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HomeMy WebLinkAbout08-21-79 CCMCITY OF LAKE ELMO CITY COUNCIL MEETING, AUGUST 21, 1979 i Mayor Armstrong called the meeting to order_ -at 5:15 p.m. Councilors in attendance: Mottaz, Pott, Johnson (5:40), Morgan (6:10), also Administrator Whittaker, Planner Chelseth and Engineer Bohrer. AGENDA: Addition under G. Other — Water Bills Armstrong moved, seconded by Pott, to approve the agenda as amended. Motion carried 3-0. MINUTES: Mottaz moved, seconded by Armstrong, to approve the minutes of August 7, 1979, as written. Motion carried 3-0. Mottaz moved, seconded by Armstrong, to approve the minutes of August 13, 1979, Special Council meeting, as amended. Under SUP Valley Branch Watershed District — Pott also said he had trouble with voting for this permit given the negative PZC recommendation. Motion carried 3-0. CLAIMS: The Council agreed to hold payment on theFire Hall and the Architects bill until all the bills are in. As TIiDA will not agree to a "not to exceed figure" the Council will wait until all the bills are in before determining the amount to be split by the City and TKDA. Pott suggested the City start now to secure door openers for the Fire Hall Addition. The Council agreed to hold payment on the bill from Bob Lafayette for the Appraisal Report on the Meyer/City property. The Council agreed to pay Tower Asphalt, subject to receipt of the final lien waiver, for First and Immanual. The Council agreed to pay Tom Loucks, Planner, the remaining $300 due on his contract. His contract does not bind him to do the final draft of the Zoning Ordi— nance and all other work has been completed. Pott moved, seconded by Mottaz, to approve claims 79517 thru 7954$ with the deletion of that portion of TKDA for the Fire Hall. Motion carried 4-0. MEYER APPRAISAL: The Council discussed various ways of handling the sale and cost of the appraisal of Lots 33 and 34 in the Old Village. The City owns 1/6 of the combined parcel. Discussion included the City getting 1/6 of the total cost of the selling price — the total price to be based on square footage. (This is if the property is sold.) FCorrection 9/18/79 Whittaker suggested the City accept*$4,500 plus legal and appraisal $4,500 should be fees and split the asked for difference if the porperty is sold on $3,500 plus legal... a square footage basis. No action was taken. REGIONAL PARK — Bob Lockyear, Washington County Planner — Mr. Richard Meunich, from Brauer and Associates, attended with Mr. Bob Lockyear, County Planner, to answer questions raised by the City on the Regional Park Plan. The following issues were discussed: 1) South East Boat Launch — this has been left in the plan because of support from the County Park Commission, it is utilizing an existing boat launch and it provides a good line of sight for traffic in relation to the Tartan Park location. Mottaz asked if this pro— posed type of boat launch is consistant with the passive use facility designation of this park. The City prefers a carry —in launch. A launch of the proposed type is not consistant with the use of the lake. (A fishing, sailing, swimming lake.) Mottaz is opposed to any ramp type facility. Councilman Mottaz distributed a letter listing his concerns. Mr. Lockyear said the Met Council may not agree to limit access to the lake to only non —motorized craft The County is lealing with public dollars thereby making it difficult to exclude certain public use. He also said this is a park reserve (no more than 20'% of the area will be developed) not a passive park. CITY COUNCIL MEETING, AUGUST 21, 1979 —2— REGIONAL PARK: Johnson stated the west shore would be a better location for a launch. Mr. Muenich felt the South East launch could be eliminated, but if the lake is designated a fishing lake there must be access. Mottaz desires a launch be engineered in such a way that you can launch the type of boats desired, with regulations and and enforcement agent. Mr. Lockyear said he will check on regulations with the Met Council. 2) Through Road — Mr. Muenich indicated the alignment has been changed in many places. The road is curved and has a T—intersection about mid —point in the park. The road is a through —design in order to enable people access to areas within the park rather than have them leave its boundaries and drive around to another point. Pott suggested signal lights for the tracks at the access from 212. Johnson felt increased traffic on 212 may be diverted through the park. Mr. Muenich indicated there will be control points at the access points and a turning lane with center island at 212. The more expensive alignment around the east side of the pond provides a more direct route from the Interpretative Center to Headquarters. Ed Nielsen asked why the center could not be moved. He would rather see the money go towards developing trails than roads. The trails can be done much sooner, also. Pott wanted it noted that many dollars are to,be spent on roads and the City desires to save this money. There will be no golf course in this plan. 3) RV Camping — The County said if this type of camping is desirable the area located on the plan is the only feasible one. The Council indicated it may not be desirable at all; and that if it is planned it should be a full service site with dumping station. It is not a good idea to mix RV and tent camping if electricity is not provided. RV and primitive camping don't mix. Mottaz quoted from a letter from Brauer concerning the intent of the park. Mr. Lockyear indicated he will talk to the Met Council and see what type of restrictions can be imposed. He stated this park is to serve the Metropolitan Region. 4) Horse Trails — The County preceived a demand .for horse activities in the park. The trails shown are for maximum use. From a design perspective they will not be in conflict with other used areas. Cross—country ski trails were not shown to the degree of use they should be shown. Many horse trails can be used for ski trails in the winter. 5) Development Schedule — A development schedule has been proposed to Washington County, but no approval has been given as yet. It will be a phased schedule. Morgan suggested one way to open the park sooner is with a series of trails. This can be done with minimal expense. These trails would be compatable with existing homes the park. Data Sheet — Parking for cross—country skiing was discussed. 50 spaces may not be enough. The Interpretative Center will act as a back—up parking area in the winter. Mottaz questioned truck traffic through the park. This will be handled with azel limits. 7) Swimming Beach — $200,000 is proposed to develop a swimming beach on Lake Elmo. Ed Nielsen suggested a beach such as Square Lake. This would be much less expensive. Existing lakeshore on the west could be used rather than developing a new area. Mr. Muenich said the reason for the proposed location is it would be near the picnic and activities area. A natural beach would need too much fill and sand to make it workable. Mr. Lockyear said he would check and see if it were feasible to make a swimming area on the west side of the lake. DINNER BREAK — BEN°S ELMO INN CITY COUNCIL MEETING, AUGUST 21, 1979 -3- ENGINEER'S REPORT: A. Hard 's Driveway — The Engineer was unable to determine the location the concrete p'piars for the footbridge without property irons. He will need some type of survey of the area. There is also a question of whether or not part of the Hardy driveway is on City pproperty. Mrs. Hardy told the Council she does not want to work throu�h the County. She desires to stick to the original agreement with the City. The Council suggested the footbridgge be on the Hardy property if at all possible, and pay the Hardy's for the materials, leaving them responsible for the construction of the bridge. Mottaz moved, seconded by Morgan to authorize the Engineer to get firm bids on construction of the driveway and offer the Hardy's $300 to buy materials for the footbridge. They would be responsible for the bridge construction. Discussion — Hardy's would be asked to give the City a construction easement to install the driveway and culvert. Morgan moved, seconded by Mottaz, to delay the motion until firm bids for construction costs are received and the location of the bridge piers are determined. Motion carried 5-0. If the bridge is on City property the City would lease the land for it to Hardy's. Mrs. Hardy will bring in the survey of her property to determine if their driveway is on City property. The Engineer brought up a drainage problem in Tablyn Park II on 27th Street cul—d—sac. Bruce Folz said that Mogren will fill and sod the area if the work has not been completed. B. Walter Pechan — The minimum width of the driveway access the engineer would accept is 12 ft. This would allow one—way traffic. Armstrong stated he is not in favor of setting a City policy of permitting 'glorified' driveways in lieu of City streets. Maynard Eder asked the Council to table this until he can review it and see what impact it will have on his parents property. If 46th St. were extended, this would split the Eders south 40 in half. Also, the Stevens property would be involved. Pott moved, seconded by Mottaz to table this request until the next regular meeting. Motion carried 5-0. C. Baptist Church — The grading being done at the site is in conflict *rri£fi wha£ was approved on the original site plan; but might improve the site for the neighbors. The fill will bring the major parking area close to the same level of the road. The Engineer saw no problem concerning the septic system. He primarily wanted the Council aware of the change from the original plan. He suggested that since the sanitary sewer permit was taken out before the grading work was done that a new permit be taken out for the new system. The system is on a slope now. By requiring a new permit the City can control this portion of work. This revision is necessary because excess material came from the pond excavation. Armstrong moved, seconded by Mottaz to approve this request from Lake Elmo Baptist Church for change, subject to the approval and recommendations of the City Engineer. Motion carried 5-0. Engineer Bohrer also suggested Bob Wier check on the sewer. D. Foxfire Storm Sewer — The Council expressed concern about the drainage running toward Lake Jane, and the City's ability to increase the capacity of existing ponds if they fill up. They asked if the system is designed to take the over —flow in today's 100 year storms. Mr. Schifsky said he is confident the designed system is more than adequate for the land when it is fully developed. This was the opinion of the City's previous engineer also. The signs for Jamaca stating "Emergency Vehicles Only" have been ordered. Barricades have been put in place to stop through traffic. There has been some questions from Jane Road North residents as to why the road will not continue through. A keyed gate at the end of Jamaca will be installed as soon as possible, per the developers agreement. CITY COUNCIL MEETING, AUGUST 21, 1979 -4- E. Other — Engineer Bohrer will contact Mr. Siegfried -and see why work on —the Fire Hall Addition is not on schedule. Pott--said he has ( been expecting a memo on the proposed maintenance building at the landfill. The Administrator is to meet with the TKDA architect next week. IRVIN COURT — DRAINAGE IMPROVEMENTS — Morgan stated he does not feel the residents in Lake Jane Hills should have to pay for this improvement.. Either the developer or **As much as $3,000 the City should pay their cost.**$2,000 will be assessed. The will be assessed. developer will be responsible for the $5,600 cost for construction. corrected 91i81r79 Pott said the City is past the point of spending $2,000 out of General * Add — Fund, as $600 has already been spent to determine who is benefitted. Resolution 79-40 Pott moved, seconded by Morgan, to order the Irvin Court Drainage **correction — Improvement Project*with the understanding that the*$2,000 cost will $2,000 should be be assessed to the benefitting property owners. Benefit will be $3,000. determined when the project is complete. Motion carried 5-0. FEDERAL REVENUE SHARING HEARING: Mayor Armstrong opened the hearing at $:50 p.m. He asked if any person in the chambers had a proposal on how to spend the Revenue Sharing money. There were no comments from the audience. The hearing was closed at 8:55 p.m. Morgan moved, seconded by Mottaz, the Federal Revenue Sharing money be appropriated to the Police Budget. Motion carried 5-0. COMPREHENSIVE PLAN: TF Air ort Zone — It was suggested the airport safety zones be extended. e ounce felt it would not be. wise to have a residential area abutting the airport. The Planner will indicate an Airport Noise Impact Zone with a dotted line defining the area. The area will be enlarged by one runway length. This area will remain as planned until the zoning is resolved. 212 and Railroad Tracks — East of "Old Village" — This area to be designated-LI post . The area south of the tracks will remain as planned. County 13 — According to Chuck Swanson, County Engineer, this road is" noon County road plans. County 13 will be shown on the map as a major collector from 45th Street north to Highway 36. No other consideration will be given it to the south. Commercial — Cimarron Area — The commercial designation at Cimarron i—all be removed. A red ted line will be drawn around the inter— section. Convenience business zoning will be given to whoever submits an approved plan first. Three corners of the intersection have requested this zoning. MUSA Line — Armstrong said he 'sees no need for sewer services in this area " More e feels the line should be held in. He does not see Section 32, where sewer is available, fully developed by 1990. Pott feels it should be shown on the Comp Plan Map, as this is a land use map. It will help give guidance to those making; decisions three years from now. Armstrong does not see high intensity use in this area; according to Mr. Barton, Met Council, the sewer unit al— location to Woodbury and Oakdale is generous, thereby, posing no threat of losing Lake Elmo's units to them. Mottaz questioned why Lake Elmo should be planning for a high density gr—o Ti area? Pott asked if the City desires to reserve any area for high intensity use? Morgan stated there is presently 400 acres zoned for this use. We shoulT-wait until this land is used before cutting off another chunk. Johnson does not want to give the indication Lake Elmo does not want orneedthis sewer capacity. It may come to a situation that a septic and drainfield are not adequate and we will be unable to handle the situation. An example would be the Old Village. CITY COUNCIL MEETING, AUGUST 21, 1979 -5- COMPREHENSIVE PLAN: Our predessors did not anticipate the problems the Old Village faces today regarding failing systems. Armstrong said the difference is the 12 acre minimum and indicating w nfield sites. Properly installed and properly maintained, todays septic system can go to the year 2100. Morgan and Mottaz feel there will be an alternative in time to the big "p p511, and Lake "•Imo can afford to wait, at this time. Pott said he would like to shape the community not zone it. He feels the ity is closing the door on diversified uses as no provision for services are made in this plan. Armstrong took a vote to move the MUSA line back to the west boundary oiy. Morgan, Mottaz and Armstrong were in favor. Johnson and Pott were opposed. The high density residential, the area inside the MUSA line and section 32, will be deleted. I-94 — The noise level zone will be 1 320 f et deep from County 13 to bounty 19. From County 19 to County '15 — 6e60 feet back. Johnson disagrees with the 660 figure. He does not feel it is deep enough and 1,320 would be a better distance. Highway 36 — Mottaz is opposed to any change on 36. Every effort should e made to mai"nnaIn this as a comfortable commuter highway. How much area do we deen for commercial? He would rather have business con— centrated in the Old Village and along Highway 12 instead of starting up a new area. Morgan feels commercial should go in the Old Village. Highway 36 could support something that has never been done before. The City could really control what would go in, possibly some type of PUD. Something that would not detract from what is there now. Pott would like to see something done between the highway and the power lines. There would be no strong opposition if the right thing were proposed. The City wants to avoid an area like Oak Park Heights has and flag —flying car dealerships. They would like to see something that would fit into the landscape not jump out from it. Hi way 12 — Commercial — There are 300 A along Highway 12 designated pos0 for development, Section 32 excepted. The door is not being closed to requests in this area if it is the desired use and good for the City and does not change what the Council desires the City to look like. Section 32 development — now. From Co. 19 to Section 32 developeent — 1985. Past County 19 development — post 1990. A straw vote was taken on the 36 Corridor — all Treed to keep it as it is. 3M— This will remain in the RR zone. The City acknowledges 3M as the owners of said parcel and as stated in their letter to the City they have no plans for development before 1985. The City will plan ac— cordingly. Resolution 79-41 Mottaz moved, seconded by Morgan, to adopt the Comprehensive Plan � :orrected 9/18/79 with the stipulation this plan be subject to intensive review by the PZC and City Council by 1985 or sooner. Motion carried 5-0. OLD BUSINESS: A. Banister Plat — Armstrong moved, seconded by Morgan, to approve Resolution 79-42, accepting the Banister Plat and street utility easement agreement. Motion carried 5-0. (copy attached to and hereby made a part of these minutes.) B. Hanson SUP Resolution — Mottaz moved, seconded by Morgan, to approve eso u ion — -solution granting a Special Use Permit to Leonard Hanson and Ordinance 7808 for rezoning. (cop yy attached to and hereby made a part of these minutes) Motion,carried P. C. Oli ger Mir�inermit, Fee — Morgan moved, seconded by Pott, to insErucn£ £ dmmInT st'ra or o order the pile of fill removed as a public nuisance. Motion carried 5-0. CITY COUNCIL MEETING AUGUST 21, 1979 M ADMINISTRATOR'S REPORT: A. Representative Levi - Representative Connie Levi will meet with iEeZ'ouncil October , 1979, at 7:30 p.m. to talk over the prime ag bill, new subdivision regulations, watershed law, etc. Representative Levi would appreciate any Council comments or concerns before the October 2 meeting. B. DelaHunt, Voto - 1980 Contract - Morgan moved, seconded by Mottaz, o accept the -contract from DelaHunt, Voto, auditors for a fixed rate contract estimated to reach a maximum of $6,000. Motion carried 5-0. C. Dictaphone - no discussion eye' raisal - See beginning of minutes E. Battle Creek Plan - Mayor Armstrong and Administrator Whittaker will contact the Ramsey -Metro Watershed and determine the correct areas and costs for the Battle Creek Plan. F. Licenses - Mottaz moved, Morgan seconded, to approve a sewer license-ior Road Runner Underground Utilities Service, Inc., 600 S. Warner Road, North St. Paul; and a heating license for Ray N. Welter Heating Co., 4637 N. Chicago Avenue, Mpls., 55407; and, a general contractors license GC-79-3, for Universe, Inc. 1345 Arcade Street, St. Paul, 55106. Motion carried 5-0. G. Other - Tartan Park Drainage letter l not guarantee the preliminary fund. Pott stated that if they are not willing to guarantee the preliminary fund then the City should forget the whole thing. The Council agreed. The Council did agree to petition the project if 3M would guarantee the preliminary fund, and if the project is cost effective. BUDGET: The City will discuss the Budget on September 4 at 7:30 P.M. WATER BILLS: Residents who are more than two (2) quarters in arrears on their water bills have been contacted by the City and asked to pay by the 27th of September, or make arrangement for payment. They will be given the opportunity to talk to the Council at the October 2 meeting before the amounts ounts are certified for collection to the.County. -5 BEUTAL POND: Morgan and Pott were appointed to a committee to assist the Administrator in responding to the DNR letter on the City permit request. PUMPING ASSESSMENT: The City of Lake Elmo received appeals from'Pumping Assessment III, from Harry and Beth Zabrock and Conrad Adams. ADJOURNMENT: Mottaz moved, seconded by Morgan, to adjourn at 11:10 p.m. Motion carried 5-0. 4 R79-39 RESOLUTION CITY OF LAKE ELMO WASHI.NGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A SPECIAL USE PERMIT TO LEONARD HANSON WHEREAS, the City Council of the City of Lake Elmo has received an application from Leonard Hanson for a Special Use Permit for an open sales lot and an advertising sign on his nr_operty legally described as follows, to -wit: That part of the Southeast Quarter of Section 35, Township 29 North, Range 21 West, lying North of the Northerly right- of-way line of Trunk Highway #12 being the South 627.9 feet of the West 618 feet there- of. Containing 8.9 acres, more or less. WHEREAS, said Leonard Hanson has also requested a rezoning from SFU.to GB on the above described premises: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo as follows, to -wit: 1. The requested Special Use Permit for an open sale lot and advertising sign is hereby granted provided the sign shall be limited to four (4) feet by eight (8) feet and be a non -flashing illuminated sign, and provided the present ponds will he kept clean and will not be filled. 2. The requested zoning change from SFU to GB is hereby granted provided the applicant complete the purchase; and provided the applicant agrees to accept whatever zoning is determined for the property in the comprehensive plan now being considered by the City of Lake Elmo so long as this permits the sale of horse trailers. 1 3. The applicant shall sign a copy of this resolution indicating his agreement with its terms and conditions. 1979. Adopted by the City Council this at day of Thomas G. Armstrong, Mayor Attests Laurence Tahittaker City Administrator x hereby agree to the terms and conditions of the above. Resolution for a Special Use Permit.. Vi:in\irS)\ Leonard Hanson i Pi 2 -