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HomeMy WebLinkAbout07-17-79 CCMCITY OF LAKE ELMO CITY COUNCIL MINUTES, JULY 17, 1979 Mayor Armstrong convened the meeting at 5:17 P.M. Councilors in attendance: Mottaz, Morgan, Pott, Johnson (9:00). Also in attendance Administrator Whittaker and Engineer Bohrer. AGENDA: Armstrong moved, Mottaz seconded -to approve the agenda as amended. Agenda changes - delete Mottaz - Appeal moratorium, and add cor- respondence. Motion carried 3-0, MINUTES: Mottaz moved, Armstrong seconded to approve the minutes of July 3, 1979, as written. Motion carried 3-0- ART SCRAEPFER, JR. - COUNTY COMMCSSIONER: Mottaz expressed his thoughts and concerns about the Regional Park Plan, Be reitterated his feelings about the intensity of the design next to the residential area. None of Lake Elmo®s suggestions have been Included in. -the plan, Lake Elmo desires to know the status of the road through. the park. The City desires to meet further with the County and feels the best way to be heard is through their commissioner. 'The Nelson property at the north end of the park was discussed. The City has not approached the Nelson'€: about eliminating their driveway for the Eagle Point Fork Improvement at the County has indicated this property will be included in the park and condemnation proceedings have been started. Mr. Schaeffer indicated this is his impression also. The Nelsons have stated that they have not been contacted by the County and have requested the City tell them what the status of their property is. The City feels the communication gap between it and the County is due to a lack of response to Lake Elmo concerns. Mr. Schaeffer in- dicated Brauer and Associates is running the County Planning Department and feels they are not looking for additional residential input concerning the Park plan. As yet, no action has been taken by the County Board, The Council reviewed for Mr, Schaeffer all the negative areas, eg, SW boat launch, overnight camping, excessive horse trails plus Lake Elmo°s desire to oul-d-sao 15th Street. We do not desire a throughfare in ,the park. 'The Council desires the access to -the County Park not to be confused with the one to the City Park, Access to the County Park off Minnehaha is most desirable. The Plan should anticipate high water on Eagle Point naturally, and the City feels it is an absolute necessity they be able to use Eagle Point for storage. Mr.. Schaeffer stated he was in favor of this. Road Mans by the County - this matter will be taken up in the fall after the Comprehensive Plan and. the Zoning Ordinance are completed. The City desires the alignment of County 13 be pin -pointed and the obtaining of right-of-way be discussed. Emergency" Medical Services - the City feels the County should take oaxe of,this and adjust the mil rate accordingly. CountyBuildingDepartment - it has been suggested the County Building Department will be disbanded. This department has acted as a back-up for Lake Elmo, and, the City would find it a considerable inconvenience if it were disbanded. They also feel it would pose a hardship on sur- rounding townships who also use the County Building Department. Morgan moved, Armstrong seconded to have -the County Commissioner appear before the Council `the second meeting of every other month. Motion carried 4-0. DON METTSIKOMER - CIVIL DEFENSE PROGRAM: Mayor Armstrong stated he feels more emphasis should be placed on Civil 'Defense. The City received complaints during recent storms that residents of Cimarron have no storm shelter available. CITY Of, LAUELMO CITY COUNCIL MINOTES, JULY 1.7, 1979 —2-• CIVIL DEFENSE CONTINUED: Mr. Mehsikomer was asked if he would accept this responsibility, and look into the CityPs Civil Defense needs, He agreed to review it and see what is necessary •to qualify. This position would be handled on a, volunteer basis with personal expenses to be reimbursed by the City. Mr. Mehsikomer will report back to the Council with. his findings and decision. EARL GOERSS — LAKE ELMO OIL* Mr. Goerss .reviewed his feelings on the energy problems and gas shortage. He requested the City Council and the Community to acknowledge the problems and do their part to conserve energy. Lake Elmo Oil is going back to their regular. schedule. They will not be open evenings or Sunday. Gas will be limited to a maximum of $10.00. The Governors minimum allotments will also be enforced. The Council questioned if there would be any advantage to having a 11000 gallon bulk tank in West Sunfish Park, to service City vehicles. Mr. Goerss sested the City carefully determine the amount of diesel fuel it uses for the grader, mower' etc, before making this decision, Morgan moved, Mottaz seconded,. the City request the State consider exempting the gallonage of fuel it needs to pump water on Lake Jane from Lake Elmo Oils allotment. Motion carried 4-0. This request is mw& because the monthly allotment of Lake Elmo Oil includes the amount used by the City. This am&mt'should be over and above the amount Lake Elmo Oil receives. DINNER. — BEN' S ELMO INN OLD BUSINESS: A. Leonard Hanson - Rezoning and SUP for Open Sales Lot; and. Adyer. tisin Sin The Council reviewed the request and location of the parcel. Engineer Bohrer has no concerns if'the'two>ponding areas remain unfilled and stay as ponding areas. This arvsXalls into the General Rural Use Zone on the new Comprehensitec'Kan. Morgan stated he is opposed to the idea of spot rezoning'"' Oi€e-this parcel is rezoned to GB it is not restricted to the proposed use. The business proposed. by Mr. Hanson, horse trailer sales; does, appear to be compatible to the desired Ag use. This use would be permitted in the GRU in the n-ew plan. Mottaz moved, Morgan seconded to'approve the request of Mr® Lsonard Hanson if he will agree to -the new Comprehensive Plan zoning and that he will sign an agreement providing..:that he will accept whatever zoning is put on the property under the new Comp Plan that will permit the sale of horse trailers or that use. ,Motion carried 4--0.' The City Attorney will:.draft such an agreement. It will also include the sign be restricted to 4' x 81 and be non —flashing illuminated. B. Don Durand SUP, Paved Access and Turn —around on Lake Elmo Mayor Armstrong reviewed the PZC recommendations and minutes of -the last Council meeting. Also reviewed was the non —conforming use section of the Zoning Code, Larry Bousque, County Engineer, viewed this site and saw no problem; but said a driveway permit is required.. The DNR indicated no permit is necessary. Mr. Durand asked if this area is indicated as a business on the new Comprehensive Plan Map. If not, he would like it so des%;gnated. Mottaz indicated he has reoeived'many calls and has reached dies following conclusions: 1) it is an expansion of a non —conforming use. gbis ramp was not used to launch large boats before now. By putting in the blacktop driveway it becomes wide open public access and makes it a more commercial business. 2.) the City Council has an obligation to protect -the residential neighborhood. In this situation he feels the grandfather clause does not apply. The City Council requested the adjacent property owner to stop launching boats in the past. CITY OF LAKE ELMO, CITY COMTCIL MINUTES, JULY 179 1979 _3— Donald, Durand Continued — Any affirmative action would be inconsistent with Council feeling about a launch from the Regional Park and their desire for no launch conveyed to -the County Commissioner this evening. Mottaz moved, that the permit be denied; and, the owner be instructed to put a chain across the ramp; that only boats owned by Pierre's Pier are to be use; and that no public access be allowed. No second, motion dies. Mr. Durand stated he launches only fishing boats and non —motorized boats now. He has a sign stating no ski boats allowed. Pott indicated that discussion about boat sizes is not pertinent, that -the question is the paved ramp. He feels the driveway at Pierre's Pier is not a, big problem compared to the access on the adjacent property. Since the County Engineer stated the driveway poses no problems this should be a consideration. Morgan stated he has seen the site. Parking is adequate and tis is an existing business. Mottaz feels by granting the SUP the City is rezoning the area commercial. Armstrong suggested limiting the horsepower of launched boats to 10 HP. Audience comments included the City is being discriminatory by limiting launched boats to 10 IiP while larger boats are owned by lakeshore residents. Some felt this should remain just a rental area, and are opposed to -the additional traffic on the lake. Dale Furstenburg, Sheriff's Deputy, stated that there is no notice0l.e increase in traffic in this area; also the launch area permits ears to stop before entering Lake Elmo Avenue, thus avoiding accidents. Pott suggested limiting the number of boats launched. Armstrong moved, Morgan seconded, the City Council authorize a SUP to Donald. Durand for the paved driveway and turn around with the fol, lowing conditions: 1. He obtain the necessary County permits. 2. That he permit no more tha 11 boats to be launched at any one time; and that said boats should be either non —motorized or are boat operated by people who intend to fish. (This speoifioall excluded those launching boats with the intention to water ski.) 3. That he not exceed the legal nonconforming use of the property. 4. That he provide off—street parking for all clients. 5. He sign a Resolution providing for 1-1F above. This permit will be embodied in a resolution to be drafted by the City Attorney. Motion carried 4-1. Mottaz voting nay. TOM RAISIHis Application for Industrial Center in Section 32. Mr. Weer desires -to construct an Industrial Center on the Robert _ Fraser property in Section 32. The property .is presently zoned SFU. They are requesting it be rezoned Light Industrial. Also proposed is the extension of 4th Street. Sewer is not presently extended into this area. An on —site system will b e used until sewer and water are extended. Ponding on —site is proposed to hold surface water. This type of business qualifies for Industrial Revenue Bond financing. They are asking the City to approve IRA's for -this project. The projected cost of the project is $2.5 million. Armstrong questioned the extension of lath Street. MaDot Proposed 4th Street as a frontage road. He asked'if.they are requesting the City to construct the road. Ifaiser indicated they will need lath Street completed before the building is put up. Since 4th Street is proposed as a frontage road the Highway Department will construct it at no cost to the City. The timeframe is the question. Mottaz moved, Morgan seconded, to instruct the Administrator to proceed with the preliminary steps for securing Industrial Revenue Bonds. Motion carried 4-0. Armstrong abstained. Pott wants to know what the limit is on these bonds. CITY OF LAKE L%NO CITY COUNCIL MCNi1TESt JULY 179 1979 -4- KAISER CORTINIM: It was suggested the State be contacted and be made aware of the Cityts interest in this proposal, Mr, Kaiser will have to appear before the Planning Commission to request the rezoning and subdivision ofthe land, This type of use is eonsistant with the propcs ad. Comprehensive Plan, I:' GINEERtS REPORT; A 'Tall Park Second Addition Improvements The Engineer feels additional sealcoating needs to be done to bring the improvement up to specs. Ile is recommending 550 feet of sealcoating be done to cover roller marks, Bruce Folz stated -this will cost an. additional $$19500. He feels this not a reasonable burden to place on, the developer, Bngineer Rohrer stated this should be the respons— ibility of the balektop contractor as the street was paved when the weather conditions were not, favorable' 'thus causing a defective job, Armstrong moved# Mottaz seconded' that the Rigineers report be enforced to the fullest. Thus the Engineers recommendation of sealcoating be completed by the developer, Discussion -. Pott suggested the sealcoating be done in 1980 rather than 1979 in case additional sealcoating needs to be done. Armstrong and Mottaz agreed to so amend the motion. Motion carried 5-0. The Ehgineer questioned the reduced area of the ponding and the steep— ness of the slope down to the ponding area, The Council had previously agreed to the ponding change, The &gineer questioned if capacity of -the pond is as much as originally planned since it is deeper rather than wider. Ile also questioned the design of the elopes+ indicating they may be a safety hazard. The developer will stabalize the slope with some -type of growth, lhgineer Bohrer requested the Council to notify developers -that ac— cording to their Development Agreement daily on —site inspection is to be handled by the developers engineer. Some developers presume the City .Engineer will handle this, The City Ihgineer will not sign any certification of work .completed until he receives a certificate from the developers engineer stating that the plans and specs have been complied with, Periodic inspections will. be made by the City Engineer to verify compliance, B, Maintenance Buildin — Lhgineer Bohrer presented five alternative designs. Ail of the plans, provide for expansion. Location of the refuse will have to be verified for methane gas, The &gineer sug�- eested a joint meeting with those departments that will utilize the building and the City Council, Bid openings are tentatively scheduled for the first part of October with work beginning around November 1, City vehicles may be stored there over the winters but the site will not be completed until spring, support from the Tri—Lakes area# for manning this station will be sougb,t, Wes,Hendriksont T10A architect and planner# will be meeting with the Council on this building. Morgan stated the decision on earth sheltered vs non —earth sheltered could be determined by the Building Committee# specifications will demand full Council attention, SPECIAL MEETING: August 1# 19799 Wednesday# 8:30 a,m,# has been set for an all day Council meeting, The Administrator will prepare an agenda, C, Iiar Drivewa — Fill for the driveway is available on —site. The concrete foundation will be suitable for the foot bri.dge. It will need railings and a wooden deck. Mr, and Mrs. Nelson questioned how the City would handle the drainage Problem through their property if the County does not take their Property, If this becomes the case the City lhgineer will go out and determine what work will need to be done, The Administrator will con— tact the County and find out what the status of the Nelson property is and contact the Nelsonts, CITY OP LAKE, ELN4 CITY COUNCIL MINUTES9 JULY 179 1979 -5- D Other — Fire Station Addition — After excavating for the new ad— dition it was determined that fill had been put where the .floor slab will go. The estimated cost to remove the top soil and add granular material will be $6800. The contract did not provide for this. Armstrong moved, Johnson seeonded9 to authorize the additional expense to remove -the top soil and put in additional granular material. The .Administrator is to negotiate a change order. Motion carried 3-2, Morgan and Pott voting nay. The top soil is to be placed around the tennis courts at Pebble Paris... Pott feels the $800 should come out of the Engineers Bond. IRVIN COURT: .The adminis•trator sent letters to affected property owners requesting 4ey accept the financial responsibility ;for this project. The replies indicated this is not desirable. Armstrong moved9 Mottaz seconded, to adopt: Resolution 79-33 accepting the Engineers report and calling a Feasibility Hearing. Motion carried 4-1. Johnson voting nay. A survey is needed to verify those people contributing water. ORDINANCE 7805 — PARK DONATIONS -RBS 3U%4 ff-4gW34: Delete -- approved 8/7/79 Johnson moved9 Morgan seconded to adopt; Ordinance 7805 an ordinaries amending Chapter 401 of the 1978 Municipal Code of Lake Elmo9 relating 'to subdivision of land. Motion carried 5-0. The resolution will be held until the next meeting. 201 ENGINEER: `.cabled until August 19 1979 COUNCIL REPORTS: A or 1. Goal and Budget session — already set for August 1, 1979 2. Code of Ethics — tabled until next meeting. 3. Seeler 'Land Sale — Mr. Seeler is offering to sell the City some property near Sunfish Lake. Morgan stated he will call Mr. Seeler and make an appointment to look at the property. It was suggested this parcel should be offered to the Watershed. B. Other. — PZC Alternate Appointment — The Council would. like to see the applications The Administrator will get information from other communities about firemen compensation —reimbursement for attending fires. ADMT.NISTRATORIS REPORT: A. AMM Levy LiMit Program July A 1979. 1-5 p.m. The Administrator will try to attend. No one else is interested in attending. BENS Memo — Tabled until next meeting. This is to be considered in the budget; also the Administrator will cheek on what the County is doing. C. Lioenses — Thomas W. Dahms9 Dahms Heating, Inc. 1124 17th Avenue N9 South St. Paulo Mn. Mottaz moved, Morgan seconded, to approve the license for Thomas W. Dahms. Motion carried 5-0. D. Tr e removal and Boulevard Maintenance — tabled B. 0' k. Street Parkin — tabled F. Jaycee Woment" Softball Tournament — Mottaz movedo Armstrong seconded to approve the permit for the Jaycee Women's Softball. Tournament July 21, 19799 with 'the following conditions: 1. a $6200 bond be posted. 2. they hire a policeman to be on duty at all times. they pay for the clean—up after the game. Motion oarried 5-0. G. Paul Ma uson letter — no action CITY OP LAKD ELMO CITY COUNCIL MINUTES, JULY 17, 1979 H. DeMontreville Road Parking — letter from County tabled Mottaz moved, Morgan seconded, to authorize the Mayor to sign contracts with Kusoht for DeMontreville Park and Close for Sunfish Park from the Park Commission for overall park plans. Motion carried 5-0. CLAIMS; Morgan moved, Mottaz seconded, to approve Claims 79424 thru 79459 with the exception of 97425 to TKDA lbgineering, Motion carried 5-o. The feasibility study on the ]Fire Tull Addition estimated the engineering/architectural work would run about 12% of construction, Current bill exceed 15016 of construction costs. Armstrong suggested the amount be split 50/50,as one of the considerations in hiring T.KDA wasa "not to exceed costs" basis. The Administrator will see if this amount can be.negotiated with TKDA. PITBLIC HEARINGS: The PZ,C requested the Administrator to make the Council aware of citizen in —put at pubic hearings. They feel that if there is no objections at the public hearing then the Council should take this into consideration and not allow lengthy discussion at the Council meetings. They feel this is defeating the purpose of the PEC holding the hearings. ADJOURNMENT: Mottaz moved, Morgan seconded to adjourn the meeting. Motion carried,. 5-0. Time — 11:45 p.m.