Loading...
HomeMy WebLinkAbout09-01-81 CCMLAKE ELMO CITY COUNCIL - Sept. 1, 1981 Mayor Eder called the meeting to order at 7:00 p.m. PRESENT - Fraser, Mottaz, Novak; City Administrator Whittaker. AGENDA - M/S/P Novak/Fraser to adopt the agenda as amended. MINUTES - M/S/P Fraser/Mottaz to accept the 8/18 City Council minutes as amended: ® Page 5, Para. 11 - Delete in its entirety: 111=be-Geapei+-agfeed-te add-a-goal•#€y}ag-septer�ee-that-p�ev}des a-ga}de}}pe-�� Page 7, Item 10.H: "Newsletter Policy - The council discussed . . . occasional Councillor edi-te4 a}s materials." • Page 8 - Item 10.J: "Dram Shop Insurance - Whittaker . . . licenses issued to at Green Acres, they the applicant should be required to carry this type of insurance." M/S/P Mottaz/Eder to accept the 8/21 Special City Council minutes as amended: Page 2 - 5th Para: "FIRE DEPARTMENT TRAINING - After some . . . explaining the-gears-ef-the-gat#eas-tea}p}pg-pega�s-f}e�ep attepd;-apd-+nd}eat+ng how best to . . firemen." CLAIMS - M/S/P Novak/Fraser to approve Claim Nos. 81676 thru 81715. RESOLUTION FOR VARIANCE, DIANE TRUDEAU - M/S/P Novak/Fraser to adopt Resolution.81-60: A RESOLUTION GRANTING A VARIANCE TO DIANE TRUDEAU FROM THE STRICT 7A15/81a REQUIREMENTS OF SECTION 301.070 D3C1 OF THE ZONING ORDINANCE *RELATING TO LOT SIZE: AND A HOUSE MOVING PERMIT FROM 1924 KELVIN TO 11.150 20TH ST. CT., DR R �TTHE PLANNING COMMISSION RECOMMENDATION. RADAUNITUNIT - Deputy Gary Swanson was present to solicit approval for purchase of a police car radar unit to be used 100% of the time. 'Advantages: reduced cost (good until end of year) will help handle resident's complaints regarding speeders, stopping cars finds drunk drivers, reduces rate of burglaries, can approach suspicious- looking moving vehicles, and slows down motorists. Concerns of Council: ...Fraser & Eder question purchasing equipment that is ordinarily handled by County Sheriff's Department. (Swanson - Sheriff's Department does not have money in budget for this; police car is used exclusively by Lake Elmo police.) M/S/P Mottaz/Eder to pursue 2nd option in letter from Capt. Green and Sgt. M. Johnson where Lake Elmo purchases the radar unit and County takes care of maintenance. VARIANCE, JOE KAISER A. M/S/P Novak/Mottaz to deny Kaiser variance from requirement that he have 125' of frontage on a public street and private road, and to instruct the engineer, Larry Bohrer, to work with Mr. Kaiser on a solution. LAKE ELMO CITY COUNCIL - 9/1/81 Page 2 Discussion: ...Jim Friedrich, property owner to south, stated that he has easement (33') to his property line so is not landlocked. Easement will be rewritten as soon as driveway is put in. ...Whittaker - P. & C. Friedrich would have to dedicate 33' as they own 72' on same easement that goes to Jim Friedrich's property to have continuous access from 31st Street to Jim's property. ...Eder - Council is in agreement that somewhere on the north side there has to be a public access to the Kaiser property, however it's worked out. We need to agree on principles outside of this meeting and come back with specifi.cs. B. M/S/P Mottaz/Fraser to deny variance for the 3000 sq. ft. accessory _ building on Mr. Kaiser's property. Discussion: ...Mottaz - Opposed to 3000 sq. ft. building on property since it varies from .present R1 zoning and is not fair to surrounding property owners. Also, no hardship is shown. ...Eder - We're making decision for your (Kaiser) land and adjacent land; there's no guarantee that future owner(s) will use building as you intended. Kaiser pointed out that he felt it was a good plan because of insurance purposes, cedar building, house cannot be built there, building would enhance neighborhood and keep area clean. If denied, he'll build house there anyway and put accessory where it is permitted. RESOLUTION ON UNBUILDABLE LOTS - M/S/P Fraser/Novak to adopt Resolution No. 81-61: A RESOLUTION RELATING TO CERTAIN LOTS IN RUTH'S 1st ADDITION TO LAKE ELMO. Discussion: ..Mottaz - Does this apply to all unbuildable lots? (Whittaker - No, but houl:d be -'done with similar cases and filed with County.) ...Mottaz - Should citizens of Lake Elmo be notified that they can do this? (Whittaker - We can put notice in newsletter to that effect.) This is to be recorded in Register of Deeds office. SHORELAND PERMIT, LARRY LANZ - M/S/P Mottaz/Eder to grant Larry Lanz the shoreland permit. Engineer, Larry Bohrer, reported that property is well above normal flood level of pond, no erosion or sediment problem, and sees no problem with engineering features of proposal. PUBLIC INQUIRIES - None. ENGINEER'S REPORT A. MSA Alternatives Bohrer discussed Alternates A, B and C as defined in his report of 8/28/81 re costs, excavation needed, right-of-way costs, and budget limitations. Cont Id... LAKE ELMO CITY COUNCIL - 9/1/81 Page 3 ...Whittaker - Other alternative, can appeal the decision of Variance Committee by Contested Case Hearing within 30 days of letter (dtd 8/6) denying variance, i.e, by Sept. 6. We'd have to enlist counsel to represent us at hearing, present our case to hearing examiner, and he'd make recommendation to commissioner. - Given commitment of City Council to 30-MPH corners and assurances already given to property owners that we make an effort to get it, we'd probably have to appeal. ...Mottaz - Alternates B & C go beyond scope of budget right now. Also takes exception to have 40-MPH corners. ...Fraser - They didn't give us any rational explanation or reason for denial in material they sent us; would like to see it checked out further. Bohrer discussed his recommendations stated in 8/28 report: (a) Keats Avenue should continue as is, since alternates would not change alignment or grade; elevation changed and slopes varied so .maximum of 20' is required on either side of in -place 66' -one side not sacrificed for other. (b) Alternate A be pursued (in keeping with goal to eliminate gravel roads), and a thoroughfare plan be developed to show Alternate C so that this segment could be added as collector road when area is platted. Also, least costly. M/S/P Mottaz/Fraser to protect our right to appeal and presumably they'll give us until September 15 to review more detailed information that Whittaker is to provide Councillors for decision. M/S/P Mottaz/Fraser to release hold on Keats Avenue and authorize engineer to go ahead with plans and specs with no changes. ...Eder - People should be notified through newsletter (Bohrer will supply information to Whittaker by 9/3). B. Well #2 ... W i�i ttaT er - Could provide backup pump or set aside funds to buy one ($40,OOO to buy, and about $500/day to rent one); or finance generator to use if power fails ( could be leased or bought, or cost shared with other communities - Whittaker will contack NSP, generator companies, and government surplus and f6..11ow up periodically on government surplus). - Financing - can finance out to present reserve; rates should support operating expenses; also look at non -users on water main system but not hooked up. Generator would cost about $50,000. Larry is to evaluate maximum service area of system to see how many property owners would like water connection within area. ...Mottaz - Couldn't some money come from General Fund since fire protection is involved? (Whittaker - can be calculated and computed.) ...Eder - If pump provided, we could have well on stand-by with installing company for initial fee (say $300-500) and update value periodically. ...Whittaker - Cannot justify$205,000 improvement and tripling water rates (already 30% higher than next highest rate in Washington County). The Council did not want to require those noton water to hook in, as there are only 15-20; and the extra revenue would not justify the ill will it would create., Cont'd... LAKE ELMO CITY COUNCIL - 9/l/81 Page 4 ...Novak - Would irritate a lot of people. ...Mottaz - Hooking non -users up would not achieve affordability of second well, would irritate people and maybe generate a law suit. Whittaker is to write out generator requirements (Bohrer to dive type needed) to place companies/neighboring communities on notice that Lake Elmo is looking for one. Also, could have one on reserve by paying some type of retainer. Eder, in summary: although there is no desire on part of Council to proceed, we really appreciate engineer's report as information will be valid for years to come. Report to be placed in City files for future reference. C. Brookfield Drainage - Bohrer gave status report: they have since decided to construct single pond for whole Brookman Add. .(50-55 acres), and they're having their engineer design larger pond. D. Lake Rose Flooding Situation - Mr. Taylor would like Council to take any action and assess flooding situation similar to last year. In 1980, we were concerned that the plant would flood, but, there is virtually no chance that treatment plant would be flooded this year because of 4' dike around pond; also water level is about 1' below last year's level. Consenses of Council is suggestion that if Mr. Taylor is willing to put up money for 2-doy's engineering work for further study and make deposit for it, city engineer will do study for him. Whittaker will inform Mr. Taylor. BREAK - 9:05 to 9:15. OLD BUSINESS A. Grant Town Plan - M/S/P Novak/Mottaz to express our concerns regarding lack of firm alignment for Co. Rd. 13 and lack of any drainage plan or policies. B. Lake Access - Mike Markell of DNR contacted his supervisor, but there hasn't been any action yet on part of the commissioner regarding unfriendly condemnation ... perhaps by September 15• Whittaker will talk to him again and DNR people. ..Whittaker - Responses from 4 property owners to our suggestion that they pay damages to Mr. Kubicheck are all negative. Jim Yarusso, present at meeting, indicated same, such as Dave Garloff's answer was negative. ,..Fraser - Ought to set a date to close access if DNR shows no intent to proceeding; would force DNR to face responsibility. (Eder concurs - make it Fall date.) ...Mottaz - Before we set closing date, Connie Levi and Jerry Hughes could be asked to send out letters rerun -around we've been getting. ...Whittaker - we should also get engineering plan that was promised two months ago by Del Barber, DNR. ...Eder - We should set date if they haven't made decision on condemnation, then we will make decision when it will be closed. (Whittaker - tell them we'll make decision at 2nd meeting in October?) Cont Id... LAKE ELMO CITY COUNCIL - 9/1/81 Page 5 C. PZC/PAC Appreciation Dinner - To be held Sept. 15; 5:00-6:00 p.m. to allow each commission z hour, with dinner 6:00-8:00 p.m. (2 hours if speaker, lz hours if not). ...Fraser - Suggested urban geographer for speaker (U of M faculty and Science Museum member) - will give name to Eder. D. PZC/PAC Goals & Obiectives ...Fraser - Strong need in both groups to clean up rules and regulations; would suggest not doing it at 9/15 dinner meeting (Eder - suggests doing it at early regular meeting; decision has to be made before 1982). ...Mottaz - Would like to see 210 cleared up (changed, amended, added to) especially for PAC; uniformity of what's required of each commission; PAC should hire a secretary (not PAC member) to take minutes and publish agenda. — Since compensation for members is disallowed, they should be made aware of seminars and conferences they can attend. ...Fraser - Would like to see some statements for each group that would indicate a desire to select members broadly representing community — geography, age, both sexes. Limitation of number of successive years any one could serve (person off 1 year before they can go on). ...Eder - Start by identifying general areas that need to be addressed, specific areas, and other items as what should be included in bylaws — send it to them from which they can prepare some drafts. ...Mottaz - Recommends that suggestions/ideas to PZC/PAC come from Councillors and given to Whittaker to summarize so responsibility rests with Council. Whittaker hopes to have this summary prepared for 1st meeting in October for approval/revision. Whittaker will first send a rough outline/skeleton of what has been noted so far to Councillors so they don't have to start from scratch —right away. E. 1006 Assessments - Item tabled until Sept. 15 meeting since Councillors did not have copy of excerpts from appraisal report from Valley Branch (pp. 6-31) along with map to show assessment area. Whittaker will send out. Prime concern was any kind of assessment (no matter how small) against property we don't think will ever be outletted. P.ub+ic hearing is Sept. 16. F. Metro Watershed District - Whittaker will send out letter opposing it and copy to those concerned. AR11IE'SCHAEFER A. Youth Service Bureau Artie Schaefer'comments: - I've talked to County Board regarding increasing County funds to Youth Services to relieve cities with no positive response. There are no places to transfer money from one County fund to Youth Services. - Determination of how money is spent is made through Youth Service Bureau meetings and Court Services information. HSI (Human Services) has never been approached. Cont Id... LAKE ELMO CITY COUNCIL - 9/l/81 Page 6 - Judge Albertson, former Director of Community Corrections, police chiefs helped in decision that County provide 55% of city's contribu- tion to Youth Service Bureau. - Instead of approaching County Board with concerns, proper input should be given to someone like County Corrections Board as budgets go through them every year. Budget has been reviewed by Advisory Board for 1982, approved and sent to administration. - Will talk to,Harvey Nelson, Director. of Court Services, about working something out with Advisory Committee getting together with cities now involved in subsidizing Youth Services program. Paul Weiler, Youth Service Bureau, comments: Effectiveness of Youth Services is that it not be a County agency, but that it address specific needs for specific communities. Common goal is juvenile delinquency prevention. Council concerns: ...Eder - we support Youth Services in reducing efforts of other agencies, but money should come from those agencies to reflect that, such as courts, juvenile services, probation officers. ...Whittaker - Each service bureau has different program , set of goals, governing system; therefore County is financing 5 different types of systems who are ostensibly serving a similar purpose and relying on the city to evaluate each different system in order to budget County money for it. City can't evaluate it properly. - If joint powers type agency formed, we should go out and hire a consultant to evalute the program and determine services from each bureau. ...Mottaz - Cannot have a $100,000 program without some expert evaluation of it. We have no way of knowing how effective program is. B. EMS Subsidy Concerns of the Council: ...Whittaker - Instead of County spending $60,000 on ambulance subsidies, it should hire EMS director for $40,000 or consultant for $10,000 to evaluate the need for such a subsidy. City cannot justify subsidy since it's to a private profit -making business, we have no control over provider, cannot audit books. Problem is how $60,000 should be divided up. - Appears it would be cheaper for County to pay per call than pay for a subsidy. Could compensate for uncollectable calls by paying $100 a call or whatever. Many businesses must suffer a 20% loss in bad checks, inventory, etc. such as Cropp's 20% uncollectables. - If State requires services for welfare and medicaid, they should pay for it; County and providers should go to State legislature and lobby like mad. Artie Schaefer: County Board has given out funds for rescue services for 20 years, and expenditure has never been tested to date although I've had reservations about it. Cont Id... LAKE ELMO CITY COUNCIL - 9/1/81 Page 7 C. Landfills - 'Art Schaefer comments: ...Paul Brandt,.County Environmental Services officer, has told me there's no official documentation from PCA on their evaluation of five sites yet. Lake Elmo site qualifies for both solid waste or demolition. ...From Solid Waste Ordinance, Advisory Committee is being re-formed (Gary Carlson, Tablyn Park, and Janet Croft, Oakdale, are interested in being members); will be studying alternative ways to get rid of waste and preparing plan to present to Met Council April 1982. ...Abatement study not ordered yet. Council comments: ...Whittaker - Recycling/separation seems most expensive and funds not available in County. ...Mottaz - Should be personal issue: the more the more that person pays. D. Regional Park Status effective, but very garbage one has picked up, Artie Schaefer comments: ...Two parcels with houses on them are yet to be purchased around Eagle Point Lake, and a small vacant piece on NW part of park. ....On Sept. 22, Bob Nethercut of Met Council, Director of Parks & Open Space, will be at County Board meeting to discuss status of Lake Elmo Park master plan and Washington County master plan. Council concerns: ...Novak - Would like to see publication that park is open discouraged or get provision for controlled access. A sign saying "By Order of Police - No Admittance or Trespassing - Trespassers Will be Prosecuted" would be more effective than "Do Not Enter." ADMINISTRATOR'S REPORT *16 A. Seminar on Housing - To be held 9/a 5/81, 4:00-9:00 p.m. Whittaker will kamended register Fraser, Mottaz, Eder and himself for seminar, unless there's 9/15/81 overwhelming reason to attend 1006 public hearing same night. B. Street Light Petition - Eder moved to order a street light for corner of Highlands Trail and Hilltop Avenue North. Mottaz seconded. Discussion: ...Mottaz - Do all surrounding property owners want a street light there? (Whittaker will notify all neighbors to see if the concur with putting up street light)) ...Mottaz - Some policy should be set up for street lights. (Whittaker - could require petition signed by 75% of property owners; then we could set up policy for spacing of street lights.) Eder withdrew motion and Mottaz withdrew second, pending concurrence of surrounding neighbors. Cont'd... LAKE El_MO CITY COUNCIL - 9/1/81 Page 8 'C. Part Time Employees M/S/P Mottaz/Fraser to approve Whittaker's request to keep Dave Eder on the City payroll for 3 to 4 weeks, and Kathy Mowak for extra 2 weeks. D. Order Park Benches Park Committee recommends ordering 2 players benches now, install them this fall, see if there's any vandalism; if not, bleachers to be considered next spring. ...Motta,z - Could be done next spring. ...Whittaker - Questions equipment for sand -lot ballfield. At Pebble Park, there's been a lot of vandalism due to remote location. Item deferred indefinitely. E. 1005-Pumpihg -Pump has been turned on and plan to turn it off before November 1 so it won't interfere with skiing. F. I-94 Frontage Road - Any concerns from reading memo? We'll get draft plans in February and be able to comment on it then. G. Cable Commission - Will meet September 14 at noon with Lake Elmo Business Association to discuss community needs and advise community leaders what is involved in cable before we do it. Committee will meet Sept. 17, 5:30 p.m. at White Hat to discuss survey. Report will be available to Council. LICENSES - M/S/P Eder/Novak to approve the following licenses and ask for some kind of insurance coverage° for beer licenses: ® Heating & Air Conditioning Installer: Dahm's Heating, Inc. 520 No. Airport Service Drive, So. St. Paul 55075 ® 3.2 Beer Licenses: - Guardian Angeles Church, 8260 Hudson Blvd. Fall Festival & Live Auction; held 9/20/81, 12:30P-8:OOP - Green Acres Recreation Center, Red Maple Sportsmen's Club, Charles Sherrick, 2206 Margaret St., St. Paul Held 9/12, 12 Noon - 12 Midnight; 100 people. - Mark Briol Wedding Party, 1771 Randolph, St. Paul, Held 9/5/81, 8:30 P - 1:00 P; 100 people. ADJOURNMENT - M/S/P Mottaz/Novak to adjourn meeting at 10:55 P.m. Submitted by: Ilene Johnson, Acting Secretary 81-6o 81-61 RESOLUTIONS ADOPTED Re House moving permit & variance from 50% rule. Re Unbuildable lots, Ruth's lst Addition. RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION RESCINDING RESOLUTION R-81-61 TO CORRECT A TYPOGRAPHICAL ERROR. WHEREAS, the rising level of the water on Lake Elmo Lake in this City has impacted by flooding, certain platted reparian lots on.said lake reducing the area remaining above minimum elevation to less than the amount currently required for granting a resi- dential building permit thereon; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo that Lots Five (5) and Six (6) in Ruth's First Addition to Lake Elmo, according to the plat thereof on file and of record in the office of Washington County Recorder, be and the same hereby is declared to be currently unbuildable and that said lots are expected to remain so until the elevation of the water of Lake Elmo Lake is permanently lowered or until permission is sought and received from the City to add sufficient fill to per- mit construction to proceed in full compliance with existing rules governing set -back, well and sewer .locations. Approved this lst day of September,,1981. Maynar L. Eder, Mayor ATTEST: Laurence E. Whittaker, Administrator. STATE OF MINNESOTA ) COUNTY OF WASHINGTON CITY OF LAKE ELMO ) I hereby certify that I have compared the attached copy of Reso- lution R-81-61 with the original thereof in the records of my office and I find said copy to be a true, correct and complete copy of the Resolution adopted September 1, 1981, by the City Council, City of Lake Elmo. Laurence E. Whittaker Dated: (seal) City Administrator R-81-60 J RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A VARIANCE FROM THE SIXTY PERCENT RULE FOR LOT AREA FOR DIANE TRUDEAU. WHEREAS, Diane Trudeau has made application to the City of Lake Elmo for a variance from the Sixty Percent Rule for lot area on the following -described real. estate located in the City of Lake Elmo, Washington County, Minnesota, legally described as follows, to -wit: Lot One (1), Block One (1), SCHWARTZ--MARTINCO ADDITION, together with an undivided one-fourth (1/4) interest in outlot D of said subdivision, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota, and WHEREAS, it appears the above -described parcel was at ( the time of the application a separately -described parcel of record; and WHEREAS, the parcel is unbuildable without a variance, meets all the drainfi.eld and septic requirements, meets all the setback requirements, has the required frontage on a public street, is a platted lot in an approved subdivision less than ten years old; and WHEREAS, the parcel has two adequate drainfield sites and ninety-six percent (96%) of the average lot size area in the neighborhood; and WHEREAS, there does not appear to be any reason relating to the public health, safety and welfare which would require a denial of said variance; and WHEREAS, the City Planning Commission recommended approval of said variance request at its meeting of August 24, 1981; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo as follows: 1. The application of Diane Trudeau for a variance on v the above -described parcel be, and the same hereby is, granted. Adopted by the City Council. of the City of Lake Elmo this 1st day of September, 1981. Maynar . Eder, Mayor ATTEST: Laurence E. Whittaker, Cit� - y �� "�P Administrator 0 0 R-81-61 RESOLUTION CITY OE LAKE ELMO WASIIINGTON COUNTY, MINNE'SOTA A RESOLUTION RELATING TO CERTAIN LOTS IN RUTH'S 1st ADDITION TO LAKE ELMO. WHEREAS, the rising level of the water on Lake Elmo Lake in this City has impacted by flooding, certain platted riparian lots on said lake reducing the area remaining above minimum elevation to less than the amount currently required for granting a residential building permit thereon; NOW, THEREFORE, DE IT RESOLVED, by the City Council of the City of Lake Elmo that Lots Five (5) and Six (6) in Ruth's First Addition to Lake Elmo, according to the plat thereof on file and of record in the office of Washington County Recorder, be and the same hereby is declared to be currently unbuildable and that said lots are expected to remain so until the eleva- tion of the water of Lake Elmo Lake is permanently lowered or until permission is sought and received by said City to add sufficient fill to permit construction to proceed in full compliance with existing rules governing set -back, well and sewer locations. Approved this lst day of September, 1981. Ma r6��' e � May d L. Eder, Mayor ATTEST: Laurence E. Whittaker, Administrator CLAIMS TO BE APPROVED AT SEPTEMBER 1, 1981 LAKE, ELMO COUNCIL MEETING 81676 Postmaster - Postage meter $ 200.00 81677 Volunteer Firemen's Benefit Ass'n - members dues 93.00 81678 State Treas.Soc.See.Retirement Ed. - August Soc.Sec. 1,306.38 81679 State Bank of Lake Elmo - August Fed. wh. 1,507.20 81680 Commissioner of Revenue - August State wh. 501.30 81681 Valley Trophy - Elmer's plaque 40.00 81682 Rose's Floral - flowers 9.50 81683 Ben's Elmo Inn - Elmer's dinner (estimate) 381.30 81684 Minn. Benefit Ass'n 26.40 81685 Allied Group Insurance Trust 113.99 81686 Washington National Insurance 458.43 81687 Laurence Whittaker - September expense 50.00 81688 Bruce Rosenau -- August mileage 200.50 81689 Gerald Dahlberg - animal control 298.00 81690 Kathleen Crombie - Planning commission 2 meetings 50.00 81691 St. Croix Valley Youth Service Bureau - Second 1/2 2,720.00 81692 Eckberg, Lammers, Briggs - Brookfield II IR Bond 260.00 81693 Lakeview Hospital - Fireman - workmen's comp coverage 22.00 81694 Minnesota Toro, Inc. - Tractor blades and parts 116.23 81695 I B M - Kathy's typewriter repair IM.66 81696 Venburg Tire Co. - Fire Dept , Scout tires 288.08 81697 Mollie Hedges - 8/25/81 newsletter 175.00 81698 TSB Computer Center - Water billings 87.50 81699 Four Seasons Services - coffee 14.65 81700 Oakwood Animal Hospital 133.00 81-701 Woodcrafter Signs - Sign for Pebble Park 1F25.00 81702 Northwestern Bell 158.70 81703 Northern States Power 8LL.70 81704 thru 81714 September 4th payroll . 4,500.00 $ 15 082, 52