Loading...
HomeMy WebLinkAbout09-04-79 CCMCITY OF LAKE ELMO, CITY COUNCIL MIE;TING, September 4, T979 ( Mayor Armstrong convened the meeting at 7:30 p.m. Councilors in attendance: Morgan, Johnson, Pott, Mottaz (7:45), also Administrator Whittaker and Engineer Bohrer. AGNEDA: Additions - Yield Signs in Tablyn Park II, hours correction on Limitations on Boats and Boating, Sunfish Park gate repair, Lions Park ballfield, and City policy concerning wood removal on City streets and in City Parks, also announcements from the Administrator. Armstrong moved, seconded by Morgan, to approve the agenda as amended. Motion carried 4-0. MINUTES: August 21, 1979 - Correction page 4, paragraph 2, Irvin Court Drainage - ........ Either the developer or the City should pay their cost. As much as $3,000 will be assessed. Armstrong moved, seconded by Morgan, to approve the minutes of August 21, 1979, as amended. Motion carried 4-0. August 7, 1979 - Correction page 4, paragraph 5, Flood Damage Quotes - ..... One quote received. T. A. Schifsky bid $2,575. Morgan moved, seconded by Armstrong, to amend the minutes of August 7, 1979. Motion carried 4--0. CLAIMS: Morgan moved, seconded by Armstrong, to approve Claims 79549 thru 79582 and add the Administrator's Expense Account. Motion carried 4-0. COUNCIL RETORTS: *Correction 9/16/79 A. Pott - Relief Association Accounting - Pott would like the City Delete - an hour per to pe�the Basic accounting Tr-tHe Fireman°s Relief Association. Xuarter and 1110 hourdie feels this would take about*an hour per quarter. per year." Morgan moved, seconded by Armstrong, to authorize Marilyn Banister to do the books for the Fireman's Relief Association. Motion carried 5-0. Yield Si in Tablyn Park II - Pott has received a call concerning ra is coming OUT, 01 THEyn Park II, at 27th Street and Ironwood. The Council agreed to wait and see how much traffic is generated once the new development is complete, before making any decision on traffic control. B. Morggan - Park Shelter - Morgan suggested the shelter be rebid by Toca%on�ractors and then have the Park Commission decide on the contractor. The Park Commission will meet next Wednesday to firm up the specifications. Pott moved, seconded by Armstrong, to approve letting bids to local contractors for the Park Shelter. Motion carried 4-0. v) �,ti Seeler Land Sale - Morgan inspected the property. He said it was a nice piece OT property, but did not feel the City was in a financial position to purchase it. Mottaz moved, seconded by Armstrong, to request Valley Branch Watershed to consider purchase of, or acquistion of drainage easements on, this property around Sunfish Lake. Motion carried 4-0. CITY COUNCIL MINUTES, September 4, 1979 -2- Sunfish Park Gate — The gate g)ing down to the valley at Sunfish Park was van ize organ requests the maintenance department repair it as soon as possible and put a cable across immediately, as an interm measure. Lions Park — The ball diamond has been reoriented. Wood Cutting — Morgan stated the Park Commission is opposed to residents cutting wood in the City Parks. Residents would be allowed to cut wood along City streets and park boulevards with a permit signed by either the Forester or Building Inspector. Morgan moved, seconded by Mottaz, to give permits free of charge to residents wanting to take down dead trees on City boulevards. The permit holder will sign a waiver releasing the City of all liability and will also be responsible for removing debris and cleaning up the cutting site. He will also be responsible for debarking and stump removal for diseased elms. Motion carried 5-0. C. Committee Schedule Surface Water — The Administrator will meet with Morgan and Pott at on ep ember 11. Final Salary Review — The Administrator will meet with Armstrong and Johnson a p.m. on September 11. D. 622 Community Education — Morgan volunteered to attend the meetings 5`r is r1c ; but in cated he may not be able to attend regularly. OLD BUSINESS: A. Pechan Variance — Maynard Eder presented the Council with a letter giving e ac round of the Pechan property, dating back to 1972. He stated his objections to this request in the letter that will become a part of these minutes. Ed Stevens, an adjoining property owner, also read a statement opposing the request. Armstrong stated that neither the Pechan or Hartman home would have gotten a permit had the ordinance been followed. A subdivision of this area had been proposed and approved,. but never recorded. Pott said this request is a question of roads. Armstrong said there is, no hardship to the land in this case. Mr. Eder indicated he is not interested in selling an additional 33 ft., to pro— vide for alignment of Keats. Pott said no variance would be needed if Keats were dedicated and a cul—de—sac were put in between the Hartman and Pechan property. The site for the third residence would be about 6 acres. Armstrong moved, seconded by Morgan, to deny this request for variance for the following reasons: 1. The road occupied by and utilized by Mr. Pechan and Mr. Hartman, although on an easement, is not on a street that meets City standards. 2. The road to the third lot would be another extension of a driveway —street which is not up to City standards; and, the lot would not abut on a City street even if Keats were dedicated and improved. 3. There is no observable hardship to the land. The land could be subdivided within the Ordinance. The City Council would reconsider this request if a subdivision plat were proposed. Motion carried 4 1; Mottaz opposed. (Note: Subdivision Ordinance requires platting streets to full right—of—way width and improving to City standards.) CITY COUNCIL MINUTES, September. 4, 1979 -3- B. Pepi_n__Siite and Building Plan Approval - The Council questioned if ( io- naI Iana were available. Mr. epan was not present, but previously indicated it was not. The present parcel is 0 to 3/4 acre and barely meets the set -back now. He will need 300 sq. ft. of drain - field; the request indicates 200 sq6 ft. A primary concern of the Council is access. 36th and 35th Streets are presently used as residential access and are not improved streets. Material deliveries to the business will be made via 35th Street. Semi's would be backing in from County 17. The structure would act as a restriction in the stream bed; this could cause water back-up on area property. The Council expresses the following concerns: the building is 11squeezed11 on the property, the drainfield is not adequate, 36th and 35th Streets are substandard, and the structure poses a restriction in the streambed. The engineer said the site is marginal with all the improvements. No perc tests have been taken. Armstrong moved, seconded by Mottaz, to deg site and building approval for the following reasons: 1. 35th and 36th Streets are inadequate for handling the amount of traffic proposed; and trucks backing up and' loading cannot be handled on site. 2. The area for drainfield is limited; and may not be adequate -tr the required two drainfield sites as business expands. 3. The structure is altering the present stream - bed. 4. The lot is too samll for the use intended. 5. Downstream drainage systems are not adequate to handle the additional run-off. The City Council will reconsider this request if Mr. Pepin can solve these problems. Motion carried 5-0. C. Boat Speed Ordinance - The times of operation in the text should rea o person bad" operate place or maintain any motor boat in or upon any lake in said City between the hours of 8p.m. and 10 a.m. at a speed greater than 5 miles per hour or at a speed sufficient to produce a wake. Morgan moved, seconded by Armstrong, to adopt Ordinance 7809 as cor- rected. Motion carried 5-0. D. Hed es Easement - Mottaz moved, seconded by Johnson, to approve the 5 `nT-Tffff9Wnt with Hedges. Motion carried 4-1. Morgan opposed. Mogrem will begin the work as soon as he gets the Councils go ahead. ENGINEERS REPORT: Engineer agreed to the release. gravel. The Morgan moved, seconded by Armstrong, to approve the bond release for Springborn's Green Acres and Foxfire Estates. The amount for S ringgborn's Green Acres is $35,119.38. The amount for Fox£ire Estates is $M,000. Motion carried 5-0. C. Tablyn Park II Bond Release and Park Donation - The park donation in the addition. The Engineer and developer are meeting on Friday to discuss this. Johnson moved seconded by Morgan to accept the improved walkway as fulfillment of the park donation fbr Tablyn Park II. Motion carried 5-0. The Administrator will tell the Building Inspector to check for erosion on the steep banks. Also, some provisions should be made in Building Permits, making the builder or homeowner responsible for curb damage caused by cement trucks and other heavy vehicles and street clean-up caused by lot erosion. This erosion can be corrected by use of hay bails. D. Drainage Improvements - Jane Road Flume and Ditch Improvements ,ngiL� "Weer BBo rer repor e that Schifsky has completed 60 to 75o of the work. This should be completed by the next meeting, payment will than be due. Hardy Driveway - The Engineer has contacted four excavators for bids. CITY COUNCIL MINUTES, SEPTEMBER 4, 1979 -4- Fire Hall — The Engineer contacted Mr. Seigfried about the work sc eidi "iu e. Mr. Seigfried will give this project priority until completion. Completion should be by October 15. NEW BUSINESS: A. Offt — release of Lots in Lanes DeMontreville Country Club for Auction Mr. Offt owns eight lots and is requesting the City release four adjoining lots for auction. The Park Commission is not interested in the property. Pott moved, seconded by Armstrong, to approve release of lots 526 and 527 and 612 and 613, Lanes DeMontreville Country Club Addition, for auction. Motion carried 4-1. Johnson opposed. Johnson feels the City should retain the lots for future lake access. Road Vacation in Lanes DeMontreville — Only part of Argyle can be vaca7ed. Tennetcannot e vaca e as it services four homes. The Administrator suggested the Council call a hearing on these vacations. The Council agreed to call one later. B. DeMontreville Access Parking — The City is not going to purchase ad"di iona proper y; e par ng in the area seems improved. No Action (This item is in response to County's letter on request for parking area.) C. Shoreland Ordinance — A Special Use Permit has been required in e pas or any a eration of the topography. Any type of building is considered an alteration of the topography. The intent of the Ordinance is to limit soil erosion and sedimentation and to assure no more than 33f of the lot is covered with an impervious surface. The Administrator suggested the Council amend out the requirement for SUP's in the Shoreland Management Ordinance. Permits in the Flood Plain would still require hearings and Special Use Permits. Others would simply require Engineer's review and Council approval. This meets with approval of the City Attorney. Pott moved, seconded by Mottazy to eliminate the requirement for Special Use Permits in the Shoreland Management Ordinance. Motion carried 4-0. Armstrong abstained. ADMINISTRATOR'S REPORT: A. Frozen Main Repairs — There are 14 homes in the City that have frozen warmer 'mains every winter. Three of these homes are on County road 17; and freeze because the County cut the road down. The Administrator will advise the County; and see what their policy is Correction 9/18/79 and ask that the County repair them.* The remaining homes will be Ldd—Whittaker sug— repaired by the City as they are a result of the City cutting down the ;ested, ... road, and, road.* Two of the homes will be charged for the work because they installed poor service lines. Armstrong moved, seconded by Mottaz, to approve the project for the water main improvement. The cost will be paid for out of the Water Fund with those home owners having poor installation being responsible for their own repair. Motion carried 5-0. B. Plow Frames — Mottaz moved, seconded by Pott, to approve the A miss ra ors recommendation to put a new plow frame on the new dump truck. Motion carried 5-0. C. Water Meters — Morgan moved, seconded by Mottaz, to approve purchase oF=new water meters at $42.00 each. Motion carried 5-0. CITY COUNCIL MEETING, SEPTEMBER 4, 1979 - 5- D. Order Vacations and Plat Map Update - the Administrator will get an estimate from £he County. Morgan moved, seconded by Mottaz, to authorize up to $500 for a Plat Map update and a map showing street vacations in Lake Elmo. Motion carried 5-0. E. Zonin Ma - Morgan moved, seconded by Pott, to approve an aadi Iona 0 for a final drawing of the Zoning Map to be done by Washington County. Motion carried 5-0. F. Order Conservancy Zone - The City is required to have enviromental pro em areas iden£1 lamed -in the Comp Plan. A Conservancy Zone Map should be part of the Zoning Ordinance and complete before it is sent to the Met Council. Armstrong moved, seconded by Morgan, to authorize the Administrator to get a proposal for a Conservancy Zone Map from the planner, Rob Chelseth. Motion carried 4-0. Pott abstained. G. Dictaphone •- Mottaz moved, seconded by Morgan, to authorize the mzru r-mar to purchase a dictaphone in the rante of $585 to VIC. Motion carried 5-0- Pott moved, seconded by Morga-q to extend the metting 10 minutes. Carried 5-0. H.Other - See no objection to the Lake Elmo Airport Capital Plan. Moderate Cost Housing - The Met Council has recommended Lake Elmo provy e 710 adfliT—Tonal moderate cost homes between now and 1990. The Administrator will write the Met Council and tell them what provisions Lake Elmo has made and does provide concerning moderate cost housing. The City is not opposed to this but it is not consistant, with facilities provided by the City, the Met Council and its Comp Plan. ADJOURNMENT: Mottaz moved, seconded by Morgan, to adjourn at 10:50 p.m. R-79-43 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING RECONVEYANCE OF TAX -FORFEIT LAND WHEREAS, ,John Offt has requested that the City reconvey the following described land to the State of Minnesota so that he may attempt to repurchase the same: WIIL'REAS, the City does not intend to continue using the said land for the purpose for which it was agreed under Section 282.081 of the Minnesota Statutes: NOW, THEREFORE, HE IT RESOLVED, by the City Council of the City of Lake Elmo that the following described land be reconveyed to the State of Minnesota: Lots 526, 527, 612 and 613 of. Lane's Demontrevill.e Country Club Addition. Adopted by the City Council of the City of Lake Elmo this 4t.h. day of September, 1979. Tlicimas G. ]lrmstrongMayor ATTEST: e , U) urence r.;. wnittaxer,