 83267 Dick Sachs 498.84 83268 Jerome Eder 247.25 83269 Jim Beers 239.06 83270 Bill Eder 244.52 83271 Al Kupferschmidt 244.52 83272 Fran Pott 255.44 83273 Steve Pott 304.58 83274 Tom Allickson 285.04 83275 Jim Bjorkman 263.20 83276 Steve Buege 142.22 83277 Paul DeMarco 274.12 83278 Vince Douglass 216.79 83279 Joel Eder 317.80 83280 Charles Johnson 255.01 83281 Rick Keller 285.04 83282 Randy Pepin 388.78 83283 Mike Pott 207.74 83284 Pete Raush 106.73- 83285 Jim Sachs 336.91 83286 Bill Wacker 279.58` 83287 Bob Wier 197.68 Total firemen's compensation 83288 Lake Elmo Associates Ltd. - December rent 83289 thru 83309 Dec.�10th & 24th payroll 6,000:03 1,689.00 9,000.00 Total 1 $.6.6,224.69