HomeMy WebLinkAbout12-06-83 CCMLAKE ELMO CITY COUNCIL MINUTES
December 6, 1983
Prior to the meeting a brief presentation was made by Richard Franson
of Electronic Design Company on a microphone system for the City
Council Chambers.
The meeting was called to order by Mayor Eder at 7:10 p.m. in the City
Council Chambers.
Councillors present: Dunn, Mazzara, Fraser and Morgan (arrived at
7:15 p.m.)
1. Agenda:
M/S/P Mazzara/Fraser - To approve the agenda as presented. (Carried
4-0)
2. Minutes: November 15, 1983 City Council Meeting
M/S/P Fraser/Mazzara - To approve the November 15, 1983 City Council
Minutes as amended; Delete from Page 3, Paragraph 3 "April 30th was
an arbitrary date, the weather being a considering factor, however".
(Carried 5-0)
3. Claims List:
M/S/P Morgan/Fraser - To approve Claims 84322 thru 84391. (Carried
5-0)
4. Engineer's Report:
a. CSAH 15 Proposed Improvements by Washington County.
City Engineer, Larry Bohrer, reiterated the proposal of the Washington
County Public Works Department as outlined in his letter of December
1, 1983 to the City Council, and recommended adoption of the proposed
resolution.
Mr. Dick Herold of the Washington County Public Works Department was
present to review the plan and to answer any questions from the City
Council.
M/S/P Morgan/Fraser - To adopt Resolution 83-72 approving the plans
for upgrading a portion of CSAH 15 (Manning Avenue). (Carried 5-0)
b. Shoreland Permit and Variance for Ken Evanoff at 9199 Jane
Road North.
City Engineer, Larry Bohrer, discussed his comments regarding this
application as outlined in his letter of December 1, 1983 to the City
Council. Bohrer further stated that he spoke with the DNR on December
6, 1983 and they did not indicate they would have any problem with
this variance. The DNR, however, has not completed their approval of
the permit and stated that the City's action would not limit any
®E
LAKE ELMO CITY COUNCIL MEETING December 6, 1983 Page 2
conditions the DNR might put in the permit. The DNR's typical
concern, on retaining walls such as this, is to insure that the wall
is maintained and remains in good repair.
M/S/P Morgan/Dunn - To approve the Shoreland Permit and Variance for
Kenneth Evanoff for construction of a timber retaining wall with earth
backfill within the shoreland area of Lake Jane. (Carried 5-0)
Council discussed the possibility of similar requests from other
property owners experiencing the same water problems. Bohrer stated
that there is at least one other property owner that might benefit
from a similar type variance, and that it is a good alternative to
bringing in pumps when the water level exceeds elevation 922 feet.
C. Public Hearing for a Simple Lot Subdivision and Variances for
William Stouvenel at lot 1, block 1 of Brockman Addition.
Pursuant to published notice, this Public Hearing was opened at 7:35 in
the City Council Chambers.
City Engineer, Larry Bohrer, stated that he had no doubts that with
any reasonable size building and parking lot, the proposal could meet
drainage requirements, septic system requirements, etc. The only
issue is lot size.
City Administrator, Pat Klaers, outlined the requirements for granting
variances, as written under Section 301..050 of the City Code.
Discussion on the standards that were set for general business and
commercial building lots. Eder questioned whether or, not the
1-1/2 acre requirement was an arbitrary figure. He felt that requests
such as this should be looked at individually.
Fraser stated from a procedural point of view, there is no hardship
and she could not see the justification for a variance. She felt a
change or modification of the zoning requirements would be a more
appropriate route, so whatever standard is set applies to all
landowners rather than making an exception to the regulation.
Morgan concurred with Fraser in that he could not see the hardship,
and if there is something wrong with the zoning laws for business, the
City should address that problem.
Dunn stated if the City started dividing these lots into 3/4 acres,
they are setting a precedent for small lots, and is concerned about
potential septic system problems.
Klaers
informed the
Council that the procedure to amend or
modify the
zoning
ordinance would
include calling a public hearing,
publishing
notice,
and if it is
changed, informing the Met. Council.
If the Met.
Council
found that
change had metropolitan significance,
they would
require
a ninety day
review process.
Bohrer stated that there could be some other ramifications if the lot
size for all parcels of a certain zoning classification were
downsized. It may affect things like drainage, ability to pond water,
etc. In this case, where the improvements were basically designed and
Installed before development, it is a little easier to control and be
able to tell what the impact would be.
LAKE ELMO CITY COUNCIL MEETING December 6, 1983 Page 3
Mazzara stated if this variance was approved, it would be approved
without justification. However, it is a business area and by granting
this variance, (if there is nothing detrimental to water, sewer, or
roads,) something beneficial to the community could be put in.
Carol Kuettner, 9103 Jamaca Court N., stated that as a member of the
public she was opposed to approval of this variance. She felt it
would make more sense to change the criteria. There wouldn't
necessarily have to be a specific lot size, the criteria should be
that it meets the necessary requirements, depending on where it is
located and what the land can hold.
Mr. Stouvenel stated that the maintenance of the lot in itself has
been a hardship. There has been a good deal of money and effort spent
trying to create and maintain beautification in the undeveloped areas,
but the weeds have become uncontrolable and he has given up.
Eder suggested that the Planning Commission take a look at the
present standards versus what is the minimum area that could be
required for different, types of business'.
Morgan stated that he does not see the hardship, and the City would be
setting a precedent that would apply throughout the City. He stated
he was going to vote against this subdivision and said he would rather
see the ordinance changed for business or commercial applications.
Stouvenel stated that Morgan was a member on the Council when the
rezoning was done in Lake Elmo. There were protests from many people
at the time, and the answer from Morgan and the Administration was "if
it is reasonable and fair, just bring it back to the Council and ask
for it and you will get it." He further stated that he felt this was
a reasonable and fair request.
Morgan stated he did not recall saying that, but still did not feel
this was a fair and reasonable request.
Discussion on sending the issue back to the Planning Commission for
.review, with some direction or something specific in mind.
Fraser stated that she was unsure as to the need for this review.
This request is one instance, but are there enough other instances or
potential instances to warrant this procedure? She further added that
she would very much like to grant this request, but does not see the
justification allowing for it.
The Public Hearing was closed at 8:10 p.m.
M/S/P Morgan/Dunn - To deny the simple lot subdivision and variances
for lot 1, block 1 of Brookman Addition. (Motion carried 3 - 2 <Eder
and Mazzara>)
M/S/P Mazzara/Fraser - To ask the Planning Commission to review the
standard requirement of 1-1/2 acres for general business zoning.
(Motion carried 5-0)
LAKE ELMO CITY COUNCIL MEETING December 6, 1983 Page 4
d. Petition - Jane Road North Improvements:
City Engineer, Larry Bohrer, summarized Larry Whittaker's memo of
December 2, 1983, and clarified the following items in this memo.
That in the last paragraph on page one wherein it is stated that "the
street we will have to maintain will, with the right drainage
improvements, last as long as a typical 32 foot street with curbs."
should read that "the street will last as long as a typical street of
the same type without curbs". On page two wherein it states "the re-
alignment would be more desirable, but the Brass' who are most
affected by the present alignment, are willing to accept a slight
encroachment onto their property." No encroachment actually goes onto
their property, it's just that the boulevard is much smaller; and
delete the word "easement" from the fourth line of Item #5 on page 1
of report.
M/S/P Morgan/Eder - To Adopt Resolution 83-73 accepting the Jane Road
North Petition under the terms negotiated as outlined in Larry
Whittaker's memo of 12/2/83 (as amended) in developing the designs of
the road and instructing the City Engineer to proceed with the
necessary preparation of plans and specifications as agreed upon.
The project has been deemed feasible under the 6/21/83 report by City
Engineer. (Motion carried 5-0)
Notation was made that the resolution formally adopted, to accept the
street should be recorded against the deeds of all of the properties
involved.
Fraser stated that in principle she did not agree with this solution
and from a practical point of view, the standard 32 foot road would be
more desireable and less costly in the long run. As the Council did
not adhere to the standard 32 foot road requirement and allowed this
to become negotiable, her only reason for voting in favor of this
motion now is that it is the best solution to the problem, and not
because it is a desireable approach.
e. Other:
M/S/P Dunn/Morgan To accept the bid from LPD Electric in the amount
of $215.00 to furnish and install a used wooden utility pole in Lions
Park; and to authorize the City Administrator to enter into an
agreement with LPD Electric for this work. (Carried 5-0)
5. Planning Commission Report:
a. David Nelson Rezoning Application:
Nelson presented a minor change in the positioning of the proposed
five houses on his land. He also asked if his lots could be divided
in such a way that a portion would be on one side of the proposed road
and a portion on the other.
City Engineer Bohrer stated that the lots would then be discontinuous
and didn't know of anything in the City Code that specifically denies
it, but doesn't know if it has ever been done.
1
R= J3=73
RESOLUTION
1 �
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING IMPROVEMENTS TO JANE ROAD
NORTH AND THE PREPARATION OF PLANS.
WHEREAS, a certain Petition requesting the improvement
of Jane Road North from Jamaca Avenue North to the west end
of Jane Road North, was duly presented to the City Council on
the 6th day of December, 1983; and
WHEREAS, pursuant to the Resolution of the City Council
adopted September 1,3, 1983, a report has been prepared by
Toltz, King, Duvall, Anderson & Associates, Inc., with reference
to the proposed improvement and this report was received by the
Council on the 6th day of December, 1983.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Lake as follows:
1. The Council finds and determines that said Petition was
signed by all owners of real property abutting upon the street
named as the location of the improvement.
2. Such improvement .is hereby ordered as proposed in the
City Administrator's Memorandum of December 2, 1983.
3. Toltz, King, Duvall, Anderson & Associates, Inc., is
hereby designated as the Engineer for this improvement. Said
Engineer shall prepare plans and specifications for the making
of such improvement.
Adopted by the City Council of the City of Lake Elmo, this
6th day of December, 1983.
Maynard Eder, Mayor
ATTEST:
Patric], D. Klae.rs, City Administrator
LAKE ELMO CITY COUNCIL MEETING December 6, 1983 Page 5
It was stated by Mr. Waterous (Gun Club President) that the Gun Club
now owns 62 acres of land.
Morgan stated that although he is a supporter of the Gun Club, Mr.
( Nelson's proposal is reasonable and feels he could go along with this
rezoning, but would listen to any strong arguements from the Gun Club.
Dennis McCarty (Gun Club President Elect) noted the Gun Club's
concerns were that of a possible serious affect on the Club's
existance in the future. Also, that the proposed covenants would do
nothing to prevent legal action against the Club and their existance
in the future.
Dunn stated that he will vote against this request because he does not
want to see heavy population put in next to the Gun Club. He feels
the City is going to run into a lot of problems legally and feels the
residents will want the City to close the Gun Club.
M/S/P Mazzara/Fraser - To adopt Ordinance 79-57 which amends the
zoning ordinance to rezone the Nelson property;ie: W 435.6 of E2006 of
S 1000 of S 1/2 of SE 1/LI of Section 26 in Township 29 N of Range 21
W, from RR to Rl. When the lots are platted, a covenant is to be
attached to each deed informing the new owners of the Gun Club's
existance and the possibility of noise and safety problems. (Motion
carried 4-1 <Dunn>)
6. Park Commission Report:
a. Portable sanitary facility at Sunfish Park.
M/S/P Morgan/Mazzara To accept the bid from Satellite Industries, to
provide a portable sanitary facility in Sunfish Park. (Carried 5-0)
b. Trail Grooming Contract With Washington County:
M/S/P Morgan/Mazzara To accept the trail grooming contract with
Washington County for grooming the cross country ski trails in Sunfish
Park in an amount not to exceed $1200. (Carried 5-0)
c. Park Shelter Workers for 1983-84 Season:
M/S/P Fraser/Morgan To accept the City Administrator's
recommendation to hire Dave Eder as Supervisor at $3.60 per hour and
Jill Eder and Shelley Weeks as Park Shelter Workers at $3.35 per hour
for the 1983 - 84 Season. (Motion carried 5-0)
d. VBWD Requests•
1. City Park Pond Water Level
2. Culverts on Trail System
M/S/P Morgan/Mazzara To instruct the City Administrator to write a
letter to VBWD asking for two to four culverts in Sunfish Lake
Park around the trail system to prevent further erosion, and to
maintain the trails that have been affected by this erosion. (Carried
5-0)
Morgan expressed concern over what was being done along County Highway
#6. There are huge storm sewers being put in (all facing Lake Elmo) and
he would like to know what is going on.
LAKE ELMO CITY COUNCIL MEETING December 6, 1983
-
The City Council was introduced to the new Lake Elmo
Fure.
7. Council Reports:
(
a. Cable Commission Appointments•
Patrolman, Jim
M/S/P Fraser/Mazzara To reappoint Maynard Eder as Council Delegate,
and Laura Fraser as Council Delegate Alternate; and Dave Garloff as
Citizen Delegate, and Carol Kuettner as Citizen Delegate Alternate to
the Suburban Cable Commission. (Carried 5-0)
b. Regular Council Meeting on December 20th:
M/S/P Morgan/Dunn To cancel the December 20th, 1983, City Council
Meeting. (Carried 5-0)
It was noted that a meeting will be called if anything requiring
immediate action by the City Council should arise.
8. Administrator's Report:
a. City Administrator's Contract:
M/S/P Eder/Fraser - To approve the contract for City Administrator,
Patrick D. Klaers, as drafted. (Carried 5-0)
In reference to Larry Whittaker's memo of December lst, wherein he
stated he would be available, if needed, at the rate of $25.00 per
hour, Dunn stated that he felt that there has been sufficient overlap
with the transition of City Administrators, and felt it was time to
sever the City's relationship with Mr. Whittaker. (It was noted that
these services could not be used without the prior consent of the City
Council.)
b. Building Official's Contract:
M/S/P Fraser/Mazzara - To amend the agreement with Mahtomedi to
approve the contract for Building Official, James McNamara, as
drafted. (Carried 5-0)
M/S/P Fraser/Mazzara To approve the payment of $1400 per year to
the City of Mahtomedi for providing a vehicle for the Building
Official to use during working hours, excluding the months of June,
July and August for which the Building Official will provide his own
vehicle and will not be reimbursed for mileage; and to approve the
increase of the City Administrator's monthly car allowance to $100.
(Carried 5-0)
C. Capital Outlay Quotes•
M/S/P Fraser/Morgan - To approve the purchase of one two -drawer,
legal, fire -proof file from American Typewriter for the sum of
$575.00, delivered; and to approve the purchase of one Apple II
Computer from Weldon/Computerland for the sum of $2,207. (Carried 5-0)
Fraser requested that the City Council be informed, from time to time,
of the work being done on the computer, and in particular, the
accounting program.
LAKE ELMO CITY COUNCIL MEETING December 6, 1983 Page 7
d. Liquor License Renewals:
M/S/P Morgan/Dunn - To approve the following liquor licenses for
1984: Lake Elmo Inn: On Sale, Off Sale and Sunday. (Record check on
new owners completed 11/29/83. All interested parties cleared by
Washington County Sheriff's Department <Captain Green>); Twin Point
Tavern: On ,Sale, Off Sale and Sunday; 3M Club -Tartan Park: On Sale,
Off Sale and Sunday; VFW - Post 5725 Club: On Sale and Special Sunday
Event License. Turkey Bingo Sunday Events for November 4, 11, and 18;
Non -Intoxicating Malt Liquor Licenses: Brooks Superette: Off Sale;
Cimarron Golf Course: On Sale; (Carried 5-0)
e. Hammes Mining Permit:
M/S/P Mazzara/Morgan - To grant the Hammes' a Conditional Use Permit
for their mining operation until October 31, 1984.
<Fraser>) (Carried 4-1
Fraser stated her nay vote was in -eon u rann-ce with objections
expressed at previous City Council meetings against approving this
mining permit.
Eder stated the City should continue to work with the Hammes' to
correct the violations.
Dunn stated that the position paper should be revised, and all
violations that are not worthy of pursuing or that have been corrected
should be eliminated from the position paper.
Dunn suggested that a list of violations be presented to the Hammes'
and that the City should ask for a bond. Then if the violations are
not corrected, the City could call the bond.
Consensus of the Council was to check the legality of a bond with the
City Attorney.
f. Fire Department Officers
M/S/P Eder/Mazzara - To approve the officers elected by the Fire
Department, effective January 1, 1984 as follows: Chief, Fran Pott;
Assistant Chief, Dick Sacks; Captains, Jim Bjorkman, Bill Eder, and
Jerome Eder. (Carried 5-0)
B. VBWD:
Resolution 83-72 - CSAH 15 Improvements
Resolution 83-73 - Jane Road North Improvements
Ordinance 79-57 - Nelson Rezoning
/-3-,?y dr