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HomeMy WebLinkAbout09-18-84 CCMLAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 1984�uUS�1, The meeting was called to order by Mayor Eder at 7:00 p.m. in the City Council chambers. Present: Dunn, Fraser, Mazzara, City Engineer Bohrer. 1. Agenda M/S/P Fraser/Mazzara - To adopt the agenda as presented. (Motion carried 4-0). 2. Minutes - August 21, 1984 and September 11, 1984 M/S/P Fraser/Dunn - To approve the minutes of the August 21, 1984 City Council meeting as presented (subject to the correction of spelling errors). (Motion carried 4-0). M/S/P Mazzara/Fraser - To approve the minutes 1984 City Council meeting as presented (subject spelling errors). (Motion carried 4-0). 3. Claims of the September 4, to the correction of M/S/P Dunn/Mazzara To approve claims 85226 thru 85298 as presented. (Motion carried 4-0). 4. Licenses A. Review of City policy of issuing 3.2 beer licenses for activities at Green Acres Recreational Center (a condition of the CUP). The City Attorney was not able to present a legal opinion on this subject at this meeting and the matter was tabled. Fraser did ask that the City Administrator investigate how and why the process was started in the first place. She believed that there had been some reason and that we should determine that reason before taking action. B. Request for 3.2 beer license for Saturday, October 6, 1984 at Green Acres Recreational Center for the Maplewood Sports- man Club. M/S/P Mazzara/Fraser - To approve a one day 3.2 beer license at Green Acres Recreational Center on October 6, 1984 for the Maplewood Sportman's Club. (Motion carried 4-0). 5. Public Hearing for proposed Revenue Sharing and General Fund Budget. Pursuant to published notice, this public hearing was called to order by Mayor Eder at 7:33 p.m. in the City Council Chambers. The Mayor asked for comments from the public regarding this public hearing. Receiving no requests to address the proposed Revenue Sharing and General Fund Budget, the public hearing was closed at 7:36 p.m. LAKE ELMO CITY COUNCIL MINUTES 9-18-84 PAGE 2 Fraser stated that the Council has reviewed this proposed budget at length, and made the following motion. M/S/P Fraser/Dunn - To Adopt R84-53 approving the 1985 General Fund, and Revenue Sharing Budget as presented, and levying taxes for 1985. (Motion carried 4-0). M/S/P Fraser/Mazzara - To approve the application of the Revenue Sharing Funds to the police contract. (Motion carried 4-0). 6. City Engineer's Report A. Pebble Park Tennis Court Improvement - Final Payment Parks Commission Chairwoman, Sue Dunn and Parks Commissioner Nancy Hansen asked that the City defer final payment of this tennis court improvement until the tennis court could be inspected by the City Engineer. Hansen stated that she visited the court after a rainfall, and there was water standing in three different locations. She stated she was unhappy with the overall appearance of the court and asked that the City Engineer inspect it before final payment was made. She further stated that her major concern is the length of time the water would stand on the court. The Engineer stated that he was unable to visit the court after the rainfall, but asked the Maintenance Foreman to check it out. The Maintenance Foreman agreed that there was water standing, but according to his calculations, using a method of measurement as directed by the Engineer, was less than 1/8 of an inch. \- M/S/P Fraser/Dunn - To defer final payment to Sjolstrom, Inc. for the resurfacing of the Pebble Park Tennis Courts until they are inspected by the City Engineer. (Motion carried 4-0). B. Public Hearing for application by Loetscher/Dickhausen for a simple lot subdivision and lot size zoning variance at 3063 Jamley Avenue. Pursuant to published notice, this public hearing was opened at 8:07 p.m. in the City Council chambers. The applicants, Mrs. Daniel Dickhausen and Mr. Russell Loetscher were present at this public hearing to review their applications The Council reviewed the application, the City Administrator's background information and the memo from the City Engineer dated August 27, 1984. The Council further reviewed the Planning Commission's recommendation to approve this application - their contention being that the housing units were built before the code was adopted and that the existing situation of having two houses on one lot is a worse situation than having two,sub-standard sized lots. The minimum requirements suggested by the City Engineer were that the. applicant show that there is sufficient room so each septic system can be upgraded to meet the present City code. This would involve soil testing, appropriate design, and a scale drawing showing the layout, and pointed out that neither of these homes are in the 201 Program. LAKE ELMO CITY COUNCIL MINUTES 9-18-84 PAGE 3 The City Engineer further suggested that a Certificate of Survey be revised to show Jamley Avenue right--of-way at 30 feet. Deeds for the right-of-way are to be provided. ( There were no citizens present to offer comments for or against this proposal and the public hearing was closed at 8:28 p.m. MIS/ Fraser/Dunn - To approve a simple lot subdivision and zoning lot size variance for the Loetscher/Di.ckhausen application at 3063 Jamley Avenue contingent upon the applicant meeting the conditions setforth by the Planning Commission and the conditions setforth by the City Engineer. The Engineer expressed concern that adequate soil tests, etc. have not yet been provided proving that there would be alternate sites for drainfields, should the existing systems fail, and that this is required in the city code. Fraser withdrew her motion. The Council directed Loetscher and Dickhausen to return to the Council when they have obtained well drilling costs; to present soil test results showing suitable second drainfield sites if the present systems fail, and to revise the property survey showing a 30-foot right-of-way on Jamley. C. Application by Mr. Peltier for rezoning from RR to Commercial from 1-94 to 1/8 of a mile north from CSAH 17 to CR 19. Mr. Peltier appeared before the Council and withdrew this application. He advised the Council that he would be returning with another 1 rezoning application and concept plan for a truck terminal/office building in the near future. D. 201 Program 1. County Resolution for joint bonding At the last City Council meeting on September 4, 1984, the Council passed a motion indicating approval of entering into a Joint Powers Agreement with the County, contingent upon approval of the City Engineer, City Attorney and City Administrator. The Council's concern with this agreement was with the "Disbursements" of the funds. The agreement stated in part that "Moneys and funds shall be held, disbursed, and accounted for in such manner as the County may determine, provided that the County shall not less often than semiannually until completion of the Project report all receipts and disbursements with respect to the Project to each of the Governmental Units". The Engineer informed the Council that he spoke with Mr. Bieraugel, Washington County Planner who advised him verbally that the City of Lake Elmo will be able to draw their money upon request. With this clarification, the following motion was entertained. M/S/P Mazzara/Fraser - To adopt Resolution 84-54 allowing the City of ( Lake Elmo to enter into a Joint Powers Agreement with Washington County for the selling of bonds for the 201 Improvement Project. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES 9-18-84 PAGE 4 2. General Review The City Engineer reviewed with the Council seven Old Village and four Tri-Lakes sewer system locations which require improvements off -site, since soil tests indicate no suitable on -site locations. He plans to meet with these residents and owners of affected land the week of September 24th to discuss the improvements and necessary land acquisition. Bohrer said plans will be submitted to the Minnesota Pollution Control Agency and Environmental Protection Agency, which are funding 94% of the project design and construction, two weeks ].ate. Also, he said the project construction phase will be extended over a five -month period through November, 1985, a month later than originally scheduled. E. Other The Engineer advised the Council of a problem that has occured in the Lanes DeMontreville Country Club Addition. A Stephen Grabski who owned Lots 610 thru 620 and Lots 519 thru 527 (and who is included in the 201 Program) has sold Lots 612 thru 615 and 524 thru 527, along with the existing house to a James Marcio. Mr. Grabski sold Lots 610 and 611 to a Mr. Wackerfuss and retained Lots 616 thru 620 and 519 thru 523 for himself. The Engineer further advised the Council that what Mr. Grabski did was in violation of the City Code (Section 301.090B) which states: Contiguous Parcels: If in a group of two or more contiguous lots or parcels of land owned or controlled by the same person, any individual C lot or parcel does not meet the full width or area requirements of this Ordinance, such individual lot or parcel cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots or parcels under the same ownership so that the combination of lots or parcels will equal one or more parcels of land each meeting the full lot width and area requiements of this Ordinance; and City Code (Section 301.090F) which states: No yard or lot shall be reduced in area or dimension so as to make it less than the minimum required by this Ordinance, and if the existingyard or lot is less than the minimum required, it shall not be further reduced. No required yard or lot currently used for a builing or dwelling group shall be used to satisfy minimum lot area requirements for any other building. What Mr. Grabski essentially did was to make three non -conforming lots out of one non -conforming lot; and also sold the only acceptable site for a drainfield (Lots 610 and 611) that had been planned for Lots 612 thru 615 and Lots 524 thru 527 where a house now exists and is to be included in the 201 Program. The Council expressed concern over this problem and took the following action., M/S/P Eder/Dunn - To instruct the City Administrator and City Attorney to pursue what appears to be a conflict with the City Code regarding the lot splits in Lanes DeMontreville on the property owned by Steven Grabski. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES 9-18-84 PAGE 5 7. City Council Reports A. Lake Public Accesses - Mayor Eder Eder expressed his irritation with the DNR for removing the Lake Jane access sign (which he considers to be City property). The DNR objected to the last two rules on this sign (1) accesses only until 10:30 p.m.; and (2) access parking capacity is eight vehicles with boats. The DNR objected to these rules and said the launching and access capacity were illegal according to the present city ordinance. The.Council reviewed the City Administrator's memo in which he states that the city staff, working with the Council and the DNR, plan changes in the surface water ordinance relating to boating activities during flooding periods on city lakes. 8. City Administrator's Report (None) The meeting was adjourned at 9:50 p.m. Resolution 84-53 General Fund Budge and Revenue Sharing Funds Resolution 84-54 Joint Powers Agreement with Washington County for 201 Program. Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL SEPTEMBER 18, 1984 7:00 p.m. Meeting Convenes 1. Agenda 2. Minutes: August 21, 1984 and September 4, 1984 3. Claims 4. Licenses A. Review of City policy of issuing 3.2 beer licenses for activities at Green Acres Recreational Center (a condition of the CUP). B. Request for 3.2 beer license for Saturday, October 6, 1984 at Green Acres Recreation Center for the Maplewood Sportsman Club. 7:30 p.m. 5. Public Hearing for proposed Revenue Sharing and General Fund Budget. 6. City Engineer's Report: A. Pebble Park Tennis Court Improvement - Final Payment. 8:00 p.m. B. Public Hearing for application by Loetscher / ickhausen or a simple lot subdivision and lot size zoning variance at 3063 Jamley Ave. ------------------------------ BREAK--- C. Application by Mr. Peltier for rezoning from RR to Commercial from 1-94 to 1/8 of a mile north from CSAH 17 to CR 19. D. 201 Program 1. County Resolution for joint bonding. 2. General Review (for approximately 45 minutes). E. Other 7. City Council Reports A. Lake Public Accesses - Mayor Eder 8. City Administrator's Report September 13, 1984 TO: Lake Elmo City Council FR: Patrick D. Klaersr City Administrator RE: Informational Material for the September IS, 1984 Council Meeting 1. Wish to acknowledge that I will be ggt_gf_tgMg during the September IS Council meeting. The agenda is fairily light, but there will be a lengthly discussion on the 201 program" If additional information is needed on any Council agenda item there should be no problem with tabling that agenda item until I return and can provide additional background information" 2. Attached for your information is the most recent dated September ll, 1994^ This newsletter edition highlights articles on the proposed 1995 City Budget and the street assessment program" 3. Attached for your information is a letter dated September lO from the DNR relating to the proposed According to the letter from Del Barber, this landscaping will be completed in the spring of 1985" 4" Attached for your information are the from the Lake Elmo Volunteer Fire Department, the Washington County qheriff`s Department and the Lake Elmo Maintenance Department" 5" Attached for your information is a newspaper article from the Minneapolis Star and Tribune dated September 4, 1984, dealing with This article is just one of many that have hit the press in the last few months and you can he assured that there will be future articles on this topic" Many questions relating to how a fair program is developed have yet to be answered and the staff and City Council will be addressing this issue early in 1985" The first requirement in the comparable worth law is that a plan is approved by October, 1995, and then this plan has to be implemented in the following year., 6. Attached for your information is a letter from the Washington County Parks Director, Jack Perkovich, describing the activities that are planned in the RggignQ_Qck , On the backside of this letter is a map showing the locations of these proposed activities" As you can tell, activities will be increasing in 1985 and shortly the staff will be working with the County in developing a contract for both governmental agencies to sign" This contract will have to describe in detail who provides what services/at what costz For example, who will be providing police services, fire and emergency services, maintenance for the roads in the summer and winter and who will prosecute cases for criminal activities that take place in the park plus other areas of concern.