HomeMy WebLinkAbout08-16-83 CCMLAKE ELMO CITY COUNCIL MEETING, AUGUST 16, 1983
Mayor Eder called the meeting to order at 7:09 p.m.
Councillors present: Fraser, Dunn, Mazzara (7:15), Morgan (8:30)
Also present Administrator Whittaker and Assistant Administrator Klaers.
1. AGENDA: Additions:
10. G. Dumpster for Storm Debris
M/S/P Fraser/Dunn to approve the Agenda, as amended. Carried 3-0.
2. MINUTES: August 2, 1983:
M/S/P Fraser/Dunn to approve the minutes of August '2,1983, as
written. Carried 3-0.
3. CLAIMS: Addition
84039 - ICMA - Conference Registration -Pat Klaers $330.00
Deletion -
83997 - Maynard Eder - 125th Anniversary $500.00
The Council decided that the contribution
will not be released until a Treasurer is
elected and a budget is developed
M/S/P Dunn/Fraser to approve Claims 83983 thru 84039, with the
exception of 83997. Carried 3-0.
4. FEDERAL REVENUE SHARING FUNDS HEARING:
Mayor Eder opened the hearing at 7:15 p.m.
There was no resident comment on proposed use. This years amount
is $20,000. Administrator Whittaker explained how these funds
were used in the past and the problems involved in designating
the funds to other than the Police Contract or other governmental
contract use where federal contract regulation standards and
guidelines have to be met.
Mayor Eder closed the hearing at 7:20 p.m.
5. PUBLIC INQUIRY - EVERETTE BEAUBIEN - SUNFISH LAKE FLOODING:
Mr. Beaubien, representing several property owners on Sunfish
Lake, referred the Council to his letter of August 9, 1983,
expressing concern about the Councils approval to permit VBWD
to pump an additonal 1' of water into City Park Pond from Lake
Jane. He distributed photographs showing the water damage to
property and trees, which the residents maintain, has been
caused by the continued pumping of Lake Jane into City Park
Pond. He passed out an official VBWD lake level schedule and
indicated that Sunfish Lake has risen 14' since 1969. He
stated that in 1976 a maximum level of 894 was established
and agreed upon by the City and legal counsel for Beaubien.
Beaubien requested relief of the present situation on Sunfish
by pumping of the lake. He noted that the outlet culvert for
Sunfish is at least 8 ft. below water and plugged.
Whittaker noted that this culvert belongs to Mn/DOT, not the
City or Valley Branch. He will ask the maintenance crew to
verify the condition of the culvert then refer the situation
' to Valley Branch. Mr. Beaubien reviewed previous conversations
concerning the opening of the culvert. All previous requests
were denied. He reitterated his position that Lake Jane is now
out of flood danger - pump should be stopped. Sunfish residents
should not continue to bear the continued flooding problems.
LAKE ELMO COUNCIL MEETING, AUGUST 16, 1983
-2-
6. JANE ROAD NORTH FEASIBILITY HEARING:
Mayor Eder opened the public hearing at 7:30 p.m. He stated
that published acid mailed notice was sent to all affected
property owners and futher explained the hearing procedure.
John Davidson, TKDA, phxesented the Feasibility Report, as
documented in TKDA''s Commission No. 7113-83 of August 2, 1983.
Assessments are being considered on a equal unit basis. General
Obligation Bonds would be sold and assessed back to the benefitted
properties. Estimated per unit cost is $4,817, based on 11 1/2
un its.
Audience Comments:
-Jim Weyer, 8989 Jane Rd. N. - questioned the extension of
Tsle Avenue to Jamaca in Foxfire - presently proposed as a
cul-de-sac.
-Maynard Eder - Isle Avenue was an approved street in an
approved concept plan for Green Acres. Plat shows the extension
of Isle .
-Weyer - questioned area of pond on Holmberg property - presently
water ponds on 1/2 of the lot,- has seen water within 6" of the
road.
-John Davidson, TKDA - ponding area as designed will adequately
hold the water for this improvement - blue ponding area is
what was designed, planned and graded for ponding this area.
Once pipe is installed, directing run-off to the designated
ponding area, no water should stand on the Holmberg lot and the
( low area could be filled.
-Eder - noted that the earthen dam on the Holfiiberg property
may be restricting the drainage and keeping it from reaching
the dxieting designed ponding area to the north.
-Davidson - Holmberg property is not considered a part of any
ponding system.
-Jack Schneider, 8919 Jane Road N. - questioned the necessity
of a 32' wide road when the remainder of Jane Rd. N is 22'.
-Davidson - a rural section, 22' roadway', requires ditches on
both sides, thereby, making the road. extend out of the right-
of-way area.
-Alice Stolpe, 8881 Jane Rd. N. - none of the roadway around the
lake is 32' - feels it would be unfair to expect property owners
on Jane Rd. N. to pay for a street that would benefit new
development in the area. New developers should pay the majority
of the improvement with existing home owners paying a small
portion.
-Eder - noted that the property owners on Lake Jane Trail paid
100% of that road improvement.
-Wyn John,8883 Jane Rd. N. - asked for a clarification on the
roadway area to be assessed; also, if there is any plan to
ultimately connect Isle to Hidden Bay Rd. thereby creating
a circular roadway around Lake Jane.
-Eder - there are no plans for a connection to Hidden Bay.
-Tony Maistrovich, 8880 Jane Rd. N. - question the area for the
"T" turn -around.
-Davidson - "T" is within the right-of-way - snow will have to
be pushed onto private lots at this area so that the trucks can
turn around.
-Bill Stevenson, 8895 Jane Rd, N. - questioned the need for
additional gravel for the road base. Any consideration given
to using the existing gravel base.
LAKE ELMO CITY COUNCIL MEETING, AUGUST 16, 1983 -3-
6. JANE ROAD N. FEASIBILITY HEARING - CONTINUED:
-Davidson - estimate that 6" of existing gravel are available,
but, present road does not follow the dedicated r-o-w so some
additional base material will have to be used in relocating
the road. In response to question on double gutters, the
Engineer recommended against single side gutters taking all
the water because all the water is then outletted on one side
and is more difficult to control.
-Stevenson - agreed with the comments previously made by Mr. Schneider
-Davidson - explained that a 32' roadway allowed for two way
traffic and staggered on -street parking. A 24' roadway could
be designed, but this would not permit two-way traffic and
would prohibit any on -street parking at all times, Recommends
32" as the minimum standard.
-Weyer - asked if any calculations have been done on the run-off
difference between a 321, 22', 24'road and:the present roadway.
-Davidson - no, this ,only looked at in preliminary way --the
proposed ponding will handle a 100 yr, storm. A 32' vs a 22'
road would have a minimum impact in increasing the run-off.
Re:question on VB approval - street run-off is calculated when
plats are approved - additional approval is not required for
Jane Rd. N. improvement,
-Bill Brass, 8930 Jane Rd. N. - pipe to drainage pond is on his
property - told this would not fall within drainage - asked
if anything could be done to cover the pipe and make the area
look more attractive.
-Davidson - pipe will be extended into the ponding area and
covered with material from the lot to the drainage area.
No additional contouring of the existing pond will be done -
it is presently an existing developed pond, '
COMMENTS ON DESIRABILITY OF PROJECT:
- Alice Stolpe - have been fighting to resolve this road
problem for years - requested township to take it over but were
refused. Feel those who are planning to develop nearby should
bear the brunt of the cost for this improvement, Concerned
about the future of the area - unfair to expect each property
owner to pay a share of the improvement for the benefit of
future developers.
-Marjanne VanDemmeltraadt, 9406 Jane Road N. -sneaking for residents or
south end of Jane Rd, N. - concerned that if this portion of
Jane Rd. N. is 32' wide the existing paved Jane Rd, N. will also
be widened to 32'. Residents want the existing road to stay as
it is - residents moved to the area to be on a rural road -
a wider road will just promote speeding.
-Wyn John - been involved in feasibility of the improvement -
concerned with the cost and the width when the remainder of Jane
Rd, N. is 22'. Also conserned about the snow storage area
at the "T" turn -around.
-Bill Stevenson - objects to the cost - residents would rather
continue to maintain the road themselves - cannot afford
-Bill Brass - no comment
-Tony Maistrovich - Favors the improvement at the 22' width -
believes the new road will improve both the water and safety
problems.
-Weyer - agrees with Stevenson - prefers the gravel road. 32'
wide road does not make sense. Concerned about additional
water run-off - no parking restriction would not be a problem
with the residents - opposes a 32' wide road,
LAKE ELMO CITY COUNCIL, AUGUST 16, 1983 -4-
6. JANE ROAD N. FEASIBILITY HEARING - CONTINUED:
-Dunn - will not support any improvement that the residents oppose.
Re the safety question - just because the City takes over a
road does not mean there would not be times when an emergency
vehicle could not get through.
-Mazzara - believe the situation should be resolved and would be
a benefit to the homeowners. See the proposed improvement as
a means of helping the water run-off - have reservations about
the 32' roadway, but would have to support the improvement based
on present City standards - putting road in would resolve problems
past, present and future.
-Fraser - agrees with Mazzara. Can understand residents opposition
because of the cost, but, can also see where the proposed
improvement makes sense. Recommended tabling a decision until
Councillor Morgan had an opportunity to review the material.
Mayor Eder closed the public hearing at 8:22 p.m.
M/S/P Fraser/mazzara to table action on the Jane Road N.
Improvement until all Council members are present and
Councillor Morgan has an opportunity to review the related
material. Carried 4-0.
7. ENGINEER'S REPORT:
A, LIONS' PARK '-' Protective Net
Johri ; referred- the Council to Larry Bohrer
letter .of August 12, 1983, which explains the proposal for
purchase, installation and cost of a. 30' x 40' net along
the north boundary of Lion's Park. Total estimated cost
being $580, 'installed. The net would be $30 less if mounted
10' above the ground.
-Fraser - not confident netting will provide total protection -
areas above and below the netting could still be damaged by
a ball. Also concerned about vandalism to the net and continued
expense for replacement. Recommended seeking bids for plexi-
glass windowns or fencing before approving the netting,
-Dunn - more important to get some type of protective device
up now - risking a lawsuit should someone be hurt inside the
home by a ball.
Mazzara - believes this the best of the options - not likely
a ball will go over a 30' net. Concerned about vandalism, but
unaware of any other option.
Councillor Morgan arrived at 8:30 p.m.
Eder - satisified the netting would serve the purpose most of
the time
-Fraser - asked for a legal opinion on the City liability, also
that the Administrator check with the Jaycees about sharing the
cost of the netting. (They previously indicated that they would
pay for 1/2 the cost of a protective device.)
M/S/P Dunn/Morgan to authorize the purchase of a 30' x 40' net
at a cost of $365 and $215 for installation, pole and cable,
to be installed at the north boundary of Lions Park in front
of the Bjurnstrom home. Said net to act as a protective measure
against balls breakinwindows in the Bjurnstom home, Motion
based on the Engineer's memo of August 12, 1983-Commission #7113-83.
Motion carried 4-1. Fraser opposed,
LAKE ELMO CITY COUNCIL MEETING, AUGUST 16, 1983 -5-
ENGINEER'S REPORT:
B. Robert Cusick - Shoreland Permit & Variance to Construct
h-m- �f r A7n v4 rt1,1 �, A T-r rT
The Council reviewed the Engineer's letter of August 12,
1983eCommission No. 7113-83, outlining the proposal, He
made the following recommendations:
1. The Shoreland Regulation Variance be granted for a
1.2 A lot, where 1.5 is required, based on the hardship
that the area was platted prior to the adoption of the
Shoreland Ordinance and no additional land is available.
2. A revised site plan be submitted revising the seppti;c
system location in accordance with recommendations of
the soil tester, Earth Science,
M/S/P Morgan/Dunn to approve a Shoreland Permit and Variance
for Robert Cusick to construct a home at 5470 Highlands Tr, N,
per the recommendations of the City Engineer, Carried 5,0,
PLANNING COM^4ISSION'REPORT:
A. Bates/Tellander Simple Lot Divisions:
The Council reviewed the Planning Commission minutes out-
lining the proposed division. Bruce Folz explained the
boundary survey he prepared for Mr, Bates showing Parcel
B being deeded to Mr. Bates from Ms. Gail Tellander and
Parcel A being deeded to Mr. Joseph Schweitz from Mr, Bates,
By this action the Bates and Schweitz properties will conform
and meet City regulation. The three involved property
owners were present and all the deeds were properly prepared
and signed,
Administrator Whittaker reitterated his concern, as stated
in his agenda memo of August 11, 1983, that there be a
minimum width of 15' between all the structures, All the
buildings conform as of today, but, future additions ie
garages, decks, porches etc, should also conform to the
15' minimum, The property owners said the setbacks required in
the Zoning Ordinance would assure this,
M/S/P Morgan/Fraser to adopt R-83-54, a Resolution approving
a Simple Lot Subdivision to Thomas Bates for "Parcel E'Lot 1
Block" 1. Demontreville Highlands 4th Addition, and Gail Tellander
for "Parcel A", Lot 6. Block 2, Demontreville Highlands 2nd Add,
B, Comp Plan Amendments: The Council reviewed the Planning
Commission recommendations.
(1). Reduce area of 1 1/2 acre lots
-Eder-- generally agree with the proposed changes, but
feels the Schaefer/Kleis property and the Shafer 'dining site
should remain planned for R-1, Schefer/Kleis is contigious
to existing R-1 (Foxfire Estates) and the Shafer Mining,
property has had a proposed development nlan on file for
many years - would turn the gravel pit into developable
property. Do not feel either property would create a
premature demand for metro service.
LAKE ELMO CITY COUNCIL MEETING, AUGUST 16, 1983
-6-
PLANNING COMMISSION REPORT:
B. Comp Plan Amendments -
Bruce Fo z, representing Ray Krieger, presented a request
to have the Krieger property remain planned R-1. This is
a 40 acre parcel that has a residence and outbuidings.
The land is presently rented out. Folz noted that the
property is presently zoned Ag, and stated that Mr. Krieger
had never requested Ag zoning. He explained the attributes
of the property that qualifies it for R-1 planned use -
it is comparable to surrounding similar land use and Mr.
Krieger believes his land value will decrease is the land
is planned RR. R-1 is planned for the adjacent property to
the south. Mr, Krieger would not object to keeping the
Ag zoning until such time as he desires to sell the property
At that time, he wants to be able to develop it as R-1.
The Council consensus was to leave the Krieger, Schaefer, Kleis
and Shafer properties planned for R-1 in the Comp Plan.
(2) Revised MUSA line and incorvorate Sec. 32 Concept Plan -
The Council reviewed the Planning Commission recommendation
and the line revision on the map. They concurred with the
Commissions recommendation and the residents Concept Plan,
M/S/P Fraser/Mazzara instructing the Administrator to draft a
resolution deleting the planned R-1 areas indicated on the
map and recommended by the Planning Commission with the exception
of the K1eis/Schaefer, Shafer Mining and Ray Krieger parcels.
Also, the revised MUSA as defined on the WtE:_Concept-Plan be
included in the resolution. Carried 5-0,
(3) Adopt R-83-56. - Resolution adopting the final amendments
will bepreparedfor September 6 meeting.
BREAK
9. BOB LOCKYEAR — SPRAY IRRIGATION PROJECT FOR LAKE JANE LANDFILL:
Mr. Lockyear did not appear to present the project.
10. ADMINISTRATOR'S REPORT:
A. Tartan Meadows-`Ex't'ension for Final P'1'a't'Approval -
M/S/P Fraser/Morgan to adopt R-83-55, a Resolution granting a
one year extension to Willard Mortion for Final Plat approval
of Tartan Meadows. Carried .5-0.
B. Personnel Committee Schedule - The Personnel Committee will
meet Monday, August 22 from 10 a.m, to noon to review the
recommended applicants for the secretarial positions.
C. Bike Trail/Fence Along P:rc posed County"19 -
Administrator Whittaker refer:—redthe-i-��'ouncil to a letter from
Federal Land Co., dated July 29, 1983, opposing the construction
of a fence along the west side of County 19 r, adjacent to their
property. The Council concurred the fence should be eliminated
south of Eamnes' pit or relocated the; hike path or, the east side of..
Co. 19.
M/S/P Eder/Mazzara instructing the City Administrator to write
County Engineer, Chuck Swanson, and relate the Council recommendation.
Carried 5-0.
LACE ELMO CITY COUNCIL MEETING,)AUGUST 16, 1983 -7-
10. ADMINISTRATOR"8 REPORT:
D. 'Cottage Grove-Ra'vi-ne' Watershed' Joint, Po'WetS' Agreement D'raf.t-
Whittaker referred the Council to his comments,(Adm. Memo of 8/11)
and the preliminary comments of the City Attorney (letter of
8/16).
--Fraser - suggested the City request written response from the
other members of the Joint Powers Organization on Administrator
Whittaker's comments. Whittaker will send a copy of his memo
and the Attorney's letter along with a request for a written
response to the participating communities.
H. 1984 Budget -
--Whittaker distributed the 1983 Preliminary Budget Memo which
summarized the key budget issues. He requested the Council
review the material and submit their comments before the September
6 meeting. He further explained the effect of lost State Aid
funding, levy limits, and decreased homestead credits. He noted
that Lake Elmo will be facing a higher levy.
The Council will hold a special Budget meeting on September 13,
at 7 p.m.
F. Maintenance Expenses -
(1} Summer'He'lp ='"The Maintenance Foreman requested that the
summer CETA help be retained for an additional 12 day$, at
City expense. Total cost for the two employees would be $645.
This would be paid out of the Park Fund - Summer_,Help,_:which has
been appropriated, but not expended. The two workers would
help keep up the park maintenance while the maintenance
crew finishes up other summer projects. The Administrator
recommended approving this request.
--Morgan - questioned the need, since City is contracting
with the County to do trail work in Sunfish.
--Whittaker - explained areas of work
maintenance crew does not have time for Park Capital projects
in the summer as all their time is taken up with general park
maintenance.
M/S/P Fraser/Mazzara to the Maintenance Foremans request and
hire the two CETA employees for an additional 12 days at a
total cost of $645. Carried 4-0-1. Morgan abstained.
(2) Radio for new truck - $665 -
Whitta,er ex�pl- aineEl-tie Maintenance Foreman's request for
a portable radio for the new truck. There are sufficient
monies in the Miscellaneous :Supplies Budget. This would
provide each man with a radio. After a brief discussion
on the pros and cons Fraser,made the following motion:
MIS/ Fraser/Mazzara to authorize $665 for the purchase of a
portable radio for the new dump truck, with the understanding
no additional radio units will be required in the near future.
Motion failed 2-2-1 Morgan and Dunn opposed. Eder abstained
stating he would like to view the unit and truck before making
a decision.
LAKE ELMO CITY COUNCIL MEETING, AUGUST 16, 1983 -8-
10. ADMINISTRATOR'S REPORT:
F. M'aint'en'an'ce Expense - Continued -
(.3) Gravel-7$10,853 - The Maintenance Foreman requested
that the surplus funds in the Maintenance Budget, created
by assessing the sealcoating, be used to improve several
gravel roads that were not done last year.
--Dunn - agreed roads are in terrible shape, but felt this is
due more to the way the roads are graded rather than lack of
material on the roads - do not need to spend $10,000 on gravel.
--Eder - familiar with areas where gravel base is scant - may
need cat to come in break up large rock areas.
The Council requested the Maintenance Foreman come in and
further explain the request.
(4)_ Duinp's't'er''for St'orM Xaterial - Whittaker requested
authorization to install a dumpster at the Fire Hall for
storm debris (August 16 storm) as was provided after the
last storm. He noted that the Old Village was hit hard
by the last storm and there will be allot of trees and
debris that residents will have to disposed of.
--Dunn - why pay $600/$1200 for a dumpster when the material
could be dumped on the landfill and burned.
--Whittaker - in the past PCA and County have refused to issue
a permit to the City for burning. Also, the County has .raised
some question of tree disposal on the landfill in their third
party lawsuit against the City. Do not want to create any
additional problems there.
--Fire Chief Kuettner - would not want to burn on the old Landfill
because of the methane gas danger.
--Morgan - City still owns the landfill - cannot imagine anyone
suing - City should make this area available for branch and
tree disposal.
As no consensus could be reached,the Council tabled any decision
until September 6.
M/S/P Fraser/Morgan to table action on the request for a dumpster
until September 6. Carried 5-0.
ADJOURN: M/S/P Morgan/Dunn to adjourn at 9:50 p.m. Carried 5-0.
RESOLUTIONS: 83-54 - Bates/Tellander Simple Lot Divisions
83-55 - Tartan Meadows Final Plat Extension
R-83-55
RESOLUTION
CITY OF LAXr ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION GRANTING AN EXTENSION OF FINAL
PLAT APPROVAL FOR TARTAN MEADOWS.
WHEREAS, the Final Plat of Tartan Meadows was
approved by the City Council of the City of hake Elmo on April
21, 1981, by Resolution 81-28; and,
WHEREAS, the Development Agreement prepared to ful-
fill the requirements of Final Plat approval required that
the Developer_ complete all public improvements before July
1, 1982; and,
i WHEREAS, Section 401.250 E. of the Municipal Code
of Take Elmo requires the Developer to record the Final Plat
within 120 days of approval of the Final Plat unless a time
extension is approved by the City Council; and,
WHEREAS, the Developer has requested a second one-
year extension for the completion of the public improvements
in Tartan Meadows because the current economy makes development
of the property very difficult;
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Lake Elmo:
THAT, the approval of the Final Plat for Tartan
Meadows is extended until all the conditions of Resolution
81.-28 are complied with; and,
THAT, the Development Agreement for the construction
of l:ublic improvements in Tartan Meadows is hereby amended
to require completion of said public improvements before
July 1, 1984.
ADOPTED, this the 16th day of August, 1983, by the
City Council of the City of Lake Elmo, Washington County,
Minnesota.
Maynard .LT Eder, Mayor
ATTEST:
Lau ence E. Wz— l-ittalc((evr_�.
City Administrator
Said
'orne � of
-54
IRESOLUTION
i
C -AE7 TY OF
' WASH ING'ON COUNTY E ELMO
MINI�ESOTA
A RESOLUTION APPROTT_rNG
PROPERTY OWNED By TAM A SIMPLE LOT S JOSEPI, SCHWEITZ. BATES, GAI UBDIVISION FOR
L TELLANDER AND
I WHEREAS,
n Tom Bates Gail Te
Property located in ��e Cit llander and
.follows, to_ Jose
wit: Y of Lake Elmo Ph SchwietZ
' legally -described
PARCEL A
A11 of Lot 2
Block 1 DEMONTR,= %.71LLE HHIGgLhat of Lot
accordin AND Part l
CountRecorder-
g to the plat on 4TH ADDITIO
Y Recorder. washin file in the off' N,
described as fo1 �ws: gton Count ice of the
�l b, Y, Minnesota
j Beginning at the Wort
Lot 1; thence Sou �h ggeast corner of
11 seconds degrees said
Plat West, }� Baring oriented minutes
along the n c� rth said
a distance of line said 10 Q _ 4O 0 feet • of Lot 1
degrees 39 minutes 12 thence South 7
feet; thence North 77 decrees East 37.3. l
beginning,, East G 6 _ p5 feet
30 minutes
gnorng, contain n is u the
Moreof
less. g 633 quare eet,
PARCEL 13
4TH of Lot 1, Bloc}t 1
ADDITION, and C , DEMONTREVILLE
EMONTREVILLE HIGHLA�iTDSPart of HIGHLAND
o the plat o ND ADDI of 6. Block 2,
corder n file �n the Office of according
Washington County, Minnesota Y
follows; the Count
to described
ebY
Ll3-
ne
of this