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HomeMy WebLinkAbout08-07-79 CCMCITY OF LAKE ELMO CITY COUNCIL MEETING, AUGUST 7, 1979 Councillor Pott convened the meeting at 6:32 p.m. with the following Councillors answering the roll: Johnson, Morgan and Mottaz. Mayor Armstrong arrived at 6:35 p.m. Also in attendance Administrator.Whittaker and Engineer Bohrer (7:00). AGENDA: Armstrong moved, seconded by Mottaz, that the Agenda be -approved with the following corrections: Delete Mayers appraisal and Kaiser hearing; and add license for JAYCEES for Huff and Puff Days, the Firemen for Street dance, and Mitchel Heating;_,and_ discussion on Double-feeing for permits; change in hearing requirements for Flood Plain Management and Shoreland Management permits when another government body has already held hearings on the project; and discussion on Planning Commission concerns about hearings held by the City Council. Motion carried 5-0. MINUTES: Morgan moved, seconded by Mottaz, that the Council approve the minutes of July 17 meeting deleting the reference to Resolution 79-34- Motion carried 5-0 Armstrong moved, seconded by Johnson, to amend the minutes of the June 19, 1979 City Council meeting to reflect that '4 a person in the audience" made the remark that Brookman Addition may be the cause of the water problem, in Lake Elmo Hardwood Lumber's parking lot. Motion carried 5-0. CLAIMS: Morgan moved, seconded by Mottaz, that Claims ##79460 to 79516 be approved, excepting ##79484; and adding #19506, a refund to Howard Springborn for a $224-55 overpayment of park donation for Green Acres. ##79516, then becomes the final payroll check. Motion carried 5-0. CONSENT RESOLUTION: Resolution 79-36 - Armstrong moved, seconded by Pott, the Council adopt RESOLUTION 79-36, a Resolution adopting consensus motions made by the City Council August 1, 1979, at a 'Workshop Session. (Copy attached to and hereby made a part of these minutes.) Motion carried 5-0. WALTER PECHAN: Variance to Sell 6 Acre Parcel off Keats and Future 46th Street. Mr. Pechan appeared before the Council in March of 1979. At that time the Council denied his variance request; but, said that if Keats Avenue were brought up to rural standards and a maintenance agreement were entered into with the City it would be reconsidered. Mr Pechan has agreed to these conditions. Mr. Pechan is proposing to dedicate 50 feet for the extension of Keats Avenue. The proposed extended alignment is off -set by approximately 17 feet from the existing Keats Avenue. The Council questioned the necessity of up -grading the present driveway to the present standards of Keats Avenue. Mottaz felt this may set a policy precedent by not requiring the up -grading. He also questioned how many like situations are in the City. This is a separately taxed, land -locked, 6 Acre parcel. Armstrong moved, seconded by Mottaz, to instruct the Engineer to look at and set the standards for the driveway; and, have the City Attorney draft an agreement for road maintenance, dedication and emergency vehicle access to the property. Request tabled until the next meeting. Motion carried 5-0. PUBLIC INQUIRIES: None CONTINUATION OF THE COMPREHENSIVE PLAN HEARING - Arlo Levi - representing the 3M Company - Mr. Levi wanted to reaffirm 3M's position on Carlton Park. 3M has expended millions of dollars on preliminary planning anEIS Study and land acquistion. CITY COUNCIL MINUTES, AUGUST 7, 1979 —2— COMPREHENSIVE PLAN HEARING CONTINUED: 3M They also spent 22 years going through procedures with the City. They did not request rezoning of the property; but, the last Comprehensive Plan was changed to provide for the 3M facility. Their present plan is adequate until 1985; and , they want the City to recognize Carlton Park in the present Comprehensive Plan. Mr. Levi asked for an explaination for the change in the plan. Mayor Armstrongread the letter from �M dated December, 1977; and, said based on is letter, the City did not feel 3M was going to actively pursue the development at this site. Mayor Armstrong stated that, when 3M comes in with a plan for development, the City will review it. Councilman Mottaz stated 3M did not show good faith. 3M dropped the ball when they indicated they were going to leave the state. The City believed this. Now 3M is coming back back and saying Lake Elmo is not going to operate in good faith and is suggesting to join others and sue Lake Elmo. Mr. Levi stated 3M did not say they were going to move out of the state. Mayor Armstrong stated 3M should come back in with plans when they are ready to develop the property. Mr. Hutchinson — Read statement giving the bac4round of the property. IJu6 to tne location of the property, its proximity to the airport, 212, and the railroad tracks, and the fact it has been zoned Industrial for 20 years; Mr. Hutchinson believes that Industrial Zoning of the property is the only logical zoning. This property should remain industrially zoned and he should not have to go through rezoning. Ward Holiday — Owner of 15 acres on County 15 and 30th Street and 3 —acres on Highway 212. He questioned whether this plan is looking forward or way -back. He invested in this land because of its potential for subdivision and development. (Mr,ljoliday presently has a 22 acre parcel zoned commercial. This may fall into the GRU area.) Mayor Armstrong said those who oppose a particular zoning should come to the zoning hearings, later this summer — Dick Hesse — Requested the Council take a straw ballot of those ern in the audience who live on 10 acres or more, who are opposed to the plan, and will be included in the GRU area. The majority were opposed. He feels 5 to 10 acre lots will not keep the area rural. He suggested clustered housing on 12 acre lots. Mayor Armstrong indicated the PZC proposal of 7 homes per 40 acres provided this. Mr. Hesse feels the present plan does not give them any options for use of their land. Councilman Mottaz wanted the record to show there were approximately 12 property owners in the audience; this does not show the majority of property owners in the City. Mr. Hesse stated that no one in the room, who owns property is for the plan. Tom Armstrong said this is not true, as he owns land. Vince Douglas — Disagreed with the statement made by Councilman Mottaz. 7779tated the City has a petition from residents who own in excess of 3,000 acres in Lake Elmo. He asked if the Council does not consider this the voice of the people. The business community also submitted a petition. He feels the Council is totally disregarding what the people in Lake Elmo are saying. He suggested the area between 212 and the railroad remain industrial; the area between 36 and the powerlines be zoned industrial; and proper consideration for commercial development along Highway U be given. Mayor Armstrong explained the City has an obligation to plan for development where the City expects it and can accom— modate it between now and 1990. Past estimates of population and development have been wrong. Property in the City is being zoned to its present use. Whan a different use is desired, the request will be reviewed by the Council. The City is not going to allow bad development. Spot zoning is not responsible action. The plan shows where business and housing will generally go in the next 10 CITY COUNCIL MINUTES, AUGUST 7, 1979 -3- V�nce,D2uglas continued - years and proposes areas where they w==-Vvc"go=n the next 10 years. Bill Boylan - Supports the idea of clustered housing. Questioned what would happen to the remaining 30 acres after 10 acres has been clustered. He is concerned the remaining 30 acres may be abandoned or fall into absentee ownership. He suggested the 5 acre minimum may be of some merit here. The land will be in control of the land owner and he has an option open to him if he chooses to exercise it. Martin Cohn - Federal Land Co. - Requested the City include t eaTi r lanT-in the Comprehensive Plan in the manner proposed by his plan. The proposal is in conjunction with a letter sent to the City from their planner. Carl Dale. They ask the City's consideration for this proposal. George Kreiger - Still feels the City should sit down with--resi"-""dents and discuss what the people want. He is against the 1 per 40 acre zoning. Maynard Eder - Many of the projections in the previous plan d3 not happen for good reasons: energy, inflation, etc. Washington County has had consistant development with very good planning. Requests the Council look at all the factors. Sit down with two groups in the City, the large land owners and residents in the northeast area; and, work out a plan they all can live with. Councilman Johnson - questioned if this plan is significantly a-ifTerent than w at we have worked under in the past. IIe does not see the changes being discussed. Ed. Whittman - Does not feel Lake Elmo has to worry about a 50,000 population. They have all this open land and no one to propagate it. He feels this plan is creating a hazard for land owners. How can a land owner dispose of his property with all these restrictions on it? He feels much of the property will end up land -locked and road costs will make sale of the property prohibitive. He suggests the minimum lot size should be 13 acre and he feels the minimum restrictions should apply.throughout the City. Lake Elmo could not be filled up with people in 50 years These restrictions do not address the needs of older residents who desire to sell their land. Mr. Jim Barton - Metropolitan Council - Lake Elmo is not uniq eueu as many communities are going through the same planning questions. Planning is -now getting more realistic. The Metropolitan Planning Act requires communities to plan for only 10 years. The S!+stems Statement identified the capacity reserved for Lake Elmo; and, planned for the Lake Elmo sewer availability. The capacity is 6,000 units. The 3M capacity was also allocated and the City should plan within these capacities. If the City needs additional capacity, the regional agencies might need as much as six years lead time. CITY OF LAKE ELMO CITY COUNCIL MEETING AUGUST 7, 1979 -4- Mr. Jim Barton -continued - If such a structure is built prematurely, it creates a premature demand. If the MUSA (- line is indicated along the western border of the City other communities could request.the capacity. This holds true alao if the line is indicated elsewhere, but not used. Councilman Pott indicated that the City would have a better case to retain these units if an area is designated. Mr. Barton indicated that he does not foresee Woodbury or Oakdale needing Lake Elmo's capacity. Councilman Johnson directed to Mr. Levi - In order to complete the Comprehensive Plan, it would be helpful to know of 3M's time table and plan for the 10 year planning period. Mr Levi stated the Maplewood site is adequate to 1985. 3M has not chucked the Carlton Park idea; and they don't want to repeat the work they have already done. Johnson questioned whether they could realistically use plans that are 10 years old. Mr. Levi indicated the PUD and land usage aspect can be used. Councilman Mottaz noted 3M has never requested a rezoning of this property. 3M stopped the process just before a rezoning request. Mottaz does not see how the GRU designation is harmful to 3M. Mr. Barton indicated that if Carlton Park is not abown on the Comprehensive Plan the City will have to go through the process of revising < its plan. Councilman Pott indicated the the previous Comp Plan was changed to accomodate Carlton Park: Mayor Armstrong closed the hearing on the Comprehensive Plan at 8:35 p.m. Councilman Pott desires some planning beyond 1990, in the Comprehensive Plan. The Council will discuss the proposed plan at the next regular meeting. BREAK ENGINEER'S REPORT: A. Flood Damage Quotes - Four local contractors were contacted to Submit bids to repair a bituminous flume and roadway ditches in the Lake Jane area. One quote was '*Correction - received. T. A. Schifisky bid*1$2;275. The Engineer A. Schiflky bid recommended the City accept this bid. Federal funding has 62,575. 9/4/79 been secured for the project. Armstrong moved, seconded by Morgan, to accept the bid of T. A. Schifsky for $2,275 for repair of the flume and resodding of the ditches. Motion carried 5-0. B. Schwartz Culvert - The Engineer said the water on eithT eF de of the culvert is the same, indicating the culvert is working. He also reviewed the drainage area and compared it on the USGA map. He could find no natural drainage area from the north. The culvert problems may be caused by it being too short, too low, or the fact the culvert is covered by fill. C. Curb - 1st Street - The resident at 8015 1st Street questioned then d tion of the curb in front of his residence. CITY OF LAKE ELMO CITY COUNCIL MEETING AUGUST 7, 1979 -5- C. Continued - The Engineer indicated amage had been done y a snow plow or heavy truck; and was not due to defective workmanship. The maintenance department will be made aware of the problem and take care of it. D. Foxfire Storm Sewer - The Engineer reviewed the print of the overall drainage plan with the Council. There is no pipe outlet into Lake Jane. Engineer Bohrer reviewed the ponding areas. The one closest to Jane is dry. The VBWD review and the drainage report indicate no water will go into Jane. The engineer did not reevaluate the previous engineers plan, his remarks are based on the VB review and the construction plan. The Council is concerned with the possibility of flooding of pond 19. This is the ponding area closest to Lake Jane. All the other ponding areas are ditched to 19. A review of the storm water run-off report was scheduled for the next meeting. The Council has also received complaints about the road from Foxfire to Jane Road N as being a throughofare. The Engineer indicated this will not be a through street. A gate and sign will be installed. The Administrator will write the developers and inform them the City desires the gate be installed as soon as blacktopping is complete. Also the City would like to review the gate design and work out access for emergency vehicles. Councilman Mottaz questioned if it would be worthwhile for the Council to review the requirements for blacktop roads and verify that the work meets the spgcifications in order to avoid maintenance problems. The engineer will review this question in setting design standards. E. Pepin - Cancelled F. Hardy _ Driveway- At the last meeting the engineer zndi� cated it was available on the Hardy property for the driveway construction. The Hardy's do not desire the City to use the fill that is there. Engineer Bohrer indicated the cost to furnish material only would be $1400. Councilman Morgan stated that if the City must furnish the fill, etc. the project will be too big for the guard to handle. The engineer also questioned the bridge being on property owned by someone other than the City. The engineer will check the bridge location and the City's need for its lot. Mrs. Hardy has indicated she will build the bridge if the City will donate the property the bridge will be on. The Administrator will determine acquistion of the parcel by the City. If the City purchased the property they can deed it directly to the Hardy's; if they obtained it tax forfeit it can be returned to the County and they (Hardy's) can deal with them. The City prefers this solution. The Hardy's would assume total responsibility for the project. OLD BUSINESS: A. Sovereign Petition - refer to the letter from the Valley Branch Watershed dated July 23, 1979. Valley Branch will not undertake the project. CITY OF LAKE ELMO CITY COUNCIL MEETING AUGUST 7, 1979 -6- A. Continued - The Administrator will ask for an estimate of tfie P- re3iminary Fund, so that the petitioners can be advised of the cost. - B. Meyer Appraisal - Will be on the August 21 Agenda C. Code of Ethics - Pott moved, seconded by Armstrong, to adopt Ordinance 7807, Code of Ethics. Motion carried 4-0 Johnson abstained. D. Resolution of Subdivision Park Fee Alternative; Durand CUTD •. Tian man RTTP - seconded by Armstrong, to adopt Resolution 79-38 A Resolution Relating to the Granting of a Special Use Permit to Donald Durand for the Operation of a Boat Launch and Turn -around in the City of Lake Elmo. Motion carried 4-1. Mottaz opposed. The subdivision park fee will be charged on parcels in minor subdivisions recorded after 1968 where no park donation has been made. Pott was in favor of iniating the fee as of 1979, rather than 1968. Armstrong moved, seconded by Morgan to adopt Resolution 79-37. A Resolution Relating to Payment of the Fee Under the Subdivision Ordinance in Lieu of Park Donation. Motion carried 4-1. Pott opposed. Hansen SUP Resolution was not ready. E. Bingo Ordinance - Pott moved, seconded by Morgan to in luc de B� inga -fcensing ordinance in the Codification, when it is adopted. The annual permit fee will be set by resolution. Motion carried 5-0. F. Park Parcels - The Council reviewed maps of City owned property and the county's proposed park acquisition. The Administrator contacted the County about the Nelson property. it was determined they do not hold the fee title to the property nor is the Contract for Deed registered with the County. This property is included in the Regional Park acquisition. G. Other - None NEW BUSINESS: A. Set Revenue Shari__= ng Hearin - Johnson moved, seconded by Pott to see-F the prziposed-use hearing.,,,for Federal Revenue Sharing for August 21, 1979 at 8:15 p.m. Motion carried 5-0. B. Bergmann Flood Assessment - The Bergmann lots had.been comb`— ined`-,were recorded with the County. Due to the error they overpaid the 1976 assessment by $104. 00 Pott moved, seconded by Mottaz to waive their assessment for the 1978 pumping. Motion carried 5-0. C. VBWD Action on City permits for 1005 - Armstrong moved, seconded by Morgan to set Monday, August 13, at 9 p.m. for a Special Meeting to react to the permit ap- plication. The PZC will hold the hearing and make their recommendation at 8:30 that night. Motion carried 5-0. CITY OF LAKE ELMO CITY COUNCIL MEETING AUGUST 7, 1979 -7- D. Kaiser Hearing - Cancelled E. License - Morgan moved, seconded by Mottaz, to approve the licenses for Dependable Heating and Air Conditioning, 2615 Coon Rapids Boulevard, Coon Rapids 55433 and William Peterson, Mitchell Heating, 1229 Payne Avenue, St. Paul 55101 Motion carried 5-0. Pott moved, seconded by Morgan to approve the license for Highlight Homes, Inc., Richard Iiughes, 7510 Concord Blvd. E. Inver Grove Heights 55075. Motion carried 5-0. MISCELLANEOUS BUSINESS: A. Double Feeing - Councillor Pott recommended th Council adopt an ordinaT� nce providing double feeing for construction done without the proper permits being secured first. The Administrator will ask the City Attorney to draft an ordioaace setting a minimum fee of $50 on fees or double the permit fee, whichever is more. B. Huff ,an.. Puff � Liquor License - Armstrong moved, seconded Fey Pott to ssu�-e a -beer lio sne e_ to the Jaycees for Huff and Puff Days. The City will waive the clean-up bond and police requirement. Motion carrie d5-0. C. Firemen's Street Dance - Armstorng moved, seconded by Jo nson, t' to issue a beeer license for the Firemen's Street Dance. The clean-up bond requirement will be waived, there will be police supervision. Motion carried 5-0. D. County Planner - The City Council will meet the County Planner, Bob Lockyear at 5:30 p.m., to discuss the Regional Park. E. Deliquent Water Bills - Several residents are over two quarters delinquent on their City Water Bills. These re- sidents will be notified by letter and phone before a hearing is held to determine collection. Armstrong moved, seconded by Morgan to set a hearing for Octover 2, 1979, to consider certification of delinquent water bills to the County for collection with taxes. F. Administrator - Seminar on Personnel Evaluation ffo__tf_aTmbv6d , Morgan seconded, to approve tree 20 registration fee for the Administrator to attend a seminar on performance evaluation and budgeting. Motion carried 5-0. G. Tartan Park - The Administrator will write a letter to Valley Branch requesting their response on Tartan Park surface water problems; and request response by September 1. ADJOURNMENT: Pott moved, seconded by Morgan to adjourn at 10:1.3 p.m. I R-79- 38 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO THE GRANTING OF A SPECIAL USE PERMIT TO DONALD DURAND FOR THE OPERATION OF A BOAT LAUNCH AND TURN -AROUND IN THE CITY OF LAKE ELMO WHEREAS, the City Council of the City of Lake Elmo has considered an application submitted by Donald Durand for the purpose of pavinq* , a boat launch and turn -around on his property on Lake Elmo Lake; and WHEREAS, this matter has been considered by the City Council at numerous meetings and hearings on the matter: NOW, THEREFORE, BE IT RESOLVED, by the City Council. of the City of Lake Elmo as follows: 1. Said Special. Use Permit shall be granted to the applicant upon the following terms and conditions: a) the applicant obtains the necessary County permit b) the applicant allows no more than 11. boats to be launched at any one time c) all said boats shall be either non -motorized or operated by persons who intend to fish. This condition is intended to specifically prohibit launching boats for the purpose of water-skiing d) the applicant not exceed the legal non -conforming use of his property d) the applicant provide sufficient off street parking for all customers e) the applicant agrees to these conditions. Adopted by the City Council. of the City of Lake Elmo this _2_ day of _Atnust , 1979. Attest: Laurence E. Whittaker, AdminTsItYator. I have read the foregoing terms and conditions of the Special Use Permit granted to me and I hereby agrQ to its t rms., �D6nald Durand R-7 9 --a7 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RELATING TO PAYMENT OF THE FEE UNDER THE SUBDIVISION ORDINANCE IN LIEU OF PARK DONATION WIiEREAS, the City of Lake Elmo has adopted various sub- division -ordinances providing for donation of park land or in the alternative the payment of a fee to the City; and WHEREAS, since October 3, 1968, the City of Lake Elmo has by ordinance regulated minor subdivisions which were exempt from the'park dedication requirement; and WHEREAS, the City Council has now determined it is in the best interests of the City to collect a fee in the amount of $1.75.00 in lieu of park land dedication on all those minor lot subdivisions occuring since October 3, 1968: NOW, THEREFORE, BE IT RESOLVED, by the City Council. of the City of Lake Elmo: 1. Effective .immediately all minor subdivisions occurring since October 3, 1.968, shall pay to the City a fee of $175.00per. lot, in lieu of park donations, at the time a building permit is issued for that lot. 2. The City Administrator is authorized and directed to determine what parcels are effected and to collect said fee. Adopted by the City Council of the City of. Lake Elmo this p day of �ita.g„G* 1979. WT�mas G. Armstrong, Mayor 1 Attest: ACl,iw� � • W LGCt Laurence E. Whittaker,W Admanl k ator