Loading...
HomeMy WebLinkAbout10-04-83 CCMCLAIMS TO BE APPROVED AT OCTOBER 4, 1983 LAKE ELMO COUNCIL MEETING 84148 Husting & Engstrom - Keats Avenue final pmt. $ 53,225.09 84149 Verle Thompson -replace lost check (election judge 9/21/82) 26.80 84150 Laurie Waterman - St. Paul evening paper 3.70 84151 Void -0- 84152 Washington County Treasurer = record deed 1.50 84153 State Treasurer -Social Security Fund Contribution - Sept. 2,621.86 84154 State Bank of Lake Elmo - Sept, federal wh. 2,937.40 84155 Commissioner of Revenue - Sept. State wh. 1,372.00 84156 Patrick Klaers - October expense 50.00 84157 Lake Elmo Associates Ltd. - Oct. rent 1,689.00 84158 L.M.C.I.T. Health Protection Plan = Oct, hosp. 1,137.90 841.59 Minn. Benefit Assn. - Oct. hosp. 52.00 84160 Allied Group Ins. Trust - Oct. disability & life 92.67 84161 James McNamara - September mileage 235.40 84162 Ilene Johnson - 9/20 City Council minutes $ 138.50 9/19 Parks Commission minutes 53.40 9/12 Planning Commission 96.75 288.65 84163 Mary Meyer - 9/29/83 newsletter 200.00 84164 Pegboard Accounting Controls - office supplies 156.46 84165 Washington County Treasurer - 1983 Assessor 7,835.10 84166 Washington County Treasurer - maps 52.54 84167 Lawson, Raleigh & Marshall - General $ 582.00 Prosecutions 310.00 892.00 84168 Eckberg, Lammers - Prosecutions-^ 120.00 84169 Gerald Dahlberg - Sept. animal control officer 286.00 84170 Lake Elmo Hardwood Lbr. - Fire Dept. bldg. repairs 13.94 84171 North Star International - Fire Dept. truck repair 187.04 84172 Washington County Treasurer - Sealcoating 50,147.30 84173 Carlson Tractor - Maint. Dept. truck repair 27.06 84174 International Hough - appraise grader 164.34 84175 Paper Calmenson & Co. - snow plow blades 985.53 84176 Vern's GTC - Maint. dept. truck repair 56.51 84177 MacQueen Equip. Co.- Maint dept. truck repair 243.48 84178 Northwestern Bell 283.42 84179 Northern States Power Co. 952.22 84180 Water Products Co. - water dept supplies $ 31.21 Schonstedt Locator. 480.00 511.21 841.81 Twin City Testing - Water dept. - water tank 'p ainting 287.82 84182 Allied Painting & Renovating - water tower painting final pmt. 4,207.00 84183 thru 34196 October 14th payroll 5,000.00 $-136, 342.94 LAKE ELMO CITY COUNCIL MEETING OCTOBER 4, 1983 Mayor Eder called the meeting to order at 7:10 P.M. in the City Hall. COUNCILLORS PRESENT: Dunn, Mazzara, Morgan, Fraser(arrived at 7:20 p.m.). Also present City Administrator Klaers and Consultant Whittaker. 1. AGENDA: M/S/P Dunn/Morgan to adopt the agenda as amended. Add: 8-E Letter from Sally Johnson regarding the landfill lawsuits, and their representation of the City. 8-F Grading of the ballfield at DeMontreville Park. 8-G Resolution thanking former employees, Kathy Crombie and Edna Beers, for their services. 8-H Deputy Clerk Position. (Carried 4-0) 2. MINUTES: M/S/P Morgan/Mazzara to approve the minutes of the September 20, 1983 City Council Meeting. (Carried 4-0) 3. CLAIMS: M/S/P Dunn/Morgan to approve Claims 84148 thru 84183. (Carried 4-0) 4. PUBLIC HEARING: A. Jane Road North (Petition for street improvement) Pursuant to public notice, this public hearing is to consider the ;petition from the residents for a 22 foot wide street and to hear the feasibility study prepared by the City Engineer on September 29, 1983 and presented to the City Council. Bohrer presented the feasibility study. Morgan - On June 21, you went thru this same exercise and my data says you estimated the cost to be $1800.00 per lot for that 22 foot street. This is more than twice. What happened? 1 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 2 Bohrer - In that June 21 letter, we were asked to come up with a ballpark figure for surfacing the road. The first estimate was just to shape up the gravel base that is there, just adding an inch or two and surfacing the road in place. No provision for changing the direction or collection of the drainage. It would still continue to run along the edge of the road and erode as it does now. There would be no realignment and very little restoration. Morgan - Why was the project changed? Fraser - This is what we asked him to do. Eder - Is there a reason why you would not have used City Standards? Bohrer - I think the reason was because at that time there was no consideration whatsoever for Jane Road to being anything other than just a deadend street. Since that time the preliminary plat of the Meadows has been submitted making that not a deadend road anymore, or a very good possibility of not being a deadend road anymore. Also, public testimony taken in that series of meetings afterwards regarding the drainage saying that drainage collecting in the low point and running between the Weir's lot and Mr. Krause's was something that should be eliminated if possible. Eder - How do these rates compare to the unit prices in the most recent bids. I realize that you have to allow for the fact that they aren't going to be bid immediately. Bohrer — That is the only provision; that it will be bid in 1984 instead of 1983 so it's incrementally higher than if it was constructed in 1983, by 5% maybe. Jim Weyer - What is the added cost associated with putting the curbs on and realigning the road? Bohrer - We estimated about five trees would be removed for the realignment at an estimated cost of $750.00; Excavation of about $4500.00 (est.);remove in -place culverts at about $300.00 (est.); The curb $5,150.00; the storm sewer which amounts to two catch basins, storm sewer pipe and a pipe apron at the end at about $4400.00 (est.). The first estimate for gravel base included just enough gravel to shape it and make a crown in the road, where this would be a complete 6 inches of gravel. The total for the 6 inches is about $6800.00 so I suppose $3000.00 of that would be additional. Restoration in top soil, seeding and sodding, approximately $6400.00. If ,you add these up, it is probably the cost difference. 2 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 3 Weyer - Could I assume that the cost of the original proposal was around $20,000.00? Bohrer - That's pretty close. Weyer - Could I assume then, that if we were to slant the road in one direction, the curbs would be one-half of the $5150.00 that you quoted us. Plus the storm sewer would be about another $4400.00. So that would bring the total up to about $27,000 -- is that correct? That is what the petition requested. That then would be the difference between what the petition requested and the $50,000 that you came up with. Bohrer - Not exactly; if you are putting a curb on one side you need to fill in the boulevards on that side and the ditches, otherwise the water won't get to the street. The boulevards have to run into the street. Certainly some work should be done on the boulevards if the proposal is to get away from ditch type drainage. So there would be some soil needed to fill in that boulevard and seed it. Weyer - What is the purpose of the boulevards draining into the roads? Bohrer - The reason to control drainage on a road is to keep it dry and therefore, maintain its strength. When a road bed is wet it loses its strength and any blacktop you have will crack up and deteriorate a lot faster. There are two ways of controlling the drainage. Either the water goes off the road in the ditches and then runs away, or it runs into the road, is caught in a curb and gutter and runs to a central location where it can be picked up with a storm sewer and taken off the road. I am not recommending that ditches be used in that road because of the erosion problem that presently exists. A lot of soil is getting deposited on the vacant Krause lot from the erosion that is occuring. Weyer - I don't think anyone has recommended ditches. Bohrer - The next alternative is to put curb on. If you use a curb you have to get the water to the street. That means the ditches that presently exist and the wash will have to be filled in. Eder - When we are speaking of $20,000 that you originally prepared, that didn't include contingencies, administration, engineg, etc.? Bohrer - Yes it did. Morgan - I just can't understand this. With 32 foot standard 3 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 4 road on June 21, was $37,500, now a 22 foot road is $39,500. The smaller we make the road, the higher the cost. Bohrer - You have to realize that this June 21 letter was put together with very little information. We were given the task of for $200.00, putting together our best shot at this time. Don't do any field work, don't do any measurements, just use a scale on a map and give us the best shot. The reason for giving out these figures is for the property owners to decide if they wanted to submit a petition or take it any further. Fraser - I recall the Council requesting that rough estimate and was in that nature that we requested it. We put a lot of Pressure on not to do much work and I am distressed by the implications that the engineer is providing erroneous figures. I think that is not correct and I think the implication is poor. Morgan - I am not implying that at all. It takes so much bituminous material to build a road. That doesn't change. That is a volume figure. Weyer In regard to the original proposal of June 21, is that still an acceptable number for that road as proposed. Bohrer - Yes, I think that is pretty close. Weyer - The petition was for approximately $20,000 and then we assume that the improvements based on what we requested; slanted in one direction, putting the curb on and catch basin, would bring it up to $27,000. We felt that would be a reasonable compromise which would satisfy the needs of both the homeowners and the City. The needs of the City, we had felt, were that regarding the safety of the residents in the locality which it serves in terms of fire protection. It would also serve the needs of the homeowners in such a way that it would blend in with the 22 foot wide road that is currently there on Jane Road North. Also minimize the water runoff going into Lake Jane and also minimize the cost. What we have heard here is substantially different than what the homeowners have requested. If given the choice between the $52,200 proposal as submitted by the engineer versus the $20,000 proposal without any provisions for drainage or anything, I certainly would be much more in favor of the $20,000 proposal. Wyn John - If you now estimate the full 32 foot wide road, is that subject to a simular escalation because we didn't have time to prepare the estimate in the first place or does that stay at approximately where it is? Bohrer - The estimate for the 32 foot wide road was prepared for Council consideration back in August and I would think that is still applicable. That was done after viewing the site, after 4 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 5 consideration of the drainage issues. Weyer - Assuming that this does not pass this evening, what do the homeowners do then, go back and submit another petition for the exact original proposal so we can keep control of these costs? Eder - I suspect, based on the fact there are not too many residents here, that there is a possibility if people knew what was in this proposal they would prefer to comment on it. I would think the discussion be deferred and people should have a chance to read this over and think about it and come back with questions or what should happen. Closed hearing at 7:50 p.m. Fraser - I would like to proceed with whatever discussion Council members wish to make. Dunn - This should serve as a basis for negotiating and at least questioning what the engineer has proposed and modifying from there. You have to keep in mind that we have to look out for the City's interest. If we get something that is substandard for maintenance standpoint we are going to be over there every year bringing in rock, whatever, to correct erosion. Fraser - There has been discussion at various times and I sense about three different approaches, one being when we asked the engineer to look at it in a very preliminary way. I judge that to be completely inadequate type of improvement. There is also the petition that the property owners presented which the Council asked the engineer to use as a basis for what he has come up with. I don't think I could go along with either of these so I think the consideration will rest between the 22 foot as presented here tonight or the 32 foot road presented earlier. Given that, with a difference per lot of only $280.00 I think it would make good sense to go with the road that meets the City standards. I would not vote for the 22 foot road based on the material which I have at hand, and I certainly cannot imagine going at some future time for a smaller road. I think the action will be no action or proceeding at a time when a road up to City standards can be built. Mazzara - I can certainly sympathize with the homeowners out at Lake Jane for the difference in $20,000 to $52,000 but :realistically, what we asked Larry to do was to tie up all the loose ends as far as erosion, water, etc., and although it is probably a lot higher than I thought it was going to be, that's our two choices, I think either the 22 foot or 32 foot road in there. M/S/P (Morgan/Mazzara) to table the matter until the next meeting. (Carried 5-0) 5 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 6 B. Castle Design (Variance and shoreland permit) Hill Trail No. (Ken Gervais - Lots 228,229,230,231,232 and the NEly 1/2 of vacated West Shore Drive adjoining Lot 228, all in Lanes Demontreville Country Club. Pursuant to public notice, this public hearing is to consider the petition from Castle Design for variances and shoreland permit. The request involves at least two variances. Variance from lot size and variance for structure set back from the water. The engineer has stated that he does not believe that a variance can be given from the drainfield setback from the water. Bohrer - I have researched that a little further with the DNR and they have stated that in the State Shoreland Regulation a variance can be given to that set back on a sub -standard pre- existing lot, which seems to fit into this catagory. Eder - At one time this had to be a common ownership lot. Would someone from Castle Design give us some history on the acquisition of this lot? Ken Gervais - The lot was purchased in 1979. The lot was apparently part of another parcel. The person that owned it was transferred and got a lot -split and sold the house off and made this into two lots. I came in 1979 and asked the City if it was a buildable lot as it stands and I was told yes by your building inspector. This property was in an individual ownership. I did not buy it from the gentleman next door, I bought it from a person in Beaumont, Texas. It was in one ownership, by itself. Eder - It is a very marginal piece of land. I think we have taken a position where we didn't want trenches located inside of other trenches in the future. That being a secondary drainfield. The amount of land above water is probably less than 1/4 acre or maybe 3/10 of an acre. Discussion on shoreland set back. There is a conflict between ordinances. The zoning district says 30 feet and the shoreland says 20 feet. Mayor Eder instructed the City Administrator to have this conflict corrected. Morgan - What is the average lot size in the area? Whittaker - 26,800 square feet. Eder - I am personally in favor of the City doing research on these transfer titles. These are the kinds of things we were am LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 7 hoping to prevent over the last twenty years. I don't know how this slipped thru the cracks, how it got divided. There has been a minimum of an acre for back at least to the early 701s. All of these deeds must be signed or initialed by the City Administrator or City official. Whittaker - Not if they are platted property or parcels of record. Eder - Maybe interpretation changes over time. We had problems with that in 1974 and 1975 and we laid down the law and said that anything less than an acre you must send it out here. Whittaker - I don't think they have been doing it. Morgan - Would you clarify the rule again. Obviously it doesn't make the 1-1/2 acres, then it must meet the average of the lot sizes in the vicinity. Whittaker - The ordinance says 60% of 1-1/2 acres which is about 39000 square feet. We had so many parcels in Lane's DeMontreville that didn't meet that 60% rule, the Council set up a policy saying that if they had the average of the other built on lots in the subdivision which is that 261800 square feet, then they would consider the variance. Eder - Is there a reason this application was made in June and we are just getting it now. Bohrer - There was a preliminary review and a letter sent out in July stating that different information was needed; (1) Show the location of the proposed septic tank and pump station within set backs; (2) Set backs of drainfield area to water is 75 feet from high flood; (3) drainfield must be designed to accomodate 600 gallons per day. I also stated that every home in Lake Elmo is assumed to have a garbage disposal for sizing drainfields. I pointed out the lot size and the variance for the structure set back that would be required. Eder - I guess the problem that I have is that after someone has invested some money this has to be disappointing. M/S/P (Fraser/Mazzara Move to deny request for Shoreland Permit and deny variance for lot size and structure setback from the water. Fraser - The reason I move to deny is that I think there are too many variances required and that each of them requires too great a variance. Lot size, you are looking at 1-1/2 acres and we have either .39 or .52. With setback from the water, feet.With the drainfield, 75 is required but 65 is possible. The oil' C 7 0 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 8 drainfield is to be fitted between existing trenches which we have discouraged in the past and which even the DNR is questioning. So I think the number of variances and the extent of them is excessive. Mazzara - I agree with this. I just can't see putting another problem in that area. (Motion Carried 5-0) Gervais - I guess we should takeup the drainage problem next. The storm drainage that is running into my lot without any easements. You have your storm system picking up catch basins and right into the center of the lot which is eroding and we are picking up practically all of the gravel in the whole neighborhood. There is no easement to dump storm sewers into my lot. Mayor Eder suggested that Mr. Gervais taie the matter up with the City Administrator. 5. Engineer's Report: A. Construction Plans for Teal Pass Estates (Formerly Lake Jane Estates) Bohrer stated that he had reviewed the construction plans, specifications, proposal documents, grading and erosion plans, and recommended items to be added or clarified. Stated he had also estimated the escrow bond or letter of credit for the improvements to be constructed next spring, following the completion of the grading and gravel base that they would like to do this fall prior to the final plat signing. That estimate is $16,500. Dennis Peck stated that not only did they want to install certain improvements this fall but they also wanted to build one home .' His proposal for the Council's consideration is to immediately post a cash bond in a sum to be determined which would be sufficient to take care of the improvements this year and escrow for the bulk of the improvements for next year. He stated that there is approximately $31,000 to $32,000 total construction costs that is not including the extra 25% for escrows. What we would like to have the Council consider is bonding immediately for all those items except the overflow pipe and the overflow easement. We would like to address those as a separate issue. That would mean that we would bond about $25,000 plus the 25% for cash escrow to the City as soon as we could work out the details with the development contractor. We would then like permission to start one home. The City then would have the insurances that the work would be done this fall, if not you would certainly have the escrow required to get this done in the sring. LAKE ELMO CITY COUNCIL MEETING 10-4--83 Page 9 Discussion on the inspection procedures. Bohrer explained that resident inspection meant someone was placed at the site and observes the construction as it takes place. The City provides a spot inspection to make sure it conforms to plans and specifications but it is up to the developer to take care of it on a day to day basis. Peck - The items we would like to delete would be the 18" RCP, the 18" RCP apron and the outlet structure. Those are items we know need to be constructed but they are also items that hinge upon us obtaining an easement to bring it across to Lake Jane. At this point we may or may not need the City's help in obtaining the easement. If we simply build one home and at the same time do all of the grading and excavation of ponds the overflow, the drainage system would be substantially better than it ever has been, even without an outlet structure at this time. What we would like to do is be able to have time to work out whatever easement arrangements are necessary and put the outlet structure in next year and have the City accept this is good faith that if we deposit $30,000 in funds, we would be responsible enough to complete the rest of the work next year. All of the work would be completed by July 1, 1984. Bohrer stated that the pipes would not be critical for just a single home. Eder - But we would be approving the final plat in order for that house to get in there. Bohrer - Yes. The three lots within Teal Pass Estates. Eder - But all of this could be worked out in the wording in the development agreement. Bohrer - There may be an issue in terms of whether once you have approved a plat, what kind of restrictions you can put in building permits, but we don't believe that will be a problem. Bohrer - What I would have to do is take the bid proposal, and I would have to perform an estimate on it, deleting this 18" concrete pipe and control structure. Folz - We will send this out for bids probably Thursday (10-13- 83) and prior to your next Council meeting before the development agreement could be signed, we would have a contract and know exactly what the costs are. Bohrer - What we are asking is for the Council to give some direction to the City Engineer, the City Manager and the City Attorney that the matters we are discussing,ie: not having to bond for the one improvement, placing a cash escrow with the 9 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 10 City, being able then to take out one building permit at the time that the final plat is approved, that it is something the Council has considered and deems acceptable. Eder - I don't have a problem if it sets out the criteria that says the culvert is go or no go because of this so that we don't have any misunderstanding. M/S/P (Morgan/Mazzara) To move approval of the ammended plans as specified by the City Engineer. (Carried 5-0) M/S/P (Morgan/Mazzara) To instruct the City Administrator to work out the development agreement. (Carried 5-0) M/S/P (Morgan/Mazzara) To adopt Resolution 83-62 approving the final plat with the contingencies and subject to a development agreement for Teal Pass Estates. (Carried 5-0) Suggestion to include in these minutes that Teal Pass Estates was formerly known as Lake Jane Estates. Discussion on the park dedication fees. B. Grading Permit for St. Paul Suburban Bus Company: Discussion and review of letter sent to Council by Larry Bohrer. The lot is being relocated because of the frontage road construction. They propose to relocate and upgrade their facilities into the SE corner of their property, north of the new frontage road. This falls under the Building Code, Section 502. The whole parcel is zoned GB so no zoning change is needed. No wetlands or low areas would be filled. No storm water storage is taken up by doing this grading.They have proposed to construct a pond with an outlet culvert and both the pond and the outlet do meet the City's requirements. One recommendation by engineer is that inlet end of this outlet culvert be staked with hay bales to prevent sediment from entering the frontage road ditch. The actual driveway on to the frontage road will require a driveway permit from the Transportation Department. Eder - Why did they choose the most choice lot to put the metal building on? Folz - I am not sure it is going to be metal. The architect is looking at it right now and all of Regan's other bus storage buildings are concrete block buildings. But they have not made 10 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 11 the final decision as to whether or not it will be metal or concrete block. Eder - I am really concerned that now they are going from step A to step B. I don't want them to end up detracting from their availability to attract good business' adjacent to their property. Folz - We did a Concept Plan Design before we got this far to try to look at the land use. He chose to be in the SE corner of this site because he felt the drive-in theatre is not the most desirable thing to put some other business next to, and he felt a bus storage site would be a good buffer from the drive-in theatre. He also wanted to get some exposure on the highway for his buses. There is also, in the SE corner of this property, a natural gas pumping station and there is a relief valve in there so from that standpoint he thought this would be the best location. Folz - One other comment: I had a call from Nels Nelson of Valley Branch, and after review said there was no problem, that it met all requirements, but then called later and said there was one minor problem. That is, there will be bus storage units in here and the potential that one of the buses could have a fuel leak and fuel could go into this pond is a concern to the water safety so, therefore, they are asking that we put a structure on the outside which would actually be a device to stop the potential oil from going out. They are asking for a skimmer to be put in there. M/S/P (Morgan/Mazzara) To approve the grading permit as suggested by the engineer and amended by the Watershed District. (Carried 5-0) C: Engineering Agreement - 201 Sewer Project Larry Bohrer discussed sample letter he suggested be sent to the EPA, thru the the MPCA, asking to take a certain number of failing septic systems ahead of schedule, out of sequence. We would recommend the stepping -up of the five individual on -site septic systems. To define 'stepping up' Bohrer responded by saying that it would take approximately six months to prepare the plans and specifications, the EPA says to allow six months for review, so we are looking at a 1985 construction. Five people have contacted us and said they could not wait and asked if there was anything we could do to speed up the process. The rules and regulations do allow certain work items to be exempt from the normal procedures. We would like to submit this letter and get approval and do it this fall. 11 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 12 Discussion on the criteria for determining who has priority with this assistance. M/S/P (Dunn/Morgan) To send a letter to the Environmental Protection Agency thru the Minnesota Polution Control Agency asking to take a certain number of failing septic systems ahead of schedule. (Motion Carried 5-0) Larry Bohrer stated that we are not receiving a grant for the $103,000 that is proposed to be the cost of the design of Step 2 work. Instead of the grant, they have developed a chart that gives an allowance for Step 2 work. He estimates between $30,000 and $33,000 of this will be eligible for that allowance. It is given to the City in two halves, half of that $30,000 to $33,000 is given to the City when the design is 50% over and the. other half is received by the City when the plans and specifications are complete. The City does need to address how to handle the interim financing of about $70,000. Eder - I think we should ask the County for some money since they gave some to all the rest of them. Whittaker - What we will have to do is use the Council Contingency Fund until we collect these back assessments which means it will leave us with less of a margin of safety. But the alternatives are bonding, or something like that, which will cost us more money. Eder - What we need is a proposal where our City Administrator is working with the engineer as to how we are going to finance this, how much we are going to charge the property owners, and have it back in here on the 18th. I don't think any resident of Lake Elmo should have to foot any of this bill at all. Fraser - I agree with working it out but, I would say not to rule out a consideration for some sort of pre -payment by the resident. If that doesn't seem feasible as you work on it, drop it, but put it into the initial thinking, at least as an option for those that want it. M/S/P (Dunn/Mazzara) Motion to have City Administrator come to the City Council on the 18th of October with all of the suggestions,ie: bonding, take it out of reserves, what the interest rate that we will accrue. In effect, deferring the agreement until the next meeting. (Motion carried 5-0) 12 4), LAKE ELMO CITY'COUNCIL MELTING 10-4--83 Page 13 D. Steve Pott 'Large Lot Subdivision: M/S/P (Dunn/Mazzara) Move to adopt ( the large plot subdivision with the Street, $175 00 per lot park dedication the CSAH-17 .right of way. (Motion Carried 5-0) Resolution 83-63 granting road dedication on 43rd :Pee, and clarification of E. Reid Park and Jamaca Court Improvements: Both improvements were scheduled to be done by October 1, 1983. Mogren Brothers, the contractor for Reid Park has not submitted a request for an extension of time. Ashbach Construction has submitted a requst for an extension of time until October 10, 1983 and estimate three day construction time for. the Jamaca. Court improvements. Discussion on why the improvements were not done on time, and discussion on penalty clauses being added for work not done on time. M/S/P (Fraser/Morgan) To accept the extension requsted by Ashbach Construction until October 10, 1983. (Motion Carried 5-0) M/S/P (Eder/Morgan) To acknowledge to Mogren Construction that the work would not be done by the due date and a letter of understanding be sent; by the Engineer to make sure that the seed is guaranteed to grow or contractor defers it until next year and contractor takes any risks involved because of erosion. (Motion Carried 5--0) F. Tartan Meadows Development Agreement (Willard Morton) Mr. Morton explained his proposal as: to put the road in Leward Avenue 750 feet and put in certain erosion control devices. His first requst would be a grading permit. The road construction is a separate issue from the approval of the partial plat. He would like to put the road in and show lots and sense the strength of demand and given there is a demand, ask for the filing of the partial plat. Bohrer - If Mr. Morton is not asking for final plat signatures and recording, he cannot sell lots, 'and he can do those improvements without a developers bond. M/S/P (Morgan/Fraser) To accept proposed grading plan that was in original specifications up to that point. We will develop 13 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 14 bond amount for all remaining improvements in what will be this first addition. (Motion Carried 5-0) Break 9:25 to 9:30 .. Mining Permits: 1. Schafer Construction M/S/P (Dunn/Morgan) To renew the mining permit, with the same conditions as previously set forth, for one year. (Motion Carried 5-0) 2. Hammes Mining Permit M/S/P (Mazzara/Dunn) To defer action on the Mining Permit until October 18, 1983. (Motion Carried 5-0) Fraser stated that she would not aprove one extension after another unls code violations on the property are resolved. 7. Councils Reports: A. Appointment of Jim Weyer to the VBWD Citizens Advisory Committee. M/S/P (Morgan/Dunn) To appoint Jim Weyer to the VBWD Citizens Advisory Committee. (Motion Carried 5-0) B. Rock and Plaque in Sunfish Park for 125 year Anniversary. M/S/P (Mazzara/Morgan) To give permission for a memorial rock in Sunfish Park for 125th year anniversary. (Motion Carried 4-0 with Eder abstaining) 8. Administrator's Report: A. 1984 City Budget 14 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 15 Discussion of the budget, its increases, including the sealcoating and additional levy for lost state aids. M/S/P (Fraser/Mazzara) To adopt Resolution 83-64, adopting the 1984 budget and setting the tax levy for 1984. (Motion carried 5-0) B. Good Citizen Award to Lake Elmo Jaycees (as recommended by Park Commission for work effort in City Parks) Consensus was to clarify what the Park Commission wanted at their meeting on October 17, 1983. C. Reimbursement from Washington County for funds spent installing water at the fire station for landfill area residents. M/S/P (Morgan/Mazzara) Motion for City Administrator to requst from the Washington County Board of Commissioners reimbursement of $326.88 for funds spent installing water at the fire station for landfill area residents. (Motion carried 4-0) D. Replacement for Paul Ryberg - Planning Commission M/S/P (Morgan/Mazzara) Motion to move second alternate to first alternate position and advertise for the second alternate position. (Motion passed 4-0) Paul Ryberg was the second alternate so no change is needed at this time. E. Sally Johnson; Landfill Lawsuits M/S/P (Dunn/Morgan) To give our formal consent to this dual representation and ask that Mr. Klaers communicate that conscent to Sally Johnson. (Motion Carried 5-0) 15 LAKE ELMO CITY COUNCIL MEETING 10-4-83 Page 16 F. Grading Ballfield: Request from Jim Yarusso to get the ballfield graded before fall. Consensus was to determine if this is a reasonable thing to do at this time of year and to gather the recommendations from the Parks Commission meeting on October 17, 1983. If they formalize what they want done, it will be added to the agenda on the 18th of October. G. Resolutions for former employees: M/S/P (Morgan/Mazzara) To adopt Resolution 83-65, a Resolution of appreciation to Edna Beers. (Carried 5-0) M/S/P (Morgan/Mazzara) To adopt Resolution 83-66, a Resolution of appreciation to Kathy Crombie. (Carried 5-0) M/S/P (Eder/Morgan) Motion that the City Administration acquire some type of gift for Edna Beers in an amount not to exceed $50.00. (Carried 5-0) H. Deputy Clerk Position: Consensus was to authorize administration to seek the best solution to filling the Deputy Clerk position, providing the salary ranges stay within the budgeted amount. Meeting adjourned at 10:10 Resolution 83-62 Final plat for Teal Pass Estates Resolution 83-63 Steve Pott Large Lot Subdivision Resolution 83-64 Adopt 1984 Budget and Set Tax Levy Resolution 83-65 Resolution of appreciation, Edna Beers Resolution 83-66 Resolution of appreciation, Kathy Crombie 10 W R83-66 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION THANKING KATHY CROMBIE FOR HER SERVICE TO THE ADMINISTRATOR FOR THE CITY OF LAKE ELMO WHEREAS, Kathy Crombie washired as a temporary Secretary to the Planning Commission in March, 1978; arid, WHEREAS, Kathy Crombie assumed the duties of Secretary to the Administrator in February, 1979; and, WHEREAS, Kathy Crombie resigned from that position effective September 1, 1983, and subsequently agreed to serve as Deputy Clerk and Senior Secretary effective October 1, 1.983; and, WHEREAS, Kathy Crombie was an efficient, thorough, ( pleasant and highly competent employee throughout her years of service to the Planning Commission, City Council, and City Administrator; and, WHEREAS, Kathy Crombie will be assuming a different, more public, but less visable position as Deputy Clerk and will be missed at Council and Planning Commission meetings; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Washington County, Minnesota, THAT, Kathy Crombie is hereby offered the thanks and appreciation of the Planning Commission for her service to them as Secretary; and, THAT, Kathy Crombie is hereby offered the thanks and appreciation of the City Council, the citizens, and the staff of the City of Lake Elmo for her service as Secretary to the Administrator and their best wishes in her new position as Deputy Clerk. ADOPTED this the 4thday of October, 1.983, by the City Council of the City of Lake Elmo. Attest: Laurence E. Whittaker City Administrator SIGNED: Mayna qc L. Eder, Mayor SIGNED: act-, Nancly Pr i e, Chairperson a A FOR HE WHEREAS, E a part-time cleric R83-65 RESOLUTION CITY OF LAKE ELMO NGTON COUNTY, MINNESOTA ESOLUTION OF APPRECIATION TO EDNA BEERS SERVICE TO THE CITY OF LAKE ELMO a Beers was hired in April, 1970, assistant to the City Clerk; and, to serve as WHEREAS, Edna Beers 'went on to become the full-time Deputy Clerk and Senior Secretary for the City of Lake Elmo; and, WHEREAS, Edna Beers retired from that full-time position in September, 1983;land, WHEREAS, E. na Beers was a dedicated, conscientious, and invaluable employeelthroughout those years of service; and, WHEREAS, Edna Beers will be greatly missed by the other employees, the citizens and the City Council of Lake Elmo; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, Washington County, Minnesota, THAT, Edna Beers is hereby thanked for her fine and faithful service to the City of Lake Elmo from April, 1970 to -f September, 1983; and, THAT, the City Council hereby offers its appreciation and thanks to Edna Beers on behalf of the citizens of Lake Elmo; THAT, Edna Beers is hereby wished the best of everything in her retirement. ADOPTED, this the 4t.hday of October, 1983, by the City Council. of the City of Lake Elmo. a SIGNED: Maynara L. Eder, Mayor ATTEST: Laurence E. Whittaker City', Administrator a k R83-64 RESOLUTION CITY 01' LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING BUDGET FOR 1984 AND LEVYING TAXES FOR 1984 WHEREAS, the City Council of the City of Lake Elmo has heretofore considered and has adopted a budget setting forth in detail complete finan- cial plans of the City for the year 1984; and WHEREAS, the City Clerk/Treasurer (City Administrator) at directi of ,the City Council has computed the amount of taxes necessary and within statutory limits which must be levied and collected during the year 1984 in order to provide the budgeted funds; and WHEREAS, the City Council of the City of Lake Elmo has considered the said proposed levy and determined the same to be necessary in the public interest; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that the attached budget is hereby adopted and approved as the budget for the City of Lake Elmo during the year 1984, and the sum_ of $321,224 is hereby levied in order to provide the City with the funds required by said budget and that the sum of $67,000, General Obligation Street Improvement Bond, and $80,000, General Obligation Park Bond, and $33,574, Equipment Certificate, also be levied for 1984 Bonded Indebtedness. BE IT FURTHER RESOLVED, that the Clerk/Treasurer (City Adminis- trator) is hereby directed to certify a copy of this resolution to the County Auditor in accordance with law. Adopted by the City Council this 4th day of October, 1983. SIGNED: Maynlyd L. Eder, Mayor ATTEST: Patrick D. K al ers City Administrator R-83-63 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A LARGE LOT SUBDIVISION FOR STEVE POTT AND JED WEIR. WHEREAS, Mr. Steve POtt and Mr. Jed Weir own certain land in the City of Lake Elmo, .legally described as follows, to -wit: PARCEL "A" All that part of the West Half of the East Half of the Southeast Quarter of Section 11, Township 29 ( North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, lying south of the centerline of- 43rd Street North and lying north of the south 660.00 feet of said West Half of the East Half of the South- east Quarter. This parcel contains 17.150 acres, more or less, and is subject to the right of way of 43rd Street North. PARCEL "B" All. that part of the East Half of the East half of the Southeast Quarter of Section 11, Township 29 North, Range 21 West, City of Lake Elmo, Washington County, Minnesota, lying south of the centerline of 43rd Street North and lying north of the south 660.00 feet of said East Half of the East Half of the Southeast Quarter. This parcel contains 17.232 acres, more or less, and is subject to the right of way of 43rd Street North and the right of way of Lake Elmo Avenue North (also known as C.S.A.H 17). WHEREAS, the said Steve Pott. and Jed Weier have made application to the City of Lake Elmo, to have the above -described parcels approved by the City of Lake Elmo as legally subdivided parcels; WIiEREAS, at the time of said application, the above -described parcels were not separately described parcels of record; N WHEREAS, the City of Lake Elmo Planning Commission considered this application and recommended approval of same at its meeting of September 26, 1983. NOW, THEREFORE, BE IT RESOLVED, by ,the City Council of the City of Lake Elmo, as follows, to -wit:'' 1. The application of Steve,..Pott and Jed Weier for a large lot subdivision of the above -described parcels, be, and the same hereby is granted,'sUbject to the following conditions: A. The applicants shall pay a park dedication fee of of $175.00. B. The applicants shall clarify for the City, a precise "location of the right of way for C.S.A.H. 17, which abutter the above -described parcels. ( C. The appl.icants.shall thereafter issue a deed to the City to dedicate the required right of way for 43rd Street, which abutts the above -described parcels. 2. The City,as part of the approval for this large lot subdivision, hereby also grants to the applicants a variance from the City requirement for the submission of a topographic map of the above --described parcels showing two -foot contour lines.. The City also grants to the applicants a variance from the City .requirement for submitting percolation tests or soil boarings to determine the suitability of an on -sight sewage disposal system. These variances were granted because the Council determined the contours were not needed in this case, and that the soil suitability for an on -sight sewage disposal system would be determinedwhen a building permit is applied for, for .one of the above -described parcels. Adopted by the City Council of the City of Lake Elmo, this 4th day of October, 1983. Maynard Eder, Mayor ATTEST: Patrick Klaers, City.Administrator -2- R-83-62 ORA RESOLUTION CITY OF LAKE ELMO - WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR TEAL PASS ESTATES. WHEREAS, the City Council of the City of Lake Elmo has previously considered and approved the preliminary plat of Teal Pass Estates; and WIiEREAS, the applicants have now presented to the City a final plat which conforms to the approved preliminary plat and meets with the requirements of the City Subdivision Ordinance; a NOW, THEREFORE, HE IT RESOLVED, that the City Council does hereby approve and accept the final plat of Teal Pass Estates, as is on file with the City Clerk, subject to the following condition: 1st 1. The applicants shall enter into a Development Agreement as required by the City Subdivision Ordinance, providing for the construction of all streets and related improve- ments to City standards. The developers performance of said Development Agreement shall be secured by security bond, cash deposit, or letter of credit in a form approved by the City Attorney, or such other security as may be hereafter approved by the City Council. The amount of said bond shall be determined by the City Engineer in accordance with the provisions of the Subdivision Ordinance. Adopted by the City Council of the City of Lake Elmo this day of November , 1.983. ATTEST: Patrick D. Klaers, City _ Administrator Maynard7�,Z Eder, Mayor