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HomeMy WebLinkAbout03-15-77 CCMAGENDA --CITY COUNCIL CITY OF LAKE ELMO, MINN. 55042 MEETING TO BE HELD TUESDAY, MARCH 15, 1977. 5:00 P.M. -- Meeting convenes at City Hall Hearing --Petition for. Vacation of Streets in Bergmann Addition 5:15 P.M. -- Jess Mottaz--79R2 Hill Trail No. Application for SUP for location of mobile home in Bergmann Addition 5:30 P.M. -- Lake Elmo -Oakdale diseased tree site 5:45 P.M. -- Items for Discussion I-94 report from City Attorney Lake Flmo Boat Landina Council Assignments Audit Review Vali-Ni Drive-in Special Use Permit Snow Plowina Policy 'demo from [•Nash. Cty. Office of. Administration re: Solicitation of Project Applications Initial negotiation with County on Landfill property. -- Report from D. Morgan 6:30 - 7:30 P.M. -- Dinner Hour --White Hat Restaurant 7:30 P.M. -•- Meeting reconvenes at Cimarron Discussion period for Council Members 7:45 P.M. -- Approval of Minutes Correspondence 8:00 P.M. -- I-94 8:45 P.M. -- Frank Leier--8490 Demontrevi.11e Trail Approval of Preliminary Plat (Country Hills). 9:15 P.M. -- Systems Statement Subdivision Ordinance MINUTES OP LADE ELMO CITY COUNCIL MEETING,, MAR.CI? 15, 1977. Meeting called to order at 5:OR p.m. by Mayor Armstronq. Present: Mayor Armstrong, Councilwoman Lyons, Councilmen Shervheim, Pott and Morgan. Also present: Counsel Raleigh (5:08-6:30), Bldg. Insp. Mueller (10:20-11:05) Bergmann Vacation of Streets: motion by Councilman 'hervheim 2nd. by Mayor Armstrona directing counsel to prepare a resolution to approve the vacation of. Alice Lane, Violet Lane and that portion of Lucille Lane lying between the south boundary of Lot 6, Block 2 and the north hounclar.ies of the west 78.4 feet of Lot 1.4, Lot 13 anti the Fast 81.7 feet of Lot 12, Block 1, Bergmann Addition subject to the petitioners paying all costs incurred. Carried 5-0. Council Assignments: Refer to 1976 assignment chart. All assianments will remain the same except Councilman Shervheim will be assuming responsibility for City Development & Inspections, be council representative to PZC and supervise inspectors, including building, gas, wells and septic -systems. Councilman Morgan will assume resnonsiblity for Parks and Open Space plus Insurance and would be council representa- tive on Park & Advisory Committee and Insurance Committee and would also be responsible for anv Par!- r".aintenance Employees. Jess Mottaz--SUP Application for a mobile home in Bergman Addition. Mr. Mottaz plans to build a home approx. 400 from the site where he is reauestina permission to move in, on a temporary (lyear) basis, a mobile home. He has sold his home and. must move out by May 4, 1977. Designer is worl-ina on plans and feels it may be July before construction starts and figures on being in new home by October or. November.. Counsel advised that this could not he processed as a SUP. There are at least two possibilities. One would he to amend the ordinance and a second an agreement between_ the property owner and the city establishing time period, date of removal, financial guarantee and a statement authorizing city to remove at owners expense. "lr. Mottaz indicated he would supply a bond. Counsel stated that if term was over a year he would favor amenclina code if less the second alternative would be satisfactorv. Other comments included concern on a separate well and septic system for a temporary installation by Councilwoman Lyons. Question raised if a plan had been submitted. Reply was a sketch had been shown to bldg. insp. and he seemed satisfied but no final plan available. Brian Cr_ombie, member of PZC and resident in the area voiced objection and stated that there is an ordinance that prohibits this tvpe of activity. Motion by Mayor Armstrong 2nd by Councilman Shervheim to refer matter back to PZC requesting that thev consider this amendment to ordinance. Counsel_ to prena.re a recommended amendment and distribute copies to council and pzc. Carried 5-0. Minutes of Lake Elmo City Council Meeting, March 15, 1977--paae 2 Diseased tree Site --to be rescheduled for next meeting. L.E. Boat Landing --Park Advisory Committee recommendation that first priority was a swimming beach and boat landina was down graded. PAC stated that they were against a landing in the S.F. corner of Lake Flmo. Bob Peterson explained reasons that the S.F. corner location was not recommended for recreational use. A meeting may he scheduled includ- ing all interested committees. Audit: Counsel advised council that previous recommendation was in error and as long as Lake Flmo retained a clerV-treasurer office an audit is required.. If we revert to a separate clerk & treasurer office we could avoid an annual audit. Clerk investigate and report hack. Motion by Councilman Morgan 2nd by mayor Ar_mstr.ona to approve contract between City and Delahnnt-Voto for. a 1976 audit. Carried 4-0. Councilman Shervheim absent. Vali Hi -SUP-- Time for renewal of SUP for operation of a drive-in theatre. Some question as to the performance of the septic system. Any approval will stipulate that the system must meet the inspection of our local inspector. SnowPlowing Policy: Motion by Councilman Pott 2nd by Mayor Armstrong to adopt the proposed City Snow -Plowing Policy dated March 7, 1977. Carried 4-0. Sealcoating--Requested. Permission to tell county we are interested in their proposal for cooperative work on sealcoatina for 1977. Proposed streets to be sealcoated are Jamaca, Jamaca Court, 20th. St. Court, Janero, bake Jane Court, .lane Road No. 31st. ST. No., TaW yn Park and possibly Schwartz-Martinco cul-de-sac. Cost would be held within the budgeted s10,00o. Meeting recessed at 6:32 P.M. Meeting reconvened at 7:35 P.M. (at Cimarron) Cimarron Carports: Question was raised as to action taken by Cimarron Homeowners Association relative to submitti.nq plans for an approved design. After some discussion it was determined that action had not been started. MO -- to advise: bldg. insr. to pursue this with r. F. Ass'n. Cimarron Newsletter: Councilwoman Lyons asked the aroun from Cimarron if it is possible for the council to get a copy. They agreed to supply if they pot a list of names and addresses of council members. Fire Department Monitors: Councilman Pott advised that because of the increase in number of members on the Fire Dent. our supply of monitors is inadequate. "e are in need of 5 monitors. Approximate cost would he 0200. per unit. Mot -inn by Mayor Armstrong 2nd by Councilman "organ to Minutes of the Lake Flmo City Council Meetina, march 15, 1977--xnaae 3 Fire Dept. Monitors contd.: approve purchase of 5 new monitors. Carried 4-0. Councilman Shervheim not available at time of vote. L.F. Landfill: Councilman P4organ has discussed with Fncrineer Swanson and County Commissioner Schaefer acquisition of the Landfill. Assessed evaluation is 1�2,000./acr_e -"or the unfilled area (80 acres) and S120n,/acre (30 acres) for the filled area. Total land value �196,000. -he blda. and well are assessed at 530,000. Total value 52.26,000. City has right of first refusal. Will sell to city on lona term (10 or. 20 years) no interest basis. Cost to city $75,000. Park Committee recommends nurchase. Counsel instructed to write up a proposed contract for the council to consider at next meetina. Councilman Shervheim arrived 7:d7 P.r% Sunfish Lake --Mr. Collopy and Mr. Beaubien requested signs at the entrance driveway to their property to discouraae park users from trespassing. Motion by Mayor Armstronq 2nd by Councilwonan Lyons authorizing the purchase and installation of private property sicTns at the entrance to the Collopy & Beaubien property. Carried 5-0. County Tour Brochures: Letter from county advisinq that tour books of county sites available. Quantities available on request. Clerk instructed to order 30 copies of each. Minute Approval: Minutes should he corrected to show attendance by Councilman Pott at meetina. Page 3--L.F. Sewerina 15th. line, change work intern to interim. Motion by Councilman Morqan 2nd by mayor Armstrong to approve minutes as amended. Carried 5-0. I-94-- Mayor briefly reported on the comments of counsel relative to position of City of. Lake FlTno. Althoucih he felt we had qrounds to challenge decision in favor of the Southern route he expressed doubt that we secure a reversal of decision. If a lawsuit were initiated city would have to underwrite a cost of 55--15,000. (estimate). If it was a joint suit this could be a split expense but no firm decision has been reneived from the other affected units of government. Letter from I-94 Truth Association submitted and read into the records. Letter from Gonyea Counsel stating their position submitted and read into the records. Tom Loucks --advised he had read the EIS and as planner felt that Northern Route should have been the ultimate decision. Has no written analysis. He pointed out that the proposal for service roads in the plan is in conflict with Metro Council policy and if this plan is accepted we will not see service roads bevond Cty. Hwy. 19 because the property is considered rural. Minutes of the Lake ElmoCity Council Meeting, March 15, 1977--page 4 1-94 cont'd. -- Bruce Folz felt there was a federal requirement that no one, including the state, is allowed to isolate property. They are required to supnly ingress and egress to all property. He also felt that city should take a very positive stand on the frontage rds. If they are to carry the heavy traffic they will be quality roads.What will he the fate of these roads when I-94 is completed. The City should take a positive stand on their ultimate decision on these roads. Enaineer's report on I-104 plan read and entered into records since engineer was on vacation, Motion by Councilman Shervheim 2nd by Councilman Pott for counsel to prepare a resolution expressing the concerns of engineer and planner and any other concerns that the city council has expressed. Resolution should express concern for inconsistancies in PIS. Carried. 5-0. Counsel to he asked. to have resolution distributed to council by 3/19/77. Report to he pre- sented at EnC hearing on March 21, 1977. Durow expressed concern over problems that they are faced with reaard.inq tak_inq ofpr_omerty for new road. The Highway Dept. should be approached and invited to attend council meetina at R:00 p.m. on April 5, 1977. Members of pzc should he inviterl to meetina. Question i,7as raised by Bruce Folz regardina the cities position on hike trails in conjunction with I—qd. Motion by Councilman Moraan 2nd by Council<<anman Lvons that this be .referred to Park Advisory Committee fo.r Studv. Carried 5-0. Motion by Councilman Shervheim 2nd. by Councilwoman Lyons that engineer and planner attend For hearing representina Lake Elmo. Carried 5-n. Motion by Councilman "1organ_ 2nd by Councilman Shervheim to get Pzc involved in problem and make a recommendation of action required.. Carried 5-0. Frank Leier--8490 Demontrevi.11e Trail--Anproval of Preliminary plat (Country Hills) 45 acre tract N. of LakeJane: Part of property is zoned agricultural r-equirina minimum 5 acre lots. Requestina that council consider rezoning to permit 1 acre lots. Letters from John & virginia Schneider and Mrs. Helen miller opnosi_nq rezonina read and entered into the records. Citizens expressed concern over increase of traffid flow over Jane Road. LTnOer_ current road plans there is no place for traffic to uo on Jane Road "Minutes of the Lake Elmo City Council. Meeting, March 15, 1977--T)aQe 5 Frank Leier cont'd.--Rezoned area would include 14-one acre lots. Bruce Polz advised that the area for roadway north is very steep and does not lend itself to the traffic release for this area. The probable road wnuld be to the east through Kleis property. Controversy arose regarding access road on the west side of property. Motion by ^Mayor ArmstrongT 2nd by Councilman Morgan for denial of rezoning from agricultural low density (5 acre lots) to SPU ( 1 acre lots). Decision based on potential se7.•7er .reguir_ement in an area where no sewer is planned. Metro Council_ indicates that one acre lots will rectuire sewer. Secondly based on insufficient iraress and egress. In favor Armstrong, Morgan & Pott. A.aainst Shervheim and Lyons. Motion. carried 3-2. Claims: 'Motion by Mayor Armstrong 2nd by Councilman r"oraan to approve payment of claims 77145 thru 77365 except to exclude $516.30 from the Peh.ruary claim of Midwest Planning. This i_tern will be reviewed at a later date. Carried 5-0. Trails: Letter. from T1a.shinaton County Planning Dent. relative to recreational trails in TOashinaton County. Motion by Councilman Morcxan 2nd by rMavor A.rmstrona to refer to Park Advisory Committee. Carried 5-0. Legal retainer: Motion by Councilman Shervheim 2nd. by Councilwoman Lyons to approve increase in legal counsel retainer from $350.00 to fi450.00 retroactive to January_ 1, 1977. Carried 4-0. Mayor Armstrong abstained. Council wanted more time to review the systems statement and the sub -division ordinance. Adjournment: Meetina adjourned at 11:05 p.m.