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HomeMy WebLinkAbout09-18-79 CCMCITY OF LAKE ELMO CITY COUNCIL MEETING, SEPTEMBER 18, 1979 Mayor Armstrong convened the meeting at 5:15 p.m. Councilors in attendance: Johnson (5:45), Pott and Morgan. Also Administrator Whittaker, Building Inspector Kluegel, and Engineer Bohrer. AGENDA: Pay Plan to be considered at the end of agenda. Armstrong moved, seconded by Morgan, to approve the agenda as amended. Motion carried 3-0. MINUTES: September 4, 1979 - Council Reports - Relief Association - Pott ccument: He feels this would take about 10 hours per year. Administrators Report - Frozen Main Repairs - Add: Whittaker suggested the remaining homes will be repaired by the City as they are a result of the City cutting down the road, and two of the homes will be charged for the work because they installed poor service lines. Morgan moved, seconded, by Armstrong, to approve the minutes of September 4, 1979, as amended. Notion carried 3-0. August 21, 1979, Page 1 - Dyer Appraisal - should be $3,500 plus legal and appraisal. Page 4 - Irvin Court motion...... as much as $3,000 will be assessed. Resolution 79-40, Irvin Court and Resolution 79-41, Resolution nwmbers to be noted in the minutes. Armstrong moved, seconded by Morgan, to approve the changes in the minutes of August 21, 1979. Motion carried 3-0. CLAIMS: The Administrator suggested the $2,000, for the Hedges easement should be added This should be paid within the next two weeks. Morgan asked that the Park Fund be reimbursed for that portion of rock that went to the VFW. Morgan also requested he be contacted if there is any question concerning what percentage of work is completed by the park planners. Morgan moved., seconded by Armstrong, to approve Claims 79583 - 79622. Notion carried 3-0. MAINTENANCE BUILDING: Wes Hendrickson, TKDA, Architect. Background - Mr. Hendrickson met two months ago with the Building Committee and discussed the building that was visualized at that time. He has had several meetings since with the City staff to discuss the building use in general. TKDA has prepared four building alternatives for a building to store vehicles in. This could be used for either public works, fire department, or both. TKDA now has an accurate topography of the site and know some of the soil condition factors. Borings will be needed to determine the stability of the soil. The area involved is about six (6) acres. The City requested cost figures, these are included in the four options to be considered. The alternative range from a CITY COUNCIL MEETING, SEPTEMBER 18, 1979 -2- MAINTENANCE BUILDING: convential free standing to a totally earth sheltered building. A. Convential Free Standing Building - 3300 sq. ft. on first level, 80 ft. long with a 10 ft. x 64 ft. mezzanine level on the back. The interior includes a toilet and office or break- rom. Access will either be from the north, using the existing road, or in line with 42nd Street. The structure will be pre- cast reinforced concrete panels. "B", "C" and "D" will have the same .concrete panels forming the roof; "A" will use open web steel joist for the roof. Basically the building for "A" through "D" is the same with each alternative being a little more earth sheltered. Building costs increase as the structure is more earth sheltered, because additional structure in the wall is needed to withstand the soil pressure. The cost range is $100,000 for a free standing building to $165,000 for a totally earth sheltered structure. This estimate is for the building only, no site work or engineering fees are included, but plumbing and gas fired unit heaters are figured in. The Council agreed Concept "B" is most desirable. Expansion appears easier and the wingwalls can be eliminated by regrading the site to provide the needed support. Entry will be from 42nd Street. There will be two (2) fire bays and three (3) public works bays. These bays will be separated with a masonary wall that could be taken down. There will be two toilets and an access from the mezzanine level. Railings for the 'roof will be additional. Before any final decision TKDA will provide fuel saving cal- culations for Council review. Yard storage, placement of interior walls and sanitary facilities will be discussed at the October 18 meeting. Also landscaping to define fire and maintenance areas. TKDA will draw up alternatives reflecting the Council's concept. The idea of fencing in the maintenance area and site alternatives will be discussed. OLD LANDFILL BUILDING; The Administrator .requested TKDA to review the heating problems in the building and suggest sore improvements for insulation. The estimate is $7,000 with an additional $3,000 if framing for insulation is required. This would be necessary, as there is no way to place and attach new insulation over the old. The architect estimated it would take 10 years to realize the cost effectiveness of this project. No action by the Council. YOUTH SERVICE BUREAU: Dale Fuerstenberg - Pott stated that he feels the Council does not disagree with the value of this service, the question is one of funding it it in an appropriate manner. Officer Fuerestenber_g is not here soliciting funds, but to inform the Council of the advantages of the YSB. This is a very effective tool in dealing with juveniles involved with minor violations, on the other hand, the Courts accomplish little by hand slapping. The Bureau deals with restitution, acts as an alternative method to court, and involves juveniles and their parents in counciling programs. The reaction from the juveniles when police refer them to the Bureau is more favorable. CITY COUNCIL MIIVUTES, SEPTEMBER 18, 1979 -3- YSB: Last year four (4) out of 15 communities in Washington County contributed to the Youth Service Bureau. This year they are requesting $5,372 from Lake Elmo. Many of the com- munities are asking the Human Services Department to evaluate this program, and asking the County to manage and coordinate it. Mayor Armstrong suggested appropriating $3,000 for one year while asking the County to assume financial responsibility for the Youth Service Bureau in 1981. The YSB does not want total County funding, because that will mean County control. The Council feels the one year stipulation will force the County and the Bureau to make a final determination of financial obligation. Councilman Johnson feels this is a better approach for handling juveniles than we have now. Officer Fuerestenberg stated this program works; and this is one agency where written results are sent back to the officer. The Administrator will ake the Auditor if Revenue Sharing Funds can be used for this.. No action was taken. PLANNING REPORT: A. Hanlon/Sjoblom - Fill Permit A request to raise this property to 924. PZC recommended denial of this request, since it is prohibited by the.ordinance. The PZC did not want to encourage filling of storage area, as this would increase the flood all around the lake. The Administrator verified this with Valley Branch and the standard they follow is that the filling cannot raise the level of the lake more than 1/10 ft. Valley Branch said that if each resident filled to the level of Hanlon and Connors the lake would not go up more than 1/10 ft. DNR will issue a permit to protect a building, but not to create a better beach or better appearing lakeshore. Mr. Hanlon suggested dredging out the area and filling. This would.solve the problem of removing storage area and no variance would be necessary from the Flood Plain Ordinance. This would allow him to regain and stabilize some of his yard. Johnson, moved, seconded by Armstrong, to deny this request. Motion carried 3-0. Morgan abstained. The Council agreed dredging may be a possibility. Johnson, Morgan, and Pott had no opposition to the idea. Armstrong had no opinion. A DNR recommendation is needed before any consideration could be given. B. Meyer/Schubert Land Sale The Council reviewed the letter from the City Attorney and a sketch of the property. The Attorney's opinion was that the prior legal contract for the option sale of this property, made before the Subdivision Ordinance was amended; prevented the City from standing in the way of the sale. Meyer is adding a 10A parcel, off of Keats, owned by Schubert, to the back of his property. This is not a buildable homesite. The Administrator recommended a survey of the entire parcel so the City has a clear defined parcel on its records. CITY COUNCIL MINUTES, SEPTEMBER 18, 1979 -4- MEYER/SCHUBER: Armstrong moved, seconded by Johnson, to approve the large lot subdivision for Meyer/Schubert Land Sale, subject to receipt of a survey of the final two resulting parcels. Motion carried 4-0. C. Jim Schultz, 8211 DeMontreville Trail N. - Shoreland Perm Mr. Schultz wants to add to his garage. The roof line will b extended 12 ft. for the addition. The garage is 24 ft. above the water level at floor level. This request meets all the City Ordinances and setbacks. Morgan moved, seconded by Pott, to approve the garage addition for Jim Schultz. Motion carried 4-0. D. Mrs. Don Erickson, 8224 Hidden Bay Trail - Shoreland Permit. The Ericksons want to wild a garage at the end of their driveway The backside of the garage would be dug into the hill with boat storage underneath. This request meets all the City Ordinances and setbacks. Morgan moved, seconded by Armstrong, to approve the garage permit for Don Erickson. Motion carried 4-0. A. Hardy Driveway - The Engineer reviewed a survey showing the Hardy property and the City's two parcels. There is a 16 1/2 ' strip of land between those parcels and remaining property. It appears to be the remains of an old road bed. The bridge foundation is not on the Hardy or City property; but is on a triangular piece of unclear ownership. The tax records show Lowell -Reid -as-- - owner, ut he indicated he does not have a deed nor does he pay taxes on it. It may be tax forfeit. At one time, he granted easement rights to the ,previous owners of the Hardy property for access to the property. A title search may be necessary. The County is in the process of purchasing this parcel and they may be willing to grant an easement to the Hardy's. Bohrer had two bids for the driveway: Pete Miller Excavating, $5,250; and Carl Olinger, $5,116.06. Bids were high because 500 additional yards of fill will be needed and the work will take more than two days. They will also remove and dispose of the 4' diameter culvert. Pott asked what the City will get out of this work. The intent was to clear the channel, and reduce flooding upstream. The original plan was to remove two small culverts and put in oversized ones for $11,000. This driveway was considered a less costly alternative. The cost could have been cut had material on site been used and the National Guard done the work. The Engineer indicated that since there is more than 11 ft. difference in elevation in some places all the fill material could not comma from the site. Armstrong moved, seconded by Johnson, to accept the .low bid, Carl Olinger, and begin work on the improvement. Discussion - Morgan questioned the possibility of compromising the height of of the driveway to half of what Hardy's desire in order to keep the cost to the City more reasonible. CITY COUNCIL MINUTES, SEPTEMBER 18, 1979 -5- HAE2DY DRIVEWAY: This motion is contingent upon an agreement drafted by the City Attorney whereby Hardy's bear total responsibility -- for access across the creek, the bridge to be built at their expense without City authorization or backing. Mrs. Hardy also questioned a driveway guarantee after construction is complete. Vote: 2-2. Pott and Morgan opposed. Armstrong moved, seconded by Morgan, to approve $2,500 for the Hardy driveway improvement plus $300 to be paid the Hardy's for the bridge; subject to all easement, bridge, fill, etc. agreernents being in order. Notion carried 4-0. B. Consent Resolution Pott moved, seconded by Morgan, to approve Resolution 79-47. Resolution attached to and hereby made a part of these minutes. Motion carried 4-0. Schifsky will send an invoice for the file. D. Other'= Fck�t£ire Gate The school district has requested a key to the Foxfire Gate for the school bus. The Engineer reported the gate is still intact; but the chain has been cut. Armstrong moved, seconded by Morgan, to approve giving School District 834 a key to the gate at Foxfire to allow the bus access. Motion carried 4-0. PAYNE CULVERT: The Administrator talked with Mrs. Payne. She indicated the damage done to Keats was not done by her culvert but by a farmer next door. The Administrator requested the Engineer look at the culvert and the driveway and make a determination on who is responsible. Morgan moved, seconded by Armstrong, to authorize the Engineer to inspect the culvert and driveway on the Payne property and relate his findings to the Administrator and City Council. Motion carried 4-0. Armstrong questioned whether the realtor listing the Payne property was aware that a five (5) acre parcel cannot be sold, landlocking the remaining 37 acres. The Administrator will con- tact the realtor and inform him of the City's Ordinance. CONSENT RESOLUTION 79-44: Morgan moved, seconded by Pott, to approve Consent Resolution 79-44 (attached to and hereby made a part of these minutes). Motion carried 4-0. DELINQUENT WATER BILLS: In discussion, Pott expressed concern that the City has created an enviroment where the City has not exerted pressure for payment of past due bills. Now the City is pressuring them to either pay in the next 60 days or it will be put on their taxes. He agrees the money should be collected; but is opposed to the method being used. All twelve delinquent accounts have been notified by letter. The Administrator has talked to some and intends to telephone those who have not contacted him by next week. Armstrong stated he is still in favor of holding the hearing. The bills do not have to be assessed; but this will give the City an opportunity to know what approach to pursue. CITY COUNCIL MINUTES, SEPTEMBER 18, 1979 WATER BILLS: Johnson suggested the Administrator inform the people when he calls, that if arrangements for payment have not been made by the second of October the Council requests they come in at 6:30 ( October 2 for an informal discussion with the Council, Morgan, Pott, and Whittaker will be present. ZONING ORDINANCE: The following changes and recommendations were reviewed by the Council: I. Hutchinson — North of the tracks is proposed LI post 1990. The RR zoning on the map is consistant with the philosophy of demand zoning. Rezoning will be reviewed when a plan comes in. 2. Hedges —Sovereign — Property of George Hedges, Ken Sovereign and Brian Crombie will be designated R-1, their ultimate use on the Comp Plan. These parcels are surrounded by R-1, but are undeveloped. 3. Dayton Hudson — Unless the Council chooses to change the Comp Plan, this property must remain RR. It is desirable to encourage cluster development. A PUD is always an option. To zone this property R-1 now is premature since it is at least a mile away from other residential areas and all City services. Goose Lake — The City sees no reason to change the classification of Goose Lake from natural enviroment to recreational development at this time. No plan is before the City showing a different kind of use for the property. It is up to the City to request reclassification. Reclassification would change the setback from the lake and minimum lot size requirements. Daytona felt the two acre lot size, required around a natural enviroment lake, on top of the RR zoning is a burden. The Council decided to leave the designation as is until there is a plan for development. 6. Halliday Property — The Council decided to maintain the GB zoning of the triangular parcel owned by Ward Halliday. 7. Platting all land in the 7/40A zones will be required. 8. Gonyea — Council sees no reason to change the policy on present use zoning. When a plan is brought in the Council will review it for requested use. This area is planned for business use, but is not being used as such. 9. Cimarron — 2 problems — liquor, establishment should be in a Commercial zone, but is not; and the other uses are of a Neighbor— hood Commercial nature, which requires a Special Use Permit in the Mobile Home District. The Club House, laundromat and golf shop could be in the SUP; but the bar and sales are commercial GB. Alternatives: 1. The 'bar' could be zoned commercial when the property on the corner is sold for commercial. Cimarron is in the process of negotiation now. .2. The City could take the risk and zone it all commercial now. In order to resuue the liquor license, the property the liquor store is on would have to be surveyed and zoned Commercial or the whole corner would have to be rezoned. Mr. Taylor stated they bought Comarron as a Mobile Home Park with a corner clas— sified commercial; and are dealing with potential buyers for the corner with that understanding. He requested the Council give them time to complete their negotiation. They would present a more comprehensive plan of what can and will be done commercially on the property, at that time. Armstrong still feels present use should be maintained until a request for rezoning comes before the Council. He suggested rezoning the Club House and the Sales Lot Commercial. The remaining property would remain present use. The Council decided to pass on this issue until Cimarron comes in with plans. CITY COUNCIL MINUTES, SEPTEMBER 18, 1979 —7— Cimarron - Mr. Taylor also would like to see the remaining property, excluding the 'commercial} property, stay in the Mobile Home classification, with a SUP for the golf course. t The Administrator said this special use would have to be created in the Mobile Home District in addition to Neighborhood Commercial, but anticapated no problem in adding the golf course. This area is indicated Public on the map. The Council decided the golf course will remain a part of the Mobile Home District and operated under a SUP. CHANGES IN THE MAP: All of the Springborn Preliminary Plat for Green Acres will be included in R-1. AG designation .include, Schiltgen, Wheeler, Armstrong, E. Raleigh, Kern, Kindler, Bergman, Friedrich, Sullwalk and Sliney. Beutal's Outlot on the proposed plat is RR. Parcel owned by Pete Durand on 20th Street will be put in RR - this parcel did not meet all the requirements for R-1. CHANGES IN THE TEXT: Administrators recommendations in memo of 9/12/79 to become a part of these minutes. Club or Lodge - definition from the State Liquor Code. The Administrator will review this definition with the City Attorney. Pg. 10 - no. 69 - "public garage" now called "repair garage,I. - side lot line now defined as anything but the other two. Definition 96 deleted It - no. 117 - Planning Commission now known only as Planning Co—mmr sssion P .-16 - structure to be defined. Pa. L - clause added £efering to the time table for platting Wi 1aam Stouvenal - read letter from Kelly Brookman requesting a Limited anufacturin� uses for property not be eliminated from the text. The Council agreed SUP's are a necessary tool to control what goes in a business area other than what is allowed under the GB designation; and will permit limited manufacturing by SUP only. Lake Elmo - The building elevation for Lake Elmo is changed to 892. Dorothy Llyonnss - requested the Hammes property be placed in RR ra er an G. They are requesting RR as all abutting property is RR. The present AG zoning is based on their SUP for miring. She feels the AG zoning is being arbirtarly forced on them because of their SUP for mining. The Administrator suggested they section out that Ae portion of land being mined, and request the remainder be placed in RR or take it out of mining if they have another intended use and place it all in RR. AG is voluntary and can be changed to RR anytime. This area is placed in AG because it is the only zone mining can be done in and AG is the only area where this SUP is allowed. No change from AG to RR. Morganmoved seconded by Pott, to adopt the Lake Elmo Zoning Ordinance.' hiscussion CONSERVANCY ZONES - This is shown only in the two corridors that were studied. The Council decided to delete all conservancy zones until all zones in the City are identified and developed in the Ordinance. SECTION 32 -Title of this area will be changed to General Urban Use. This will be defined in the plan. Highway 12 and County 17 - This area will be designated Commercial now in the plan Motion carried 4-0. CITY COUNCIL MINUTES, SEPTEMBER 18, 1979 —8— MAC AIRPORT ZONING RESOLUTION 79-45: Indicates our interest of being on this zoning committee. Armstrong moved seconded by Johnson, to adopt Resolution 79-45. Motion carried I-0. DOUBLE FEE ORDINANCE 7810: Pott moved, seconded by Armstrong, to approve Ordinance 7810. Motion carried 4-0. MORITORIUM: Morgan moved, seconded by Armstrong, to repeal the Moritorium, Ordinance 7801. Motion carried 4-0. PZC: Johnson moved, seconded by Morgan that the City Council pass a Resolution thanking the Planning Commission for the work and effort put into the Comprehensive Plan and Zoning Ordinance. Motion carried 4-0. Resolution 79-46• DUANE GRACE, PZC CHAIRMAN: Administrator Whittaker read a letter of resignation from Duane Grace. Mayor Armstrong thanked Mr. Grace and commended him for the many years he has served the City. MEETING EXTENDED: FIRE DEPARTMENT RADIOS: Armstrong moved, seconded by Morgan, to approve the purchase of ten (10) radios for the Fire Department for about $100 a unit. Motion carried 4--0. MEYER APPRAISAL: Meyer agreed to pay the $3 500 plus the City°s costs and a five year agreement to pay the City the difference based on 0sqguare footage if he r sold the property. The ouncil wants ,,500, o ts, plus 50' of the increase over $69,500, if sold in five �5� years. DUMP TRUCK AND GRADER TIRES: Armstrong moved, seconded by Johnsom, to approve $1,260 for the purchase of four �4� grader tires and two (2) dump truck tires. Motion carrie 0 ICMA NATIONAL CONFERENCE — 1979: Morgan moved, seconded by Armstrong, to appropriate up to '$750 for the Administrator to attend the ICMA Conference. Motion carried 4-0. VBWD: The Council reviewed the letter from Mr. Hedges discussing reimbursement of the City's out—of—pocket expenses, commencing June 7, 1979 for 1005. The managers did not agree that the figure for pipe rental was necessary, as it was available and paid for when they took over the project. They desire a bill be prepared based on actual labor, fuel, pipe and pump rental, etc. figures. The City has $7,200 invested up to the time Valley Branch took over, Marilyn Banister has compiled an exact amount to date; but, there will be some additional costs incurred before a final figure is determined. The Council agreed to bill VB for actual out—of—pocket expenses plus overhead; and hold any decision on pipe rental and storage charges to Valley Branch. Morgan moved, seconded by Armstrong, to request the $1,200 due the City from the Administrative Fund towards this years $7,200 investment, and request the monies due the City through the Administrative Fund from Oakdale, North St Paul, Mahtomedi, White Bear Lake, and other cities with area tributary to Lake Jane. Motion carried 4-0. These matters will be further discussed at the September 23 meeting. LAKE ELMO LUMBER: Mayor Armstrong received a complaint about outside storage. The Building Inspector will check and see if they are complying with the Ordinance. CITY COUNCIL MINUTES, SEPTEMBER 18, 1979 -9- SPECIAL MEETING: The City Council will hold a Special Meeting Tuesday, September 25, at 7 p.m._ The meeting will be held in the r City Office. ADJOURNMENT: Armstrong moved, seconded by Morgan, to adjourn at 11:50 p.m.