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HomeMy WebLinkAbout10-16-79 CCMCITY OP LAKE ELMO CITY COUNCIL MINTUPES, OCTOBFI? 169 1979 OduAd for Pott convened the meeting at 5:15 p.m. Councilors present: Morgan Mottaz, Mayor Armstrong (5:).E0). Absent Councilor Johnson. Also present Administrator Whittaker. AGENDA: Additions - Pebble Park, Morgan; and Cable T.V., Pott. Mottaz moved, seconded by Morgan, to approve the agenda as amended. MINUTES: October 2, 1979 - to be approved at the November 6 meeting. Morgan moved, seconded by Mottaz to approve the minutes of September 18 and September 259 as written. Motion carried 3-0. CLAIMS: The Council questioned the amount to be paid to Siegfried, as the building is behind schedule by about 30 days. Morgan said the accounting for the work on ski trails, signs, food for volunteers and fuel for the mower used in the parks should be accounted for separately. The Park Department has a DNR grant which these services should be charged against. Snow plowing should also be included. Morgan moved, seconded by Morgan to approve Claims 79654 thru 79699 with the exception of the payment to Siegfried Construction //79669, pending review of a; penalty clause in the contract. Motion carried 3-0. MAINTENANCE/FIRE BUILDING: Wes Hendrickson presented three alternatives, all �- are partly�,earth sheltered. The square footage will. be 3500-3600 square feet, the mezzanine area, will be about 500 square feet or a little larger. The Council previously requested the possibility of having a 'soft' wall which could be removed if the City wants to run the maintenance and fire together in the future, separate sanitary facilities, a break room and rear access at mezzanine level, also a separation between the two uses. Each alternative incorporates some of the criteria based on its design. Alt. 2 provides the desired distinction between fire and maintenance. Alt. 1 provides the break/office area on the mezzanine level, Alt. 2 & 3 provide this sin"the main floor. Expansion, well and drainfield sites are .indicated. The cost is comparable for all the alternatives. The mezzanine level should be 8 to 10 ft. in heighth. Direatives for expansion room in the fire department : 1) maximize the mezzanine storage 2) consideration of floor heating in the maintenance garage 3) Access doors Mottaz moved, seconded by Armstrong, to approve Alternative 2. Discussion: The Council agreed: 1) there should be two central access doors 2) washrooms should be on the main floor with joint access to each 3) office should be on the mezzanine !;) straight line architecture for the building 5) one 50 ft. bay, not three as shown '6) one interior stairway 7) one access from the back mezzanine. These plans will be submitted to the Fire Chief for review. Vote on Alternate 2 - 1 aye, Mottaz; 2 nay; Pott and Morgan; 1 abstention, Armstrong. Pott feels Alternate 2 is inappropriate for the landfill. site. The Council would like to see Alternate 4 with the above recommendations included. _2— LAKE EMMO CITY COUNCIL MEETING, OC'TOBER 16, 19'79 TABLYN PARK SURVEY: Bruce Folz — The original Tablyn Park Survey was surveyed from the wrong oorner mark. There are three survey lines that outline -the perimeter of Tablyn Park I & II. Washington County resurveyed the area about three years ago, found the original monument and have confirmed the correct boundaries. The problem is with the exterior boundary lines, the interior lots axe not affected. There are two alternatives to solve this problem: 1) go to court and have a judge do it; or 2) have the owners exchange quit claim deeds. Twelve lot lines do not agree. Mayor Armstrong suggested a meeting be scheduled for the affected property owners. Bruce Folz and the County Surveyor would attend and explain the situation, The City will assume no responsibility other than notifying the owners and explaining the problem. Armstrong moved, seconded by Mottaz, that the City coordinate the notification of affected property owners in Tablyn Park and no monies shall be expended other than mailings. Motion carried 4-0, DINNER: Christ Luthern Church 19TH STREET VACATION — PUBLIC HEARING: Mayor Armstrong called the hearing to order at 7:30 p.m. He explained the proposal and showed the area for vacation. Cul-ode—saos would be created on both ends of vacated 15th Street by the County on County Park property. The County said the remaining residents and property owners within the park will be bought out within a year. .There was no audience comment. The hearing was closed at 7:40 p.m, Two full weeks notice was not given for this hearing. Therefore, another hearing will have to be held on November 69 1979, Armstrong moved, seconded by Morgan, to schedule a hearing on the 15th Street vacation for November 6, 19799 at 8 p.m.. Motion carried 4-0. STAR TRAILS SNOWMOBILE CLUB: Mayor Armstrong was contacted by Roger Hagen regarding the placement of the Star Trail (snowmobile trail) through Lake Elmo. The trail goes over no City property. Pott moved, seconded by Morgan, to approve the Star Trail through Lake Elmo based on the agreement of 19789 which stated permission be obtained from each land owner, use of the trail is in accordance with applicable laws and no nuisnance is created. Motion carried 4-0, A new letter will be drafted and signed. This will be sent to Mr. Hagen when an accurate map of the trails is received. LICENSES: Morgan moved, seconded by Mottaz, to approve Heating and Air Conditioning Licenses for G & A. Beijer, 9175 Davenport, Blane, Fla.; Edward L. Bliss, 225 2, 2nd Street, Stillwater, Mn.; and, Standard Heating and Air Conditioning, 410 W. Lake, Minneapolia, Mn. Motion carried 4-.0. Armstrong moved, seconded by Pott, to give the Administrator authority to grant a temporary license to a heating or sewer contractor in an emergency situation. Those would automatically expire at the next regularly scheduled Council meeting. Motion carried 4-0. CITY OF LAKE ELMO COUNCIL MEETING, OCTOBER 169 1979 -3- PLANNING COMMISSION RWOMMMi RATIONS: A. Fill permits (shoreland) 1. Hanlon/Sjoblom - 9002 & 9322lake Jane Trail - Mayor Armstrong reviewed the Planning Commission recommendation. Pott requested the Building Inspector check on the contours and estimate the number of yards of fill that are pint in. Mr. Sjoblom stated that he surveyed the lake and only his and Mr. Hanionks lot axe this condition. DNR will have to control and regulate the dredging. Mr. Sjoblom stated the work will be done in an area that is on the lot proper, not in the lake. It is in the water' but not in the old lake bed. Armstrong moved, seconded by Pott$ to approve the Hanlon/Sjoblom request for dredging and fill subject to the DNR permit, VBWD permit, dredging sufficient to compensate for any fill brought in below 924 and the City Building Inspector check this before, during and after. Pott requested Mr. Sjoblom notify the Building Inspector when work is expected to be done. Motion carried 11-0. Morgan moved seconded by Mottaz, that the fee for reapplication be waived.} as both applicants had paid a fee for first application. Motion carried 4-0. CABLE TVs The Administrator sent a letter stating the writer should contact the Minnesota Cable Servico Board. He would go through them and they would come to the City for approval of service areas, Pott does not feel this should be an exclusive franchise$ and suggested the City get some sample ordimnoes and see what can be expected when it does arrive. PZC APPOINTMENT: Mottaz moved$ seconded by Armstrong$ to appoint Chris Curran a, full member of the Planning Commission. Motion carried 4.0. The Council agreed to advertise for an alternate and interview applicants. CITY EMBLEM: .Administrator Whittaker submitted three designs. Mottaz moved, seconded by Pott' to aeoept design # l.using a stencil out with a border. Motion carried 4-0. LANES DEMO14T'REVILLE COUNTRY CLUB STREET VACATION - PUBLIC HFdRINGt Mayor Armstrong reviewed the map and explained which streets are proposed for vacation. The City waives its interest in these streets and the property returns to adjoining property owners. The streets involved are Mack Avenue, a portion of Bennett, and a pgrW= of Argyle. This vacation is based on petitions received from residents in the area. AUDIENCE CCMMMI TS: Darmen Jones - 8015 50th - He has easement access to his property over lots 43 and 56, owned by Mr. Iiagle. Ile is opposed to leaving that portion of Argyle and Bennett open for public access to his property. (The map indicated Bennett would be out-do-saoed at the end of his property.) He wants the vacated 20 ft. added to the pro- perty on the vacated street. l The City cannot vacate a street and not provide public access to adjoining property. Although Bennett does not exist, it is still aplatted public street and legally the homes there must remain on a public street. He proposed to put the cul-de-sac on Mack rather than Bennett. LAKE MAO CITY COUNCIL MEETING, OCTOBER 169 1979 -4- LANES DEMONTBEVILLE CONTINUEDs Mayor Armstrong explained the City is proposing to leave the properties as they are, only those areas indicated would not be vacated, The City is not proposing improving the streets that remain, The Administrator recommended that no further building permits be issued to lots in this area unless they are on improved publio streets. It is questionable whether emergency vehicles could get in and out now. Also, the oul-de-saes will have to be dedicated, Allen Siedel - asked the mewing of dedicating a cul-de-sac, The City would take title and the cul-de-sac would become part of the street, an easement to the public for street purposes.' The cul-de-sac right- of-way proposed will have a 50 ft. radius, Mr. Wood - He is opposed to the Bennett cif. -de -sac. He is afraid of getting more water across his property and the cul-de-sac would take part of his yard. Allen Siedel - asked about the cut -deg -sac on Dempsey. The Administrator stated that there is another lot at the end of Dempsey and the City should consider impxovemnt of this road before another permit is granted. This is the only area in the City where building permits (two within the last year) were granted on an unimproved street or without any private driveway agreement. This allows 4 or 5 houses on Dempsey and no improved public street. a The residents are satisified with the street as it is and do not want the street improved. The property owner of the end lot on Dempsey stated they intend to apply for a building permit, but do not want the street impmoved. The have a letter from the previous owner Mark Lamott, given by the Village stating this is a buildable lot. .Allen Siedel asked what the City has in mind relating to the statement in the memo saying the City would like a petition for street improvements on the remaining roads when the vacating procedure is complete. The lot owner on Dempsey asked what would be necessary for them to build? Mayor Armstrong said a variance would be necessary. This would require bringing the 'driveway' up to the standards for emer- gency vehicle use and provide the property owner maintain it winter and summer for emergency vehicles. If the cul-de-sacs on Bennett and Dempsey cannot be obtained, then Bennett will remain as it is, all of Mack would be vacated, and Argyle would be vacated from Bennett to Dempsey. Argyle will remain open to Hill Trail. Mayor Armstrong closed the public hearing at 9 p.m. Armstrong moved, seconded by Morgan, to table this discussion until November 60 1979. At that time, -the Council will consider vacating everything but Bennett, Argyle to Bennett, Dempsey, and from Dempsey up Arryle to Hill 'grail. If an agreement of property owners can be reached to deed an easement for a cul-de-sac at the end of Dempsey, then Argyle to Hill Trail can be vacated. A public hearing will be held November 6, 19799 at 7:45 p.m, for Lanes Demontreville Country Club street vacations. Motion carried 4-Oo LAKE ELMO CITY COUNCIL MEETING, OCTOBER 160 1979 -5- 13REAKS 15th STREET VACATIONS Residents for the hearing were not at -the 7:30 hearing due to a mix-up of time given in their letter of notification. Mayor Armstrong stated the public hearing will take place November 6, 19799 at 8:00 p.m. A resident asked if the road were not maintained could it stay as it is until next spring so they can use it this winter. The Council agreed this possibly could be done. Armstrong proposed that at such time as the County has purchased the remaining property within the park %thhen the City vacate 15th Street. Mottaz moved, seconded by Armstrong, that the vacation of 15th Street be tabled until such time as the County has purchased all the homes and no Lake Elmo resident has to be serviced by this street. Motion carried 4 0. The Administrator will advise the County of the action the City proposes to take and also request the County for a guarantee as to when all the homes will be purchased. The Council authorized the Building Inspector to Red Tag the vacant houses within the Park and notify the County they will be condemned as a nuisance. Armstrong moved, seconded by Morgan, to authorize the Administrator write the County and inform them the City will start comdemnation proceedings within 20 days if no action is taken by the County to dispose of the vacant houses within the park. Motion carried 4-0. SPECIAL USE PI+,RMITSs The Council reviewed the :List of Special Use Permits. Patti Biomes - Mottaz asked why the shack on the premises has not been torn down. This was a condition of their SUP seven years ago. Before this permit is renewed, the Administrator will check the file and make sure they are in compliance. Voli-Hi - Deputies shall be on duty during showtime on Yriday, Sat- urday, holidays, and when more than 50 oars are anticipated. All Drive -In Business will be by SEP in the future. Pierre's Pier - Durand - This should not be shown on the map as a OUP. The business is a legal non -conforming use, only the access driveway is a Special Use. "be map should be corrected to show this. The remaining SUP's are acceptable without change or question. Armstrong moved' seconded by Morgan, to accept the list of Special Use Permits, and action be taken as was discussed. Motion carried 4-0. MINING PERMITS: J & W Marine - The Planning Commission felt this was originally a temporary use to level out the propertyo this was six years ago. This was inadvertently omitted from the Zoning Map because this area Cis oommeroial, and mining is not permitted in commercial. If they want commercial zoning for J & W Maring then they cannot have a mining permit for Schaefer. Contracting Co. The Administrator will send them a letter stating the mining is a non -conforming use and will have to cease by the end of the year or they will have to apply for a rezoning to Ag and a; new Special Use Permit, or somehow divide the commercial property from the mining property. LAKE ELMO CITY COUNCIL MEETING, OCT0BER 16, 1979 —6— MINING CONTINUED: Armstrong suggested contacting J & W, and have them come in to 'balk to the Council befcro the end of the year. SIGN OR.DINANCEs The Administrator will try and have a draft ordinance on signs ready for November 20, OLINGER FILL PERMIT: Mr. Olinger has hauled in a 'mountain', over 400 yards of black dirt; and is storing it in his yard. This requires a permit. The City has contacted him several times and he has now come in and applied for a permit to store this this fill. temporarily. Two of the neighbors have contacted the City and complained. The Administrator said something should be done as the City cannot allow this amount of dirt to be stored without a permit. Pott moved, seconded by Morgan, to table any decision on this matter until the first meeting in January. Motion carried 3-1 Mottaz voting nay. The City will. contact Mr. Olinger between now and January to discuss disposing of the dirt. This time of year it is hard to sell this oomodity and the permit application is for temporary storage. MEETING EXTENDED TO 10:30 p.m. 1979 CITY CODE: Mottaz would like -the Peddlers and Solicitors section (p.195) *Correction 11/20/79 tightened up. He feels all peddlers, solicitors*and religious ropre• D�Pte-and religious sentatives should be banned from prvate property. The Council representatives. agreed this section should be more restrictive. The Administrator will draft an ordinance and include a sign provision for no solicitors; this would be a violation if the home had this sign posted. This should be ready by the end of November. Mottaz opposed the minimum square footage for houses. The Adminis. trator suggested, in an existing neighborhood the house be 75% of the average of the block but not more than 940 sq. ft. for a two bedroom house. In a non -established neighborhood square footage will be whatever the code permits. Outside storage - Armstrong asked whether there was an exception for farm machinery on farms. He would like the 1112 months following the enactment of this Ordinance1° reduced to six months. Addition under Outside Storage - p. 198 - 7. Farming implements in an Agricultural zone and 8. Firewood storage, for personal *Correction 11/20/79 uses storage time 6 months. This to be handled on a complaint basis Delete -storage time 6 otherwise only when health and safety are endangered. nonths. Temporary Liquor License VFW - The Council agreed to include a pro- vision for temporary on-saleron-intoxicating malt liquor license should be in the Code. The County agreed to grant the VFW a Sunday liquor license for the balance_ of 1979; and to ohargo just $10,00 ( for :that license.. Armstrong moved, seconded by Mottaz, to adopt the 1979 City Codo.with the above revisions. Motion carried 4-0. LAKE ELMO CITY COUNCIL MEMTING, OCTOBER 16, 1979 —7— ,kM RESOLUTION: Tabled ( 201 STUDY HEARING: Armstrong moved, seconded by Morgan to set a public hearing on the 201 study for November 20, 19799 from 7t45 to 8%15 p.m. Motion carried 4-0. This is to define the area to be covered under the grant application. VBWD MENTING: Mayor Armstrong will attend the Valley Branch Watershed meeting, October 22, 1979s representing Lake Elmo, The Council agreed the letters drafted by the Administrator to VBWD and Oakdale relating to linergenoy Funds and Project 1005 Administrative Rmd should be mailed, 24ERGENCY HEATING SHELTER: The City Hall will be designated an emgenoy shelter in the event of a fuel crisis that cannot be handled by the County Human Services Department. The County Sheriff will be notified and a letter will be sent to Governor Quie acknowledging the same, FMLOYFE: INSURANCE: Armstrong moved, seconded by Morgan, to accept the proposed Employee Insurance Program with the exception of Item # 4- Motion carried 4 0. This will be put in the personnel policies with salaries. MUNICIPAL LAW SEMINAR: Morgan moved, seconded by Mottaz, to approve 5 each for the Mayor and the Administrator to attend the Municipal Law Seminar, Motion carried 4-0, DESK CHAIR, AND FILE CABINET: Armstrong moved, seconded by Mottaz, to approve l the purchase of a desk and chair for the Administrater'S secretary and a file cabinet for the :Building Inspector. Motion carried 4-0. ARINTING OF 1979 CITY CODE: Armstrong moved, seconded by Pott, to hire Marjorie Meier to run the copies of the Code. A fee of $25 will be charged for the Code and .f$10 for the Zoning Ordinance. Motion carried 4 0, PARK SHELTER: Morgan suggested asking Kent Vogue to draw a, set of blueprints for the park shelter. The Council agree, Also, due to vandlai.sm and much glass debris Morgan requested that no alcoholic beverages or fires be permitted in City perks without a permit. The Council agreed. The Sheriff's Department will be notified of -this decision. ADJOURNMENT: Mottaz moved, seconded by Armstrong, to adjourn at 11:00 p.m. TitV of �Eakt '�tmo P.O. Box J Thirty-third and Laverne Avenue Lake Elmo, Minnesota 55042 777-5510 AGENDA Lake Elmo City Council October 16, 1979 5:00 P.M. -- Meeting Convenes -- Agenda -- Minutes: September 18, 25, Oct. 2 -- Claims 5:15 P.M. -- Architects--Maintenance/Fire Building Next Step: Ready for Blueprints 6 Bids 6:15 P.M. -- Bruce Folz--Tablyn Park Survey 6:30 P.M. -- "�D.unner, Christ Lutheran Church 7:30 P.M. -- Meeting reconvenes -- Public Hearing --Vacation of 15th. Street -- No Action 8:00 P.M. _- Public Hearing --Vacation of Streets --in Lanes Demontreville Country Club Plat -- No Action 8:30 P.M. -- Planning Commission Recommendations A. Fill permits (Shoreland) 1. Hanlon/Sjoblom 2. Permit Fee --Paid $50.00 first time (one hearing, one notice) B. Special Use Permits C. Appointment -Chris Curran -Full Member D. New alternate member Break - Olinger Fill Permit 9:15 P.M. -- 1979 City Code; Publish Code Zoning Ordinance 9:45 P.M. -- Fee Resolution, Fees -- 201 -- A. Public Hearing, Nov. 13 B. Newsletter approval for October 25 10:00 P.M. -- Council Reports continued --over Agenda continued City Council Meeting October 16, 1979 10e00'PM. -- Miscellaneous A. City Emblem B. Licenses --Heating Contractors 1. Edward L. Bliss 2.25 W. 2nd. St. Stillwater, Minn. 55082 2. Standard Htg. & Air Cond. 410 W. Lake Minneapolis, Minn. C. Heating Emergency D. Employee Insurance E. Oakdale -,-Watershed Projects, Emergency Lund, F. Municip6l•:Law Seminar G. Desk & Chair --Kathy H. file cabinet --Pete 1. other