05-06-80 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MEETING, MAY 6, 1980 -2- LEGION POND: The Engineer did a field inspection of the area and reported four residences are affected of the five abutting the pond. The water is encroaching 20 to 50 feet into the back yards, affecting two septic systems. Pumping to Lake Elmo would be the least costly solution. An estimated cost for a pump, pipe, easements, and man hours would run from $3,000 to $59000 by the time of assessment. This would be assessed to benefited and contributing property owners. The Engineer indicated an alternate site to pump to is a depression west of Legion Avenue and to the south. This is about 1/2 mile away and would be more costly. Neither alternative offers a permanent solution. Audience: D. Collyard stated a solution is necessary. Other residents suggested diverting the water away from the pond or closing the culvert at the end of 30th Street. Armstrong moved, seconded by Morgan, not to consider pumping, but authorize the Engineer to spend up to $200 to determine an alternative means of diverting the water away from Legion Pond. Motion carried 5-0. Novak suggested the Engineer check to see if any water that should flow into Downs Lake is going into Legion Pond, HASELEY/HJELMGR N: Mr. Hjelmgven is requesting a rezoning from R-1 to GB, a variance from the sewer setback, and residential use in GB. A. survey of the property showed that the garage, present septic system, and a small portion of the house are on City right-of-way. In order to Blear up the title the City will have to vacate approximately 5 feet of right-of- way. Ownership of the west 50 ft. is still being challenged. Hjelmgren's have submitted a pore test and have adequate area in front of the house to put the new septic system. However, they still need a variance from the house setback to put in the sewer. The south side -lot could be used for an alternate field if -the old well is capped. Armstrong proposed vacating six feet of the street right-of-way, to solve the encroachment problem and correct the legal description, but deny the rezoning and other variances. Mottaz moved, seconded by Pott, to approve the rezoning and variance requests, but deny the vacation of the right -of way. Discussion: Bruce Polo said the encroachment problem should be resolved, either by vacation or by resolution stating the building is legally located on the property, He does not see the need for the City to retain a 60 ft, right-of-way on 35th Street since there is no plan to upgrade this street. Mottaz asked if a garage should be considered the same as a house, since the garage requires three of the five feet of the vacation. Motion failed 3-'2. A 3/14 vote is necessary to rezone a parcel, Morgan and Armstrong opposed, Pott moved, seconded by Mottaz, to rezone the Haseley property from R-1 to GB. Motion failed 3-2. Armstrong and Morgan opposed.. Morgan opposed the rezoning until the legal description is cleared up. At that time they, can resubmit the request. Armstrong moved, seconded by Morgan, to set a hearing to vacate six (6) feet of City right-of-way on 35th Street in order to correct the title of the Haseley property. The City will reserve easement rights for road and utility purposes. Motion carried 5-0.