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HomeMy WebLinkAbout12-16-75 CCMAGENDA --CITY COUNCIL CITY OF LAKE ELMO, MINN. 55042 MEETING TO BE HELD TUESDAY, DECEMBER 16, 1975. 5:00 P.M.-- Meeting convenes. Items for discussion: Correspondence and payment of claims. Temporary extension of Planners Contract(30days) PZC appointments: M. Eder recommendation --Donald Moris as a new member. Interim Flood Plan status report. Discussion of Legion pond problem. Lawcon Fund application. 6:30 - 7:30 P.M.-- Dinner Hour-- Ben's Elmo Inn 7:30 P.M.-- Meeting reconvenes Reserved for Council Members 7:45 P.M.-- Schwartz-Martinco Plat 8:15 P.M.-- Roy Brogren and additional residents from Tri-Lakes Area. ' Concern of high water in the Tr.i-Lakes Area. 8:45 P.M.-- Ken Sovereign ---Chairman, Home Rule Charter Commission Present draft form of Charter Lake Elmo Council to host Regional Meeting of local officials and Metro Council on Monday, December 15, 1975 at 7:30 P.M., at the Oakland Jr. High School. MEETING OF LAKE ELMO CITY COUNCIL, DECEMBER 16, 1975. Meeting called to order at 5:06 pm by Mayor Eder. Present: Mayor Eder, Councilmen Abercrombie, Shervheim and Pott and Councilwoman Lyons. Also present: Bldg. Insp. Mueller 5:50 pm, Counsel Raleigh and Engineer Bonestroo 7:30 pm. Tri-Lakes -- Letter rec'd from Wil Hirsch, Secretary of Tri-Lakes Improvement Ass'n. re concern of Ass'n. because of lake level. Counsel instructed to prepare letter of reply advising status of interim flood control plan. Chas. G. Tewinkel: Letter regarding concern over possibility of Lake Jane Trail being used for traffic to and from 3M proposed development. Clerk instructed to acknowledge letter and advise that City of Lake Elmo shares this concern and will do everything possible toprevent it. Planner: Motion by Councilman Shervheim 2nd by Councilwoman Lyons to extend the current Planning Assistance contract with Midwest Planning for 90 days (thru March 31, 1976). Carried 5-0. Comprehensive Plan: Bearing on plan schedule for January 6, 1976 at 8:00 pm at Oakland Junior Bigh School Auditorium. Flood Insurance Meeting scheduled for Wednesday, January 7, 1976 at Lake Elmo Elementary School at 7:30 P.M. Lowell Reiks: Mr. Reiks appeared to explain some of the details relative to his building permit for a pole barn. He felt that assessment of dbl. oharges for not picking up :permit was unreal. Building Insp. Mueller and Counsel advised details from their point of view. Double fee resulted in total fee of $64.50. Motion by Councilman Shervheim 2nd by Councilman Pott to reduce total fee from $64.50 to $50.50. Carried 5-0. Council recess 6:30 reconvened at 7:36 pm. Pebble Park: The pump is in:but electrical service has not been installed. It will be installed free of charge if we wait until after the frost is out of the ground. If we insist on immediate installation we're stuck for $1500 for digging because of the frost. Council agreed to hold off until spring unless we can come up with a yet unknown benefactor. Minutes: Motion by Councilman Abercrombie 2nd by Councilman Pott to approve minutes of December 2, 1975 meeting as submitted. Carried 5-0. Claims: Motion by Councilman Abercrombie 2nd by Councilwoman Lyons to approve payment of claims 75735 thru 75758. Meeting of Lake Elmo City Council, December 16, 1975 page 2 Schwartz-Martinco: Brad Lemberg, Bonestroo & Assoc., met with Tom Schwartz and reviewed the status ofroad� and drainage improvements on the Schwartz-Martinco Plat. (See letter of December 16, 1975 for specifics). The drainage will be corrected and the road resurfaced when conditions permit. Motion by Councilman Abercrombie 2nd by Councilman Shervheim to reduce the bond based on recommendationrn. from Engineer Bonestroo from $3,500 to $500. Carried 5-0. Special Use Permits: Motion by Councilman Pott 2nd by Councilman Shervheim to renew the following SUP for 1976 (See file for specific accounts) 0002, 0009, 0010, 0011, 0013, 00017, 1017, 1025, 1023-4, 1029, 1034, 1041, 1050, 1052, 1054, 1055, 1067, 1073, 1076, 1077,1085, 1090, 1100 & 1101. Carried 5-0. Cimarron:3.2 license: Motion by Councilman Abercrombie 2nd by Councilwoman Lyons to renew the 3.2 license for Cimarron for. 1976. Carried 5-0. I-94: Councilman Shervheim offered Resolution R75-40 restating Lake Elmo's position on the location of I-94 on the northerly site and asked for council con- currence. 2nd by Councilman Abercrombie. Carried 5-0. Comprehensive Plan: Copies of final. draft of comprehensive plan have been received from planner. Mayor and clerk to prepare letter for distribution to adjacent communities with a copy of plan. Copies will also be sent to the 3 school districts and the 2 watersheds in Lake Elmo. Motion by Councilman Abercrombie 2nd by Councilwoman Lyons that copies be made available to outside interested parties at $5.00. Carried 5-0. Tri-Lakes Flooding: Chuck Taylor spoke for residents of the Lake Jane area regarding their concern of the high water. They wanted to know if Lake Elmo was doing all possible to prevent any problems in the spring of 1976. Counsel Raleigh explained status of flood plan. Engineer ad- vised that normally between freeze up and spring the water drops 12-18 inches. He also advised that we are in a better position to get equipment and should be able to get it and have it operating in 1 1/2 to 2 days. Councilman Shervheim offered Resolution R75-41 second by Councilwoman Lyons authorizing counsel to negotiate for water holding areas adjacent to the Tri-Lakes Area. Carried 5-0. Charter Commission: Ken Sovereign and George Hedges, representing the Charter Commission, appeared before council and submitted a draft of the proposed charter for Lake Elmo. They reviewed the draft and asked for comments. A copy of the draft has been supplied to the Municipal Commission for review and comment. Meeting of Lake Elmo City Council, December 16, 1975 page 3 Charter Commission cont'd: After the first of the year the Commission will hold informational meetings to explain the pro- posed charter and get public reaction before making a decision on whether or not to present charter to the voters. PZC: Motion by Councilman Shervheim 2nd by Councilman Abercrombie reappointing Mrs.Jan Sovereign and Mr.. Robert Dreher to new three year terms on the Lake Elmo Planning Commission. Carried 5-0. Councilman Putt presented Resolution R75-42 second by Councilman Abercrombie expressing appreciation to retiring PZC member Todd Williams for the time and effort he has put forth. Approved unanimously. Councilwoman Lyons presented Resolution R75-43 second by Councilman Shervheim expressing appreciation to retiring PZC member Eugene Froehne.r for the time and effort he has put forth. Approved unanimously. There are two vacancies on the PZC yet to be filled. Council will attempt to get names of persons interested and will personally interview before making the appoint- ment. Motion by Mayor Eder 2nd by Councilman Pott that Councilwoman Lyons and Councilman Abercrombie be ex-off.icio members of. the PZC until appointments have been made. Carried 5-0. Dog Licenses --•due by January 1, 1976, available at City Office. Adjournment: Motion by Councilman Shervheim 2nd by Councilman Pott to adjourn at 11:05 pm. Carried 5-0. Donald Mehsikomer City Clerk CITY OF LAKE ELMO PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING OF MARCH 9, 1976 Meeting called to order at 7:45 p.m. by Chairman Grace PRESFNT: Koval-., Grace, Crombie, Lundquist. Dreher, 8:15 p.m., Johnson, 9:30 p.m. HIGHWAY: Jim Mayeda of the Highway Department spoke to the PZC on the Hiqhway Sign Program. Presently there are 47 permitted signs on highway 12, 212 and 36. TF 12 & 212 were recently designated Urban Y.ighways. Consequentiv, there are no state funds for Aign removal. There are to be no signs on rural and agriculture land. Altho the state may grant a permit it may he denied at the local level. Presently, in Lake Fl.mo, there are 13 signs on agriculture land on TH 36. If there is no permit issued by the village these signs are considered to be in violation. HAASE: According to the City Zoning Map the F'aase Property lies half in, to the west, and half out, to the east, of the General Business Zone. Mr. Haase would like to see the remainder of the property zoned General Business. There being no quorum the PZC took the matter udder advisment and will contact him at a later date. Don Raleigh advised, in his letter to PZC, the property he zonerl as one tract since its a small parcel. ARLIN CHRIST:Mr. Christ, represented_ by Jack Kinnev, Taicker Tnc., re- 8839-36th. questing to have his 1 acre lot split into two lots. Present zoning does not permit such a split. COUNCIL vs. PZC-Ebertz Rezoning: Don Raleigh outlined the reason4 the council granted re- 7oninq of the Fbertz land. Tt was felt, by the Council there were 3 alternatives: 1. grant the rezoning_; 2. denv the rezoning; 3. return the issue to the PZC. It was felt there was no reason to deny the rezoninn since the planner concurred and the land lay in the nroner zone. The P"C's reasons to deny spoke for specific use of land, not rezoning_. It was felt the snecif.ic use can he handled at the time the applicant comes in for plat approval. Lundquist felt applicant didn't ask for commercial rezoning as referred to in Attorney Lammers Memorandum to the n"C and the General Business zoning was quite broad. Comments on the matter were: Before such matters were handled by a Special Use Permit, but are now covered by rezoning. Mix use should be more specific and define standards. Write a special ordinance in form of Sre(-ial Use Permit for all business that goes in on 12. Expand the list of special uses. It was felt some of the use in General Business were un- allTES OF PLANNING -ZONING COMMISSION, MARCH 9, 1976 -- page 2 FBFRTZ REZONING cont'd: desirable and should be removed from the .list and included .in the special use area. Also define tyre of accentahl.e warehouses. Raleigh --There are two levels of consideration in rezoning: 1. Any reason in our plan or ordinances for denial. 2. Ts ordinance or regulation reasonable. Mayor Eder suggested a meeting of a council rrPmher, a pzc member and the counselor to get together any? discuss anrlications that come in. If there are problems then call planner in. The Council did have concern about rezoninc the Rhertz Property. It was felt though all the reauirements were met and there were no strong reasons to deny the request. DEMONTREVILLE HIGHLANDS: Reference to the 1-30-76 letter of Barbara Senness, answers why the Council gave their preliminary approval. The Council stated it would be available for the PZC one evening a month. COMMUNICATIONS: Discussion of letter from the Park Advisory Committee. It was noted that Mr. Dave Morgans letter was in error. It should read the S.E. corner of the Lake .lane trills Plan. MIDhTEST PLANNING: Dave Licht suggested an ammendment to the Comprehensive Plan regarding the 3M plan. (trace stated such an ammendment has been proposed. MINUTES: Corrections to the Feb. 23 minutes: Number 6 of the denial of the Fbertz Property should read General Rusiness is not necessarily consistant with Mixed Use indicated on the proposed Comprehensive Plan. Number 4 should read not adequate fire protection. The motion made by Novak should read: The PZC requests City Council permission to work with the Planner for Developmental and Regulatory Ordinances. Lundquist moved the minutes he approved. Carried 6-0. Adjournment 10:55 p.m. Brian Cromhie, Secy. CITY OF LAKE ELMO PLANNING -ZONING COMMISSION MINUTES OF TFE MEETING OF MARCH 22, 1976. Meeting called to order at 7:45 p.m. PRESENT: Sovereign, Novak, Lundquist, Dreher, Cromhie, Armstrong 8:30, Grace 9:45 p.m. APPROVAL OF MINUTES: In clarification of the 3M ammendment to the Comprehensive Plan, reference to the PZC minutes of September 9, 1975 is to be made. Motion by Lundquist to approve minutes. Carried 6-0. DONNA FISH: Duplex at Countv 17 and Minnehaha. A request for information on what was necessary to put a duplex on said property. Tt is presently a 22 acre parcel. Presentiv a two family dwellina is allowed on a 2 acre lot. Any future development on the nroner_ty would recruire a special use permit or platting. Jim Hanson, Derrick Co: The request to have lots 233 thru 239 an(' lots 276 thru 278 checked out as to whether they are buildable is to be referred to the building inspector by Derrick. PLANNER: Discussion regarding obtaining a city planner for Lake Elmo as onposed to contracting with a plannina consultant firm, *net with much debate. This question will rec?uire further consideration as some decision in the near future will need to be made. Dave Licht -- Midwest Planning_: Mr. Licht did not attend the PZC meeting. HAASE PROPERTY: Novak moved that the General Business lone of the Haase Property be placed on the North and Fast property lines of his property; Plat No. 37032.-2300 & �350. geconded by Dreher. Carried 8-0. Lundquist moved the General Business category, as it presently exists, in our green zoning ordinance he changed as follows: 1. that all nermitted uses be chanced so that all usoS he by special use permit only. 2. all people oriented uses such as offices, apartments, retail shopping, etc. he removed from the permitted use list for General Business even with -a special use nermit. Seconded by Sovereign. Carried 8-n. ADJOURNMENT: Meeti.na adjourned at 10:20 P.m. Brian Crombie, Secy.