HomeMy WebLinkAbout02-05-80 CCMLAKE ELMO CITY COUNCIL MEETING, FEBRUARY 5? 1980
Mayor Armstrong convened the meeting at 5:10 p.m. Councilors in attendance:
Pott, Novak, and Mottaz. Also, Administrator Whittaker
AGENDA: Additions - Claims list, Tele-Squirt Fire'Ea-uck Film, City Logo,
VFW License Fee, Valley Branch Projects 1003 and 1004; and
Mahtomedi Refuse License.
Armstrong moved, seconded by Mottaz; to approve the Agenda as
amended. Motion carried 4-0.
MINUTES: January 15, 1980 - Pott moved, seconded by Armstrong to approve
,-.the minutes of January 15, 1980 as written. Motion carried 4-0.
February 2, 1980 - Novak moved, seconded by Pott, to approve the
minutes of February 2, 1980 as written. Motion carried 3-0,1.
Armstrong abstained.
CLAIMS: Mottaz moved, seconded by Armstrong; to approve Claims 79975 thru
80013. Discussion: Pott questioned the working condition of the
CB radios. Whittaker said they are still not totally operable.
Corrected 2/19/$0 *Claim 79995 withheld. Soil exploration for the Maintenance Building.
*,,,Claims 79975 thru 80013 approved. -Claim 79995 will be withheld
until all repair work is completed and radios pass inspection.
Motion carried 4-0.
INSURANCE BIDS: Zignego Agency was the only agency to submit a bid. Notices
were sent to local agencies and also published in the paper. Dave
Holmberg explained the differences between the bids, and suggested
the City Consider purchasing Public Official Liability and Excess
Liability coverage. The Council discussed increasing the deductible
for automobile coverage and property,the Official and Excess Liability
coverage, and increasing the General Liability.
Pott moved, seconded by Armstrong, to accept the Zignego bid from
Aetna Insurance for $9,912 with the $1,000,000 General Liability
Limit. The policy to include a $500 deductible for Property, $500
deductible on Auto Collision and $250 deductible on Auto Comprehensive.
Motion carried 4-0. The package price with the higher deductibles
will be $200 less than the $9,912 quote.
SCHIFSKY MONUMENTS: Insurance premium for the pillars would be nominal and
would not raise the City's rates. This is a policy question to
allow structures to be built without proper permits. Mottaz said
this question should be considered as though the pillars were not
constructed. Would the Council approve -this request had it gone
through required procedures? He does not feel the Council would
approve such a permit; and, recommends the City require them to be
removed. Armstrong recommended tabling a decision until Dave Morgan
can comment on it.
FOXFIRE GATE: The boulders have been placed on either side of the gate, now
the chain has been cut. Thb Administrator recommended polling the,
residentw south'of Foxfire and determine if they want the gate opened
permanently.
ORDINANCE NO. 7903
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE RELATING TO ZONING DISTRICT BOUNDARIES.
Section 1. The following described lands classified on
the zoning district map as set forth in Section 301.070 C(1)
as R-1 (One Family Residential) are hereafter classified as
GB (General Business) for zoning purposes and shall be
subject to all zoning regulations applicable to a general
business district:
All that tract or parcel of land lying and being in
the County of Washington and State of Minnesota,
described as follows, to -wit: That part of the West
half (W') of Section Thirteen (13), Township Twenty-
nine (29) North of Range Twenty-one (21) West of the
Fourth Principal Meridian, according to the United
States Government survey thereof, described as fol-
lows: beginning at the Quarter -section corner on the
West side of said Section 'Thirteen (13),thence north
along the west line of said Section Thirteen (13)
Three hundred twenty-nine and sixty-four hundredths
(329.64) feet to a stone monument on the southerly
side of the St. Paul and Stillwater Road; thence
North fifty-five degrees sixteen and one-half minutes
east (N55016ka'E) along the said southerly line of
said road four hundred sixty-four and sixty-three
hundredths (464.63) feet to the northwest corner of
a tract of land conveyed by James S. Collopy and wife
to William Albrecht by Warranty Deed dated and
acknowledged June 11, 1910, and recorded in the
office of. the Register of Deeds in and for said
Washington County in Book 76 of Deeds at page 148, to
the place of beginning; thence south along the west
line of said land Two hundred sixty --one and six -
tenths (261.6) feet to the Southwest corner of said
.lane; thence South Seventy-two degrees forty-eight
minutes west (S72048'W) Two hundred twenty-five
(225) feet to a point; thence north along a line
parallel to the said west line of said Section
Thirteen (13) to a point in the said southerly line
of said St. Paul and Stillwater road; thence North
Fifty-five degrees and sixteen and one-half. minutes East
(N55016''E) along the said southerly line of said road
to the place of beginning.
Section 2. Effective Date. This ordinance shall Lake
effect and be in force from and after its 'passage and publication
according to law.
Passed by the City Council this day of .bruay ,
1980.
Thomas G. Armstrong, Mayo
ATTEST:
Laurence E. Whittaker
City Administrator
a
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ORDINANCE NO. 7902
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE RELATING TO ZONING DISTRICT BOUNDARIES.
Section 1. The following described .lands classified on
the zoning district map as set forth in Section 301.070 C(1)
as R-R (Rural. Residential) are hereafter classified as A
(Agricultural.) for zoning purposes and shall be subject to
all. zoning regulations applicable to a general business district:
All of the South Half of the Northeast Quarter
WS of NEa) of Section Three (3), Township Twenty-
nine (2.9) North, Range Twenty-one (21) West,
excepting therefrom the following described tracts
of land: Beginning at the Northeast corner of said
South Half of the Northeast Quarter (S� of NE34)
of Section Three (3), thence West along the North
line of said South Half of the Northeast Quarter
(S'h of NEa) of said Section Three (3) for a distance
of Thirteen hundred sixty (1,360) feet; thence
South and parallel to the East line of said Section
Three (3) for a distance of Six hundred forty (.640).
feet; thence East and parallel with the North line
of the said South Half of the Northeast Quarter
(S3� of NE ) of Section Three (3) to a point on
the East line of said Northeast Quarter (NEa) Six
hundred forty (640) feet South of the point of
beginning.
Section 2. Effective Date. This Ordinance shall take
effect and be in force from and after its passage and publication
according to law.
Passed by the City Council this-s.__. day of Febs.u� rV ,
1980.
Thomas G. Armstrong, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator
LAKE ELMO CITY COUNCIL MINUTES, FEBRUARY 5, 1980
FOXFIRE GATE: Armstrong suggested the Council wait and hear,Morgan's..._
recommendations before initiating the poll: Novak suggested that
this item be publicized in the Newsletter. The Council agreed.
DINNER BREAK: Ben's Elmo Inn
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PLANNING COMMISSION MEMBERS: The Council interviewed Betsy Halden. Mrs. Halden
has lived in Lake Elmo about 1 year, is a resident of the Tri-Lakes
area, and wants to be involved in the community.
Mottaz moved; seconded by Armstrong, to appoint Mrs. Betsy Halden
to the Lake Elmo Planning Commission for a three year term. Motion
carried /[,-0. The Planning Commission still has two 1 yr. vacancies
Amended 2/19/80 to fill. *(Note - only one year terms open.)
Scotty Lyall - did not come in for interview.
PLANNING COMMISSION RECOMMENDATIONS:
Policy recommendation for residents in a GB or Commercial Zone -
The Administrator advised the Council that the ordinance section
referring to residences in a commercial zone will affect applications
for rezoning in the Old Village. A policy for variances will be
necessary because residences in this area are larger than the
ordinance allows and anticipates construction of an industrial type
building with a room (bedroom) provided for a security person. He
suggested that guidelines be set to cover this. Parking is another
problem. The ordinance requires more parking than can be provided
by many of these parcels; This would require a variance. Pott restated
his recommendation to use the old City Hall site as an easement to a
parking area behind current businesses. The Council and the Businessmen
are to meet and discuss the future outlook for the Old Village. Parking,
lot sizes, and septic needs will be considered.
A. Slawson Rezoning - RR to AG - The Planning Commission recommended
approval of this request. Mr. Slawson is construction a large pole
shed on his 60A, this is not permitted in RR. This is the reason
for the rezoning request.
Armstrong moved, seconded by Mottaz to adopt Ordinance 7902, rezoning
the Slawson property, 5550 Keats, from RR to AG. Motion carried LSO.
B. Riemenschneider Rezoning - R-1 to GB - The Planning Commission
requested an opinion from the Highway Department relating to traffic
safety in this area. The Administrator contacted MNDOT and District 834,
neither have any objections. The County has no concerns about the
intersection. MNDOT said a revised driveway permit will be necessary.
The Council reviewed the septic system and were satisified with the
current system.
Pott moved,seconded by Mottaz, to adopt Ordinance 7903 rezoning
the Reimenschneider property, 11051 Stillwater Blvd., from R-1 to
GB., conditioned upon MNDOT issuing a reprised driveway permit and
providing six blacktopped parking spaces, per Planning Commission
recommendation. Motion carried 4-0.
LAKE ELMO CITY COUNCIL MINUTES, FEBRUARY 5, 1980
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C. Hasley Rezoning - R-1 to GB - Mayor Armstrong reviewed the
Planning Commission recommendation. Armstrong asked about plumbing
facilities in the garage. Mr. Hjlemgren stated until facilities
are put into the garage facilities in the basement of the house will
be used. The present system is two tanks with no drainfield. The
lot is 1/4 acre. Due to set -back and parking area requirements, and
code specifications on drainfields two drainfield sites may not be
possible. Mr. Hjlemgren asked if the new toilet could be hooked up
to the present system. A two tank system is not permitted now and
a drainfield would have to be provided. This request will require
a zoning change and two variances, one for the bedroom allowance in
GB and one for septic set -backs. The code requires access to toilet
facilities for customers and employees in a business. Armstrong
does not feel enough drainfield could be provided to service such
facilities in the garage and house.
SteveReichow, representing Mrs. MartinaReichow, property owner to
the west of Hasely, said there is a dispute over ownership of the
west 50' of the Hasely property. Each party has a deed showing oww�}}���ote -
Amended 2/19/80 ship. Mrs. Reichow said she paid the water assessment on this 50t�h..'�eeasv
This question must be resolved before a rezoning can be granted. Hassey.
Armstrong moved, seconded by Mottaz, to table this request until a
plan is presented showing adequate space for parking and drainfield
for the garage and house. An opinion from the City Attorney be
secured as to the ownership of the east 50' of Lot 10, Audithrs Plat 8
Motion carried 4-0.
Mrs. Lohman presented a petition, signed by nine neighbors, opposing
the rezoning. Armstrong requested the Administrator contact these
petitioners when this request comes before the Council again.
DALE FURESTENBURG: Mayor Armstrong extended congratulation to Depuhy Furestenburg
on his promotion to Sergeant. Deputy Furestenburg will no longer be
servicing Lake Elmo.
ENGINEER"S REPORT: I-94 Frontage Roads - The bike trail has been moved to the
south shoulder of the frontage road on highway right-of-way. The
City opposes any type of bike trail along 94; if one is mandatory
this location is preferred.
Mottaz moved,to request funds for constructing a bike trail where
the City wants one. No second.
Helmo Avenue - MNDOT is planning to blacktop 700 ft. north. The road
I's presently blacktopped this distance. The Council likes the plan
as it is.
Ideal Avenue - A 33 A parcel will be left a natural preserve. The
Engineer recommended the City request Ideal right-of-way be turned
back to the City. If the state will assume the cost of paving the
Council is in favor of paving.
CITY OF LAKE ELMO CITY COUNCIL MEETING, FEBRUARY 5, 1980
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IQmRnded ENGINEER°S REPORT- A special meeting will be scheduled for early March N80.
( at Grardian Angels Church, to discuss the frontage road plan and
2/19/80 noise barriers.
The Council agreed with the engineer's request to inform MNDOT of
City requirements for rate and volume of run—off. They will be
obligated to meet the City criteria to avoid future drainage problems.
OLD BUSINESS- A. Battle Creek Project Assessment — Administrator Whittaker
attended the proposed improvement meeting. The main question is how
this improvement will be paid for. Whittaker reviewed their letter
of January 16, 1980, discussing two alternatives for assessing. 500A
of Section 32 is in this watershed. Lake Elmo's share would be
$60,000 to $80,000. The Council agreed the Watershed should re—
evaluate the project as to total cost before making any decision
about assessment.
B. 48 Hour Parking — The Council felt that Ordinance 7904 should
not be res— — tricted to residential areas, and that towing fees be set
by resolution, at whatever the cost is. The final draft will include
no restriction on area and towing/storage fees will be incurred cost.
This will be ready for Council approval on February 19, 1980.
C. Heater Sale — The Council authorized the Administrator to have
Lake Elmo Hardwood make an offer on the heater, or if they are not
interested to otherwise dispose of it.
D. Conservancy Regulations — Mottaz moved, seconded by Armstrong,
to take $1 0 from.the Planning Reserve to prepare a Wetlands
CProtection Ordinance. Motion carried 3-0-1. Novak abstaining.
E. Authority to Hire Building Inspector — The Administrator requested
the Council give the Committee authority to hire a Building Inspector
after the final interviews on Saturday, February 9. The Council
agreed a decision could be made after the final interviews.
F.. Trapping Ordinance — Mayor Armstrong read the proposed ordinance
banning the use of steel jawed spring traps. Several citizens asked
why the City wants to ban trapping. Mayor Armstrong and Councilman
Mottaz said they oppose trapping because of the danger to pets and
children and also because of Lake Elmo's proximity to the Metro area.
They have received many complaints from residents.
Dale Furestenburg spoke in opposition of the ordinance. Joel Anderson,
Minnesota Trappers Association, stated this ordinance is initiated
out of fear rather than reality of what trapping is. Paul Rice and
Lloyd Knutson, DNR Wardens, reviewed the laws governing trappers
and stated this is a legitimate means of controlling wildlife. Dan
Butler, Attorney Minnesota Furbearers, stated this ordinance takes
away a legal right given individuals by the State. Ed Nielsen, resident,
feels the problem is one of trespass more than trapping. He suggested
getting together with the DNR and redrafting the ordinance for Council
review. Mottaz and Armstrong still contend trapping is unnecessary
and inhumane, but will review a revised ordinance. Armstrong suggested
provisions include registration with the City, signed and dated
permission from property owners, a sketch of the boundaries of the
property, traps be marked with name and address, an educational program
be developed to train trappers in procedures and legal requirements, and
LAKE ELMO CITY COUNCIL MINUTES, FEBRUARY 5, 1980 —5—
j TRAPPING: A'signed agreement from the trapper that he bear responsibility for
l any person or pet injured in his trap.
Armstrong moved, seconded by Novak, to table this matter until
March 4- Motion carried 4-0.
NEW BUSINESS: A. Clerk's Conference — Mottaz moved, seconded by Pott, to ap—
propriate up to $15 for Administrator's expenses to attend the
Clerk's Conference. Motion carried 4-0.
B. Maintenance, DeMontreville Access — No discussion
C. Jaycee Women's Week — Armstrong moved, seconded by Mottaz, to
designate February 1 16 as Jaycee Women's Week. Motion carried 4-0.
D. Valley Branch Advisory Committee — No discussion
E. Fee, Comprehensive Plan — Mottaz moved, deconded by Armstrong, to
set a Fee of $15 per copy for the Comprehensive Plan. Motion carried 4-0.
F. Combined Fees — No discussion
G. Licenses — Pott moved, seconded by Novak, to approve the 1980
Waste Haulers Licenses for the following:
Lake Sanitation, 1201 Birch Lake Blvd, White Bear Lake, Mn.
Maroney's Service, 9209 Lansing Avenue N., Stillwater, Mn.
Mahtomedi Refuse
Motion carried 4-0.
Mottaz moved, seconded by Armstrong, to approve the 1980 Heating and
Air Conditioning Licenses for the following:
Neil Heating and Air Conditioning, 7125 Sunrise Avenue, Circle Pines, Mn.
Lake Elmo Heating and Air Conditioning, 3546 Lake Elmo Ave., Lake Elmo
Motion carried 4-0.
TELE—SQUIRT FILM AND MAINTENANCE BUILDING: Meeting February 19, 5 p.m.
CITY LOGO: The Council agreed to have Berg—Torseth print the first 50 logos.
VALLEY BRANCH: The City has received payment from Valley Branch for project 1005.
A bill from VBWD of $3,500 for Projects 1003 and 1004 is still in
dispute. The Council tabled any decision on payment.
VFW LIQUOR LICENSE: The Council agreed to reduce the liquor license fee for
special events to $10 per event if it is within our statutory -
authority to have a lower fee.
ADJOURNMENT: Mottaz moved, seconded by Armstrong to adjourn at 11:50 P.M.
CLAIMS TO BE APPROVED AT THE FEBRUARY 5, 1980 COUNCIL MEETING
79975
Northern States Power Co.
$ 11293.54
79976
Vern's G.T.C. Auto Parts - Truck Parts
80.50
79977
Junker Sanitation
35.00
79978
Zignego Agency - Worker's Compensation - 1980
5,561.00
79979
Minn. Benefit Assn.
15.90
79980
Bill Eder - Fire Dept
19.17
79981
Paper Calmenson - Wing Blade, Grader
141.59
79982
Minn. Envelope Co. - window envelopes
77.32
79983
Standard Register Co. - utility bills
263.63
79984
Wash. Cty Treas. - Pass Thru $ 400.00
Painting lines 103.88
Lamp 7.52
V.B.W.D. - culvert 236.98
Salt -Sand 1,292.53
2,040.91
79985
Mollie Hedges - 1/22/80 newsletter
1.4.0.00
79986
Stillwater Gazette - legal publications
32.45
79987
N.W.Nat'l Bk. of Mpls. - 1970 St. Imp. interest
477.50
79988
First Nat'l Bk. of St.Paul - Park Bonds $20,000 principal
39,125.00
79989
Van Waters & Rogers - acid water dep't
67.35
79990
Wing Motor Freight - freight for water dep't
15.58
79991
Northwestern Bell
127.00
79992
St. Paul Dispatch - Bldg. Insp. ad
32.50
79993
Gordon Iron & Metal Co. - plow work
31.40
22H4
.� OL, -- 99
Lillie Suburban Newspapers - 200 maps
Electronics Specialists - C.B.repair ( i-"tk �(+te
51.00
64.66
79996
Allied Group Ins. Trust
98.62
79997
Blue Cross & Blue Shield
407.94
79998
No. St. Paul Welding - oxygen
8.95
79999
Goodin Co. - water dep't valve box
40.47
80000
T.K.D.A. General $ 1.05.00
80001
Arch.-Mt.Garage 1,910.80
Exploration Co. Fire Hall
2,015.80
373.35
Soil - addition
(J
80002
thru80013 2/8/80 payroll
3,500.00
Total $
56,138.13