HomeMy WebLinkAbout02-03-81 CCM(DRAFT)
Minutes
Lake Elmo City Council meeting, February 3, 1981
Mayor Eder called the meeting to order at 7:08 p.m. with the following
Councillors present: Mottaz and Morgan. Councillor Novak arrived a 7:10 p.m.
AGENDA: Administrator Whittaker asked that the Council add the introduction
of Deputy Sheriff David Heuer and three items of miscellaneous business
under his report to the Agenda. Morgan moved, seconded by Mottaz,
to approve the Agenda as amended. Motion carried 3-0-1, with Novak
abstaining.
MINUTES: Corrections — paragraph 2 under item C, page two.of the January
20,1981, City Council minutes, should show Mottaz moved, seconded
by Morgan, to sell the Christmas lights. Paragraph 3 under item
C. on page 4 was not a Resolution; and should indicate only that
the Council moved to set a public hearing for March 10, 1981, on
assessments. The last page should show that Ordinance 7921 was
adopted and Resolution 81-4 was adopted; and that both are a part
of the minutes for that meeting. The Ordinance number should also
be listed on page 5 under Water Surface Use Ordinance, fourth
paragraph. Morgan moved, seconded by Mottaz, to approved the minutes
of the January 20, 1981, City Council meeting as amended above.
Motion carried 4-0.
INTRODUCTION OF NEW DEPUTY SHERIFF: Gary Swanson introduced David Heuer
to the City Council. Deputy Heuer replaces Jay Kimbel, who was
promoted to Sergeant.
CLAIMS: Morgan moved, seconded by Mottaz, to approve Claims # 81108 through
81150. Motion carried 4-0.
1003-4: This matter was deferred until the February 17, 1981, City Council
meeting, as the Board of Managers, VBWD, had not had an opportunity
to review the City's request for Emergency Fund reimbursement for
1979 pumping expenses.
BUILD:I:NG PERMIT FEES: The Council was not satisfied that duplicate fees for
plumbing and heating and the like were necessary when a building permit
fee is already collected for a new home. They instructed the Adminis—
trator to prepare a summary of the Building Inspector's fee recommenda—
tion compared to State recommended fees for the next meeting.
ENGINEERI"S REPORT:
A. Engineer Bohrer reported that he did not have enough information
on the drainage plan for Kroy Industries' proposal, in Oakdale, to
estimate what it would cost to study it. He suggested that he inform
Oakdale of Lake Elmo's drainage policy; and ask for more detailed plans
as they become available. He will, then, prepare a cost estimate, if
he feels additional study is necessary. The Council agreed.
B. Goerss Water Line Petition — In discussion, the Engineer, the Council,
and the petitioners, Earl and Julie Goerss, agreed that the City should
order a feasibility study to determine the economic feasibility of
extending the City water line to a point along Lake Elmo Avenue where it
could serve the Goerss home at 2641 Lake Elmo Avenue.
Minutes, Lake Elmo City Council meeting, Feb. 3, 1981
page three
(3M Club CUP for mobile homes) taker, until he retires. They would
not seek to have a residence for future caretakers.
The mobile home for the radio club, which is.a legal non -conforming use,
is temporary, Bruno explained. The club would like to find a permanent
structure in the next few years; and, then, this mobile home would
be removed from Tartan Park.
The mobile home used for the ski patrol is the cheapest warm en-
closure the club can find; and they would like this legal non -con-
forming use to be permitted indefinitely.
Mottaz moved, seconded by Morgan, that the City Council renew the
Conditional Use Permit for the mobile home in Tartan Park occupied
by Mr. John Dill; and acknowledge the continued legal non -conforming
use of the other two mobile homes,being used for a ski patrol shelter
and a radio club. Motion carried 4-0.
Ellen - amended C. Kolcinski Kennel -*Eileen Kolcinski explained that she had been
2 17 81 out of town when renewal notices for her Conditional Use Permit were
mailed. She asked that her permit to raise and sell dogs be renewed.
She said she does not board other animals in her kennel.
Morgan moved, seconded by Mottaz, to renew the Conditional Use Permit
for Mrs. Kolcinski's kennel at 11514 Stillwater Blvd. Motion carried 4-0.
PLANNING COMMISSION RECOMMENDATIONS:
A. Tartan Meadows - Whittaker explained that the Planning Commission
had recommend the Preliminary Plat be approved subject to approval of
the drainage plan by VBWD; and subject to the developer providing
a temporary cul-de-sac at the west end of 12th Street. He reported
that VBWD had approved the drainage plan at their Dec.., 1980, meeting.
The Council agreed the temporary cul-de-sac was in keeping with past
City policy and provided the safest, most desireable turn -around for
12th street.
Morgan said the Park Commission had not made a final determination
on the park dedication. Therefore, he felt approval of the Preliminary
Plat should be tabled. He and the Engineer for Tartan Meadows agreed
to meet Friday, February 6, 1981, to resolved the park dedication.
Mottaz moved, seconded by Novak, to table consideration of the Preliminary
Plat of Tartan Meadows to the February 17, 1981, City Council meetings
Motion carried 14,-,0.
B. Amendment to the Zoning Ordinance to permit "Tree trimming services"
as a Conditional Use in Agriculture Zoning Districts - Howard Michels,
Planning Commission Chairman, explained that the Planning Commission had
recommended approval of this amendment, as this use was not unlike
many uses already in the AG zones. He also explained that the Commission
had recommended the sale of wood chips and firewood be permitted because
of current energy consideration; and because this wasnot unlike the sale
of agricultural products in other Ag zones.
Minutes, Lake Elmo City Council meeting, Feb. 3, 1961
page four
(Amendment to Zoning Ordinance, Tree trimming) - Mottaz said per-
mitting changes in use and the construction of buildings for that
use were permanent, even if done under.a Conditional_Use Permit.
He said that, in his opinion, this type of use is clearly commer-
cial and should be permitted in commercially zoned areas only,
not in AG by Conditional Use Permit.
Mayor Eder said he was concerned that constructing a large building
to operate a tree trimming service was a permanent change in land
use; and that future owners might be in a different non -permitted
use. The building permanently changed the character of the area.
Michels said the Planning Commission recommended the CUP in AG,
as rezoning this to General Business would have permitted far more
than a simple pole building and tree trimming service. Any GB use
would have been permitted; and the Planning Commission wanted to
discourage this. He also said there is a general feeling that some
commercial zoning will be appropriate along Hwy, 36 in the future; and
that temporary uses like the tree trimming services were appropriate.
Bob Briggs, attorney for the Klawi.tters, explained that the CUP limited
the Klawitters to just this use, could limit the number of buildings
and the use of the property; and was not the same as rezoning to general
Business. He also said the property was not real suitable for residential
or Agricultural use because of the soils, the power line, the highway
and the terrain. He said there are virtually no trees to screen this
from the highway; and there is a large drainage area and pond which
limit the use of the land. He said there are businesses to the
north and west of this property now. He said the present buildings
are not adequate for the Klawitter's operation.
Morgan said there was a lot of discussion about alternative land uses
in this area two yearn ago; and while the Comp. Plan was being prepared.
He said the Council agreed at that time that commercial uses were not
appropriate for the planning period.
Mottaz said this permit was really a rezoning to general business no
matter what you call it; and that he is opposed to general business
along the Hwy. 36 corridor.
Mottaz moved, seconded by Morgan, to disapprove the Amendment to the
Zoning Ordinance which would have permitted "Tree trimming services"
by Conditional Use Permit in the AG zone. Motion carried 4--0.
C. Klawitter Rezoning and CUP for Tree Trimming Service - Based on
the Ubave discussion, Mottaz moved, seconded by Morgan, to deny
the Klawitter's request to rezone property at 9839 60th St. No. to
AG; and deny their request for a Conditional Use Permit in AG for
a Tree Trimming Service. Motion carried 4-0.
ADMINISTRATOR'S REPORT:
A. Handled earlier in meeting.
B. Fees for Fire Department services will be discussed February 17, 1981.
Whittaker asked the Council if the would like to re-examine the definitions
and regulation in the AG in light of the Kl.awitter application. The Council
agreed that they would like to meet with the Planning Commission to clarify
Minutes, Lake Elmo City Council meeting, Feb. 3, 1981
page five
(AG Zoning) the AG section of the Zoning Ordinance, the Comp.
Plan and zoning for the Hwy. 36 corridor, at a regular Planning
Commission meeting soon.
C. League Building - The Council acknowledged the commitment
of the previous Council to the League of Minnesota Cities Building;
and agreed that this bill should be put on the claims list when it
comes.
D. Assessment Hearing starting time - The Council instructed the
Administrator to chekc futher to see if the 8:00 p.m. starting time
affected cities that are not having an election that day.
E. Garage supplies - Mottaz moved, seconded by Morgan, to authorize
the Administrator to spend up to $700.00 for supplies to hook up
the air compressor and the hoist in the new City garage. Motion
carried 4-0.
F. Licenses - Morgan moved, seconded by Mottaz, to grant the
following licenses: Ra-Mar Plumbing, 8155 Lake Elmo Ave. No.;
Bernard Meyer, 3303 Lake Elmo Ave. No., sewer installer; and
Springborn Heating and Sheetmetal, James San Cartier, 11350
St. Croix Trail No., heating installer license. Motion carried 4-0.
G. Lot Line Variances - Whittaker explained that he, the Building
Inspector, and t e City Attorney had met;.and they had agreed that
parties who had build homes too close to lot lines or over lot lines
would have to apply for a Simple Lot Division and a Variance in order
to make the record on their lot, and adjacent lotp, clear. Often,
in order to solve their lot line problem, they treat a non -conforming
lot next door; and, they may not meet City setback requirements even
after reaching agreement with their neighbors on a lot line. The
best way to correct the problem was to meet all the requirements
of City Ordinances; and record all subdivisions and Variances.
An Ordinance requiring a Registered Land Surveyor to stake new
homes will be presented to the Council February 17, 1981. It is
hoped that this Ordinance will eliminate the need for Variances
and minor subdivisions in the future, Whittaker said.
ASSESSMENT HEARINGS:
Morgan moved, seconded by Mottaz, to adopt Resolution 81-6, "A Re-
soution accepting the improvements in the Beutel Pond Drainage
improvement project and ordering an assessment hearing on the project'
for March 10, 1981, at 8:00 p.m, in the Lake Elmo Elementary School."
Motion carried 4-0.
Mottaz moved, seconded by Novak, to adopt Resolution 81.7, "A Resolu-
tion accepting the improvements in the Legion Pond project and ordering
an assessment hearing on the project for March 10, 1981, at 8:30 pm.
in the Lake Elmo Elementary School." Motion carried 4-0.
Novak moved, seconded by Morgan, to adopt Resolution 81-81 "A resolution
accepting the improvements in the Sunfish Lake pumping project and or-
dering an assessment hearing for March 10, 1981, at 9:00 p.m. in the
Lake Elmo Elementary School." Motion carried 4-0,
Morgan moved, seconded by Novak, to adopt Resolution 81-9, "A Resolution
accepting the imppovement to the Irvin Court drainage system, and ordering
an assessment hearing on the project, for March 10, 1981, at 9:30 P.M.
in the Lake Elmo Elementary School. Motion carried 4-0.
Minutes, Lake Elmo City Council meeting, Feb. 3, 1981
page six
t Park and Ride: Whittaker advised the City Council that the State program
was only one of assisting the Cities to build the park and ride
lots. The City would have to own it, build•it, and maintain it
at their expense. The Council agreed the City was not interested
in doing this.
Cimarron Cable T.U. : Whittaker advised the Council that Cimarron cable
t.v. was still in operation; and that Mike Ahrens had told him
the cable company intended to continue operating until the State
Cable Board told them the operation was illegal. Then, they would
voluntarily cease operation. This could take until the February
meeting of the State Cable Board.
Cimarron Homeowner®"s Concerns: Whittaker advised the Council that he had
discussed some of the City's responsibilities for mobile home
parks with Don Moe of the Homeowner's Association; and later
discussed the legal issues with the City Attorney. He gave the
Council a copy of a letter to Mr. Moe outlining the City's position
with reppect to these issues. The letter is on file in the City
office.
Whittaker went on to ask the Council to consider an amendment to
the'City Code which would require only a "person in charge" of the
park at all times, rather than an attendant at all times. He said
the attendant was probably in the City Code to cover mobile home
parks where over -night parking was permitted. He siad he did not
think Cimarrron should have to hire people to be in attendance at
all times.
The Council decided that this, and other amendments to the mobile
home ordinance, should be discussed with the Planning Commission at
a joint meeting; and then acted upon.
HOCKEY BOARDS: Jerome Eder advised the Park Commission that the School Dis—
trict would permit him to make hockey boards for Lion's Park and
put them up, if the City bought the materials. Dave Morgan said
the Park Commission was very much in favor of this.
Whittaker presented an estimate from Menard's for the material.
The Council instructed him to get estimates from local businesses.
Morgan moved, seconded by Novak, that the Administrator be authorized
to proceed with getting bids and purchasing material for hockey boards
at the lowest reasonable price, not to exceed $1,875.26, the Menard's
price. Motion carried 4-0.
Adjourn: Mottaz moved, seconded by Novak, to adjourn the meeting at 10:06 p.m.
Resolutions adopted at this meeting:
81-5 A Resolution accepting the U.S. E.P.A. grant offer for the 201 study
81-6 A Resolution accepting improvements and ordering assessment hearing, Beutel Pond
81-7 " , Legion Pond
81-8 " ,Sunfish Lake
81-9 " , Irvin Court
81-10 A Resolution ordering Feasibility Study of water line extension to Goerss
R-81-6
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING
PREPARATION OF THE PROPOSED ASSESSMENT ROLL AND ORDERING
THE PUBLIC HEARING ON THE PROPOSED ASSESSMENTS FOR
THE BEUTEL POND DRAINAGE IMPROVEMENT PROJECT.
WHEREAS, the City has completed the Beutel Pond Drainage
Improvement'Project at a total cost of $10,362.76;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of hake Elmo as follows:
1. The cost of such improvement to be specially assessed
is hereby declared to be $10,362.76.
2. The City Administrator, with the assistance of the
City Engineer, shall forthwith calculate the proper amount to
be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district
affected, without regard to cash valuation, as provided by
law, and he shall file a copy of such proposed assessment in
his office for public inspection.
3. A hearing shall be held on the loth day of March,
1981, in the City Hall at 8:00 p.m. to pass upon such proposed
assessments and at such time and place all persons owning
property affected by such improvements will be given an oppor-
tunity to be heard with reference to such assessment.
4. The City Administrator is directed to cause a
Notice of the hearing on the proposed assessment to be published
once in the official newspaper at least two weeks prior to the
hearing, and shall shall state in the Notice the total cost
of the improvement. He shall also cause mailed notice to be
given to the owner of each parcel described in the assessment
roll not less than two (2) weeks prior to the hearing.
Adopted by the City Council of the City of Lake Elmo
this 3rd day of.Pebruary, 1981.
Mayn d L. Eder, Mayor
ATTEST:
`'u�'Z-�t a 4.�n-
Laurence Whittaker
City Administrator
.J \
I
-2-
FM1
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DECLARING THE COSTS TO BE ASSESSED, ORDERING
PREPARATION OF THE PROPOSED ASSESSMENT ROLL, AND ORDERING
A HEARING ON THE SUNFISH LAKE FLOOD RELIEF PROJECT.
WHEREAS, the Little Sunfish Lake Flood Relief Project
has been completed at a total project cost of $20,319.75;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Lake Elmo as follows:
1. The cost of such improvement to be specially assessed
is hereby declared to be $20#319.75.
2. The City Administrator, with the assistance of the
City Engineer, shall forthwith calculate the proper amount to
be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district
affected, without regard to cash valuation, as provided by
law, and he shall file a copy of such proposed assessment in
his office for public inspection.
3. A hearing shall be, held on the loth day of March,
1981, in the City Hall at 9:00 p.m. to pass upon such proposed
assessments and at such time and place all persons owning
property affected by such improvements will be given an oppor-
tunity to be heard with reference to such assessment.
4. The -City Administrator is directed to cause a
Notice of the hearing on the proposed assessment to be published
once in the official newspaper at least two weeks prior to the
hearing, and he shall state in the Notice the total cost of
the improvement. He shall also cause mailed notice to be given
to the owner of each parcel described in the assessment roll
not less than two (2) weeks prior to the hearing.
Adopted by the City Council of the City of Lake Elmo
this 3rd day of February, 1981.
Mayn8kd L. Eder, Mayor
ATTEST:
%4x'c-w C a .W v c'-
Laurence Whittaker
City Administrator
R-81-9
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DECLARING THE COSTS TO BE ASSESSED FOR
THE IRVIN COURT IMPROVEMENTS, ORDERING PREPARATION OF
THE PROPOSED ASSESSMENT ROLL, AND CALLING FOR A PUBLIC
HEARING ON THE PROPOSED ASSESSMENT.
WHEREAS, the improvements to Irvin Court have been
completed and the total project cost of the improvement is
$9,231.24; and
WHEREAS, the developer of Lake Jane Hills Third Addition
has already paid $5,400.00 towards the costs of these
improvements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo as .follows:
1. The cost of such improvement to be specially assessed
is hereby declared to be $3,831.24.
2. The City Administrator with the assistance of the
City Engineer shall forthwith calculate the proper amount to
be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district
affected without regard to cash valuation, as provided by law,
and he shall file a copy of such proposed assessment in his
office for public inspection.
3. A hearing shall be held on the loth day.of March,
1981, in the City Hall at 9:30 p.m. to pass upon such proposed
assessments and at such time and place all persons owning
property affected by such improvements will be given an oppor-
tunity to be heard with reference to such assessment.
4. The City Administrator is directed to cause a
Notice of the hearing on the proposed assessment to be published
once in the official newspaper at least two weeks prior.to the
hearing, and he shall state in the Notice the total cost of
the improvement. He shall also cause mailed notice to be given
to the owner of each parcel described in the assessment roll
not less than two (2) weeks prior to the hearing.
Adopted by the City Council of the City of Lake Elmo
this 3rd day of February, 1981.
ATTEST:
c"AU JQ (.k) (. L d"- u�- _
Laurence Whittaker
City Administrator
Maynat,O L. Eder, Mayor
-2-
R-81-7
RESOLUTION
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION DECLARING THE COSTS TO BE ASSESSED, ORDERING
PREPARATION OF THE PROPOSED ASSESSMENT ROLL, AND ORDERING
A HEARING ON THE LEGION POND FLOOD RELIEF PROJECT.
WHEREAS, the Legion Pond Flood Relief Project has been
completed by the City of Lake Elmo at a total project cost
of $7,867.54; and
WHEREAS, an amount of fill material was taken from the
City maintenance building by individual petitioners involved
in this project and the removal of this fill.material saved
the City a considerable sum of money since the City did not
have to contract to have this material removed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo as follows:
1. A credit in the amount of $4,300.00 shall be applied
against the total project costs for this project as a result
of the savings to the City on the fill material removal.
2. The cost of this improvement to be specially assessed
is hereby declared to be $3,567.54.
3. The City Administrator, with the assistance of the
City Engineer, shall forthwith calculate the proper amount to
be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district
affected, without regard to cash valuation, as provided by
law, and he shall file a copy of such proposed assessment in
his office for public inspection.
4. A hearing shall be held on the loth day of March,
1981, in the City Hall at 8:30 p.m. to pass upon such proposed
assessments and at such time and place all persons owning
property affected by such improvements will be given an oppor-
tunity to be heard with reference to such assessment.
5. The City Administrator is directed to cause a
Notice of the hearing on the proposed assessment to be published
once in the official newspaper at least two weeks prior to the
hearing, and he shall state in the Notice the total cost of
the improvement. He shall also cause mailed notice to be given
to the owner of each parcel described in the assessment roll
not less than two (2) weeks prior to the hearing.
Adopted by the City Council of the City of Lake Elmo
this 3rd day of February, 1981.
ATTEST:
w W�
Laurence Whittaker
City Administrator
l�'Z ate. 1.c zcQ 'e..-6°c 4A'1
MaynaX0 L. Eder, Mayor
-2-
R-81-10
RESOLUTION
CITY OF LAKE ELMO
WASIIINGTON COUNTY, MINNESOTA
A RESOLUTION.DECLARING THE ADEQUACY OF A PETITION AND
ORDERING THE PREPARATION OF A REPORT ON THE PROPOSED
WATER LINE EXTENSION FOR EARL C. GOERSS AND JULIE J.
GOERSS.
WHEREAS, a Petition has been received by the City of
Lake Elmo signed by Earl C. Goerss and Julie J. Goerss
requesting an extension of City water service to property
owned by them, the address of which is 2641 Lake Elmo Avenue
North; and
WHEREAS, as a part of said Petition the Petitioners have
agreed to be assessed for the costs of said improvement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lake Elmo, Minnesota as follows:
1. The Petition requesting the extension of. City
water service to the residents located at 2641 Lake Elmo
Avenue North, said Petition dated December 23, 1980, and
signed by Earl C. Goerss and Julie J. Goerss, the owners
of said property 9.s made in conformity with Minnesota Statutes
Section 429.035.
2. The Petition is hereby referred to the City Engineer
who is instructed to report to the City Council with all
convenient speed advising the Council in a preliminary way
as to whether the proposed improvement .is feasible and as to
whether it should best be made as proposed or in connection
with some other improvement, and the estimated cost of the
improvement as recommended.
Adopted by the City Council of the City of Lake Elmo this
-3rd. day of._EebxuRry , 1981.
Maynard L. Eder.,.Mayor
ATTEST:LA
La rence Whittaker.
City Administrator