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HomeMy WebLinkAbout11-16-82 CCMCITY COUNCIL MEETING, NOVEMBER 16, 1982 Mayor Eder called the meeting to order at 7:04 p.m. Councillors Present: Fraser, Mottaz, Novak and Morgan. Also present Administrator Whittaker. 1. AGENDA: Additions - 4. A. Introduction of Special Guests 5. Public Inquiry - Shoreland Permit for Kenneth Neudahl 4. Beer License - Green Acres Rec 15. D. (4`) Report on Regional Park Meeting F. Announcements on Up Coming Workshops and Hearings G. 'Insurance -Bids_ H. County Road Construction in Lake Elmo I. Planning Commission Vacancies M/S/'P Morgan/Novak to approve the Agenda as amended. Carried 5-0. 2. MINUTES - NOVEMBER 3, 1982 M/S/P Fraser/Morgan to approve the minutes of November 3, 1982. Carried 5-0. 3. CLAIMS: A question was raised on the percent of payment to Allied Painting for painting work on the water tower. Whittaker recommended deleting this claim until it is discussed with the Engineer. M/S/P Morgan/Novak to approve Claims 83175 thru 83211 with the exception of Claim 83177, pending comments from the City Engineer. Motion carriedw5-0. 4. LICENSES: Beer License at Green Acres for John W. Conlin, 1620 W. Hwy 36 #215 Roseville, Mn. 55113 - Party to be held for 50-100 people on December 19, 1982, from 7:30 to 12:30­r;,:!: " , M/S/P Fraser/Eder to approve a Non -Intoxicating Malt Liquor Licence for John W. Conlin for a party at Green Acres Rec on December 19, 1982. Carried 5-0'. 4. A. INTRODUCTION OF SPECIAL GUESTS: Mayor Eder introduced and welcomed Webelo Scout Troop 162,and their leaders Ron Dornfeld and Jim Flier. _Tile scout troop attended the meeting as a requirement for their CitizenshipBadge. Councillor Morgan informed the group that volunteer help is _always - appreciated by the Park Commission and invited them to work with the Commission whenever they want to volunteer their time for community service. 5. PUBLIC INQUIRY: Kenneth Neudahl - Shoreland Permit, Mr. Neudahl subdivided his property west of Lake Jane (Lake Jane Estates) and platted one lot for his hbrae site. Because his home will be within 1,000 ft. of Lake Jane a Shoreland Permit is required. No variances are required. The DNR and City Engineer reviewed the application and indicated no problems. CITY COUNCIL MEETING, NOVEMBER 16, 1982 -2- 5. Neudahl Shoreland Permit - Continued: The Council reviewed the DNR letter, copy of the application, site and location plan. M/S/P Morgan/Mottaz to approve a shoreland permit for Kenneth Neudahl. Carried-5--0i HUNTING REGULATION ON LAKE JANE: Webelo Scout Dornfeld asked the Council about gun and hunting regulations on Lake Jane. Mayor Eder cited the City Ordinance regulating the discharge of fire arms in the City and said said a hunter has to be concealed in natural reeds which would make it impossible to meet the required 500 ft..structure distance thereby making it impossible to hunt on the lake. 14. OLD BUSINESS: B. Resolution Amending Comp Plan to Delete CSAH 13 By-pass and Aid53rd St . 'Extension - M/S/P Fraser/Morgan to adopt Resolution 82-58, a Resolution amending the Lake Elmo Comprehensive Plan r Highway Plan - deleting CSAH 13 by-pass and including the extension of 53rd Steet from Foxfire Estates to Keats Avenue. Motion carried 5-0. C. City Administrator, the Council took the fol clarify denial -of the subdivision request of and Patrick Sinclair: Subdivision elu"L Uxl — end�at o of the owing action Elizabeth Orchard M/S/P Fraser/Novak to deny the request of Elizabeth Orchard and Pat Sinclair to subdivide Lots 588 through 595 and Lots 544 through 549 and that portion of Lots 550,551, and 587 lying North and East of a line running from the Southeast corner of Lot 587 to the Northwest corner of Lot 550, Lanes Demontreville Country Club from adjacent property owned by Elizabeth Orchad, which would create one .83 acre parcel and one 1.2 acre parcel, for the following reasons: 1. It violates Section 301.090B of the Zoning Ordinance, which requires the property owner to keep all land required for the minimum lot size; 2. It violates Section 401.320 A and H of the Subdivision Ordinance, which requires that all lots created through sub- division conform to the minimum area requirements set forth in the Zoning Ordinance; 3. It violates Section 301.070 D 3 c (1) which requires 1 1/2 acres on each lot in the R-1 Zoning District; and, 4. It violates Section 307.060 1, which requires 1 1/2 acre lots in the Shoreland Overlay Zoning District; and, 5. Because this subdivision would create two undersized lots in an area where there are many on -site sewer problems because of small lots and the proximity of the shoreland; 6. Because a home, on -site sewer system and drainfields, and improvements could not be located on this lot in such a way as to meet the requirements of the Shoreland Ordinance. Motion carried 5-0. CITY COUNCIL MEETING, NOVEMBER 16, 1982 -3_ 14. OLD BUSINESS: D. 'Snowplowing"- Bids for 'b'ack-up plowing - Two bids were received - one from Bernie Meyer, Lake Elmo, for the other from Clean Sweep, Eden Prairie. Several local contractors were asked to bid, Meyer's bid was the only one received. Whittaker recommended Council acceptance of the low bid from Bernie Meyer and authorization to implement his back- up snow plowing services as is needed. M/S/P Fraser/Novak to accept the low bid of Bernie Meyer for back-up snow plowing services, and, to authorize the Administrator to initiate this service as is needed. Carried 5-0. 9. Christmas Party - Councillor Fraser reported that she received an estimate of $300 for catering the Christmas Party. This amount includes horsc7oeuvre, coffee, punch, tableware, set-up, etc. This is anticipating 140 guests. The $300 is within the dollar amount submitted by the Administrator. M/S/P Mottaz/Fraser to contract with Sharie Colton and Barb Griffin to cater the Lake Elmo Christmas Party at a per plate cost of $2.14. Motion carried 5-0. The Administrator will take care of the additional party items. F. Christmas Holidays Office Staff - M/S/P MorganlMottaz to approve December 23 and December 24 as official City Christmas holidays. Carried 5-0. G. EMS Council Representative - Whittaker reported that Steve Pott wants to remain on the Council, but, is unable at this time to attend the meetings. The Fire Department recommended Jim Bjorkman and Dick Sachs be appointed alternates. M/S/P Mottaz/Morgan to accept the recommendation of the Fire Department and approve the appoint of Dick Sachs and Jim Bjorkman as alternate representatives to the EMS Council. Carried 5-0. EMS Subsidy - M/S/P Fraser/Eder to accept the $597 EMS County Subsidy and sign the EMS agreement with the County. Carried 5-0. 15. MISCELLANEOUS BUSINESS: A AMM Legislative Issues Meeting - Meeting will be held November i a er noted __a_3(Tj—fBo_n_-a_1 items of discussion for Lake Elmo might be the impacts of the Regional Park on City services, g4iestions.,on the landfill siting in the Regional Park, and the amount of City =co.ntroL o�7er_-the Waste/Energy Plant. Present statutes can exempt the City from the process with the Counties having complete control. As all -of the 96-items would have a major impact on the City, the AMM and State Legislator's should be alerted to this protalem. Whittaker encouraged all Council members to attend this meeting. B. Cable Hearing - Hearing will be held December 9. This is for the'_francFise for Lake Elmo. CITY COUNCIL MEETING, NOVEMBER 16, 1982 15. MISCELLANEOUS BUSINESS: C. MPELRA"Seminar - Seminar will be held December 10. Whittaker wwM_ attend and asked other interested Council member to contact him for reservations before the deadline. F. Up Coming_ Workshop's and Hearings Land Use P3aOR g—Words` oFi p - will be held November 30. This is open to citizens, Council and Planning Commission members. B. Airport Noise Guidelines Hearing - Met Council will hold ttie pudic Fearing December 16;`- Cities will be expected to adopt the guidelines,z_then require residents near the airport(s) to insulate their homes against noise and/or not build in the noise zone. --Whittaker - has the same feeling on the guildlines as the Airport Zoning Standards --the people causing the problem are not paying for the solution. The people flying planes, running airports, and collecting the revenues are not paying to guard against the noise or solve the problem. Several `'airport bommunities''-have appraisedi:the Met`Council_of their concern; yet, this was not addressed or acknowleded in the guidelines. Whittaker urged City representation at the hearing to reinforce Lake Elmo's position on this concern. --Fraser - would like to review the guidelines and have more information before taking an official pa'Sition. --Whittaker will send out a copy of the guidelines. 6. TOM SWENO AND HARRY JOHNSON - PUBLIC HEARING FOR SHORELAND PERMIT AND VARIANCE AT 8076 HILL TR.' N. LANES DEMONTREVILLE: Mayor Eder opened the hearing at'7:30 p.m. Pr. Sweno is proposing to build a new three;%bedhoomwhouse at�the above:address,-located_on=:cthe site,of an existing house, with the following variances: Lot size (.50a from required 1.50 acres); drainfield to be 10' from house where 20' is required; house to be located 75" from high water mark where 100' is required; and lot with to be 110' where 125' is required. The DNR letter of November 1, 1982, to James McNamara, supported the variances and expressed no additional concerns. The City Engineer's recommendations were outlined in his letter of October 27, 1982, as follows: Se tic System Design- 1. A 1,200 gallon capacity tank be required. 2. 1,002 sq. ft. of trench area be required for a 3 bedroom house; with the length of each trench increased to 54ft. instead of 50 ft. as proposed. 3. The bottom of the drainfield be no lower than elevation 934. 4. As the existing drainfield is located in the same location as the proposed field, the existinq drainfield and drain rock should be completely removed and bac.kfilled with soil having a perc rate of at least 16 mpi. Site 17-The existing row of evergreen trees between the existing house and the lake remain in place to screen the house from the lake. 2. No filling can occur in the existing drainage swale running along the north property line. 3. The bottom trench elevation of 934 be staked in the bottom of each trench by a surveyor or engineer during construction. 4. The existing septic tank and pump station be abandoned by removing the covers and filling them with compacted soil. CITY COUNCIL MEETING, NOVEMBER 16, 1982 r -5- 6. SWENO/JOHNSON PUBLIC HEARING - Continued: Mr. Sweno indicated that the Engineers comments and recommendations were acceptable to, him, --Eder - what is the proximity of -the new structure to the swale? --Sweno - there is 15' from the swale to the proposed house. --Mottaz - noted that when the path (drainage swale) was vacated the township assumed responsibility to maintain the drainage easement. The distance from the swale to the house could change dependent on how or what work the City felt was necessary for maintenance . --Eder - house should not be too close to the 10 ft. easement area. --Sweno - house is approximately 5 ft. away from the 10' easement, There will be no filling in the swale - the existing elevations will remain. A new sewage system will be installed - the existing one will be abandoned. --Eder - appraised Mr. Sweno that construction work on the swale could come within 5 ft. of his house if the house is set within 15 ft. of the north line. Mr. Sweno acknowledged this fact. --Sweno - in response to Eder's question on the trees to the front of the lot - the 10" and 15" Oak trees will be removed - the 18" Maple may be outside of the structure boundaries and remain - Uncertain about exactly which trees will be removed. --Eder - based on the existing topo map it appears a great deal of fill material will be hauled in over various areas of the lot - how many yards of fill will be hauled in. --Sweno - estimate about 200 yds, of fill. Two feet of fill will be placed over the proposed drainfield site - fill will extend on the south side to somewhere close to the front of the new structure and on the north side up to the swale or edge of the structure and driveway. --Whittaker - referenced his memo(Nov. 12, 1982) suggesting Mr. Sweno purchase a 1/4 acre parcel to the south of this site. This lot has a home on it and could not be purchased to com- plement the Sweno lot. Mottaz - still has a problem with the City's drainage easement. The 10' setback is entirely the drainage easement - should the City exercise its right to go in and do some work it could possibly come right up to the house. --Sweno - still would have 4-5 ft. --Whittaker - fairly common to have drainage and utility easements on side lot lines - have not required a setback from the easement in the past - Mill a setback from the property line. Have 20 ' to operate within as there is a drainage easement on the _property to the north. Novak - asked about past action on substandard lots that have an existing house. --Fraser - the fact this lot has an existing functioning structure diffentiakes this-fr©m_the recent request to create a substandard lot for a new home.`; --Sweno - present house has two bedrooms - the septic system/drain- field is a major consideration whether the existing house is remodeled or whether a new home is built. The existing field was put in a foot below what it should have been in 1976. In either case septic system has to be up -graded. City is no better or worse off with either structure. Need three bedrooms,- 5 members in the family. Existing house is 720 sq. ft. - just too small. CITY COUNCIL MEETING, NOVEMBER 16, 1982 6. SWENO/JOHNSON PUBLIC HEARING - Continued: --Whittaker - could secure a permit to destroy the old house and make application for the proposed structure. Hardship would still exist in that the lot is undersized and not usable for any other reasonable purpose under the Zoning Ordinance. Hardship is not that the existing house is old,.;:. but that the lot is small, doesn't meet the area requirement, is in the shoreland and doesn"t have another reasonable use except for sale to adjacent properties. --Mottaz - the advantage of this proposal over the last two that were requested in that this is not going to change the total density, total number of structures, in the area. Taking one out and putting another in its place. --Novak - agreed with Mottaz's conclusion. This is improving a condition that is existing. Main problem is the increase of bedroom area. -Sweno - the drainfield is increased to adequately handle the additional bedroom. --Novak - asked the Engineer to confirm the fact that the ''piggy back" drainfield approach is the only way to provide for two drainfield sites. The Engineer affirmed this statement. --Whittaker - this is a policy question - how two drainfield sites are defined. --Mottaz - as stated before, does not consider this method as creating two drainfield sites. Still holds this opinion. --Whittaker - Council will have to consider this separately as a policy issue. --Mottaz - according to the interruption of the present code this method is acceptable. --Novak - if the home were built as a two bedroom home would the lot be large enough to have two separate drainfield sites. --Engineer Bohrer - do not know - only analyzed..the proposal based on the application - did not consider it for a two bedroom home. Doubt that could have two independent seperate sites even for a two bedroom home. --Harry Johnson - three neighbors on both sides are on;- smaller lots. This is larger than the average of seven surrounding lots. --Whittaker - Explained the City's standard for determining average size in a given area. Average lot size for developed parcels in this plat is 26,800 sq. ft. This is City policy,.not an ordinance. --Mot.taz - still maintains that the critical consideration is that there be some place for an alternate drainfield system. Cannot understand that an alternate system can be placed and function three feet away from a failed system. As this type of system was previously appepted (Johnston property), do not see how it can be denied now; but, recommended that the Council consider a moratorium on building permits until this question is resolved. Mayor Eder closed the hearing at 8:53 p.m. There were no residents in the audience for the hearing. --Morgan - asked for actual lot size and sq. ft. --Rohrer lot is .505 A or 22,000 sq. ft. - goes slightly into Lake Demontreville - area above the water is 21,155 sq. ft. --Eder - if this is approved, it is understood that Mr. Sweno would enter into a development agreement with the City such as the Larson and Johnston Agreements. Mr. Sweno agreed. CITY COUNCIL MEETING, NOVEMBER 16, 1982 -7- 6. SWENO/JOHNSON PUBLIC HEARING - Continued: M/S/P Mottaz/Novak tc approve the following variances to permit Tom t Sweno to construct a three bedroom home at 8076 Hill Tr. N. 1, Lot size for ..50 A lot 2. Drainfield area to be located 10' from the house 3. Location of the house 75' from the high water mark 4. Lot width of 110' The above variances are conditioned on compliance with the Encineer's recommendations, as outlined in his memo of October 27, 1982, and a Development Agreement between Thomas Swenc and the City of Lake Elmo, outlining all requirements and regulations relative to the sewer system, similar to the Johnston/Larson agreements. Approval is based on recent,Counciltapproval:,.Qf-�aisimilar septic design; the fact that this proposal is not changing the density of structures in this area; and, the new septic system will Inpefully improve the septic situation for this property and surrounding properties. Motion carried 4-0-1 Morgan abstained, 7. PUBLIC HEARING - JOE EDER - VARIANCE FOR SIDE YARD SETBACK AND NUMBER OF ACCESSORY BUILDINGS:AND MOVING PERMIT: Mayor Eder opened the hearing at 7:57 p.m. Mr. Eder is requesting a 4' variance from the required_10"--setback to enable him to place a garage within 6' of his side yard jot line. He presently has a metal storage shed on the property and is requesting a variance from the permitted number of accessory buildings in R-1. One is permitted;he will have two with the new garage - the total square footage is still under the 1,00.0 sq. ft. minimum. A moving permit is requested to move the new, already assembled, garage onto his property. The Council reviewed the Planning Commission recommendation to approve the moving permit; and their discussion on locating the building on the „property. The neighbor to the south, proposed building site, submitted a letter expressing no opposiotion to the proposal. Mr. Eder noted there is no other location for the garage - moving it to the north side of the property would require the same variance and possibly interfere with his drainfield area. Mayor Eder closed the hearing at 8:05. There were no residents in the audience for the hearing. M/S/P Mottaz/Morgan to approve the,)following_variantes and moving permit for Joe Eder: 1. A variance to locate a new garage 6' from the side yard setback. 2. A variance to have two accessory buildings, under 1,000 sq. ft. total area, in R-1. 3. A Moving Permit to move a new garage to 3699 Laverne. Said garage to be located per the submitted site plan. Carried 5-0. Mayor Eder stated before the vote that Joe Eder is an uncle and that he has no financial interest in his property. 8. ENGINEER'S REPORT: Water Tower Invoice - The Engineer was unaware that Allied had su mitte t eir bill and recommended withholding payment until he has reviewed theu:claim. The Council agreed to withhold payment pending recommendation for payment from the Engineer. CITY COUNCIL MEETING, NOVEMBER 16, 1982 8. ENGINEER°S REPORT: A.— Keats Avenue Up'�Date- Bohrer reported that the contractor has completed the list of required work, as presented by the Engineer November 3. Because of the weather,no additional work was started on the final top coat of asphalt;to complete the contract, The Engineer recommended approving the contractor's request to extend the completion date of the contract to June 15, 1983. If this is granted, he recommended that it be made clear to the contractor that this is.the final extension and if work is not completed by the date the�City will enforce the penalties provided in the contract. Bohrer also noted that the driveway work will be completed this week. A letter to this effect has been sent to all affected property owners. M/S/P Mottaz/Novak to extend the completion date of the Keats Avenue Project to June 15, 1982, With the stipulation that all contracted work will be completed by this date otherwise contract penalties will be enforced. Carried 5-0. 9. ENRIGHT REZONING REQUEST: Planning Commission member Bob Dreher informed the Council that the area proposed for the house is very low and swampy. --Dave Johnson, Conn -Co Shoes said he spoke with Mr. Enright and that he indicated he would not attend the Council meeting and was aware his request would be likely be denied. --Whittaker - the house Mr. Enright proposes to move is on an existing conforming parcel - why move it to a non -conforming lot. The Council then reviewed the Planning Commission recommendation to -deny the rezoning and house moving permit. M/S/P Eder/Novak to deny the rezoning and house moving request of C. R. Enright,based on the recommendation of the ;planning Commission,for the following reasons: 1. The rezoning to R-1 is in conflict with the Comprehensive Plan for use in Section 32. 2. The proposed R-h zoning would not be adjacent to any other R-1 zone in the City, thereby, creating spot zoning. 3. The lot size would not meet the minimum requirement of 1 1/2A. Carried 5-0. 10. DAVE JOHNSON - PLANNING IN SECTION 32: Mr, Johnson apprised the Council that a group oS_property.•:Qwners;..in Section 32 have been meeting to discuss the proposed Waste Energy plant and its effect-on.the surrounding property owners and their land -use. _He indicated: that;the.group-is satisified with the access for the plant and have agreed this is the direction they would like to see pursued. The group would favor an energy park and if the City.is interested in this, they would be willing to work with the Council in sharing ideas and developing plans for the utilization of the property in the area. --Mottaz - previewed a joint meeting between the City, County and the consulting engineers for the plant regarding an energy park. He indicated that the County is interested in getting involved with this type of development and encouraged participation - df-the-Section 32'property owners . CITY COUNCIL MEETING, NOVEMBER 16, 1982 aM, 10. DAVE JOHNSON - Continued: Mr, Johnson then brought the confusionofthe. frontage roads to the Councils attention. He met with a representative from M!I/Dot who explained the newly constructed system and explained that Helmo and the frontage roads are not slated for opening until the spring of 1983, even though construction will be completed in 1982. He requested Mn/Dot to open these roads this winter, if construction is complete, to alleviate the confusion that presently exists for access to his building. To date he has had no reply from Mn/DOT. Therefore, he requested the City Council support Conn Co's position and send a letter to this effect to Mn/DOT requesting that Helmo Avenue and the frontage roads be opened this winter, --Novak - concurred with Mr. Johnson's assessment of the situation - presently an unsafe area, people driving around the barricades on the completed areas, very difficult to get into Conn Co. MIS/ Novak/Mottaz to instruct the Administrator to send a letter to Mn/DOT supporting Conn Co's request to open Helmo Avenue and the frontage roads this winter., to alleviate the present problems and confusion and making the:, roads in this area as useable and unintimidating as possible, Discussion: --Whittaker - thinks it is time to remove the Helmo Avenue barricade, --Bob Dreher - no problem with removing the barricade, but feels the road will have to be frequently patrolled. --Whittaker - noted that when the City approved the plans for the frontage roads it waived all responsibility for maintenance (this was part of the motion for approval), The City has three streets- in this area - Ideal Ave., Helmo Ave and Guardian Angels Avenue - which were built, as a part of the frontage road system, The City will likely have to maintain these three streets, but should make Mn/DOT aware that the City expects them to maintain 4th Street and the frontage road along 94. Novak and Mottaz agreed to amend the motion to include the break- down of streets to be maintained by the City and Mn/DOT. Carried 5-0. 13,B,LARGE LOT SUBDIVISION - GEORGE KRUEGER: The Council reviewed the Planning Commission's recommendation to approve Mr. Krueger's subdivision, --Whittaker. Valley Braneh`has:requested that an easment over the pond area be secured. This is not usually done with a large lot subdivision - City Code provides for this when the property is futher subdivided. Whittaker will notify VBWD of this provision. The Wetlands Ordinance protects this pond. M/S/P Morgan/Novak to approve R-8.2i-6 1,_approving a,Large:-Lot Sub- divi4;ion-.for George Krueger, in.-E:l/:2,, NWk/4'-, Sec `16. „Carried 5-0. 11. ENERGY PLANT UPDATE - COUNCILLOR MOTTAZ: Mottaz presented a resolution supporting the agreement for joint administration of the Waste/Energy project, including ( the City of Lake Elmo with Ramsey and Washington Counties. MIS/ Mottaz/Morgan to adopt R-82-59, a Resolution Supporting the Agreement for the Joint Administration of the Waste to Energy Project, Which Includes the City of Lake Elmo, With Ramsey and Washington Counties, CITY COUNCIL MEETING, NOVEMBER 16, 1982 -10- 11. ENERGY PLANT Continued: Discussion --Mottaz - the City.supported the plant proposal on the condition that the City would not be sited for another landfill. The County agreed to this, but this has changed and the City is being considered for two dump sites. It is imperative that the City have a representative on the board in order that the City have some say about what happens. City was not consulted.6h-,ghe prela;u,iinary;:budgefo .>r-space rental for the,energy'plant commission --Whittaker - City has to take a stand `- either we are involved or we will oppose the plant. --Mottaz - City'has no legal clout. -`have to:.force City's involvement via this resolution. --Fraser - recommended modifying the wording of the last paragraph tempering the City's opposition. Whittaker will rewrite this section and forward it to the Council before the County Board meeting, November 23. Mottaz and Morgan agreed to amend the motion to include the change in wording of the last paragraph. Motion carried 5-0. JOINT MEETING WITH NEW LEGISLATORS: The Council will invite the new legislators, Gary Laidag and Chuck Hoffman to the December 7 meeting to discuss the Energy Plant, tax equivalency program, etc. New Council members, Mike Mazzara and Bruce Duhn will also be invited to attend. 13. PLANNING COMMISSION REPORT: A. Simple Lot Division - Lavonne Richert, 3812 Jamaca Ave. The Counc5. re eiv wed t�ie�lannin Comma.ssion recommendation to approve the simple lot division. --Whittaker reported that the City Engineer recommended that full right-of-way for Jamaca Avenue be secured. Presently a 33 ft. easement, should ask for 42 ft. .as a condition of the subdivision. This would make the lots, less than a`1,1/2, or 1.4A. M/S/- Morgan/Mottaz adopting R-82-60-, approving _a--simple-l:ot , division in the NE 1/4,NE 1/4, Sec. 16, contingent on obtaining the additional 7ft, of right-of-way on Jamaca Avenue, thereby making each lot 1.4A in size, for Lavonne Richert. Discussion - --Eder - very little land along Jamaca that isn't platted - all these parcels have 33ft. of r-o-w. This would be the only 42 ft. r-o-w. After discussing.:the: right-of-way all .along d'6.maoa,1-the_Council=- ddcidedrthat thismparcel should not be required to provide an additional 7 ft. Morgan and Mottaz withdrew the original motion. M/S/P Morgan/Mottaz adoptkkg( R,82-60, approving a Simple'Lot Qivision in the NE 1/4, NE 1/14, Sec. 16,-without requirang'anr: additional 7 :ft �kAgsht-of-way for Jamaca AVbnVo N. ,-"-for Lavonne. Richert. Carried 5-0. CITY COUNCIL MEETING, NOVEMBER 16, 3.982 -11- 12; OTHER COUNCIL REPORTS: A. Councillor Fraser - Snowmo ile''R:egula:tions - Fraser reported that several residents along Highway 5 between No. _17-and So. 17-'are complaining about noise and being disturbed by snowmobiles that ride in the ditch area along Highway 5 in front of their homes. Whittaker reviewed the City and. County regulations.' The_ State permits-thd"use.of ditches along State, highways. The Star_ Trail Snowmobile organization received Statepermission to locate their trail along this area.. It previously went through the Brookman Addition property until the area started to develop. --Mottaz - suggested sending the County a letter demanding that the City be involved in County action regarding devices that may affect City residents. `Whittaker --*EdQr� - offered to contact Star Trails about realigning amended 12/7/82their trail and, request that proper signs be put up. Budget Trends - recommended outlining previous years expend Lures along with the current years budget when publishing the budget in the Newsletter, C. Joint Planning Commission/Council' Meeting,' December 13- ittaker reported twate Planning Commission wouldlike to meet with the Council on the Mobile Home Code, Landscape Standards and Amendments to the Subdivision Ordinance before starting the hearing process on these items. A joint meeting has been set for December 13, at 7:00. 15, MISCELLANEOUS BUSINESS: D. Winter Park Issues - The following was recommended by Park Commiss (1) Hockey hours - hours to remain the same as last year (2) Shelter hours and workers - to remain the same as last year (3) Fees for lights - as the lights will -be -on -for the open skating, the Council agreed notto charge the hockey teams,using the hockey rink,a fee. No fee was charged last year. --Morgan - recommended that the Park Commission develop a time schedule for open skating when no hockey will be permitted. This will be placed on the Park Commission agenda. --Whittaker - reported that Mike Pott will do the snow blowing on the rinks this year. (4) Regional Park Meeting - Gary Horning, Lake Elmo Rep. wants to have a public information meeting on March 1. Whittaker will forward a list of City concerns on the park to Mr. Horning. Two .current issues of concern, which the City has not: seen - the plans for, are the `boat Jaunc-h on -Lake Elmo and the Proposal for setting the le'vel.of the pool -on Eagle Point Lake. W-hittaker-has notified the County that the City wants to react to the plans before they go to the County Board for approval. WOOD REMOVAL FROM SUNFISH PARK: Whittaker reported that Mr. Callopy had an agreement with the City to cut trees in Sunfish Park as part of the purchase agreement for the property. Everette Beaubien purchased the property from Mr. Callopy's estate and has asked to remove the existing piles of wood within the park, cut by Callopy. The Council agreed to this request, but no further cutting can be done. CITY COUNCIL MEEINGi NOVEMBER 16, 1982 -12- 15. MISCELLANEOUS BUSINESS: E. Maintenance Contract - Computer - M/S /P Fraser/Mottaz to approve a maintenance contract for the Apple Computer at a yearly cost of $614. Carried 5-0. F. Insurance Bidding - The City carries its Workers Comp and Head h Insurance through the League of Mn. Cities and they take bids periodically. Whittaker asked if the Council wants to go through the bidding process for these two items. The General Liability is with a private contractor. --Mottaz - should get bids on everything and from the League. --Whittaker - setting specs and evaluating health insurance is very difficult, but if decide to bid health insurance should consider bidding HMO's along with the standard policy. Satisified with present health plan. --Fraser - if satisified with the present health plan, no point in bidding health insurance. M/S/P Fraser/Eder to exclude health insurance from the insurance bidding process. Carried 5-0. Specs for liability insurance are ready. H. County Roads --Whittaker - not concerned with the County plans to improve certain roads within Lake Elmo, but that the County did not consult the City on any of the plans. Plan to reconstruct County 15, between TH 94 and 10th St.:and put in 19B. the access to.the regional park.. Questions are - do we want Co. 15 to be 4-lanes right now,- presently a good 2-lane highway and no development is proposed in this area that warrants a 4-lane. City has suggested that 19B be a parkway - plan is for a 4-lane highway, not a parkway. County never acknowledged in writing the City's request that 19B be a parkway. --Mottaz - again, same problem with the County not consulting the City before going ahead with a project that affects the City. --EderT recommended that the Administrator contact the County Highway Department and get information of these two proposals, plans, schedule, etc. I. Planning Commission Vacancies - There will e two vacancies on the Commission come January. The Counftl directed the Administrator to advertise for applicants in the Newsletter for interviews in January. J. Moratorium on Building Permits - Whittaker asked the Council what action they wanted to follow. --Fraser - before considering amending the Ordinance need to more�:dnformation from technical advisors on the ''piggy back' type system. May need to look for someone who can amended confirm that this approach will*sot-wer-k.or will nog work. 12/%/82 --Whittaker - will contact the PCA and State Health Department and report back to the Council. 14. OLD BUSINESS: A. Closing Demontreville Lake Access - Whittaker read the recommendation of the Committee outlining a proposal to close the Demontreville access, from his memo dated November 12, 1982 CITY COUNCIL MEETING, NOVEMBER 16, 1982 -13- 14, DEMONTREVILLE ACCESS - Continued.: Council Comments: --Eder -where do the ice fishermen go in, --Whittaker - when the access is impassible they go in further north where the shoreline is flat, Steve Kirk, DNR Representative, was present to sit in on the meeting - he had no response from DNR, Whittaker reported on his conversation with Mike Markell, DNR waiting on the Attorney General's Office to resolve the issue on the covenants. DNR is anxious:.to-resolve the issue. The court date has been delayed in the Attorney General's Office, DNR agreed to a joint meeting with the City, -Kirk - cannot recommend a solution to a',problem that is before the court, --Morgan - if the Council agrees with the Committee, recommended forwarding the Council's action to the Clerk of Court & DNR, --Kirk - DNR has tried to make the courts aware this is an important case, maybe the City should make them aware how important it is, --Eder - would like a solid threat hanging over their head. Access won't be used much more this fall - assume the access will be closed in the spring if nothing is done, --Novak - recommendation says the access will be closed this fall will remove the blacktop in the spring, --Morgan - would like to get the State to accept this property. Since the DNR policy is to provide public access to lakes, this action helps facilitate the policy, --Novak -- reason for closing the access now is that all means have been exhaused to get action - if going to be believed.have to follow through on the threat and act on closing the area, --Eder - not in favor of releasing the land to DNR. This may permit them to continue the problem, --Morgan - by relea.sang!-_ the land are giving them the burden of handling the problem of the access. --Whittaker - discussed the risk of releasing the property to DNR, that being the DNR going in and opening the access - then would have less control, that; have now, --Morgan - have had trouble getting their attention. If the DNR had the access then they would have to face up to the problem and not continue to ignore it, --Fraser - present situation provides an intense nuisance for several families who live closest to the access and presents. a lesser nuisance to families living further away. From a safety point of view, compared to other areas in the City, would have to list this as a mild safety problem. Have to weigh these facts against the number of people who enjoy fishing this area, and have done so for many years, Many of these people will try to fish illegally in the same general area,•.creating illegal parking spread around a broader area of the lake and continuing to make an unsafe situation over a larger area. Not going to improve the safety factor. Very reluctant to close the access, --Eder - would like a sign put up "Closed for the Season" and make the public aware of the City's plan to close the access permanently. Burden is :on DNR. If nothing happens during the winter then make a final decision in February, --Mottaz - cannot intimidate the DNR. Only way to get something done is to work with them. Not a threat to them whether there is an access on Demontreville or not. CITY COUNCIL MEETING, NOVEMBER 16, 1982 -14- 14. DEMONTREVILLE ACCESS - Continued: Morgan - realize this is not a threat, that would rattle the DNR into activity; but, at least it will bring it to their attention. If given the land it will transfer more of the responsibility of the problem to them. Believes this is one of the more dangerous areas of the City. Has been at least one accident there. Also understand the need to provide access to the lakes, yet, feel there are less Lake Elmo residents fishing and more Lake Elmo people being annoyed than Lake Elmo people being satisified by fishing there. --Mottaz - presented background of the access. 1968 - East Oakdale Park Plan called for this access area to be developed for park purposes, including boat access. 1969 - Resolution was passed petitioning the State to deed the land (access location) to the township. Read resolution ..... paragraph two critical - and, WHEREAS, the land is desirable and needed by the township of East Oakdale.... for recreational purposes and public use 1969 - East Oakdale Park Plan, and 1974 - Lake Elmo Park Plan was an extension of the earlier township plan and called for public access, lake access and park land in this general area. Lake Elmo Park Committee also accepted a plan proposal making the area in question a 'mini -parkland would be included in the Lake Elmo Park system. - City of Lake Elmo has every right and responsibility to establish public access as does any other City in the State. Have just as much business doing this as they have establishing tennis courts, ba11£ields, or ski trails or whatever else is part of a park system. Letters have been received about trespassing on private property.- County owns as part of their right-of-way 33 ft. west of the center line in this area, or .201 beyond the blacktop. If someone drives on a sodded area but within the 33 ft. r-o-w they are not trespassing on private property. Safety Issue - explained the County's design standard for sight distance at an intersection. This area meets County safety standards and is considered a safe intersection by the County. --Novak- Asked why this material was not brought up at the Committee - meeting. --Mottaz- opposed the closing of the access. There are reasons why the access should not be closed. If it is unsafe now, the only thing closing - would;adcbmplish would be to move the unsafe situation away from someonelis.;house and onto private property ".front of someone elses house. --Fraser - believe the material the committee presented was what was asked - job done well and adequately. Reluctancy to close it is based on consideration of the facts. --Mottaz - this access, not by size, but by usage, one of the major park facilities the City has to offer. The City would be ill --advised to close this by pressure from some residents without holding a public hearing. CITY COUNCIL MEETING, NOVEMBER 16, 1982 14. DEMONTREVILLE ACCESS - Continued - -15- { --Eder — suggested leasing the land to the DNR - should not release it permanently. Still supports starting the steps to close the access this fall and make a final decision in February, --Whittaker - #6 is not critical to the proposal, M/S/_ Morgan/Novak to accept the Access Committee recommendations on implementing the closing of the Demontreville Access with the exception of Item #6 - Release of the land to the Mn/DNR - which would be deleted. Discussion : --Eder - reword Item 6 and provide for negotiation in the spring. M/S/P Mottaz/Fraser to table action on closing the Demontreville Access until such time as a public hearing is held. Motion carried 3-2. Novak and Morgan Opposed. A hearing will be set for January Adjournment: 10:20 p.m. RESOLUTIONS: 82-58 - Comp Plan Amendment Re: CSAH 13 & 53rd St. N. 82-59 - Waste/Energy Joint Administration Agreement 82-60 - Simple Lot Division - Lavonne Richert 82-61 - Large Lot Subdivision 4 George Krueger CLAIMS TO BE APPROVED AT NOVEMBER 16, 1982 LAKE ELMO COUNCIL MEETING 83175 Personal Business Systems - computer $ 83176 Boring, Inc. - Watermain Crossing - Water Dept 83177 Allied Painting & Renovating - Painting Water Tank 83178 Twin City Testing - Water Tank inspection 83179 Marcy Eischen - Meter Reader - Water Dept. -Inside & Out 83180 Metro Waste Control Commission - service chg 83181 Lillie Suburban Newspapers - legal publications 83182 Junker Sanitation 83183 City of North St. Paul - animal control vehicle 83184 Mary Meyer - 11/9/82 newsletter 83185 James McNamara - bldg. insp. - film for camera 83186 Copy Duplicating Products - maint, agreement, copier 83187 Inky Fingers 2 - 55 copies of 97 pages - code 83188 Stillwater Book & Stationery - office supplies 83189 Metro Council - Laura Fraser - Housing Conference 83190 Moelter Construction - gravel 83191 Action Rentals - post Digger rental - maint dept 83192 Lake Elmo Repair - Repair clutch - Int. Truck 83193 T. A. Schifsky - MC Mix 83194 Carlson Tractor & Equip. - parts & repair 83195 Communications Spec, of MN. - radios - Maint. & Office 83196 Lake Elmo Oil - Maint. Dept. $ 202.40 Fire Dept. 86.63 83197 Kunz Oil Co. - Fire Dept. 83198 Montgomery Ward - Fire Dept. - air conditioner 83199 Oxygen Service - Fire Dept. 83200 Mid -Central Fire Inc. - fire dept. - coats 6,381.06 9,820.00 10,540.00 293.00 108.55 118.03 157.40 42.00 125.00 175.00 8.22 295.00 653.60 28.95 13.50 117.83 38.50 547.40 56.10 9.13 3,759.00 289.03 51.00 79.00 107.10 165.00 83201 taru 83211 November 26th payroll 4,500.00 $ 38,478.40