HomeMy WebLinkAbout10-02-84 CCMLAKE ELMO CITY COUNCIL MINUTES
OCTOBER 2, 1984
The meeting was called to order by Mayor Eder at 7:00 p.m. in the
Council chambers. Present: Dunn, Fraser, Mazzara, Administrator
Klaers, Engineer Bohrer.
1. Agenda
M/S/P Fraser/Dunn - To adopt the agenda as amended. Add 6A -
Association of Metropolitan Municipalities - Fraser; and 6B -
Christmas Party - Fraser. (Motion carried 4-0).
2. Minutes: September 18, 1984
M/S/P Fraser/Dunn - To approve the minutes of the September 18, 1984
City Council meeting as amended. (Motion carried 4-0).
3. Claims
M/S/P Dunn/Mazzara - To approve claims 85299 thru 85342 as presented.
(Motion carried 4-0).
With reference to claim #85326 in the amount of $100 to the Bayport
Fire Department for 10 gallons of lite water, Dunn asked if the City
has received any reimbursement from the insurance company. The
Administrator responded that if the Fire Chief hasn't already done so,
he will be making this request. Dunn stated that we should follow-up
on this as these people are insured, and the insurance company will
pay if a claim if filed.
4. Public Inquiries
A. Clyde Durand, 2860 Lake Elmo Avenue, regarding the
possibility of being added to the 201 Program.
Mr. Durand stated that he just purchased this house and was not aware
of the 201 Program. He stated in a letter to the Council that his
Aunt does not remember ever receiving notice regarding the 201
Program. He further stated that there is a definite need for a new
sewer system and asked that this house be included in the 201 Program.
The City Engineer stated that his records show that Elizabeth Durand
was on the mailing list and was sent a questionnaire. After receiving
no response to the questionnaire, TKDA's engineers followed up with a
verbal conversation with Mrs. Durand to obtain some basic information.
The questionnaire was filled out by the engineers after talking to
Mrs. Durand, and it is evident from the questionnaire that very little
information was obtained. The words "not cooperative" on the top of
the questionnaire was the engineer's comment. The most significant
comment is on the last page where it was noted that Mrs. Durand felt
there was no need to participate in this program.
The Engineer further stated that the Durand septic system could have
developed a need recently, especially if the occupancy of the house
LAKE ELMO CITY COUNCIL MINUTES 10-2-84
PAGE 2
changed; however, the question seems not one of need but whether the
Durand's were afforded an opportunity to participate in the program and
chose not to. He further stated that he felt the action taken by the
Council to close new applications in April, 1984 was appropriate and
should remain closed.
The consensus of the Council is to abide by their decision made in
April, 1984 to close the applications for participation in this
program, thereby denying Mr. Durands request to be included in this
201 Program.
The Council explained to Mr. Durand that the Hagberg's were allowed
into the program because of a proedure problem on the part of the
staff.
B. Mr. Don Hauser, representing Gary Hauser regarding the double
assessment for Gary Hauser's duplex at 911.0 Jamaca Court.
Mr. and Mrs. Hauser were present representing their son who is living
in Panama. They disagree with the method of assessment and asked for
an explanation as to why a single owner would be assessed twice as
much as anybody else in the area as there is the same amount of street
frontage.
Eder stated there are various ways to assess projects. One is by
front footage and one is per unit charge.
The Engineer explained that most projects in the past have been
assessed on a per unit basis; ie: living unit.
The Council attempted to explain to Mr. and Mrs. Hauser how they
justified assessing duplexes as two units, even though the house
itself may be owned by just one person.
The Hauser's asked if there was any recourse they could take as they
do not feel this assessment procedure is fair.
Eder responded that their only recourse now, since the public hearings
have been held and unless someone on the Council moved to change the
decision the Council has made, would be to consult an attorney for
advice on what can be done.
Fraser stated that when the Council considered how this project would
be assessed, the attempt was fairness. Without knowing who owned what,
they discussed the concept of two units and it seemed fair to the
Council to assess per unit. Whatever method is used hits some people
harder than others, however, it still seems to be a fair way to do it.
The consensus of the Council was to abide by their decision to assess
this project on a per unit basis, thereby denying Mr. and Mrs.
Hauser's request for reconsideration of their son's double assessment.
5. Engineer's Report
A. Pebble Park Tennis Court Improvement - Final Payment
The Engineer stated that he and Parks Commissioner, Nancy Hanson met
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 3
to review the work done on this project. On September 24, 1984, after
a sufficient rain, they viewed the courts and again found all standing
puddles to be less than 1/8" deep and within tolerance. Only the west
( court of the three courts is affected - because that court was the
flatest to begin with.
He further stated that Nancy is still not satisfied with the condition
of Court No. #3• It was the Engineer's opinion that the difference of
opinion is not about the quality of this contractor's workmanship but
about the typeof work ordered to be done. To provide adequate
drainage in these courts equivalent to new courts would have required
a variable depth bituminous overlay to build up crown in addition to a
new color coat. The cost of that improvement is equivalent to one or
two new courts and was not within the budget allowed.
The Engineer further stated that the Pebble Park courts now have a new
surface which will extend their service life. All courts have an
improved playing surface 99% of the time. Only the west court is
hindered for a day or so after a rain, which is not the fault of this
contractor. He stated his opinion is the contractor performed the
work he was hired to do in a good and workmanlike manner and should be
paid in the amount of $3,990.
Mazzara asked if when the Parks Commission decided to do this project,
were they under the impression that all of these problems would be
taken care of.
The Engineer stated that he thought one Parks Commission member had
the idea that a certain type of improvement was going to be done, but
the remainder of the Parks Commission members understood what types of
improvements were going to be done. The Engineer provided cost
estimates for both alternatives to the Parks Commission while they
were deliberating on the decision, and they recommended to the City
Council the project- that was ordered in and constructed.
M/S/P Dunn/Mazzara - To approve the final payment for the Pebble Park
tennis courts improvements in the amount of $3990.00 to Sjolstrom,
Inc. (Motion carried 4-0).
B. 1984 Street Improvement Project - Partial Payment #3.
The Engineer stated that he estimateS this to be the last partial
payment. The next time this issue is before the Council it will be
for final acceptance and payment for this project. All of the
contract work is completed - the work that remains is the clean-up and
any corrective measures that must be made. We will withhold our 5%
retainer until all of this clean-up work is done.
M/S/P Dunn/Mazzara - To approve partial payment #3 in the amount of
$4,140.58 to Forest Lake Contracting for work completed on the 1984
Lake Elmo Street Improvement Project. (Motion carried 4-0).
C. Public hearing for applichtion by Donald Durand, 2901 Lake
Elmo Avenue for a shoreland permit and zoning code variance
to allow an accessory structure to exceed the maximum square
footage.
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 4
Pursuant to published notice, this public hearing was opened at 7:50
p.m. in the council chambers.
Mr. Durand was present at this meeting and explained his proposal to
construct an accessory structure on the 7.34 acres that he owns and on
which he resides. He feels that appearance wise, it would be
advantageous to the City if he could store his equipment and working
material inside of a building, rather than having it sit outside, and
he will need a 1200 square foot building to hold all of this
equipment. Also, this building would replace the existing 12' x 12'
accessory structure.
There were no residents present at this public hearing to speak for or
against Mr. Durand's proposal, and the public hearing was closed at
8:00 p.m.
Eder asked Mr. Durand what the hardship is which would justify the
Council granting this variance.
Mr. Durand stated that he does have a commercial strip of property.
The proposed structure is the minimum square footage that he can use
for his business. His business equipment (scaffolding, planks,
tractor, trailers, etc) is now stored outside and would be put inside
to clean-up the area.
Fraser stated that she did not understand the hardship of the land
that would justify this variance. In order to grant a variance, there
has to be a hardship that has to do with the land.
Dunn stated that considering the fact that we have bad winters in
Minnesota, and since we have already granted Mr. Durand commercial use
of the land, he does not feel the request is out of line. What is out
of line is the City's ordinance with a maximum of 1000 square feet for
a storage shed. This is something we may want to look at in the
future.
The Engineer pointed out that the size of the property is unusually
large in a residential zone, and suggested that if the Council is
looking for some kind of a hardship, the size of the parcel of land
may be taken into consideration.
Mazzara stated he has always questioned the 1000 square foot maximum,
although there has to be some kind of reasonable restriction on what
you do in a residential area.
Fraser stated the hardship has not been justified.. The adjoining
commercial operation and some storage from that operation tends to
decrease the justification. In terms of consistancy with other
rulings the Council has made on similar requests, she would not vote
in favor of this request.
M/S/P Dunn/Mazzara - To approve the variance requested by Donald
Durand at 2901 Lake Elmo Avenue to allow a 1200 square foot accessory
structure, the hardship being Mr. Durand owns an unusually large
parcel of land in a residential zone, and the City has allowed a
commercial business operation adjacent to this land. (Motion carried
3-1 <Fraser>)
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 5
M/S/P Fraser/Dunn - To approve a shoreland permit for Donald Durand
at 2901 Lake Elmo Avenue for the construction of a 1200 square foot
accessory structure. (Motion carried 4-0).
It was the consensus of the Council that the Planning Commission look
at the changes that have been made at the County level regarding the
size of accessory structures, and look at whether these changes would
be beneficial to the City of Lake Elmo.
D. Application by 3M Tartan Park for a Shoreland Permit for
reconstruction of the golf course and drainage improvements.
Mr. Ed Bruno, representing Tartan Park, was present and reviewed the
plans to reconstruct the golf course and to make drainage
improvements.
The Engineer stated that this reconstruction consists of constructing
the golf course expansion south of the clubhouse and west of Horseshoe
Lake. The existing outlet stream from Lake Elmo to Horseshoe Lake
runs through this area. For years, 3M has been pumping excess water
from this outlet stream to other ponds in the park to help alleviate
this problem.
Specifically the work involves filling in of the outlet stream between
Elmo and Horseshoe Lakes to construct the golf course and replacing it
with two 36" pipes. The lower storm sewer pipe will handle normal
flows out of Lake Elmo and is sized and installed to be able to become
part of the "main stem" pipe. The upper culvert pipe will act as an
overflow pipe and will handle, in combination with thq lower pipe, the
present 100 year discharge out of Lake Elmo of 70 cfs.
The existing temporary pump will be made more permanent and installed
in a pump house. 3M will use the pump to maintain a c6sutant level in
their golf course ponds and pump into their irrigation system. No
discharge from these golf course ponds will be allowed until Horseshoe
Lake has an approved outlet.
The Engineer further stated that he has reviewed the plans in general
and has no recommended modifications. He did not recompute the pipe
flows and runoff volumes because that was performed by the VBWD
Engineer and found to meet their requirements. 3M has provided for
the maintenance of the pipes by providing manhole access with steps.
3M has been working on this plan for over one year and seems to be
well thought out. 3M has met with all of the requirements of the VBWD
and the DNR and recommended approval of this shoreland permit.
M/S/P Dunn/Mazzara - To approve a shoreland permit application by 3M
Tartan Park for the recostruction of the golf course and drainage
improvements. (Motion carried 4-0).
E. Resolution for the City to obtain tax forfeited property
from Washingon County.
The Mayor clarified where this land is located. One parcel is in the
Lanes DeMontreville area and the other is a section of street
right-of-way near lst and Immanual, west of Guardian Angels Church.
LAKE ELMO CITY COUNCIL MINUTES 10-2-84
PAGE 6
The Engineer advised the Council that the parcel near lst and Immanual
is the extension of Immanual, just east of Ideal Avenue. The public
has been using it as a dirt road although it never has been
right-of-way. This is a good opportunity for the City to pickup this
parcel in case we ever want to open it up as a right-of-way. The
other parcel in Lanes DeMonteville Country Club Addition (actually
three twenty foot lots) is adjacent to a piece of property that the
City already owns. This area is one that has been considered for an
off -site drainfield in the 201 Program. It fits in with -the City's
plans and this is a good opportunity to pickup this land.
M/S/P Mazzara/Dunn - To adopt Resolution 84-55 authorizing the City
Staff to fill out the required forms and submit them to Washington
County in an effort to obtain two parcels of tax forfeited land.
(Motion carried 4-0).
F. 201 Program - General Update
The Engineer informed the Council that he held a meeting on September
26th for the residents that will be served by off -site drainfield
systems. Of the 27 people that were invited, 9 came.
Fraser asked if the invitation included the property owners where the
proposed off -site drainfields would be located.
The Engineer responded that they would be written a separate letter as
he felt there might be conflict if there were residents there in favor
the proposal and the owners of the property who may not be in favor of
the proposal.
G. Rezoning application to General Business from Agriculture by
Leonard Hanson for Rockin "L" Trailer Sales (CUP-14) along
I-94 near County Road 17.
Mrs. Louann Hanson was present and explained to the Council why they
are requesting this rezoning. Their intention is to expand their
business to include a Ford tractor dealership, which would include a
new building approximately 40 x 60, with the possibility of an
expansion in the future for a showroom. The present use of the land
would continue and they would continue to live on the site. The
llamas would remain as she sells the wool from these animals.
Fraser asked if there were minutes or notes from the Planning
Commission regarding the public hearing they held on this application.
She felt that the Council should review this material in order to
properly consider this application. (The minutes were not available).
The Council reviewed the memo from the City Planner in which he lists
three options that the Hanson's have regarding their proposal. The
second option stated that "If the objective is to allow the current
business operations to expand into tractor sales, a conditional use
permit may be sought under the current zoning district. This would
allow existing residential and agricultural uses to continue as
permitted uses, while allowing the development of an "ag-related"
business".
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 7
Fraser stated that this option fits with what the Hanson's are
requesting. The Council could grant a CUP that would allow the
construction of a building. She further stated that she would prefer
to pursue that possibility, rather than the rezoning which would mean
the animals would have to go and the residence would have to go. She
would be reluctant to say yes to the proposal before her because she
does not think it is desirable and she does not think that it is
really what the Hanson's want.
Eder stated that if there is commercial development in the area, as is
proposed, the developments should compliment each other. We want high
quality developent in the area or it will not attract others, and we
would only be getting a marginal tax base out of these changes in use.
Mrs. Hanson asked the Council to defer decision on this application
until she and Mr. Hanson had the opportunity to review the memo from
the City Planner.
H. Rezoning application to Industrail from Rural Residential by
Gene Peltier for 13 acres of land along I-94 near County Road
17 (next to CUP 14, Rockin "L" Trailer Sales).
Mr. Peltier was present along with the proposed developers, Mr. Kelley
and Mr. Turcotte. The proposed building would be a quality concrete
structure. It would house 5000 square feet of office space and 7000
square feet of warehouse. It would have a one sided configuration for
dock doors, access from one side of the building only, it would be
located on the property in such a way that in the future additional
dock room could be added. The proposed building would be textured
block or pre-fab spancrete panels.
Mr. Kelley asked about the setback requirements. He stated that if
the rezoning was not granted to the Hanson's the City would be
restricting the use of the land they propose to purchase and develop
because of the required setbacks.
Dunn asked Mr. Kelley how many acres he was planning to use and how
many he was planning to sell off.
Mr. Kelley stated they are not proposing to sell any of the 13 acres
that he will purchase. They will initially be using approximately 8
acres, and are buying the additional 5 acres for future expansion of
their own operation.
Dunn stated the rezoning policy of Lake Elmo has been to rezone when
there is a specific user.
The Engineer stated the southern part of the "L" shaped piece of
property (the part that fronts upon the frontage road) is 288 feet.
If the land to the west is RR, then the 100 foot buffer strip is
required along the west side, so it cuts down the useable space to 188
feet. The normal setback would be applied to the east side of the
property.
The Administrator stated that there are additional steps in this
process besides the rezoning. There will also be the large lot
subdivision. Also, if the position of the building on the lot is on
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 8
the southern part of the property, the applicant will also apply for a
zoning code side yard setback variance. The setback is between
Industrial and Residential land, and the land to the west is zoned RR.
However, it is pretty clear that the intended use of that land in the
future will not be residential in nature. In those terms a variance
would seem reasonable.
The Administrator further stated that he received a telephone call
from the property owner to the north, Mr. Wheeler, and while he was
not specifically in favor or opposed to this proposal, he knows that
progress is going to take place in the development of these
interchanges. Mr. Wheeler's only concern related to the volume of
traffic, noise and the overall appearance of the operation and simply
wanted these statements a part of the public record.
Bruce Folz suggested that a more viable solution to the 100 foot
buffer question would be to rezone the west 100 feet of the adjoining
property that Mr. Peltier owns. It would not be a large enough tract
that he could subdivide and do anything with it, but it would be a
committment that it will be an Industrial/Commercial use.
Fraser stated that this proposal may well be what is appropriate for
this land and has no specific objections. However, she is concerned
with the Hanson property nested in this area. Also, in reviewing the
questions the Planner raises with adjacent lands, she would like to
see a broader look taken at the proposal. In the past, we have had at
least one example of rezoning in keeping with the Comp Plan, and we
found out that many citizens wished they would have had more of an
opportunity for input; that the procedures, while there were notices,
etc., still did not alert many people who might be interested in
responding to the proposal.
Dunn stated that he would like to review the Planning Commission's
minutes on both rezoning proposals before the Council tonight. Also,
the policy of the City has been to rezone for specific users and all
he has heard to date is verbal, nothing in writing - no committment as
to what is going in. He would, therefore, be reluctant to grant a
rezoning on that basis.
Fraser stated that with respect to the time and money that has been
put into this proposal, this development is extremely important to the
City of Lake Elmo and feels it would be inappropriate to proceed until
we really believe that the plan, and what will result for other
properties from it, is going to make sense for the City.
M/S/P Eder/Dunn - To defer action on this request until October 16,
1984 so the City Council has an opportunity to review the Planning
Commission's minutes, and to review whatever information is necessary
to assure that this rezoning is the right move to make. (Motion
carried 4-0).
I. Public Hearing for David Nelson's preliminary plat and zoning
code variances for allowing an existing accessory structure to
remain on a new lot before the primary structure is built and
to exceed the maximum square footage.
Pursuant to published notice, this public hearing was opened at 9:24
LAKE ELMO CITY COUNCIL MINUTES 10-2-84
p.m. in the council chambers.
PAGE 9
Mr. Nelson was present and explained to the Council that there is
presently a 60' x 40' building on the lot. He stated he would like to
keep the building because it would be a waste to tear it down. The
building will be used for storage and he would like to keep it up
permanently. Mr. Nelson would like to develop the lot with this barn
on it first.
Dorothy Lyons asked for clarification as to where the house would be
located. There were no other residents present to speak for or
against this proposal.
Eder stated that he has a problem with the building staying there.
Fraser stated that the planning in general makes a lot of sense, but
has questions about leaving the garage there permanently.
Mazzara feels that the barn would look out of place with the proposed
five new homes.
Mr. Nelson agreed with the option recommended by Eder to keep the
garage until the house is sold.
The public hearing was closed at 9:30 p.m.
The Engineer advised the Council that the changes to the plat have
been made regarding his concerns for right-of-way, lot size, and
street grades. There are still unresolved concerns regarding this
plat and they are (1) Lot 1 now has at least one acre of land
exclusive of drainage easements and suitable for drainfield proposes
except that the drainage easement severs the northerly 80 feet from
the rest of the lot. A variance from the one acre rule may be in
order because the existing home on Lot 1 is assumed to have a
functioning system and there is more than sufficient room on the
southerly portion of Lot 1 to provide an adequate system; and (2)
Drainage computations have been received but have not been fully
acceptable to the VBWD. The Engineer recommended that preliminary
plat approval not be given until it is shown that all drainage
requirements can be met. These drainage requirements may change
easement size or lot configuration.
M/S/P Eder/Dunn - To table a decision on the approval of Mr. Nelson
preliminary plat and zoning code variance until October 16, 1984.
(Motion carried 4-0).
J. Public Hearing for application by Steve Howell for a
shoreland permit and three zoning code variances at Lot
8, Block 1, Eden Park 2nd Addition off of 21st Street.
Pursuant to published notice, this public hearing was opened at 9:40
p.m. in the council chambers.
Bruce Folz, representing Mr. Howell who was out of town, reviewed Mr.
( Howell's proposal to construct a single family home on Lot 8, Block 1,
Eden Park 2nd Addition. The variances requested are for lot size,
building elevation and drainfield elevation.
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 10
There were no residents present to speak for or against this proposal,
and the public hearing was closed at 9:55 p.m.
The Council reviewed the report from the City Engineer dated September
27, 1984. The report addresses: (1) Lot Size - The lot size is 1.0
acres where 2.0 acres is required for a natural environment lake. (2)
House Elevation - The basement floor elevation is proposed to be 895
(1' above 100 year flood) where 897 (3' above 100 year flood) is
required. (3) House Setback from Water - The house exceeds the 200'
setback requirement. (4) Septic System Elevation - The applicant
requests that elevation 894 be allowed where 897 (3' above 100 year
flood) is required. (5) Well Location - The well location meets all
setback requirements but is proposed to be located 30 feet from the
east property line. (6) Septic System Design - No soil boring or
percolation tests have been performed, therefore he could not evaluate
any proposed system.
He further stated that the variances for lot size and building
elevation are reasonable and consistent with past Council action with
other lots in Eden Park 2nd Addition. He is, however, reluctant to
recommend any minimum drainfield elevation until proper soil tests are
conducted. He also recommended that the well be placed 40 feet from
the east property line so as not to impact any septic system placement
on undeveloped Lot 9• He further stated that it would be appropriate
to grant variance for lot size and building elevation but condi'Yon the
variance for drainfield elevation upon satisfactory compliance with
the Septic System Ordinance.
M/S/P Fraser/Eder To grant shoreland permit and variance for lot
size and building elevation but condition the variance for drainfield
elevation upon satisfactory compliance with the Septic System
Ordinance for Steve Howell at Lot 8, Block 1 Eden Park 2nd Addition.
(Motion carried 4-0).
K. Other
The Engineer stated regarding the right -of -entry and waiver of
trespass that was obtained from Myrtle Eder and the Berschen's for
constructing the MSA improvements, that one of the conditions that was
requested of Mrs. Eder and the Berschen's and tacked on to the
right -of -entry agreement by the City Attorney was that the City vacate
the unused portions of the road, prior to or by October 1, 1984. He
contacted the attorney to find out what significance that date held
because if that were very important, the Council would have to take
action at this meeting. The Attorney did not get back to the
Engineer, so he was simply making the Council aware of this deadline.
The Engineer felt January 1, 1985 would be an appropriate date and has
every intention in doing this by January 1, 1985.
6. City Council Reports
A. Association of Metropolitan Municipalities - Fraser
Fraser stated that each year the City looks at the feasibility of
joining the AMM. She feels that most people in city government in the
metropolitan area have concerns that the Met Council tends to spend
A
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 11
excessively: One of the big projects that the AMM always deals with
is the Met Council. She proceeded to quote from a recent Met Council
report that stated..."AMM was once again the only inputer at the
budget hearing. The Council will be adopting its budget and
certifying its tax levy on Thursday. The Council's budget committee
is recommending a small reduction in the tax levy... Also, the
legislative auditor is in the process of examining the Met Council
budget and the auditor's staff person who was present at the budget
hearing was so impressed with the AMM testimony that she has requested.
a meeting to explore the AMM recommendations and concerns and more
detail...." Fraser further stated that it may well be that our dues
to the AMM will be returned to the people in less of a tax.
B. Christmas Party - Fraser
Fraser stated that if the City desires to have a Christmas Party along
the lines of what has been done in the past few years, we should begin
preparations for this party.
M/S/P Fraser/Dunn - To authorize the planning of a Christmas Party
along the lines of last years party. (Motion carried 4-0).
The administrator stated that speaking from the staff's perspective,
we are not a big fan of these Christmas parties. It is a lot of work
and a lot of staff time and wondered if the Council is giving this
party for volunteers or is the staff giving this party for the Council
for their volunteers. If the Council wants to have a Christmas party,
we have no objections.
7. City Administrator's Report
A. Public Hearing on proposed City liquor ordinance change to
conform to State Law allowing sale of liquor before the
polls close in State-wide elections.
Pursuant to published notice, this public hearing was opened at 10:00
p.m. in the council chambers.
The Administrator stated that we are proposing to bring our City
liquor ordinance to conformance to the State Law. The State
Legislature adopted a change that permitted the sale of liquor on
national and state election days, and the staff is recommending that
this law be in effect for local elections.
John Schiltz, owner of the Lake Elmo Inn was present and stated that
this last election only Lake Elmo and Oak Park Heights were the only
municipalities in the Metropolitan area that were not open for the
sale of liquor.
Dennis LaCroix, owner of the Twin Point Tavern stated that the night
before the election the Oak Park Heights City Council had an emergency
meeting to consider this ordinance change. They are there to make
sure that the local businesses have the opportunity to make a go of
it.
Mazzara stated that this subject has not previously been brought to
the Council's attention. Now that it has, we are taking appropriate
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 12
action.
The public hearing was closed at 10:05 P.M.
Eder stated he personally is not in favor of what has taken place, but
on the other hand cannot disfavor doing it because everybody else in
the State does it. The place to agrue this would be with the
legislature.
Fraser stated she felt the legislature made a mistake, but does not
care to have Lake Elmo stand out as being different so would be in
favor of the change.
M/S/P Mazzara/Dunn - To adopt ordinance 7962 amending the City Liquor
Ordinance to conform to the State Low -which p Wits the sale of liquor
before the election polls close o-enlndp tate-wide elections.
(Motion carried 4-0).
B. Discussion of City policy of issuing 3.2 beer licenses to
Green Acres Recreational Center.
The Council reviewed the opinion written by the City Attorney in which
he states that the state law neither limits the number of on or off
sale 3.2 beer licenses nor the number of off sale intoxicating liquor
licenses which a city may issue. However, this is a proper subject
for regulation by local ordinance
should the municipality choose to do so. Therefore, if the City feels
it no longer wishes to issue these licenses to Green Acres it may
choose not to do so but this may require some amendment to the local
ordinance.
The Administrator stated that he spoke with the Attorney and told him
that his impression of this report is that there is no problems or no
legal concerns that the Attorney has for us to repeal this CUP
requirement. The Attorney stated all we would do would eliminate any
potential liability on the City's part by removing that requirement.
Fraser stated she feels the City has to maintain control. We have a
business operating in a residential area under a CUP, and if we allow
the serving of the beer with no City controls, we are ignoring our
responsibility to the neighborhood. Also, by having to go thru the
license procedure, it 'alerts the deputies to who is having a party,
how big it is, and when it is going to be. The deputies can then use
their judgement in terms of their patrolling. It would be very
undesirable to lose that restriction.
Dunn stated he did not agree with Fraser's statement. This whole
thing is more needless government and is not doing a thing for the
City and is adding to the staff time. Green Acres does have an
off -duty officer on hand when they have parties and have shown good
faith on their part.
Mazzara stated he feels the Springborn's have shown that they do run a
good operation. We have not had any complaints and they tend to take
care of things the way they should. If there are public concerns, and
it does get out of hand, we do have the option to do something about
it.
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 13
M/S/P Dunn/Mazzara - To eliminate the 3.2 beer license requirement
from the CUP for Green Acres Recreational Center. (Motion carried 3-1
<Fraser.>).
C. Planning Commission's request regarding traffic conditions
on Highway #5 and CSAH 17 (near the school).
Eder stated that the City has passed resolutions in the past regarding
this. He suggested that we get the County Engineer and our Engineer to
look at it from the standpoint of should we start doing something
again in terms of looking at stop lights or speed zoning.
Fraser stated she agrees it is a mess; but we have tried and tried to
have something done - to no avail.
Bruce Folz suggested something else for the Council to look at. He
recently submitted a preliminary plat for Brookman's commercial area
which has a street going thru on the plan from Lake Elmo all the way
to Highway 212. The idea behind that was to open this up. This is
the only expansion area for the City of Lake Elmo for the downtown
commercial area to handle. It would also alleviate the traffic from
the intersection by the school. The City has from 1/2 to 3/4 of a
mile of State Aid alloted street that has not been designated.
Someplace down the road in the long range future planning it would be
very desirabe for the City to have this State Aid street. Start to
accumulate highway need funds based on a municipal street. It is not
doing the City any good being undesignated.
Eder asked Mr. Folz if he thought it would be worthwhile to ask the
County and State to look at the problem again. Mr. Folz stated that
if the City can prove that there is a need, you could get stop lights,
but does not think that based on what a real problem is, that the City
has a problem at these intersecions.
D. Cottage Grove Ravine Watersheds:
1. Joint Powers Agreement
2. Designating City Representatives
The Administrator stated that the Council has already reviewed the
final draft plan and passed a motion to approve this draft plan. What
is before the Council now is the final copy of the agreement which
requires signatures.
M/S/P Eder/Dunn - To adopt the Cottage Grove Ravine Watershed Joint
Powers Agreement as presented and authorizing the Mayor and City
Administrator to sign the Joint Powers Agreement. (Motion carried
4-0).
M/S/P Dunn/Fraser - To designate the Lake Elmo City Administrator as
the representative on the Cottage Grove Ravine Joint Powers Board for
( the City of Lake Elmo; and to designate Tom Armstrong as the alternate
representative on this Joint Powers Board. (Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 14
E. Request for funds from St. Croix Valley Youth Service Bureau.
The Council reviewed the correspondence from this organization in
which they request that the City of Lake Elmo participate in
supporting this groups efforts. Their request from Lake Elmo is a
contribution of $7422.00.
Fraser stated that being educated and experienced in social work, she
speaks from that point of view as well as that of a Council member and
feels it is not the responsibility of local small government units to
support this service. It is not feasible.for a City like Lake Elmo to
monitor the use of the money so that we can say that we are certain it
is well used. This organization advertises free service which she
believesto be unwise. They could go with the sliding scale, but chose
not to do that. If the City wishes to spend money for this sort of
purpose, she feels it woud be desirable to take a look at a number of
agencies, rather than designate this particular one just because that
is where the request comes from.
M/S/P Fraser/Dunn - To deny the request from the St. Croix Valley
Youth Service Bureau for a contribution from the City of Lake Elmo.
(Motion carried 3-0-1 <Mazzara>).
F. Consideration of placement of barricades at:
1. 15th Street
2. 10th Street Lane
The Council reviewed the proposal from the Maintenance Foreman to
relocate the "dead end" on 15th Street by creating a new turnaround
and barricade on 15th Street approximately 100 to 150 feet east of
8996 15th Street North; and barricading off a section of loth Street
Lane approximately 100 to 150 feet east of 9560 loth Street Lane in an
effort to eliminate the dumping of debris and refuse in these
locations. The Council also reviewed a letter of support for this
proposal from Washington County Parks Director, Jack Perkovich.
Eder stated he is in favor of this proposal as long as there is an
area where you can make a turn around by the farm driveway.
M/S/P Eder/Mazzara - To accept the recommendations of the Maintenance
Foreman which are to adjust the existing barricade on 15th Street,
approximately 125' to the west; and to place barricades on the portion
of 10th Street Lane that is generally not used by the citizens of the
community, however noting that these are public streets but their
current use warrants these barricades, to help eliminate the random
dumping of debris and refuse. (Motion carried 4-•0).
Eder directed the Administrator to request the Washington County Parks
Director to put a sign on 15th indicating the directions to the
Regional Park entrance.
G. ICMA Retirement Trust Resolution
The Administrator distributed information from the ICMA Retirement
Corporation regarding the development of a Trust Fund Board. This
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 15
is a new proposal to establish a Board of participating members to
oversee the investments of the Retirement Corporation. ICMA is asking
for participating members to adopt a Resolution indicating their
( support for this Board.
The Administrator further advised the Council that they are eligible
to participate in this program, and will provide more information to
the Council regarding this at a future meeting.
M/S/P Eder/Mazzara - To adopt Resolution 84-56 indicating the support
of the Lake Elmo City Council for the development of a ICMA Retirement
Trust Board. (Motion carried 4-0).
H. Other
The administrator asked to clarify the situation about the minutes.
The Council asked that their minutes not be sent out until they were
approved, and the staff felt that would be appropriate for the
Planning and Parks Commission too. It is a time problem and the
alternative is to delay these applications by a couple of weeks.
Fraser stated that in the past they have been distributed timely.
Maybe they will have to come after the whole packet, and they should
not be distributed broadly, but a copy of the draft minutes could come
out to the Council and to the Commissions and if there were something
drastically wrong, it is likely the Commission member would bring it
to the attention of the staff.
Fraser asked if we needed an additional non -staff person to take the
minutes as this has been done in the past.
The Administrator stated that was a good idea and thought we could
find an individual to take the minutes and get them out within 48
hours.
There was a brief discussion on what is going to happen along the I-94
corridor. The Administrator stated he was unsure of what information
the Council needs from the developer on the 1-94 project.
Dunn stated that first of all who are they and what are they going to
do? They should present themselves as credible people.
Fraser stated it is their responsibility to convince us. If they
don't know how to do this, it's their problem.
M/S/P Dunn/Mazzara - To adjourn the meeting
the meeting was adjourned at 10:30 p.m.).
R84-55 - Tax forfeited land
R84-56 - ICMA Retirement Trust Board
(Motion carried 4-0 and
Ordinance 7962 - Liquor Ordinance Amendment for election days
/ September 27, 1984
TO: City Council
FR: Patrick D. Klaers, City Administrator
RE: Informational Memo for October 2, 1984 Council Meeting
1. Attached for your information is the most recent City NgNglQQ!:
edition dated September 25, 1984" This newsletter highlights articles
on the recent primary election and the opening of filing for City
offices.
2" Attached for your information is another article on the new
state law. This article was published in the
September issue of the League of Minnesota Magazine and discusses the
efforts of the Metropolitan Management Association in attempting to
comply with this new law" This group is combining financial resources
to request a proposal from consultants to design a study to be used in
many cities.
3" The City has received a
00kQQ0 regarding a rezoning application. This notice is attached for
/ your information" Oakdale is holding the hearing on October 9 to
\
receive comments on the potential rezoning of residential/wetland
property to industrial" This land is south of the railroad tracks and
runs along both Stillwater Boulevard and Ideal Avenue" This is an
expansion of some existing industrial land in the City of Oakdale and is
not spot zoning. This land abuts the City of Lake Elmo which has RR
zoning adjacent to the property in question"
4. Attached for your information is an interesting pamphlet from the
DNR discussing l��k��~l������l��_���d_th��_[����i[lit�tig[l�t����d�� for the last
100 years.
5" The staff has been informed by Washington County Park Director Jack
Perkovich that the Park and Open Space Commission is considering
dropping the "Regional" word from the
If Council members hear something about this possible
name change through the grapevine, the Commission is in no way
considering eliminating the words "Lake Elmo" from the Park name"
According to Mr. Perkovich the "Regional" could be dropped because it
does not add anything to the actual description of the park and would
make the signage cheaper and more manageable"
Information Material Memo for October 2, 1984 Meeting ^21
/
` 6^ Attached for your information is a letter from the Jungmann's
attorney to our City Attorney regarding the law suit surrounding the
According to this letter, the
Jungmann's are not dropping the lawsuit and our City Attorney will
simply wait for this item to come up on the court calendar and will
pursue it at that time. As you may remember, the City has received a
petition from some of the residents in the area to abandon this walkway,
but the City has not taken any action while the lawsuit is pending. The
staff feels that we should not give up this walkway at this point but
also there is no need to develop the walkway at this point in time,
however, five to ten years down the road there may he a need for this
entrance to the park and, therefore, we should retain rights to this
walkway easement.
7" The City staff received a question from one of the members on the
City Council regarding the d���i���g��~gf~���i[�[�i�g_�g��� " Upon
consultation with the Building Official and review of the City Ordinance
it has been determined that there are no existing restrictions over the
drainage of swimming pools. In fact, according to the Building
Inspector, it is very rare that a pool is drained at all. The Building
Official stated that the fear in draining pools is that the walls can
collapse quite easily and that swimming pools generally keep the water
year—round and are not drained by the property owners. The staff does
not feel that a few individuals draining their pools a few times a year
should merit a city ordinance being added to the books.
/
\
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
OCTOBER 2, 1984
7:00 P.M. Meetings Convenes
1. Agenda
2. Minutes: September 18, 1984
3. Claims
7:15 p.m. 4. Public Inquiries
A. Clyde Durand, 2860 Lake Elmo Avenue,
regarding the possibility of being
added to the 201 Program.
B. Mr. Don Hauser, representing Gary Hauser
regarding the double assessment on his
property for the Jamaca Court Improvements
(the residential unit functioning as a
duplex).
5. Engineer's Report
A. Pebble park Tennis Court Improvement
Final Payment
B. 1984 Street Improvement Project -
Partial Payment #3.
7:45 p.m. C. Public Hearing for application by Donald
Durand, 2901 Lake Elmo Avnue, for a Shoreland
Permit and Zoning Code Variance to allow an
accessory structure to exceed the maximum
square footage.
D. Application by 3M Tartan Park for a Shoreland
Permit for reconstruction of the golf course
and drainage improvements.
------------------------------BREAK--
(Continued)
E. Resolution for the City to obtain tax
forfeited property from Washington County.
F. 201 Prorgam - General Update
G. Rezoning application to General Business
(GB) from Agriculture (A) by Leonard Hanson
for Rockin "L" Trailer Sales (CUP-14) along
I-94 near County Road 17.
H. Rezoning application to Industrial (I) from
Rural Residential (RR) by Gene Peltier for
13 acres of land along I-94 near County Road
17 (next to CUP 14, Rockin "L" Trailer Sales).
9:00 P.M. I. Public Hearing for David Nelson's Preliminary
Plat and Zoning Code Variances for allowing
an existing accessory structure to remain on
a new lot before the primary structure is
built and to exceed the maximum square footage.
9:30 P.M. J. Public Hearing for application by Steve Howell
for a Shoreland Permit and three (3) Zoning
Code Variances at Lot 8, Block 1, Eden Park
2nd Addition off of 21st Street North.
K. Other
6. City Council Reports
7. City Administrator's Report
A. Public Hearing on proposed City liquor
Ordinance change to conform to State Law
allowing sale of liquor before the polls
close in State-wide elections.
B. Discussion of City Policy of issuing
temporary 3.2 beer licenses to Green Acres
Recreational Center.
C. Planning Commission's request regarding
traffic conditions on Highway #5 and
CSAH 17 (near the school).
D. Cottage Grove Ravine Watersheds:
1. Joint Powers Agreement
2. Designating City Representatives
E. Request for funds from St. Croix Valley Youth
Service Bureau (YSB).
F. Consideration of placement of barricades at:
1. 15th Street
2. 10th Street Lane
G. ICMA Retirement Trust Resolution
H. Other