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HomeMy WebLinkAbout08-15-78 CCMAGENDA --CITY COUNCIL City of Lake Elmo, Minn. 55042 COUNCIL MEETING TO BE HELD TUESDAY, AUGUST 15, 1978. 5:00 P.M. -- Meeting convenes Agenda Approval Subdivision Ordinance Planning Commission Appointment 5:30 P.M. -- 294--Mr. Merritt Linzie---Mn/DOT 6:00 P.M. -- Industrial Bonds --Resolution and Guidelines 6:30 to 7:30 P.M. -- Dinner Hour-- Ben's Elmo Inn 7:30 P.M. -- Meeting reconvenes HEARING --Vacation Ridgaway Drive--Tablyn Park 7:45 P.M. -- Len Anderson--20th. St. Ct. No. Expired Building Permit John Henke-- Variance --J. Mueller, Bldg. Inspector 8:00 P.M. - Jim Schaefer --Variance Petition --Mack St. Vacation Foxfire Estates --Final Plat Approval i Parranto--Washington 37 Properties Derrick Land Co.--Demontreville Highlands--5th. Add. Wally McCarthy File 9:00 P.M. - Break Engineers Report: County Road #6 culvert Hardy Driveway --Ivy St.--T•ablyn Park, Ond. Add. Others Administrative Assistant: Budget Calendar --Capital Improvement Program Public Works Building Sinking Funds Building Inspector --(Code Enforcement) Administration Organization for 1979 Public Works DISCUSSION ITEMS: Extend Summer Youth at City expense. 1976 Flood Assessments Parking on Demantreville Trail and frill Trail No. (Deputy to attend --will be considered when Deputy is available). Lake Access C REMINDER OF MEETING: Joint meeting of City Council and Planning Commission, Monday, August 21, 1.978 at 7:30 p.m., with Tom Loucks,regarding the Zoning Ordinance. Minutes of the Lake Elmo City Council Meeting, August 15, 1978, Meeting called to order at 5:14 p.m by Mayor Armstrong, Present: Mayor Armstrong, Councilmen Morgan and Pott, Councilwoman Lyons, and Council- man Shervheim arrives shortly after the meeting began. Also Present: Administrative assistant Whittaker. Clerk Mehsikomer was absent. Agenda: Added Clerk's report. A motion was made by Councilman Pott 2nd. by Councilman Morgan to approve the agenda as amended. Motion carried 4-0. I-94 Frontage Roads: Merrit Linzie, District Engineer, Dist. 9, MN/DOT, appeared before the Council to discuss alternative ways of securing and financing frontage roads for I-94. Iie said MN/DOT: 1. Would only consider remote frontage roads from CSAH V to CSAH 19; 2. Needs approval from the Metro Council and the Federal Highway Admin- to change the frontage roads; ?. MN/DOT must have; a. Lake Elmo approval of remote frontage road plans b. A commitment to the outlined procedures; and, c. An agreement with the City to pay eypenses as outlined in the procedure. MN/DOT then will design the two routes (attached and remote) in the same detail - detailing construction and right-of-way limits: appraising con- struction and right-of-way costs for each; and, then determine the level of participation for MN/DOT and the City: MN/DOT cosh Actual cost (for construction and right-of-way) Es i.mated cost construction or Appraised cost (r-o-.w) The appraised cost of any donated right-of-way would be included in the actual cost of right-of-way. Lake Elmo would pay the balance of the dif. ferQrI,Qecbetween attached and remote frontage roads. If, by some chance, the right-of-way donations result in a net benefit to the City, that will just be used to offset the total cost of the entire project. No one - MN/DOT or the City can "make a profit" on the road. The Council discussed alternative ways to acquire the land, and instructed the administrative assistant to meet with Mr. Linzie to schedule for car- rying out the condemnation, assessment, and agreements for the next Council meeting. Mr. Joe Rogers Industrial Revenue Bonds: Mr, David G. Kluender of Juran & Moody and Mr. Andrew Ct Becher of Briggs and Morgan, explained the effect of adopting a resolution authorizing application for Industrial Revenue Binds to the Council. Councilman Pott requested a sketch plan of the proposed improve- ments and said he would like the policy resolution for future considerations. A motion was made by Councilman Shervheim 2nd by Councilman Morgan, that Resolution 78-26, a resolution authorizing preliminary application for In- dustrial Revenue Bonds for Mr, Joe Rogers (a copy of which is attached to and hereby made a part of these minutes), be adopted. After discussion, the motion was adopted unanimouslt+. Meeting reconvened at 7:q0 p.m, The regular meeting recessed for Public Hearing at 7;40 p m. Minutes of the Lake Elmo City Council Meeting, August 15, 1978 cont. Vacation Ridgeway Drive - Tablyn Park: Mr. Gary Carlson 8722 Ironwood Trail, Lake Elmo, Mr. James Kaufhold 8780 Ironwood Trail, Lake Elmo and Mr. Joe Chrulch 8690 Ironwood Trail, Lake Elmo, appeared before the Council with concerns of whether the easement would have to be maintained from the road pouth to the park, whether the easement might be for utilities, whether the easement would run thru Novak's property and whether, as a result of the easement,,the abstracts would have to be updated and who would pay the eypense of same. Council discussed the questions and. other matters concerning the easements. Counsel Raleigh said the plat is probably wrong, He said the platted street in Tablyn Park exists and if the City vacates a street and retains 10 foot easement, the 10 foot easement remains as the easement of the platted street and he does not think that would be changed unless there is a Court Order. The Council stressed that as far as the City is concerned, the total ease- ment is q0 feet. Mayor Armstrong stated that the easement would not be an infringement on the property rights, and would be enlarging the lots. Council instructed Administrator Whittaker to write Engineer Noyes inquiring whether the easement would be for utilities, that, considering the survey may be wrong, whether the easement would 10 feet f0cm lot line in Tablyn Park Second Addition and Tablyn Park First Addition; and should the easement be extended through Novak's property. Counsel Raleigh said that if the City decides to vacate the street, the City's easement should be a condition of the vacation He also suggested that htere has been a request to vacate a street, the City is considering that request, wants to consider 'what City will retain and that maybe a survey should be done, the cost of which should be borne by those who benefit from the vacation. Mayor Armstrong suggested that the neighbors meet to decide whether they want to have their property surveyed in order to determine the exact property Lines. The Council determined that before a decision is made on this issue, Engineer Noyes should make a recommendation to the Council upon his ascertaining the exact location of the easement. Council would like to get this matter on the agenda for the next regular meeting on September 5, 1978. Public Hearing closed at 8:00 p•m, Len Anderson - Eypired Building Permit: Pursuant to the Order of Judge Dablow who heard this case last Wednesday, Mr. Len Anderson appeared before the Council to re -apply for building permit. The Order stated the City could impose any testrictions9 that, in the eventob3r condition stated in the extension is not met or any violation of the permit issued, would result in the Court enjoin- ing the construction activity on the site. The City Building Inspector said that the cost of the extension in one-half the original fee, arid, that a permit lasts for one year, but, if there is no construction, lasts for 180 days. Mr. Anderson's permit ea-pired because of no construction. Mr. Anderson said he has done some work on the inside of the building. Minutes of the Lake Elmo City Council Meeting, August 15, 1978 cont. The Council suggested a timetable for completion of the construction in view of the fact that the structure is not fixed on any foundation, and no sanitary system completed. Mr, Schwartz, Mr. Jim White, and Mr. Jim Burns appeared before the Council to request the Council to resolve this issue due to problems affecting their propertied created by Mr. Anderson's incomplete structure. Counsel Raleigh informed the Council that if the extension is denied, Mr. Anderson can go back to Court to appeal, which would only delay construc- tion even longer. A motion was made by Councilman Morgan 2nd by Councilman Shervheimj, deny- ing the extension of Mr, Anderson's permit Motion failed 2-9. Mayor Armstrong, Councilwoman Lyons and Councilman Pott voted against, Mayor Armstrong urged the Council to approve the extension with a strict timetable and posting of bond. A motion was made by Mayor Armstrong 2nd by Coucilman Pott to approve Resolution 78-27, "a Resolution instructing City Attorney to prepare an agreement to be signed by Mr. Anderson delineating City's specifications and deadlines for the completion of the project and requirirfg Mr.. Anderson to post a $?,000 bond." After more discussion it was the consensus of the Council to amend the re- solution to include: "The premises shall not be lived in at anytime during the remainder of the construAmbn until a Certificate of Occupancy is is- sued." Motion carried 4-1. Councilman Morgan voted against. (A copy of agreement attached to and hereby made part of these minutes.) Jim Schaefer Variance- Mr. Jim Schaefer appeared before the Council to request a variance to build an attached garage three feet from his property line. Mr. Schaefer presented the Council with signed approval of all ;surrounding neighbors. A motion was made by Mayor Armstrong 2nd by Councilman Morgan, to approve the variance for the proposed garage of three foot side clearneeeto the side property, and the stipulation that Mr. Schaefer includes a turn'atiound for the driveway, Motion carried 5-0. Petition - Mack Street Variance: A motion was made by Mayor Armstrong 2nd by Pott, tib refer this petition to the committee that is studying the other two matters. Motion carried 5--0. Foxfire Estatett- Final Plat Aporoval: Mr, Mark Hanson appeared before the Council to re: quest final plat approval, Councilman Morgan e3�pressed his desire to view this property condidering the Park dedication, The Coun¢Oi.l expressed its concern over the increased. traffic created by the extension of Jamaca Avenue. The plan includes two signs for "Emergency Ve- hicles Only « The Council asked for some sort of gate, or other means by. which to discourage local traffic; be included in the plans for consideratio7 at the nest regular meeting. A motion was made by Councilman Shervheim 2nd by Councilman Pott, to grant construction approval for the plan and schedule final plat for next regular meeting. Motion carried 5-0. Minutes of the Lake Elmo City Council Meeting, August 15, 1978 Cont. Parranto — Washington ?7 Properties: Mr, Parranto appeared before the Council to request concept approval for one acre lots or a little larger and approval of well and cesspool. Mr, Parranto said he was etill considering the e.vtension of sewer and water to the property. Council informed him that he would have to present a revised plan based on sewer and water. A motion 'was made by Councilman Morgan 2nd by Councilman Shervheim to approve the concept plan for one acre lots, Counsel Raleigh suggested the motion by amended to include a provision for making sure that access off County Road 1.7 are in line with the County Plan for the area. He suggested Engineer Noyes check with the Highway Engineer on this matter, Motion, as amended, carried 5-0, Mr. Parranto asked if the City bonded improvements. Administrator Whittaker informed him that it has been the policy of the City not to bond for im-- DVovement s , Derrick Land Co — Demontreville Highlands— 5th Addition: .A representative of Derieick Land Cc appeared before the Council for Preliminary Plat approval of Demontre�#'I- ville Highlands w 5th Addition Dennis Daley from the DNR informed the Council they are prepared and have made an offer to buy a frontage easement on the lake due to their interest in preserving a natural spawning area for this area. Mr. Daley informed Council the DNR prefers not to enjoin in the plat. The offer is conditioned upon the lots being platted. The Council instructed Derrick Land Co. to resolve the lake frontage prob— lem and attempt to allow for a pedestrian easement for the Park. A motion was made by Councilman Pott 2nd by Councilman Shervheim, to ap— prove the Preliminary Plat subject to the Engineer's plans and specificati Wally McCarthy File: Mr. Wally McCarthy was present for the request for rezoning for a car dealership Administrator Whittaker summarized for the Couccil the Planning Commission's discussion and decision on this issue, Ile Said the Planning Commission agreed to rezone the part necessay for the car dealership and leave the rest until the City has developed the New Plan for the City, and rezone on demand, Administrator Whittaker suggested that if the City rezones for general bu— siness, they are opening the door to other general businesses which Lake Elmo may not want. Councilman Shervheim suggested that the rezoning be approved conditioned upon 1Wally McCarthy petting in a car dealership, by agreement, or for him to wait six months until the New Plan for Lake Elmo is in effect. A motionvmesmade by Councilman Shervheim 2nd by Councilman Pott, to grant the request for rezoning for the car dealership subject to the acceptance of the Plan of Rezoning; and, that rezoning mould permit the use to which it is intended, subject to an agreement drafted by Counsel Raleigh - Mayor Armstrong said he badfroervat onbz,W3 to whetherohhis business is going to fit in considering the additions traffic noise and lights, etc. Minutes of the Lake Elmo City Council Meeting, August 15, 1978 coat., Wally McCarthy coot Mr. McCarthy slid he would like to start construction in 60 days if the proposed New Plan for the City is no more Stringent than in other areas for general business; Motion failed 3-2. M'ayor`.Armeurong and Councilman Morgan voted against. Hardy Driveway: Mrs. hardy called Mayor Armstrong about the proposed driveway- She said she would like some sort of foot bridge for h*r children to cross to catch the bus. The Council decided to have Tom Noyes examine the situation and report back to the Council. A motion was made by Councilman Pott 2nd By Councilman Shervheim, to extend) the meeting from 10t30 p.m. to 11:00 p.m • Motion carried 5-0. Subdivision Ordinance: A motion was made Councilman Morgan 2nd by Councilman Shervheim to approve Subdivision Ordinance correctUg the typographical errors and eliminating butt lots-, and. Section 401, 260, B, 4, b, 1(a) Motion carried 4 0. Councilwoman Lyons abstaining.. Parking on Hill Trail & Demontreville will be discussed Sept 5, 1978, BudgetDeadlines; A motion was made by Councilman Shervheim 2nd by Morgan that the Council call a proposed use henking for*the September 10 meeting. -XRevenue Sharing a Motion carried 5--0. A motion was made by Mayor Armstrong 2nd by Councilman Morgan to call a special meeting on August 29, 1978 at 7:00 p,m to discuss the budget finances, and City Employees, Motion Carried 5-0 Minutes: A motion was made by Mayor Armstrong 2nd by Councilman Morgan to approve the Minutes of the August 1, 1978 meeting. Motion carried 5-0. Council instructed Administrator Whittaker to prepare the budget, CETA Program: Administrator Whittaker imformed the Council that the CETA funds ran out August 11, 1978, and that he desired to extend employment of one youth. Council authorized the Clerk to empl6.y Marge Meier for 40 hours at $2 65 an hour for a total cost of $106.00, Claims: A motion was made by Mayor Armstrong 2nd by Councilman Morgan that the claims including the Building Inspector bill ' hours pay at $2.35/hour to Tiger Ziten for helping with pipe laying. Motion carried 5-0 Election Judges: The Council granted permission to hire the election judges used in previous years. Meeting a4ourned at 11:00 p m. APPROVED: Thomas G. Armstrong, Mayor ATTEST: Laurence E. Whittaker, Administrtor