HomeMy WebLinkAbout05-04-71 CCMPILLAGE OF LAKE ELMO
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LAKE ELMO, MINNESOTA 55042
Agenda. for Village Council Meeting
Meeting to
be held on Tuesday, May 4, 1971
7:30 p.m. -=
Meeting Called to Order, Minut-s and Corresoondence.
8:00 D-.m. --
Don Conlin— 4005 LAke Jane Rd.
Tax abatement -
8:00 .m.--
Harold Iverson--592 S. Jessamine_- St., ''a-1, Miry.
Variance on lof
8:30 p.m. --
Tan 9ackstrom -- Cimarron
Carl Herman, Dan Terbst, •wid Bill B>>rns from Gemtom.
Beer License and other items concerning Cimarron
9:00 p.m. --
John Harmer -- 2575 S'-ore Drive_
Tax abatement
/
ITFFS FOR DISCUSSION
i;Iinutes of the meeting of the Lake Elmo Village Council Hay 4, 19 71
Meeting called to order at 7:35PM by I':'Iayor Brookman.
Present:Trookman,Friedrichg�-letson,Shervh.eim,Park & 1,1ehsikomer.
Absent:Abercronibie.
Clerk advised the Council to insert claim number 173 as the last number
approved for payment at the last meeting. I.Iotion by Councilman Watson
2nd by C.Shervheim to approve the minutes of the April 2091971 meeting
after the above insertion. Carried 4-0. C.Abercrombie absent.
Letter from Jane Arneson requesting the
her special use permit to permit her to
keepher establisment operating when she
2nd by C.Friedrich to _permit the hiring
beauty shop �rrhile Iirs. Arneson in array.
relay the information to Mrs. Arneson.
council to issue a variance to:
hire a beautician so that she can
is on vacation. l;loti.on by C.Watson
of additional help to operatethe
Carried 4-0. Clerk instructed to
Clerk advised that he had received an audited report of the financial
status of the NONE Interceptor Sewer Program. C. Watson a.dvi.s�d that the
Village of Lake Elmo would r$ceive an additional $2013.49 in the next
couple of weeks as part of the HUD contribution.
Mr. Don Conlin 4005 Lake Jane Road expressed the opinion that the new
homes in the Village of Take Elmo were being assessed at a different rate
than older homes and that it was penalizing new residents in the Village.
Mr. Conlin asked what he should do about his tax situation since he had
sent a note to the Village assessor for consideration of adjuxstment. The
Mayor advised him that he should go ahead and pay his first half taxes
which are due inlay 31, 1971 but to pay it under protest.
Richard Johnson asked why the Village did not pass a resolution endorsing
the PCA ruling on burning. C.Shervheim explained that the ruling was in
effect regardless of whether or not the Village had passed a resolution.
It was further pointed out the the PCA has been giming variations that
are not in line with the original ruling and where they had given permits
for burning in I'Voodbury but had refused the Village of Lake Elmo on a
similar type request. The Council is still working on this situation.
1Ir. and Firs. Harold Iverson appeared to determine if the Village Council
had made a ruling regarding issuing a. building permit for lot 21 of Bersch-
en Shores Addition. Clerk read the minutes of the Planning Commission
meeting of April 13, 1971 in which they recommended to the Council that the
request for a building -permit be denied. This was carried by the PC 7-0.
(question wau raised regarding consideration of the Village vacating the
property covered by easement turned over to the Village by the Berschens.
Counsel Raleigh advised that if the Village did dispose of the property
that they should charge at least enough to cover the assessmnet against
the property for the road improvement. T;Taynard Eder advised that the
reason that this property was deeded to the Town of East Oakdale was to
provide accecc to lots in the la.keshore area. Mr. Eder felt that the issue
of vacation and the issuance of a building permit were two weparate issues
and each should be resolved independently of each other. It was reported
that Lake Jane is a meandered lake at the 920ft elevation. The ordinary
high water mark for Lake Jane not established. Letter from Gene Hollenstein
Chief Hydrologist of the State of Minnesota read to the council. Copy attach.
Page 2
Minutes of the meeting of the Lake Elmo Village Council May 4, 1971
According to the Iversons the letter was examined by the Attorney Generals
office and approved before it was released to the4i.
Iverson stated that at -the time that lots 21& 22 were available neither
.lot was considered buildable; however lot 22 was issued a building permit
on a variance so question is why not lot 21.
Motion by.C. Shervheim 2nd by C.Friedrich to table the matter. Carried 4-0.
Recommendation that the matter be turned back to the Planning Commission
with instructions to research the Berschens Easement regarding the possible
vacation of the property.
Mayor reported that Lake Jane Hills Development had withdrawn the original
plan .for I acre lots and were reworking the plan and would be r.ewubmitting
at a later date.
Richard Johnson asked if a, new plat required a hearing. He was informed
'that a hearing was required and notice of said hearing would have to be
published in the Village legal publication the Stillwater Daily Gazette
at least 10 days prior to the hearing. A mailing to all the residents
in the area is not required.
Mr. Carl Hermaan, Mr. Dan Herbst, Mr Bill Burns and Mr. Tom Backstrom all
.representi:ng Pemton (Cimarron) were on hand to discuss problems of mutual
interest. #1 Cimarron deposited. with the Village Clerk a Check in the
amount of $3,980.00 to cover the permit fee as required by Section 6 of
Fast Oakdale Ordinance #32. The Village has been paid .for the :First 107
units leaving 398 units at $10.00 each. #2.A second check in the
amount of $2,000.00 was deposited. to cover the gas inspections on the
first 200 units. it was pointed ou t that the Village Gas Inspector had
suffered a heart attack and that the inspections had not been completed
but that it would be taken care of. 3-It was pointed out that a fee
of $&7.50 per inspection was. set; forth in said Ordinance #32 to cover the
inspection and hook—up of each unit and thin amount of fees to cover the.
entire park would be 33,787.50. 4. Building permits are still to
be made out for the Park Maintainance Building, the Golf Course Maintain.
ance Building, and the storeage buildings and fences. Pemtom agreed to
obtain the pxztm permits and would send the fees to the clerk.
5. It was pointed out that an annual inspection fee for each mobile home:
park is requited by Section 19 of said Ordinance #32. This fee is $25.00
plus $.25 for each unit installed as of January 1. Thus the fee for
Cimarron would be $G25.00 plus $.25 for each unit over 100. 6. Cimarron
asked the status of the 3.2 License that they had applied for. They were
informed that an Ordinance covering this matter was in the works and that
they would be informed as soon as it has been processed.
Carl Herman expredsed the opinion that the $10.00 inspedition fee was to
have been complete and cover everything (gas, plumbing, building and
park). Reference was made -to a letter from the clerk dated June 27, 1970.
It was pointed out that the letter covered three different inspections
not one as `they had interpreted it. To clarify the situation the minutes
of the Council meeting of June 2, 1970 were read and x discussed.
Mr. Burns agreed. that he would submit to the clerk a listing of the units
installed and would report monthly on the activity that had taken place.
The Council agreed that a monthly statement of fees due would be mailed
to Pemtom. Pemtom said that a letter establishing the bond for the cur—
rent development of Cimarron Park was awainting only approval from the
engineer and the Council. Council advised that this matter would be taken
up at the next Council Meeting on May 189 1971.
Page 3.
Minutes of the meeting of -the Lake Elmo Village Council May 4, 1971
John Hanner reported that he had been pursuing the Village Assessment
with the Washingtin County Assessot. He claims that he was .informed that
the Village of Lake Elmo was the only governmental body that had done a
complete land: reassessment and that it resulted in higher tames proport-A
ionally than the rest of the county. The other governments had taken a
blanket 10 to 20% increase. Mr. Hann.er wished that the coundil. world make
an effort to check this out.
Robert Horglund requested that he be permitt4d to install a Wausau home.
The Wausau agent would be Viebrock Construction Box 187 Osceola, Wis.54020
Phone 715 294 2188.
Motion by C.Shervheim. 2nd by C.Watson that a permit be granted but that
the contractor had to furnisn a 5 year bond for $5,000.00. It would also
require that the building inspector be on hand at the time of the assembly.
Motion carried 4-0. Clerk advised to notify the contractor.
Motion by C.Shervheim 2nd by C.Watson that Claims 174 thru 201 be approved.
for payment. Motion carried 4-0.
Mayor Brockman diredted.that a committee of Watson,.Shervheim and Aber-
crombie chaired by 0. Watson come up with a recommendation for the sol-
ution of the Iverson land use problem and present it to the Council at
the June 1, 1971 meeting.
Minutes of the Planning Commission of April 13, 1971 covered a request
from Robert Gibson to store a mobile camping trailer on property in the;
Village. Commission, by a vote of 7-0 recommended that permit be refused.
Motion by C. Watson 2nd by 0. Shervheim that the recommendation of the
Panning Commission be accepted and request be denied. Carried 4-0.
Question raised regarding approval for a four car garage on the Carlson
property on Washington County Rd.15 and McNeely Road. Clerk was to check
the building permit and see if a garage was included and the size that
was listed. If the garage is not included or if the size is not as re-
quested advise the Village Attorney whis is to write a letter asking
that they appear before the Council..
Planning Commstion asked the question about the control of the HP' rating
of outboard motors on lakes within the Village Boundaries. Don Raleigh
thought that this is a, regulation that comes under the Conservation Dept.
of the State of Minnesota but he would check and confirm.
Beresford waste problem was resolved in court with the order that the
individual had 90 days in which to put a drainage systemx that meets with
the approval of the Village Engineer.
The matter of the Panasow improvement ordered by the court boils down to
the fact that the work. be accomplished by June 5,1971 or the Village will
order the work done and cover the cost with the check on file as a guar-
antee that work.be completed to the Engineers satisfaction..
Councilman Watson moved and 2nd by C. Shervheim that the report on
SANITARY KXZZX II SEWER SYSTEM DEVELOPMENT PLAN FOR LAKE EI,MO, MINNESOTA
as submitted by Bonestroo Engineering be: approved. Carried 4-0.
Copies of the report were authorized. for Woodbury and Oakdale. A resolution
should be prepared and the report submitted taJak the Metro Sewer Bogrd.
Still no Council action to be -taken regarding the Oakdale - Lake Elmo
boundary dispute. This matter may be resolved in the state legislature;,.
Minutes of the Lake Elmo Village Council Meeting May 4, 1971 Page 4.
Motion by C'.Watson 2nd by C. Shervheim that the clerk write a letter to
Minnesota House Members Albertson and O'dea and to Senate member Brown
stating that we unanimously disapproved of. Mouse file :R2±* 24.30 S.F.2214,
which makes several_.provisions regarding review of planning and zoning
proposals to the county planning advisory committee for review and
recommendations and makes other provisions. .Carried 4-0.
Clean-up Saturday again scheduled for May 15a 1971 grom 8:00 to12a00Noon.
Tires will be accepted but at a fee of 30 cents each.Thompson willfx be
available at his home until 9:OOAM if we need him.
Tom Keller Jr. gave a verbal complaint on behalf of his father the Ray
Anderson is vio"lati.ng the Zoning Ordinance. Iie asked thq) Council what
action they plan to take. Mayor Brockman moved that we check this
matter out and if necessary issue a, warrant and take th, matter to court.
2nd by C.Shervheim. Carried 4-0. Village Police to be appraised of the
situation and take necessary action.
Bleechers have been ordred for -the bal'l.field and foundations will be
liad as soon as possible so that installation can be made on arrival.
Whitaker Buick has asked that thOy be permitted to use the athletic field
as a home team in the fast pitchlea,gue when Twin Point is away. Motion
by C. Shervheim 2nd by C.Fri.edrich to approve. Carried 4--0. Fee $12.50
per game.
David Morgan & S'wanstrom are co-chairman of the gravel pit park. Bids are
to be obtaine-a on phase 1 for a ballfield.
BidsaTwere received from 2 suppliers of gravel from Carl Olinger & son
and from T A Schifsky. Motion by C.Watson 2nd by C. Shervheim that the
award be made to Carl Olinger & Sans. Prices for 05 gravel loaded &
hauled 0 $1.50/ton and pit run at $1.20 per ton.. Prices for gravel.
picked ups by Village Truck are d5 @$.90 and pit run 0.65. Car. 4--0.
Map covering the new Highway 94 was turned over to the Village Engineer
with instruot.ions to review and report back to the Council so action can
be taken on the resolution requested by the Highway Dept. State of Minn.
Next meeting May 18, 1971 the Council will assemble at the Village Hall.
and will tour the Village Streets to determine the extent of the 1971.
road program. Counailma,n Friedrich will make preliminary tour to eliminate
covering unnecessary roads. Clerk instructed not to set up; anyone on the
next agenda so that old mattOrs may be cleared up;.
County grader has been authorized to do necessary roadwork while the
UllagO grader is being repaired.
Motion by C..Shervheim 2nd by C.Friedrich to adjourn at 112352M.
Motion carried 4-0.
( Respectfully submitted
Donald Mehsikomer
Village Clerk
Lake Elmo,, Minnesota