HomeMy WebLinkAboutApril 4, 2006 CCPMayor: Dean Johnston bake Elmo City Council
Council members: , 3870 Laverne Avenue No.
Rita Conlin Tuesday, La a Elmo, MN 55042
Steve DeLapp 777-5510 777-9615 (fax)
son
Anne
April 4, 2006
Anne Smith
Please read: Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City
Council on each agenda item in advance; and decisions are based on this information and
experience. In addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to
Appear Before the City Council form; or, if you came late, raise your hand to be recognized.
Comments that are pertinent are appreciated. Items may be continued to a future meeting if
additional time is needed before a decision can be made.
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes:
March 21, 2006
3. PUBLIC INOUIRIES/INFORMATIONAL:
Public Inquiries/Informational is au opportunity for citizens to bring the
Council's attention any items not currently on the agenda. In addressing the
A. PUBLIC INFORMATIONAL:
Council, please state your time and address for the record, and a brief summary
of the specific item being addressed to the Council. To allow adequate time for
(1) Water Ski Show -Joe Kiesling
each person wishing to address the Council, we ask that individuals limit their
comments to three (3) minutes. Written documents may be distributed to the
(2) Arbor Day Proclamation
Council prior to the meeting or as bench copies, to allow a more timely
presentation.
B. Public Inquiries
4. CONSENT AGENDA
Those items listed under the Consent Calendar are considered to be routine by
the City Council and will be enacted by one motion under a Consent Calendar
A. Resolution No. 2006-031:Approving
format. There will be no separate discussion of these items unless a Council
Claims
member so requests, in which event, the item will be removed from the general
order of business and considered separately in its normal sequence on the
agenda.
5. FINANCE:
6. NEW BUSINESS:
A. Request from West Lakeland for financial
support to ensure the protection of ground
water.
7. MAINTENANCE/PARIK/F'IRE/BUILDING:
A.
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Update on Chris Riley Construction -
verbal
Lake Elmo City Council Agenda
April 4, 2006
Page 2
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Septic Drain Field Setback Variance —
7949 Hill Trail (Scharrer)
B. Reconsideration - Variances — Haire
(8160 Hill Trail)
C. CDBG Project Update — Cimarron Gas
Line Replacement
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
M. Rafferty
A. Carriage Station Park Improvements -
verbal
B. April 19a'-Presentation of Village Area
Master Plan, Lake Elmo Elementary School -
verbal
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
13. CLOSED SESSION to discuss the
performance review for the City Administrator
Council Workshop: April 11, 6 p.m.
BOARD OF REVIEW:May 3, 4-6 p.m.
Presentation of Village Area Master Plan,
CLEAN UP DAY:June 3, 2006, 8 a.m. to Noon,
April 19, 6:30 p.m., Lake Elmo Elementary
Washington County Fairgrounds
School
DRAFT
CITY OF LAKE ELMO
CITY COUNCIL MEETING
MARCH 21, 2006
L AGENDA
2. MINUTES: March 6, 2006
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES:
B. PUBLIC INFORMATIONAL:
(1) Ginny Holder-Ramsey/Washington Cable Commission Representative
4. CONSENT AGENDA: ,.
A.
B.
C.
5. FINAI\
A.
6. NEW I
MAIN'I
A.
B.
CITY E
A.
B.
9. PLANN
A.
B.
C.
D.
on probation.
)n Drainage
hborhood:
7949 Hill
s
Events:
E. Amend GB Zoning District Text Restaurant Drive -Up Facilities: Ordinance
No. 97-168 — NOT ADOPTED
F. Village Area Master Plan Recormnendation — Next Step
G. Zoning Ordinance
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Update on RFP for Animal Control - verbal
12, CITY COUNCIL REPORTS:
Council adjourned at 10:50 pm
Lake Ehno City Council Minutes March 21, 2006
DRAFT
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson, and Smith,
STAFF PRESENT: Administrator Rafferty, City Planner Dillerud, Finance Director
Bouthilet, City Engineer Prew, Attorney Miller, Recording Secretary Freeman.
Pledge of Allegiance
1. AGENDA:
The City Administrator asked to add 8C-Chris Riley Utilities, Inc. performance; change
4B Minutes and Structure to 6A; Fire Chief asked to move Fire Dept. Updates 7B to 3A.
M/S/P Johnson/Conlin - to approve the Agenda as amended. (Motion passed 5-0)
2. MINUTES:
M/S/P Johnson/Conlin — to approve the Minutes of March 6,
(Motion passed 4-0-1: Conlin Abstained -did not attend meel
3. PUBLIC INFORMATIONAL:
A. Public Inquiries:
Resident Jim McLeod, 11580 30ti' Street, is cure
questioned the copper main pipe requirement vs.
home. City Administrator Rafferty offered a fiie
Engineer for engineering stats for copper
Mr. McLeod was also concerned about the
home style, the lights he wants installed ar
suggested motion sensor lightsg'
M/S/P Johnson/Conlin - to
lighting. (Motion passed,§
B. Ginn H3older — Ran
Gin ny Holder noA ad, the City
Commission gave the C
Grant is available for f
capability for residents.
amended.
a colonial style home. He
pipe to run water to his
lent to direct the City
'ed. In keeping with his
to a break-in, a Deputy
review the ordinance for
/ Washington Cable Commission Rep.
aloe Elmo has 14,800 cable hook-ups. The
plus to help provide a new cable system. A
g. The new Public Works building will have Inet
4. CONSENT AGENDA:
A. Resolution No. 2006-026: Approving Claims
M/S/P Smith/Johnson — to adopt Resolution No. 2006-026 approving Claim Numbers
315, 316, DD664 through DD681, 28819 through 28850, which were used for staff
payroll dated March 16, 2006; claims 28851 through 28900, in the total amount of
$272,067.69. (Motion passed 5-0)
B. Minutes and Structure: (moved to New Business 6A)
City Administrator Rafferty presented research from LMC and the City Attorney.
Minutes should be concise, to -the -point, comments are not recommended. Council
Lake Elmo City Council Minutes March 21, 2006
DRAFT
Member DeLapp wants precise, exact wording on motion or second of motion and to
retain comments if they are a valuable summary by members; or the background of
decision. Council Member Conlin said that would be achieved if motions included
Findings of Fact. Council Member Johnson said watch the meeting or check out the tape.
Minutes are not appropriate with comments.
M/S/P Johnson/Conlin - to approve the amended Minutes and Structure documentation
process as presented to record all City Council and Commission meetings.
(Motion passed 4-1: DeLapp- wants history behind rationale on split decisions from
Commissions)
C. Monthly perating Report:
M/S/P Johnson/Conlin— to accept the February 2006 Monthly
(Motion passed 5-0)
5. FINANCE:
A. Annual Audit:
Steve McDonald from Abdo, Eick & Meyers 1
inquiries. Audit was compliant. Finance Dire
Rafferty are in agreement with the figures and
the 2005 Annual Audit Report.
M/S/P Conlin/Johnson— to accept the 2005
6. NEW BUSINESS:
See Consent Agenda 4B
7. MAINTENANCE/PARIK/FPRE/BUILDING:
A. Update on.B.uilding Dept.: Jim McNamara
The Building Official" eported on &ioperation of the car wash at the Marathon gas
station located atIwy. 5 and Manning Avenue. Reclamation -type recycling system car
wash using four 500 gallons, Aliicred and back into use. Meyer Sanitation pumps
quarterly with filters cleaned/emptied. Council Member DeLapp questioned what
percentage of salt/gas/oil/grease goes back into the ground.
Building Official McNamara recognized Karl Horning receiving Full Certification as a
Building Official. State of MN currently utilizes 2000 ICC and they are updated every 3
years. Revisions of ICC 2003 were never completed by State of MN. ICC 2006 will be
the next edition adopted by the State in early 2007.
B. Fire Dept. Updates: Chief Malmquist —Moved to Public Informational Section
Fire Chief Malmquist recommended new recruits Matt Mazzara and Kristine Johnson be
placed on probation.
M/S/P — Johnson/Smith, to place Matt Mazzara and Kristine Johnson on probation with
the Lake Elmo Fire Dept. (Motion passed 5-0)
Lake Elmo City Council Minutes March 21, 2006
DRAFT
Fire Chief Malmquist recommended that Rick Myran be moved from probation to
firefighter status.
M/S/P — Johnson/DeLapp, to place Rick Myran to Firefighter status. (Motion passed 5-0)
Update on Firefighter Grant — Fifteen departments in Washington County with radios.
Cost is $1,500,000 for the City, but the County will pay a cap of $1,000,000. User's fee
is $300/year. The Fire Dept. will be celebrating 50 years in 2007, and a Committee is
being formed to plan a 501h Year celebration. Help and suggestions are welcome.
8. CITY ENGINEER'S REPORT:
A. Resolution 2006-027: Aw
Interconnect Project
In his letter dated March 10, 2006, the City Engineer i
opened on March 10, 2006, for this project. The City
the contract to Ellingson Drainage for their bid of $41
M/S/P DeLapp/Johnson— to adopt Resolution 2001
for the Phase IV of the Water Interconnect Project
of $412,758.68. (Motion passed 5-0)
B. Resolution 2006-029
Park Neighborhood
The City Engineer presented the
Tablyn Park Neighborhood Proj
M/S/P Johnson/DeLapp - to
Feasibility Report ankallix
Tablyn Park Neigh' ood
the
bids were
tided awarding
, a Resolution awarding the bid
hngson Drainage on the amount
Report for 2006 Overlay —
elution 2G06-029, a Resolution Receiving the
Hearing on April 18, 2006, on Street Repairs for
gassed 5-0)
C. Resolution2006-030 "Chris Riley Utilities Inc
City Engineer Prew wasrotifiedby letter Chris Riley Utilities, Inc. will not be
completing Water System\hitercomiection Phase I and III Contracts. Recommendation is
to terminate the contract "for cause." Travelers Casualty and Surety Company was
notified by Riley Utilities, Inc. for non-performance
M/S/P Johnson/DeLapp — to adopt Resolution 2006-030, authorizing and directing City
Staff to initiate or continue action with respect to the City's claim on the performance
bonds. (Motion passed 5-0)
9. _PLANNING, LAND USE & ZONING:
A. Request regarding the application for the Haire Variance — 8160 Hill Trail
The City Planner reported that these variances to the OHW setback and minimum lot
were denied by the Council at the March 6, 2006, Council meeting. Due to extenuating
circumstances, the Council agreed the applicants should have the opportunity to be
Lake Elmo City Council Minutes March 21, 2006
DRAFT
reconsidered based on new information and written statements at the next Council
meeting but that this does not mean the Council members will change their decision.
M/S/P - Johnston/Johnson — to reconsider the Haire Variance, 8160 Hill Trail, at the
April 4, 2006, Council meeting.
(Motion passed 4-0-1: Conlin Abstained -did not attend the March 6, 2006, meeting)
B. Variance for Se to is System Setback for 7949 Hill Trail (Scharrer).
City Planner Dillerud said the existing septic system at 7949 Hill Trail is no longer
functioning. The system is not yet a health hazard and the applicants are being
responsible about the problem. They are requesting a variance to Septic 700 septics /
design standards to permit a replacement drain field within 15 feet of the existing house
where a 20 foot setback is otherwise required.
M/S/P Johnston/Conlin — to direct Staff to come back
Resolution No. 2006-028, because applicant can cons
without need for set back variance, and waive the van
(Motion passed 5-0) 4'�' ,.i
C. Zoning Ordinance / City Code AmendmenT -
The City Planner reported that over the pant two years th
meetings with the City Council and Planning Coii6issic
addressing the regulation of Home Occupations He
amendments that had been created . nd' recommended by
on which the required Public q ng had beeirc nducte
denial of
drain field
been numerous
fill numerous drafts prepared
d a draft set of City Code
Planning Commission, and
Council Member Smith passed "out a handout aril said she believes that the Home
Occupations ordinance from the City of Oak Park Heights is the model to follow, not the
Shoreview model on which the;Planning Commission recommended amendments to the
City Code are generally based. ,City Pianner Dillerud said that the Planning Commission
has reviewed the Home Occupation regulation strategies of several cities, including Oak
Park Heights. v"Aa,
Mayor Johnston said the Home Office is an asset to the City. Perpetual licenses are not
recommended. Licenses should be renewed annually and a mechanism is needed to
operate a business in a residential zone. Storage -related businesses need to have a
numerical limit, i.e., 2,000 sq. ft. AG businesses need more storage. Council Member
DeLapp said AG zone is not a residential zone and space is hard to control. Council
Member Conlin said she would like to see what is in the ordinance before deciding to
license. Council Member Johnson said she was on the Planning Commission during the
early work sessions on regulating Home Occupation, and she is not supportive of an
overly complex set of regulations.
City Administrator Rafferty suggested that Home Occupations be moved to the next
Council Workshop, and changes that need to occur by the Council.
Lake Elmo City Council Minutes March 21, 2006
M/S/P DeLapp/Johnson — to move Home Occupations to the next Council Committee
meeting on April 11, 2006. (Motion passed 5-0)
D. Ordinance 97-167: Zoning Text Amendment — CUP in AG Zone for Outdoor
Social Events
The City Planner reported that the Planning Commission conducted a Public Hearing
regarding a proposal to amend the Zoning ordinance to permit "Outdoor Social Events"
on properties within the AG zoning district. The Commission recommends another
Conditional Use to the AG District for Outdoor Social Events with nine required
conditions.
Council Member Conlin expressed concerns about the noise ordinance, police and
parking. Residents could apply for a CUP. Council Member Smith expressed that
tastefully done, with adequate screening, would be acceptable.
Council Member Smith requested clarification of "over by 10 pm," fit, include that
lighting would be turned off, and everything cleaned
M/S/P — Johnson/Conlin — to table to the next Counerl Worksop, April 11, 2006.
(Motion passed 4-0-1: DeLapp-he was unable able to provide comment)
E. Ordinance 97-168: Amend GB Zonina District Text Restaurant Drive -Up
Facilities �-
The City Planner reported that the Planning Commission has conducted a Public Hearing
and recommends amendment to the G eral Business District list of "Permitted Uses" to
include drive -up service win*ws at cafes and restfiurants, as otherwise regulated by the
City Code. He noted that the tommi'ssion's r6 mmendation specifically excludes both
menu boards and intercom systems associated with the drive -up window.
I'll
Business owner 11 Gorman, of Gorman's Restaurant, stated that customers are changing
and would like to see.,a menu board approved. It would be limited to 10% or less of his
menu and can be placed out-of-sif fit.
Council Member Conlin asked if adequate vehicle stacking was a concern. City Planner
Dillerud said probably not for Gorman's site but would have to be reviewed on individual
sites.
City Attorney Miller explained "caf6 menu" and said it was a "slippery slope for fast
food." He could redraft ordinance to draw a distinction between fast food and Gorman's.
M/S/P DeLapp/Johnson — to bring back provisions to preclude fast-food to the April 11,
2006, Council Workshop, and reconsideration to the April 18, 2006, City Council
meeting when all members will be in attendance. (Motion passed 5-0)
Lake Elmo City Council Minutes March 21, 2006
DRAFT
F. Village Area Master Plan Recommendations — Next Step
The City Planner reported that the City Council and Planning Commission were
presented the recommendations of the Village Area design team/master planners at a
Workshop March 14, 2006. Staff recommends directing the plan to be presented again
at a larger Public Forum in early April, and focus on public commentary regarding the
plan. A complete Public "airing" of the plan prior to addressing details and
implementation strategy is the most efficient approach.
City Administrator Rafferty felt that Engstrom's team did a great job, but the Plan now
needs Public review and interaction.
M/S/P Johnson/DeLapp — to direct City Planner and Village Area Master Planner to
proceed to introduce the Village Area Master Plan to the public with a dual presentation -
poster board presentation, and a formal presentation. (Motion passed 5-0)
G. Direction to Staff / Planning Commissi
The City Planner reported that the Planning Comn
"Performance Zoning" as an alternative to "Euclic
progress with its consultant toward drafting a new
Lake Elmo. He noted that the City must have a cc
Text corresponding with the 2030 Comprehensive
Comprehensive Plan being approved by thq,IFT(
Mayor Johnston's concerns about
and that only a few people unders
DeLapp asked what is acceptable'
with the Planning Commrssioin,thl
time. Council Member Johns&kv
understanding of the optrpngravaN
and made substantial
Zoning Ordinance for
Ling Ordinance Map and
9 months of the
itely February, 2007.
frig i's'#lat it is very "staff dependent,"
its complexity. Council Member
y. Council Member Smith agreed
ie old zoning ordinance is wasting
,r presentation for a better
M/S/P DeLapp/Johnson — to direct Staff to have a presentation on Performance Zoning
by Lane Kendrg The;Planning Commission should be invited. (Motion passed 5-0)
10. C
None.
11. CITY ADMINISTRATOR'S REPORT:
A. Update on RFP for Animal Control — verbal
Administrator Rafferty requested City Council to extend the current Animal Control
Officer's Contract through April 30, 2006.
M/S/P — DeLapp/Smith — to extend the Animal Control Officer's Contract through April
30, 2006. (Motion passed 5-0)
12. CITY COUNCIL REPORTS:
None.
Lake Elmo City Council Minutes March 21, 2006
DRAFT
Council Meeting ended at 10:50 p.m.
Respectfully submitted by Carole Freeman, Recording Secretary
Resolution No. 2006-026: Claims
Resolution No. 2006-027: Water Systems Interconnect Phase IV
Resolution No. 2006-029: 2006 Overlay Feasibility Report -Tablyn Park Neighborhood
Resolution No. 2006-030: Chris Riley Utilities, Inc. Contract Termination
Lakc Elmo City Council Minutes March 21, 2006
Lake Elmo City Council Meeting Minutes
March 6, 2006, Approved: March 21, 2006
Page 2
City of Lake Elmo
City Council Meeting
Minutes of March 6, 2006
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m. COUNCILMEMBERS
PRESENT: Smith, Johnson, and DeLapp. STAFF PRESENT: Administrator Rafferty, Planner Dillerud, Finance
Director Bouthilet, and Recording Secretary Schaffel. ALSO PRESENT: City Attorney Filla.
L AGENDA
M/S/P, Johnson/Smith to accept the Agenda as presented. Vote: 4:0.
2. MINUTES
M/S/P, Johnson/Smith to accept the Minutes of December 6, 2005 as presented. Vote: 4:0.
MINUTES OF JANUARY 17, 2006
Mayor Johnston said he called the meeting to order. Councilmember Smith said that Page 6, large paragraph, 95%
who contacted her do not support a 4 year term. Page 7, 4:1 vote, Smith wanted to move forward with the purchase
of the Gen Tek. Page 10, 2/3 down, closed at 9:44, Smith liked the idea of being able to drive to a service window
for safety and convenience reasons. Page 12, 4`" paragraph, pictures are worthless because there are no
measurements. 2/3 down, Smith said she called into question the validity of the Resolution because it was never
published. Page 14, he not she under Council Member Johnson.
M/S/P, DeLapp/Smith to accept the Minutes of January 17, 2006 as amended. Vote: 4:0.
MINUTES OF JANUARY 24, 2006
Page 2, Smith 24,000 and 6,600 REC units — reiterated that Chair Bell and his staff present at meeting at Met
Council office assured Lake Elmo would not have to go over the agreed upon numbers. Councilmember DeLapp
left the table at 6:42 to chair the county planning commission meeting.
M/S/P, Johnson/Smith to accept the Minutes of January 24, 2006 as amended. As amended. Vote: 4:0
MINUTES OF JANUARY 27, 2006
Mayor Johnston paragraph about the MOU is not the intent for it to be silent page two. Paragraph two delete
sentence with silent above. The Plainer read from...
M/S/P, Johnson/Smith to accept the Minutes of January 27, 2006 as amended. Vote: 4:0
MINUTES OF FEBRUARY 7, 2006
Mayor Johnston, page 9, middle, Councilmember DeLapp Item C, speculative and inflammatory strike two
paragraphs where he said he phoned Sedro. Remove from last page Mayor and administrator said they would take
care of it. Mayor Johnston, page 9, agreed DeLapp contacted Pulkrabek and recommended Sedro to county
planning commission. Strike first sentence indicating job was not done on page 10.
M/S/P, Johnson/Smith to accept the Minutes of February 7, 2006 as amended. Vote: 4:0.
MINUTES OF FEBRUARY 21, 2006
M/S/P, Johnson/Smith to accept the Minutes of February 21, 2006 as presented. Vote: 4:0.
3. PUBLIC INQUIRIES/INFORMATIONAL
A. PUBLIC INFORMATIONAL
Sheriff Steve Pott said there was a marijuana arrest in the city Friday at 2270 Manning Trail. 2 people are in
custody. The police confiscated plants, cocaine, methamphetamines, guns, and ready for sale marijuana. The home
Lake Elmo City Council Meeting Minutes
March 6, 2006, Approved: March 21, 2006
Page 3
is owned by the woman arrested. He said it would be shortsighted to think drugs are not in the community. In a
recent student survey, the use of marijuana has increased significantly. Growing and warehousing is more a
problem in this area than distribution.
B. PUBLIC INQUIRIES
No inquiries.
4. CONSENT AGENDA
A. RESOLUTION NO.2006-023:APPROVING CLAIMS
B. LEASE AGREEMENT: WASHINGTON COUNTY FAIRGROUNDS — CLEAN UP DAY
M/S/P, Johnson/Smith to adopt Resolution No. 2006-023 approving claims in the amount of $427,452.21 and
approving a lease agreement with Washington County Fairgrounds for Clean up Day. Vote: 4:0.
5. FINANCE
No report.
6. NEW BUSINESS
No new business.
7. MAINTENANCE/PARK/FIRE/BUILDING
A. PARKS DEPT.:LANDSCAPING AT LAKE ELMO ARTS CENTER
Administrator Rafferty said Bob Meyer requested expanding art into the living environment in the form of
landscaping surrounding the Art Center. A presentation was made to Parks Commission and unanimously
recommended.
M/S/P, Smith/DeLapp to support Robert Meyer's request for the addition of creative gardens at the Lake
Elmo Art Center. Vote: 4:0.
B. UPDATE ON FIRE DEPT. ACTIVITIES: CHIEF MALMQUIST
No report. Postponed.
S. CITY ENGINEER'S REPORT
No report.
9. PLANNING, LAND USE & ZONING
A. 1990 PARK PLAN UPDATE
The Planner said the Parks Commission unanimously recommended a $20,000 increase to the CIP to hire a
consultant to update the 1990 Park Plan. The Park Plan will be needed to determine the need for community
playfields among other needs
M/S/P, Johnson/Johnston to begin the consultant. solicitation process and set a CIP hearing to amend the 2006 CIP
increasing the Park Plan project from $5,000 to $25,000.
Council Member Smith said even now we do not have enough ball fields according to Parks Commissioners Todd
Bruchu and John Heroff.
Councilmember Johnson said part of Council's role is to look, forecast and work to identify the needs of current
and future Lake Elmo residents, and this is our opportunity to do that.
Mayor Johnston stated that it is the Council's role to manage the People's business, and it is more efficient to hire a
consultant and keep staff low.
Administrator Rafferty said parks are being inventoried and will soon be finalized. A needs assessment was
Lake Elmo City Council Meeting Minutes
March 6, 2006, Approved: March 21, 2006
Page 4
requested after discussion with Oakdale abouta joint park. The Park Plan needs to be updated since 1990. That
will give us a vision for today and into the future.
Vote: 3:1 No — DeLapp: Councilmember DeLapp is opposed because he does not see how it benefits existing
residents. Dollars for downtown plans have not been spent yet. Commissioner Todd Bruchu can tell Council what
the city needs, and we don't need to spend money on a consultant. We do not need to pay someone to tell us what
we need when we already know we need it.
B. ZONING VARIANCES — HAIRE (8160 HILL TRAIL);
RESOLUTION NO.2006-024
The Planner explained the variance request for a complete tear -down of an existing home and construction of a new
home. He said the Planning Commission recommended approval on a vote of 5:4. Two variances are required for
the setback distance from OHW and construction of a new home on a lot substandard by area.
M/S/P, DeLapp/Smith to adopt Resolution No. 2006-024 denying zoning variances for 8160 Hill Trail based upon
facts and data included in the staff report and Planning Memo of February 13, 2006. VOTE: 4:0.
C. ORDINANCE NO.97-166 RELATING TO PRIVATE WELLS/RESOLUTION NO.2006-025
DECLARING POTENTIAL HAZARD
The City Attorney prepared two actions for Council to consider. One has city-wide application to allow the sealing
of wells when city water becomes available and the other is for an area where a potential hazard exists. The report
should say sink faucet not sick faucet. City Attorney recommends changing
VIEW TAPE
M/S/P, Smith/Johnson to adopt Ordinance 97-166 amending sick faucet to sink faucet and adding 600.21 B. A
private well which has been declared to be a known or potential health hazard by resolution of the city Coucil shall
be sealed pursuant to the regulations of the Minnesota Dept. of Health. Vote: 4:0
M/S/P, Smith/Johnson to adopt Resolution No. 2006-025 amending it to add "as illustrated by Exhibit A" and to
add that "all of the private residential wells in the WCLE Area are located downstream from the source of
contamination and draw water from the same aquifers." Vote: 4:0.
10. CITY ATTORNEY'S REPORT
No report
11. CITY ADMINISTRATOR'S REPORT
A. WORKSHOP ON MARCH 14'a-PRESENTATION OF OLD VILLAGE PLAN
Next week at the Council Workshop at 6:00 p.m. (televised) will be the presentation by the Bob Engstrom Team
retained by the City as of the Village Plan. The Planning Commission will be invited to attend.
The Mayor said at the next council meeting the Council will take action to decide how to present it to the public.
12. CITY COUNCIL REPORTS
A. MAYOR JOHNSTON
B. COUNCIL MEMBER CONLIN
Absent
C. COUNCIL MEMBER DELAPP
a. Wastewater from wash bays at gas station may be going into the ground at Cenex.
b. Inwood street signs wired in and wondering if it was done. Budgeted money for speed signs.
Administrator Rafferty said we have one and it is deployed by the Sheriff's office.
Lake Elmo City Council Meeting Minutes
March 6, 2006, Approved: March 21, 2006
Page 5
c. After flurry of letters from Mary Devine in Afton, and it is obvious that Met Council is barely
hitting horizon on townships. What we have been imposed with is a seven county issue. They do
not necessarily have to sit down and take it alone. EAW called for 1.7 million gallons capacity to
Lake Elmo and 2 million concurrently to communities along I-94. They are being told they have to
take it in the EAW but after this was called to the attention of the Met Council, this directive was
rescinded.
D. COUNCIL MEMBER JOHNSON
Wonderful local newspaper coverage of the Lake Elmo Inn and their recent awards.
E. Council Member Smith
Chelsea Jones with the Stillwater Ponies is somebody to watch.
Employee and Volunteer Recognition Banquet, Friday, March 10, 6 p.m., Tartan Park
Board of Review on May 3 from 4-6 p.m.
Clean-up Day June 3
Council Workshop:March 14, 6 p.m.
Adjourned at 7:29 p.m.
Respectfully submitted,
Kimberly Anez
Recording Secretary
Lake Elmo
Agenda Section: PUBLIC INFORMATIONAL
No. 3A(1),
City Council
April 4, 2006
Agenda Item: Water Ski Show: Joe Kiesling
Background Information for April 4, 2006:
Joe Kiesling, Tri-Lakes Assoc., is requesting Council approval of a Water Surface Use Permit for the
Annual Water Ski Show on Lake Jane, August 12, 2006. The Tri-Lakes Assoc. has secured the
appropriate insurance coverage and the Sheriffs Department will sign off on the permit pending
Council approval. The Fire Department will be contacted to provide an emergency vehicle.
Mr. Kiesling is requesting a waiver from surface water rules for the days of this event and a "No
Parking" permit to park from Jamaca Avenue to Jane Road North.
Action Item:
Person responsible:
MIS/ to approve the permit request of Joe Kiesling, on
S.Lumby
behalf of the Tri-Lakes Association, to hold a Water Ski Shoe
on Lake Jane, August 12, 2005, based on the submittal of the
appropriate information and on past favorable requests.
Attachments:
1. Water Surface Use Permit
2. Insurance certificate
FROM FAX N0. Jun. 13 2005 09:41AM P3i3
MAR-28-08 TUB 12.01 PM CITYt-OFMLAM-RNO PAX N0, 651 777 9615 P. 2
Waft
ton 0111ce Of the Sheriff
..,.,
0,
Cofmfaztntmaz to 'C&jtce
Steve pott
shxlwltt
Chuok Yottor
Chlot pepulY
APPLICAVCyl'y rf OR WATER SVRFACE USIE PtCI XII
To Place a rak booye or olhar structure sit or in the waters of this county pursuant to MN Rules '110.1800
AYam®P= Homephona:_ULi\
Address: «?, i_ h .,...__ WorkphonalA&�
Zip Codiu a s@—".,"
l;ody of water wh ro structttye will be locootad; Lw e' t ItN e
Type ofstructure ;� W. w ', �y c"
Installation OR200ctura (dates)
Permit requirements:
1. Diagram ofwater surface showing placement of structure, Include the depth of tha water at the
location oftbe Structure, .
1 Permit must be tseued before struetura Is placed on or in the watar,
3. Floating rafts, swim buoys and Mooring buoys most be placed between the permit holder's property
lines as they extsnd into the take.. These strotetures mast be wlthia 100 feet of shore.
d. Structure must display proper reiiective material as deseribed In HN State Rule 6110.1800.
9. Permit number must be displayed On the structure using numbers that are at least two Irtebos high
and a contrasting color to thearea where they are attached.
6. Permanent water ski slalom courses and water ski JUMPS must be approved by a reprasaatativa At the
City or TownsWlp whero the course will be locate& slalom soUrsas canner exceed 900 feet in length
and must display permit aamber An tilt and finals. Surface frosts most be submerged or removed
when the course is not in use., Property owUara which the course directly affects AICTST gives written
partulSSiom Slalom courses and stti jumps cannot be a Uavlgational baaard. Water Ski jumps Must be
lighted during the boars of darknesS.
CityfTowaship Represcntathe printed
signaturev
qv
% a
Signature of Applicant. y
Date; -:�\;7.-v —n
._---
L.aw ertloroament center • 16^15 62nd Street Worth ^- P'O- BOX 3801, 8611WAter, Minnesota 55082-3801
Phehe: 061.430m1506 - FAX: 651-430-7603 • 1TY' 081-4SM248
W Ww.ao,washington.mn.ua
Equal rniployrhent bppartumly w Affirmative Aotion
FROM FAX NO.
MAR-26-06 TUR 12:01 PM CITY--iAXE«-FLMO
Jun. 13 2005 09:41AM P2i3
FAX NO, 651 777 9615 P, 3
CITY OF LAKE ELMO Pem,it No,
WAIVER OF WATER SURFACE USE REGULIITION3 Pate
Lake,S'lmv CUP Hall
lfodce: 6
Applicant
l�rgaaixation _
t
Relationship to ®rg.
Applicant's addressuag-
6 d
Phone N`tunbers
Date Preference$
Hours \i!
A,ativity/Purposc 1
: *O LaverneAve. No,
Lake Elmo, MN 3564;
r 55,10 , Fax: 651-777461$
S70
F, ���
M
I have received, read, artd understand the requirements of the Lake.Rbxo ordingneg 97.13o,
for a Special Permit allowing the waiver for Water Ski Shows. A copy of the permit will be
at the event at all times dgring the permitted period of time.
Slohot ure of Applicant ( `9Yo 1s 0., rsm \1 n ii\ An. L1r$e
Approved ❑ Denied 0 Notified Sheriff El
City Clerk signature
City Administrator Signature Data
311(5/06
FROM :
FAX NO. : Jun. 13 2005 09:21AM P1
For Informational Purposes Only
ACORO 25 f2bWnR1
SHOULD ANY OF THE ABOVE DESCNIREU poWgi S DECANCELLEDBEFORE THE
EXPIRAVON DAYETHMOEOF, THE ISSUING INSURER RILL ENDEAVOR TO MAIL
30 DAY6MTTE1 NOTICETOTLIECERTIFIOATE HOLDER NAMED TOTNBLEFY,
BUT FMLURTn MAIL SUCH NOTIGE SHALL IMPOSE NO OBLIGATION OR LIAMILITY
@AICORD CORPORATION 1988
CITY OF LAKE ELMO
ARBOR DAY PROCLAMATION
WHEREAS: Minnesota is home of many of our nation's natural resources, foremost
among them are our beautiful and abundant forests; and
WHEREAS: Trees are an increasingly vital resource in Minnesota today, enriching our
lives by purifying the air, conserving soil, water and energy, creating jobs
through a large forest products industry, serving as recreational settings,
providing habitat for wildlife of all kinds, and creating beautiful landscapes
to make our communities more livable, and
WHEREAS: Human activities such as construction damage, pollution and neglect, as
well as climatic extremes, disease and insects threaten our trees, creating
the need for concerned action to ensure the future of community and rural
forests in our state and throughout the country; and
WHEREAS: Each individual can act locally to improve the environment by planting
trees and ensuring that these trees are protected and receive proper
maintenance in the years ahead; and
WHEREAS: Each year on the last Friday in the month of April and throughout the
month of May, the people of Minnesota pay special tribute to the vital
natural resource that our trees represent and dedicate themselves to the
continued vitality of our state's community and rural forests;
NOW, THEREFORE, I Dean Johnston, Mayor of the City of Lake Elmo, do hereby
proclaim April 28, 2006 to be
ARBOR DAY
And the month of May, 2006 to be ARBOR MONTH in Lake Elmo, Minnesota.
Signed this 4`h day of April, 2006
Dean Johnston, Mayor
Tree City U.S.A.
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-031
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 317, 318, DD682 through DD694,
28901 through 28907, were used for Staff Payroll dated March 30th, 2006; claims 319,
28908 through 28948, in the total amount of $493,366.20 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 4th day of April, 2006.
Dean A. Johnston
ATTEST: Mayor
Martin J. Rafferty
City Administrator
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waaws
CITY OF LAKE ELMO
2006 BILLING SUMMARY
MONTH
11135
Administration
11140
Criminal Pros
11145
Public Imp. Pro)
11150
CommunityDev
11155
Civil Litigation
11161
Auto Forfeiture
TOTAL
Jan
$2,381.27
$3,516.24
$363.00
$1,821.52
$135.00
$8,217.03
Feb
$1,364.70
$4,574.62
$572.96
$616.00
$1,997.00
$5.00
$9,130.28
March
$0.00
April
$0.00
May
$0.00
June
$0.00
July
$0.00
Aug
$0.00
Sept
Oct
$0.00
Nov
$0.00
Dec
$0.00
Totals
$3,745.97
$8,090.86
$572.96
$979.00
$3,818.52
$140.00
$17,347.31
1 3/17/2006
.> Suite 300 POE _ N,�_-_ . (651) 291.8955
50 East Fifth Street (651) 228.1753 facsimile
St. Paul, MN 55101 1197 FRW&BERGMAN Federal Tax ID 841-0991098
W W W
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 55042
FEES
11135-000008 Comp. Plan Update 2000-2020
0.00
11135-920001 Administration
1,144.00
ACCOUNT NO
EXPENSES ADVANCES
Page: 1
02/28/2006
11135M
MUMn�zw�
0.00
220.70
$220.70
0.00
0.00
$1,144.00
0.00
220.70
$1,364.70
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
P ERSON,
Suite 300
(65I) 291-8955
50 East Fifth Street
p h 7
(651) 228.17 facsimile
St. Paul, MN 55I0I-I 197
P ERG 1�1��
Federal Tax ID 1-099109II
114
u ® e
Page: 1
CITY OF LAKE
ELMO
02/26/2006
3800 Laverne
Avenue North
ACCOUNT
NO.
11140M
Lake Elmo MN 55042
FEES EXPENSES
ADVANCES
BALANCE
11140-030001
Misc Prosecutions
4,080.00
17.66
0.00
$4,097.66
11140-050148
Korgh, Allison Caron
no park permit, no insurance
5.00
6.42
0.00
$11.42
11140-050203
Carey, Brian Lee
DAS
22.50
0.00
0.00
$22.50
11140-050252
Pinkston, Keith Antonio
DAC
5.00
1.61
0.00
$6.61
11140-050261
Roth, Tanessa Lynn
Violate restraining order
5.00
0.00
0.00
$5.00
11140-050267
Brown, Nathaniel
DAR, expired registration
5.00
0.00
0.00
$5.00
11140-050270
Gonzalez, Leonardo
_
4th degree DUI, DAS
5.00
0.00
0.00
$5.00
11140-050274
McAninch, Andrea J.
2nd degree DUI
45.00
1.61
0.00
$46.61
THIS STATEMENT IS DBE.AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEW MONTITS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 PETERSON,
50 East Fifth Street F B�e- RG ., T
6t. Paul, MN 551014197 � HL 1�.1_1lV/Ill/�111\VI
n a a e
CITY OF LAKE ELMO
ACCOUNT NO
FEES EXPENSES ADVANCES
11140-050283 Fletch, Jay William
3rd degree DUI
52.50
.0.00
0.00
11140-050293 Pita, Andrew
4th degree DUI, not
a drop
violation, open
bottle
5.00
3.21
0.00
11140-050295 Davis, Alia
DAS, no insurance
5.00
0.00
0.00
11140-060012 Side, Brian
domestic assault
11140-060014 Sanchez, Anthony
(651) 291.8955
(651) 228-1753 facsimile
Federal Tax ID #410991098
Page: 2
02/28/2006
11140M
BALANCE
$52.50
$5.00
5.00 0.00 0.00 $5.00
DAS
5.00
0.00
0.00
$5.00
11140-060015
Thompson, Latasha M.
DAS, no proof of insurance
5.00
O.DO
0.00
$5.00
11140-060016
Vogel, Martin Thomas
illegal transport of BB gun
52.50
0.00
0.00
$52.50
11140-060017
Senkler, Michael James
GM -intent to escape MV tax
10.00
0.00
0.00
$10.00
11140-060023
Antunes, Filiberto
domestic assault
72.50
0.00
0.00
$72.50
THIS STATEMENT IS DBE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE EAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 �E Vr (651)291.8955
50 East Fifth Street (651) 228-1753 facsimile
St. Paul, MN 55101-1197 FRW&BE Federal Tax ID #41-0991098
9 i 0 1
Page: 3
CITY OF LAKE ELMO 02/28/2006
ACCOUNT NO. 11140M
FEES
EXPENSES
ADVANCES
BALANCE
11140-060024
Heller, James
DAS, no proof of insurance
5.00
0.00
0.00
$5.00
11140-060025
Leech, Jason Oliver
3rd degree DUI, 3rd degree
test refusal
15.00
0.00
0.00
$15.00
11140-060026
Parent, Doreen Diana
2nd degree DUI, 2nd degree
.08
10.00
0.00
0.00
$10.00
11140-060031
Eckert, Rachel Marie
underage consumption
37.50
0.00
0.00
$37.50
11140-060032
Helwig, Robert -
theft
0.00
1.61
0.00
$1.61
11140-060036
Bjorkman, Joseph
speed 45/30
10.00
0.00
0.00
$10.00
11140-060040
Stevens, Michael L.
3rd degree DUI, DAC
75.00
0.00
0.00
$75.00
11140-060041
Clasen, Christopher C.
LSA, no proof of insurance
5.00
0.00
0.00
$5.00
4,542.50
32.12
0.00
$4,574.62
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT.
PLEASE RETURN ONE COPY OF STATE, WITH PAYMENT.
Suite 300
50 East Fifth Street
St. Paul, MN 55 10 1.1 197
P" ap' 5S";1 ;fSf3NrA :3.J.
O,G `I A'1'1kD:`N:j
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
ACCOUNT NO
FEES EXPENSES ADVANCES
11145-060001 TABYLN PARK —LE HEIGHTS WATER CONNECTION
572.00 0.96 0.00
(651) 291-8955
(651) 228-1753 facsimlle
Federal Tax ID #410991098
Page: 1
02/28/2006
11145M
BALANCE
$572.96
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL RE CREDITED TO THE NEXT MONTHS STATEMENT.
PLEASE E RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 j N (651) 291.8955
50 East Fifth Street N�ys (651) 228.1753 facsimile
St. Paul, MN 55101-1197 F B-ER Federal Tax ID 941.0991098
® a e e
CITY OF LAKE ELMO
3800 Laverne Avenue North
Lake Elmo MN 55042
ACCOUNT NO
FEES EXPENSES
11150-050007 LAKE ELMO DEVELOPMENT CORPORATION - OF
429.00 0.00
11150-050009 PLAT, REZONING AND COMP PLAN - PARK MEADOWS
44.00 0.00
11150-060002 HAIRE SHORELAND VARIANCE
88.00 0.00
11150-990006 Carriage Homes Development
55.00 0.00
616.00 0.00
ADVANCES
0.00
0.00
0.00
0.00
0.00
Page: 1
02/28/2006
11150M
BALANCE
$429.00
$44.00
$88.00
$55.00
$616.00
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDHTED TO THE NEXT MONTH's STATEMENT.
PLEASE, RETURN ONE COPY OF STATEMENT WITH PAYMENT
Suite 300
50 East Fifth Street
St. Paul, MN 55101.1197
it,
� : �,
IP z)�Asy E;S 5 7°AN,A L'�A 5510 ,C �7.A T:1;21 N1
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
FEES EXPENSES
11155-040002 ZIERTMAN/SESSING PROPERTY
1,228.50 0.00
11155-060002 J.P. BUSH HOMES V. CITY OF LAKE ELMO
432,00 1.50
1,660.50 1.50
(651) 293.8955
(651) 228.1753 facsimile
Federal Tax ID #41-0991098
Page: 1
02/28/2006
ACCOUNT NO. 11155M
ADVANCES BALANCE
335.00 $1,563.50
0.00 $433.50
335.00 $1,997.00
THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH,
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL HE CREDITED TO THE NEAT MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
Suite 300 Ej�„�l,Jj
50 East Fifth Street p-�g-ti n A R B'f RG R p T 7
St. Paul, MN 55I01-I197 �i l�Vl .�d+ 1���
CITY OF LAKE ELMO
3800 LAVERNE AVENUE NORTH
LAKE ELMO MN 55042
11161-060001 McAninich, Andrea
vehicle forfeiture
(651) 291 �8955
(651) 228.1753 facsimile
Federal Tax ID #41-0991098
Page: 1
02/28/2006
ACCOUNT NO. 11161M
FEES
EXPENSES
ADVANCES
BALANCE
5.00
0.00
0.00
$5.00
THIS STATEMENT IS AIDE AND PAYABLE TO THE END OF THE MONTH.
PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL HE CREDITED TO THE NEXT MONTHS STATEMENT.
PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT.
UIES/T EKA ANTOWNSHIP
STILLWATER, MINNESOTA 55082
RECEi VED
2 8- %
March 27, 2006
Dean Johnston, Mayor
Lake Elmo City Hall
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: XCEL Fly Ash Repository in the St. Croix Valley
Dear Mayor Johnston,
As you may know, Xcel Energy has been looking for a new fly ash dump in close proximity to
its Alan S. King coal-fired power plant in Bayport. They have been depositing wet fly ash at a
dump site in Oak Park Heights for many years and their goal is to continue depositing wet fly ash
into a new facility, also within close proximity of the plant. After a search of many existing
gravel pits, Xcel has identified a gravel pit in West Lakeland Township as its future site and they
are moving forward to obtain the approvals necessary to use this site.
The fly ash being deposited contains toxic waste from the coal burning process and our concern
is the long-term health and environmental risks posed by these wastes being stored in the highly
sensitive St. Croix River valley, with its fragile geology and already threatened ground -water. I
hope you would see this as not just a West Lakeland issue, but a valley -wide issue. This waste
can certainly go elsewhere than in this valley.
The Xcel process must be monitored to ensure that the eventual solution respects the resources
of the valley, especially its groundwater. As Xcel seeks their approvals, monitoring the process
will take legal and engineering resources at some cost. There will be the permitting process
through the PCA, local (West Lakeland Township and County) permitting, potentially Xcel
seeking a "fly ash repository siting bill" at the legislature, and perhaps court actions.
"Fly Ash Fund" Started
These challenges will take human resources and money, and since the outcome of this process
will affect this valley and its groundwater for generations, we are hoping you will see this
John McPherson April 26, 2006 Page 2 of 2
challenge as something your community's officials will support. It would be a huge burden to
ask just the residents of West Lakeland to carry the financial load.
I am therefore asking for the financial support of your community in an initial amount of
$1,500 to he added to a `fly ash fund" that can he used in any of the following ways:
• Engineering critique of Xcel's Environmental Assessment Worksheet (EAW) currently
being prepared as required by the PCA
• Engineering critique of the anticipated follow-on Environment Impact Statement (EIS)
• Zoning, engineering and legal review of Xcel's anticipated CUP application with West
Lakeland Township
• Legislative bill tracking and testifying at MN house and senate committees
• Potential court actions
Certainly costs can be defrayed in many ways, volunteer efforts and application escrows being
just two methods. However qualified engineering and legal opinions will be needed, and these
will come with a price tag that can not be avoided.
I do hope you and your community will join us in this most important effort. Thank you so
much for your consideration.
Most cordially2c-f
Jolui M
Chair, Board of Supervisors
West Lakeland Township
13520 Greenwood Trail North,
Stillwater, MN 55082
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9A
City Council
April 4, 2006
Agenda Item: Septic Drain Field Setback Variance — 7949 Hill Trail (Scharrer)
Background Information for April 4, 2006:
At its March 21 meeting the City Council directed staff to prepare a Resolution of Denial for this variance
application. We have attached a draft of a Denial Resolution including Findings based on the City Council
discussion of the application at the March 21 meeting.
Action items:
Person res nsible:
c
Mc+ion to adopt Resolution #2006 - denying the application of
jity9ne
Jeff and Robin Scharrer, 7949 Hill Trail North to locate a septic
drain field 15 feet from a structure where Section 700 of the City
Code requires a 20 foot drain field setback from structures.
Attachments: oa fi
Time Allocated:
1. Draft Resolution #2006 — Variance Denial
2. Draft March 21, 2006 City Council Minutes
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-028
A RESOLUTION DENYING A VARIANCE FOR
JEFFERY JOHN AND ROBIN SCHARRER
LOCATED AT 7949 HILL TRAIL NORTH
WHEREAS, Jeffery John and Robin Scharrer, 7949 Hill Trail North, have made
application for a variance to Section 700 of the Lake Elmo Municipal Code and Chapter
7080.0170 of Minnesota Rules to construct a replacement septic drain field
approximately 15 feet from a structure where 20 feet are required.
WHEREAS, at its March 13th meeting, the Planning Commission reviewed and
recommended approval of setback system variance at 7949 Hill Trail North.
WHEREAS, at its March 215f meeting, the Lake Elmo City Council reviewed the
septic system setback variance application of Jeffery John and Robin Scharrer to permit
construction of a replacement drain field, per plans staff -dated March 9, 2006, at 7949
Hill Trail N. within 15 feet of the existing house where a 20 foot setback is otherwise
required.
NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council
denies the variance at 7949 Hill Trail to construct a replacement septic drain field within
15 feet of an existing structure where a 20 foot setback is required by Section 700 of the
City Code based on the following findings:
I. The property can be put to reasonable use without the granting of the variance
requested. The applicant can construct a mound style drain field without need
for a setback variance.
2. The variance requested does not result from circumstances unique to property.
Alternative solutions for the treating of wastewater are available that would
not require the requested variance.
3. Granting of the variance will not change the essential character of the
neighborhood.
ADOPTED BY THE Lake Elmo City Council the 21 st day of March, 2006.
Dean Johnston, Mayor
ATTEST:
Martin J. Rafferty, City Administrator
Scharrer Variance
DRAFT
recpnsidered based on new information and written statements at the next Council-
meetingtiut~that this does not mean the Council members will &hangelheir decision.
M/S/P - Johnston/Johnso� o aeon' afire Variance, 8160 Hill Trail, at the
April 4, 2006, Council_W-eting-" �w a
passed 4-0-1: Conlin Abstained -did not attend the March 6,
B. Variance for Septic System Setback for 7949 Hill Trail (Scharrer).
City Planner Dillerud said the existing septic system at 7949 Hill Trail is no longer
functioning. The system is not yet a health hazard and the applicants are being
responsible about the problem. They are requesting a variance to Septic 700 septics /
design standards to permit a replacement drain field within 15 feet,the existing house
where a 20 foot setback is otherwise required.
M/S/P Johnston/Conlin - to direct Staff to come back
Resolution No, 2006-028, because applicant can cons
without need for set back variance, and waive the van
(Motion passed 5-0) 0111
C. Zoning Ordinance / City Co
City Planner reported that over the
ii�gs with the City Council and Pla
-sNk
g the regulation of Home Oce
y
idmen that had been created end;
on which the required Public
Council Member Srm ass on, a h
Occupations ordin lre Crty4t
Shoreview model 4vhich'laxi 5
City Code are ge rally based y° ' P
has reviewed the Horne Occupati "rn
Park Heights.
R\
Mayor Johnston said the H$me Office
recommended. Licenses should be rer
operate a business in a resi
numerical limit, i.e., 2,000
denial of
drain field
,e been numerous
numerous drafts prepared
pations He presented a draft set of City,Code
,-commended by the Planning Commission, and
d been conducted. r
K/
Ukm
dout aid said she believe, 11r tattthe Home
Oak Park Heights is theinodel to follow, not the
Commission reco rimended amendments to the
vrer Dillerud s i�that the Planning Commission
lation strat 1es of several cities, including Oak
the City. Perpetual licenses are not
and a mechanism is needed to
ate21 businesses need to have a
AG businesses need
DeLapp said AG zone isWta residential zone and space is
Member Conlin said so would like to see what is in the ore
license. CouncilMdmber Johnson said she was on the Planning C
Council Member
control. Council
o
ninistrator Rafferty suggested that Home Occupations be moved to the
Workshop, and changes that need to occur by the Council.
Lake Elmo City Council Minutes Match 21, 2006
F
o Agenda Section: Planning, Land Use and Zoning No. 9B
cil
06
Agenda Item: Reconsideration — Variance(s) Application at 8160 Hill Trail (Haire)
Background Information for April 4, 2006•
At its March 21, 2006 meeting the City Council directed that this matter be placed on the April 4, 2006 City
Council Agenda for reconsideration. On March 6, 2006 the Council unanimously adopted a Resolution
denying the applied for variances (lot area and OHW setback) on a vote of 4-0 (Council Member Conlin
absent). Due to the unusual meeting night on March 6 (a Monday rather than the usual Tuesday) the
applicants were not in attendance at the Council meeting. They have requested the Council to open the
matter for reconsideration to enable them to respond to the Findings adopted in support of the denial. The
applicants have also provided the City with a written extension of the 60 day review period.
We understand that the applicants may provide written materials in support of their reconsideration request.
If such materials have been received by the publication time for this agenda they are attached.
The Council's options with this matter are either to 1.) Affirm the earlier denial decision; or, 2.) Direct the
staff to prepare a new Resolution with Findings (supplied by the Council on April 4) that support approval
of one or both of the variances.
Pers re, po sible•
Action items: Qu
Motions(s) to: Ci(OP,
1.) Affirm the March 6, 2006 denial decision in the Haire
variance matter; or,
2.) Direct staff to prepare an alternate Resolution approving
one of both of the variances requested by Hair — with
alternative Findings and any required conditions to be
specified by the Council in its action.
Attachments: Time Allocated:
1. Draft City Council Minutes of March2l, 2006
2. Agenda Materials from March 6, 2006
3. Applicant's New Documentation — if any.
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO.2006-024
A RESOLUTION DENYING ZONING VARIANCES FOR
KEVIN AND GENA HAIRE
LOCATED AT 8160 HILL TRAIL NORTH
WHEREAS, Kevin and Gena Haire, 8160 Hill Trail North, has made application
for a variance for a nonconforming parcel area and a variance to Section 325.06
Shoreland Standards, Subd. 4. A. Setback from Ordinary High Water Level of Lake
Demontreville to construct a new home (after razing the existing home) on a parcel of
34,700 square feet (8/10 acre).
WHEREAS, at its February 13th meeting, the Plarming Commission reviewed and
recommended approval of the variance from the OHW setback standards and minimum
parcel area standards of the zoning ordinance at 8160 Hill Trail North, per the plans staff -
dated February 9, 2006.
WHEREAS, at its March 6th meeting, the Lake Elmo City Council reviewed
the variance to Shoreland OHW setback standards at 8160 Hill Trail and minimum parcel
area standards for razing of an existing home and complete construction of a new home,
with the proposed home is 52 feet from the OHW mark of Lake Demontreville and
hereby denies said variances based on the following Findings:
The property can be put to reasonable use without the granting of the variances
requested. The opportunity exists for the applicant to utilize the existing house as a
basis for reconstruction/remodeling at a lesser scale and mass.
2. The minimum lot area variance requested does not result from circumstances
unique to this property. A significant number of non -conforming vacant parcels
and parcels with similar homes of a similar age as the existing home on this parcel
are located in this and other neighborhoods of the City.
3. Granting of the variance will change the essential character of the neighborhood.
The proposed house/garage is of substantially greater mass than those adjacent and
would be out of scale with the existing neighborhood.
4. The floor plan of the proposed house includes multiple rooms that could, with
minor alterations, become additional bedrooms thereby potentially overloading the
septic system design for a 3 bedroom house.
5. Background information and the planning/zoning policy implications discussed in
the February 8, 2006 Planning Staff Report on this application (attached hereto as
Exhibit A)
ADOPTED BY THE Lake Elmo City Council the 6th day o .ar 2006.
Dean Johnston, Mayor
OTTPQT-
DRAFT
ire Chief Malmquist recommended that Rick Myran be moved from probation to
firefighter status.
M/S/P\$1,50
on/DeLapp, to place Rick Myran to Firefighter status. (Motion assed 5-0)
Updateefighter Grant — Fifteen departments in Washington County ith radios.
Cost is&0 for the City, but the County will pay a cap of $1,00 , 00. User's fee
is $300/year. e Fire Dept. will be celebrating 50 years in 2007, a Committee is
Il
being formed to p a 50`h Year celebration. Help and suggestion are welcome.
8. CITY ENGINEE 'S REPORT:
A. Resolution 2 6-027: Award Bid for Phase IV the Water S stem
Interconnect Project
In his letter dated March 10, 06, the City Engineer re ortedhat seven bids were
opened on March 10, 2006, for is project. The City ng�nA recommended awarding
the contract to Ellingson Drainag for their bid of $f112,75$68 ..;a
M/S/P DeLapp/Johnson— to adopt Re lotion 06411, a Resolution awarding the bid
for the Phase IV of the Water Interconn t P Iect 44!Ellmygson Drainage on the amount
of $412,758.68. (Motion passed 5-0) \,
B. Resolution 2006-029: AccXbt Feas rli ,,Re orFft r 2006 Overla — Tal
Park Neighborhood
The City Engineer presented the , ouncil thasl lity Report for 2006 Overlay —
Tablyn Park Neighborhood Proct
M/S/P Joluison/DeLapp t adoptolutiola 006-029, ` Resolution Receiving the
Feasibility Report and rl a1?r lic Hearing on April 18, 006, on Street Repairs for
Tablyn Park Neighbor o0 1 otionpassed 5-0)
C
C. Resolu do 2006 WI Chris Riley Utilities Inc.
City Engineer Pew %s,notifiWky letter Chris Riley Utilities, Inc. ill not be
completing W ter Syste Jnt&ormection Phase I and III Contracts. commendation is
to terminat re contract" bi cause." Travelers Casualty and Surety Co any was
notified Riley Utilities, Inc. for non-performance
Johnson/DeLapp —to adopt Resolution 2006-030, authorizing and direci�g City
to initiate or continue action with respect to the City's claim on the perform ce
a. (Motion passed 5-0)
9. PLANNING, LAND USE & ZONING:
A. Request regarding the application for the Haire Variance — 8160 Hill Trail
The City Planner reported that these variances to the OHW setback and minimum lot
were denied by the Council at the March 6, 2006, Council meeting. Due to extenuating
circumstances, the Council agreed the applicants should have the opportunity to be
Lake Bhno City Council Minutes March 21, 2006
M • __
reconsidered based on new information and written statements at the next Council
meeting but that this does not mean the Council members will change their decision.
M/S/P - Johnston/Johnson — to reconsider the Haire Variance, 8160 Hill Trail, at the
April 4, 2006, Council meeting.
(Motion passed 4-0-1: Conlin Abstained -did not attend the March 6, 2006, meeting)
B. Variance for Septic System Setback for 7949 Hill Trail (Scharrer).
)Pity Planner Dillerad said the existing septic system at 7949 Hill Trail is no longer
tioning. The system is not yet a health hazard and the applicants are being
respo Bible about the problem. They are requesting a variance to Septic 700 septics /
design dards to permit a replacement drain field within 1.5 feet of the existing
where a 2 foot setback is otherwise required.
M/S/P Johnsto Conlin —to direct Staff to come back with a 1Vl653hTor de " l of
Resolution No. 2 6-028, because applicant can construdb mound y e rain field
without need for set ack variance, and waive the varia4�ce application3, ' r.
(Motion passed 5-0)
1 5\
C. Zoning Ordinan / City Code Amendments L;I3o Occu ations
The City Planner reported tha over the pa o years there ve been numerous
meetings with the City Council d Plannin Corrtxnssro arti numerous drafts prepared
addressing the regulation of Home ccupatiotis. He p' anted a draft set of City Code
amendments that had been created recommertde y the Planning Commission, and
on which the required Public Hearing h been Z ucted.
Council Member Smrth passed'o La d said she believes that the Home
Occupations ordmanc,m,the of O P k Heights is the model to follow, not the
Shoreview model g�av�ich the Planiiin ommi 'on recommended amendments to the
City Code are gally based City er Diller said that the Planning Commission
has reviewed the Ht3me Occupattt egulation strategi of several cities, including Oak
Park Heights. y
Mayor Johnston said the ff9i"Kie Office is an asset to the City. erpetual licenses are not
recommended. Licenses ould be renewed annually and a mec ism is needed to
operate a business in esidential zone. Storage -related businesse eed to have a
nu>nerical litriit, i.e. ,000 sq. ft, AG businesses need more storage. ouncil Member
DeLapp said AG one is not a residential zone and space is hard to con 1. Council
Member Conl' said she would like to see what is in the ordinance before eciding to
licensvosessions
cil Member Johnson said she was on the Planning Commis-.— during the
early on regulating Home Occupation, and she is not supportive an
overlyx set of regulations.
Administrator Rafferty suggested that Home Occupations be moved to the next
lcil Workshop, and changes that need to occur by the Council.
Lake Eltno City Council Minutes March 21, 2006
Lake Elmo Agenda Section: Planning, Land Use and Zoning No. 9B
City Council
March 6, 2006
NIAMBIBIll sill
.Background Information for March 6, 2006:
The Planning Commission, at its February 13 meeting, adopted a recommendation for approval of this
application for nonconforming parcel area and OHW setback variances that would permit construction of a
new home (after razing the existing home) on this "old platting" parcel of 34,700 square feet (8/10 acre).
The Commission's vote on the recommendation was split 5-4,.with the commissioners voting nay (Pelletier,
Schneider, Lyzenga, and Chair Helwig) all voicing concern with the scale of the proposed home in relation
to the parcel area and the existing neighborhood character. Those concerns relate to the nonconforming
parcel area variance. Little concern was voiced regarding the OHW setback variance, probably since the
proposed house location would be 15 feet less nonconforming as to OHW setback (but still nonconforming)
than the existing house location.
This application was received by the City on January 17, 2006. Therefore City compliance with 60
application review requirements mandates that the Council take some action at the March 6, 2006 meeting.
The only exception to this mandate will be if the applicant provides the City with a specific written waiver
of the 60 day review period. Should the Council decide to instead deny the applications, the findings
provided in the Planning Commission recommendation and included in the attached draft Resolution should
be modified accordingly.
Person res onsible:
Action items:
C 4 C'y �ne
Motion to adopt draft Resolution #2006 — approving parcel area
and OHW setback variances at 8160 Hill Trail (applicants, Kevin
& Gina Haire) per plans staff dated February 9, 2006 based on the
Findings and recommendation of the Planning Comrission.
Attachments: GTime Allocated:
1. Draft Resolution #2006 - `Approving Variances
2. Approved Planning Commission Minutes of February 13, 2006
3. Planning Staff Report of February 8, 2006
4. Applicants' Documentation and Graphics
Public Hearing:
Variance to OHW Setback and Minimum Lot Size Requirements, 8160 Hill Trail N.
The Planner explained the application proposes the razing of an existing home and complete
construction of a new home on a lot fronting on both Lake Demontreville and Lake Olson.
The Planner said the original home does not comply with Shoreland Setback Standards; and, that
construction of a new home on this non -conforming parcel is difficult without variances. The
proposed home is 52 feet from the OHW mark of Lake Demontreville. He said that legal non-
conforming status expires should the existing home be removed. The proposed home is much
larger than its neighbors' homes. Positive findings can be made for the variance to shoreland
setback, but the new construction on a non -conforming lot by area could establish a problematic
precedent with carefully crafted findings addressing specific circumstances.. The Planner
advised the Commission that he has worked with the City Attorney on potential findings that
could support all of the variances requested, including new construction on a non -conforming
lot, as follow:
1. The property can not be put to reasonable use without the granting of the variances
requested. The OHW setback variance is the minimum possible given the unique
circumstances of the parcel essentially "fronting" two lakes. The lot area variance
responds to this "reasonable use" Finding only due to the existence of a habitable dwelling
and functioning private wastewater treatment system on this parcel. This Finding would
not be applicable were this non -conforming vacant parcel of similar parcel area non-
conformity.
2. The variances requested result from circumstances unique to this property platted prior to
the adoption of Shoreland Regulations by the City resulting in OHW setback applicable
from two lake frontages, and an existing home/functioning private wastewater treatment
system constructed prior to current zoning ordinance/City Code lot area and septic
treatment standards; and, the circumstances of the variance were not solely created by the
applicant.
3. Granting of the variance will not change the essential character of the neighborhood.
Significant mature trees on the parcel will effectively mitigate the visual impact of
increased structure mass of the new house.
Based on those findings, the Planner recommends approval subject to the following conditions:
1. Compliance with VBWD recommendations pertaining to silt fencing, erosion control,
and rain guttering.
2. The City Forester must be involved in the staking of trees on this lot prior to and during
construction.
Commissioner Schneider asked how tall the house will be from the lake.
The Planner said he thinks about 30 to 35 from the adjoining ground level plus the elevation
difference from ground near the house and the lake elevation — several more feet.
Commissioner Fliflet asked if the chance of saving the trees is good.
The Planner said the new house is a little bit farther from the lake but in an entirely new area on
the parcel that will improve the odds on saving the trees. He also noted that the City Forester
could participate in reviewing tree protection measures during construction
Commissioner Ptacek asked about the backup septic system.
The planner reported that there is enough room to enlarge the drain field site adjacent to the
existing drain field if they need to in the future.
Commissioner Pelletier asked who would verify silt would not go into the lake.
The Planner said the Building Official monitors erosion control during construction.
Commissioner Lyzenga asked the rationale for 1.5 acre minimum in the R-1 Zoning District.
The Planner said it was before his time with the City and he is not aware Of the exact rationale.
Commissioner Ptacek said the rationale was room for primary and backup traditional septic
systems.
Commissioner Armstrong said the reason was concern for the environment. The mid 1980's
failure of numerous septic systems and the resulting 201 Septic System Program had a great deal
to do with the lot area zoning, especially on lake lots. The City did not want to repeat a 201
program in the future.
Chairman Helwig asked if the existing 201 Mound System on this lot meets current standards.
The Planner said he does not know.
Todd Ganz, Merit Custom Homes representing The Haire Family
Mr. Ganz said that all the trees are at least 25 feet from the new house location.
Chairman Helwig asked what about footings in relation to the trees..
Mr. Ganz said the plan puts the footings about 23 feet from the trees and they will be happy to
work with the City Forester regarding tree protection measures.. The proposed house is 28 feet
tall from 934 elevation to the highest peals. He said the existing 1200 gallon dual compartment
tank will be replaced with a new dual tank treating 1600 gallons. The mound has been tested by
Barry Brown and the future system would be next to and south of the existing septic system.
THE CHAIRMAN OPENED THE PUBLIC HEARING AT 7:30 P.M.
Nobody came forward to speak.
THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 7:31 P.M.
Commissioner Ptacek said he has no problem with the proposed OHW setback because it is
further from the lake than the existing house. He said he does have a problem continuing to
grant variances without the new zoning for Neighborhood Conservation Districts. He supports
the OHW variance but does not feel comfortable with the minimum lot size variance.
Commissioner Deziel said this lot is almost nine -tenths of an acre. He asked if we should force
people who live on lakeshore to live in shanties. He complimented the applicant for locating the
house behind the trees instead of a more exposed location. He encouraged them to make the
house as dark a color as possible to decrease visibility from the lake.
Connnissioner Armstrong said he is concerned that the plan says three bedrooms, but that plan
shows an unheated storage. ,om and a family room that could be co...erted to bedrooms. This
is more accurately a four bedroom home on a mound system that cannot handle it. He wants to
be sure this septic system will be sufficient. He believes we should look at a square footage
equation instead of a bedroom count for future variances.
M/S/P, Armstrong/Fliflet, To recommend approval based on three findings in the staff report and
three conditions to include that staff and the City engineer review applicable Code to insure that
the septic system is up to date. PASSED: 5:4 passed. Nay:, Pelletier, Schneider, Lyzenga,
Helwig.
Commissioner Pelletier asked for staff and the applicant to watch to prevent erosion into the
lake.
The Planner said there are scores of lots like this one. Presumably these findings are specific
enough to this lot.
Commissioner Schneider said this is a very large house on a non -conforming lot on two lakes.
Commissioner Lyzenga said she looks at the plans as a five bedroom home. She is not
convinced the scale of the home is supported by this lot. It is disproportionately out of scale.
HAIRE
AMENDED STAFF FINDINGS — FEBRUARY 13, 2006
1. -The property can not be put to reasonable use without the granting of the variances
requested. The OHW setback variance is the minimum possible given the unique
circumstances of the parcel essentially "fronting" two lakes. The lot area variance
responds to this "reasonable use" Finding only due to the existence of a habitable
dwelling and functioning private wastewater treatment system on this parcel. This
Finding would not be applicable were this non -conforming vacant parcel of similar
parcel area non -conformity.
2. The variances requested result from circumstances unique to this property platted
prior to the adoption of Shoreland Regulations by the City resulting in OHW
setback applicable from two lake frontages, and an existing home/functioning
private wastewater treatment system constructed prior to current zoning
ordinance/City Code lot area and septic treatment standards; and, the
circumstances of the variance were not solely created by the applicant.
3. Granting of the variance will not change the essential character of the
neighborhood. Significant mature trees on the parcel will effectively mitigate the
visual impact of increased structure mass of the new house.
LAKE ELMO PLANNING COMMISSION
STAFF REPORT
Date: February 8, 2006 for the Meeting of February 13, 2006
Applicant: Kevin & Gina Haire
Location: 8160 Hill Trail
Requested Action: Shoreland Overlay District Variances
Land Use Plan Guiding: SRD
Existing Zoning: R-1 (Subject to Shoreland Overlay)
Site History and Existing Conditions:
The Washington County.Assessor records reveal that this 34,700 square foot parcel contains a
1,267 square foot split entry house (1,056 square foot print) constructed in 1930. City records for
this parcel date back to 1971 and reveal only the customary septic and HVAC upgrades expected
with a house of this age.
The site slopes gradually east (Lake Demontreville) and west (Hill Trail and Olson Lake) from a
high point of 940 at the north center of the parcel to 931 at Hill Trail, 933 at the south property
line, and 930 at Lake Demontreville. The existing house is situated approximately 37 feet from the
Lake Demontreville OHW; and the septic drain field (single site 201) is well outside the 75 foot
septic setback on the north extremity of the parcel. There is a detached storage shed, but no garage
on the site.
Discussion and Analysis:
The applicant proposes to raze the existing residence and construct a new residence reported to be
designed as 4,239 square feet with a 3,742 square foot footprint (including attached 2 car garage).
An existing 70 square foot storage shed is proposed to be retained on the site. While the proposed
total site coverage percentage (including drive) will exceed one Shoreland maximum (15%), the
total impervious square feet will remain less than the other (6,000 square feet) maximum. The
ordinance specifies the greater of the two standards as applicable. Therefore, though extensive, the
proposed impervious does comply with the Shoreland standards, but little more impervious can be
added on the site in the future.
The new house is proposed to be located a minimum of 52 feet from the OHW — set back 15 feet
further than the existing house, but still well within the 100 foot OHW set back. The proposed
location would place the house at or behind a line drawn between the houses north and south and
parallel to the OHW; and, (as noted by the applicant) the proposed location would also retain
several mature Oak trees within the OHW set back.
The applicant's variance request is similar in circumstances and claimed hardship to several
variances approved by the City in recent years where mid-20`h Century lakeside houses/cabins
originally constructed prior to Shoreland standards are proposed to be brought up to 21" Century
standards resulting in conflict with those standards.. In some cases these have been garage
additions and some cases they have been home additions.
In this case a completely new house and garage are proposed., thereby creating a zoning issue
regarding construction on a non -conforming (by area) lot. As noted above, the subject parcel is
made up of several "shotgun" -lots is reported to be 34,700 square in area. The required lot area in
the R-1 zone (and Shoreland Overlay R-1) is 1.5 acres — 65,340 square feet, but as a "parcel of
record" prior to 1980, the parcel would qualify for a dwelling if it were at least 1 acre (43,560
square feet). The subject parcel fails to meet either standard, and a variance for lot area would be
required to permit construction of a new house once the existing house (and legal non -conformity)
is removed.
This lot area variance proposal could become far more of an issue for the City than the OHW set
back variances we process on a regular basis in these neighborhoods that pre-exist the Shoreland
standards. Within the R-1 zoned areas of the City, including the Tri-Lakes, Old Village and other
neighborhood in the western half of the City there are numerous parcels of record that are not
legally buildable as now vacant. There are numerous other non -conforming parcels that would
become candidates for tear downs and new houses using a variance in this case as a precedent. By
the approval of this application to build a totally new house on a legally sub -standard parcel — by
any measure, Shoreland or R-1 — the City will be essentially re -writing the zoning ordinance. The
Commission and City Council should address this proposal with "eyes open" as to the precedent
consequences. While there is on -going discussion of a Neighborhood Conservation zoning district
that may address this non -conformity issue, that discussion remains months away from
conclusions and new code. This variance (lot area) is not an appropriate way to short circuit the
new zoning ordinance.
In each of the prior similar cases the City addressed a Finding as to whether the applicant's
proposed improvements/expansion constituted a "reasonable use".of the site given contemporary
housing design/features and the scale of the resulting structures in relation to other contemporary
structures on the subject lakefront and/or neighborhood. In some cases the City required
modifications to applicant plans to reduce scale and/or mitigate lakefront impact of the expansion.
In at least one recent case the City denied the variance based on scale,. and the Court upheld the
City's decision at subsequent litigation by the applicant.
As staff has done with recent OHW variance proposals, we have reviewed Washington County
records regarding the scale/lake impact of existing homes that are in close proximity to the subject.
In this case we have surveyed the existing homes 4 parcels north (one parcel is a vacant 20,000
square foot lot) and 3 parcels south. The north parcels (including the Frazzone parcel, for which an
OHW set back variance was recently approved) present structure foot prints (including the
approved additions in the Frazzone case) ranging from 830 square feet to 3,000 square feet and
finished areas of 830 square feet to 3,400 square feet. The south neighboring parcels range 948
square feet to 1,288 square feet of foot print and 2,686 to 3,592 square feet of finished area. As
noted above, the applicant's proposal is for 3,742 square feet of structure coverage and 4,239
square feet "finished" — in both cases larger than neighboring properties.
In previous cases where significant increases in house scale (and resulting out of proportion house
scale compared to neighboring properties) have been proposed one mitigating factor has been the
extent and scale of forestry between the proposed house and the lake. In this case the applicant
has demonstrated a significant growth of mature trees that would be saved that would work to
mitigate the impact of the larger structure as viewed from the lake.
Minnesota DNR and the Valley Branch Watershed have been asked to comment on the
application. Valley Branch has responded by a letter of February 1 with no objections to the
variances, but with several recommendations regarding erosion control and run-off mitigation. No
response has been received from DNR as of this writing.
Findings and Recommendations:
The requested variance regarding OHW setback appears to respond favorably to the required
variance findings — if structure scale is considered to be mitigated by the existing forestry on the
site. A reduction in the degree of OHW encroachment represented by the proposed structure from
that existing with the house to be razed along with conformity with the averaged setbacks of the
adjoining structures appears to support OHW setback variance approval. Moving the structure
further west on the site by as little as 10 feet will place it in the OHW setback of Olson Lake to the
west — a unique physical circumstance.
The concern of staff regarding this application goes to the construction of a new residence on a
parcel clearly non -conforming by area — the second variance. The City-wide ramifications of
approval of this variance will be significant without Findings that are carefully structured to
overcome precedent that would undermine the zoning ordinance. Staff continues to work with the
City Attorney toward properly worded findings regarding the parcel area variance. We are
publishing this staff report pending those findings to enable timely completion of the February 13
Commission packet.
With respect to the OHW setback variance only, we suggest the following findings:
1. The property can not be put to reasonable use without the granting of the variance
requested. The variance is the minimum possible given the unique circumstances of the
parcel essentially "fronting" two lakes.
2. The variance requested results from circumstances unique to this property platted prior to
the adoption of Shoreland Regulations by the City resulting in OHW setback applicable
from two lake frontages; and, the circumstances of the variance were not solely created by
the applicant.
3. Granting of the variance will not change the essential character of the neighborhood.
We therefore recommend approval of the OHW setback variance only (at this time) upon the
following conditions:
1. Compliance with the Valley Branch Watershed District recommendations regarding silt
fence erosion control and installation of rain gutters directed away from Lake
Demontreville.
2. Compliance with any recommendations of the City Forester regarding protection of the
existing forestry on the site during construction
Staff will report to the Commission on February 13 regarding recommendations and findings
regarding the non -conforming lot area variance.
Planning Commission Actions Requested:
Motions for recommendation to the City Council regarding the OHW setback and non -conforming
lot area variances requested to enable construction of a new residence at 8160 Hill Trail North
based on the findings presented and conditions recommended by City Staff per plans staff -dated
February 9, 2006. _
r(jo
-
Chislk_Ditlu5rud, City Planner
Attachments:
1. Location Map
2. Valley Branch Letter of February 1, 2006
3. Applicant's Documentation and Graphics
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February 1, 2006
Mr. Chuck Dillerud
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
Re: 8160 Hill Trail North, Lake Elmo
Dear Mr. Dillerud:
Thank you for submitting the request for a variance from the Ordinary High Water level setback from
Lake DeMontreville at 8160 Hill Trail North. The project appears to involve tearing down the
existing home and constructing a new home, driveway, and septic system.
Based on the information that was submitted, it appears that a Valley Branch Watershed District permit is
not required for the work. It appears that less than 6,000 square feet of new impervious surfaces will be
created, less than an acre of land will be disturbed, and no work will occur below the 100-year flood level
of Lake DeMontreville (Elevation 931.5).
The proposed lowest floor is noted on the plans as Elevation 934.0, which is more than two feet above the
100-year flood level of Lake DeMontreville and in conformance to the Valley Branch Watershed District
rules.
The plans show silt fence around the perimeter of the area to be disturbed. While this perimeter fencing
will define the construction limits, silt fence should try to follow the ground contours so that runoff
doesn't flow next to the fence to a low point and then break through or undermine the silt fence. To
prevent this type of erosion control failure, the silt fence on the lake side should be installed to better
follow the contours or an additional row of silt fence that follows the contours should be installed.
Temporary rock checks or bio-rolls might need to be installed at the areas of concentrated flow to prevent
sediment from Ieaving the site. All erosion controls should be installed prior to any earthwork activities,
and the site should be re -vegetated as soon as possible. The silt fence should not be removed until the site
is re -vegetated.
If possible, gutters should be installed.on the house to direct all roof runoff to the front of the lot. A
rainwater garden could be constructed at the southwest corner of the site by expanding the existing low
area and planting vegetation that will encourage infiltration.
If you have any questions, please contact me at 952-832-2622.
Sincerely,
Jokn P. Hanson, P.E.
BARR ENGINEERING COMPANY
Engineers for the District
c: David Bucheck, VBWD Vice President (via e-mail)
Gena Haire, property owner
LINCOLN FETCHER DAVID BUCHECK DONALD SCHEEL DALE BORASH DUANEJOHNSON
VALLEY BRANCH WATERSHED DISTRICT Wa xbwd.org
P.O. BOX 838 LAKE ELMO, MINNESOTA 55042-0538
Merit Custom Homes, Inc.
21471 Ulysses Street NE, 42
East Bethel, MN 55011
(763)434-1500
(763) 434-6416 fax
January 26, 2006
Planning Commission
City of Lake Elmo
-
3800 Laverne Avenue N
Lake Elmo, MN 55042
Re: Variance at 8160 Hill Trail N
Dear Planning Commission:
Merit Custom Homes, Inc. (builder) is requesting a variance for the property at 8160 Hill
Trail N for the following reasons:
Setback requirement from the normal high water level on Lake Demontreville is 100 feet,
we are asking for a variance of 52 feet. Our proposed location for the new structure is 48
feet. The existing structure on the property is currently 37 feet from the normal high
water level. We will be moving the new structure back an additional 11 feet from where
the existing home sits, and the patio shown extending off the great room towards the lake
will be moved to the south side, off the master bedroom.
By moving the future structure back and jogging the lake side of the home back away
from the shoreline we preserve numerous mature oak trees and do not disturb any of the
shoreline vegetation or the view from the lake towards the new home.
There are two hardships associated with this property:
1. There is Black Mold Infestation of the existing foundation. (see enclosed photos)
Due to the severity of the infestation and the expense to clean up with no guarantees that
the mold will not return, the fee owner has decided not to use the existing foundation for
the remodel that they had initially designed fort his property.
City of Lake Elmo
Page 2
2. The limitation to move the structure back towards the road because of the area
required for the future septic system.
Merit Custom Homes has been contracted to build/remodel and represent the Haire
family for this project, which includes variance submittals and meetings. The Harre
family has redesigned the home several times in order to abide by the rules of setback and
also the preservation of the lake views, from the lake and also to the lake.
Merit Custom Homes has had preliminary conversations with Travis Germundson for the
Minnesota DNR and John Hanson from the watershed district. They have also been sent
pictures of the site and sketch plans of the location of the new house. Both had favorable
comments about the site and what was planned for the improvement. Neither of them has
seen the current survey which was submitted with this application.
In reference to the existing septic, it is currently in compliance for a three bedroom home
and will be used for the new structure, which will also be a three bedroom home. The
septic compliance and design was done by Barry Brown. As you can see on the survey
the future septic locations is next to the existing septic. Soil borings for the future septic
were done on the south side of the driveway and the mottled soils were too high in
elevation to support a future septic system in that location.
Merit Custom Homes, Inc.
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President
enclosures
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Kimberly Schaffel
From: Travis Germundson[travis.germundson@dnr.state.mn.us]
Sent: Friday, February 10, 2006 11:51 AM
To: Kimberly Sehaffel
Subject: 8160 Hill Trail N
It appears to be a reasonable request. One consideration would be to require additional
screening particularly from Olson Lake, as compensation for the increase in the building
footprint and impervious surface coverage.
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East Bethel, MN 55011
Office: (763)434-1500 Fax:.(763)434-6416
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Mar-H. 2006 11:27AM No.20H P. 2
March 29, 2006
City Council Members
City of Lake Elmo
3800 Leverne Avenue N
Lake Elmo, MN 55042
Re: 8160 Hill Trail N
Dear City Council Members:
We are respectfully coming to you with this statement to make you aware of the
substantial amount of time, concern and effort that took place during the design phase of
this home and to correct false information from the prior meeting
After several visits, by both the property owner and builder, to the Lake Elmo
Planning office and listening to their concerns about the lot and its uniqueness we also
sought out several experts to address concerns that were brought up. At the city level we
had a number of discussions with Jim McNamara and Chuck Dillerud. The plan was
originally designed to sit partially on the existing foundation and we were advised to
design the home to step back further away from the OHW-, This seemed to be the
foremost variance requirement. As the black mold in the basement, room for septic and
lot coverage became concerns we addressed these by moving the placement of the house
altogether, requiring the additional variance that is before you.
Another design consideration was the height of the xoot]ine. We purposefully
designed a modified story -and -a -half to keep the home smaller, In fact the height of the
home should be quite similar to the current home and it will appear to be shorter than the
homes next to us, as they are both on hills and we are sandwiched in a small valley. We
have pictures of the surrounding homes from the take side and you will see a number that
are three stories tall and considerably larger and that our plan does indeed At into the
neighborhood. At the planning and zoning committee meeting we were even advised as
to a color scheme that gives the appearance of blending in and down playing the home, a
point that was duly noted and was already a part of our design. We also identified your
council concern about the cold storage area on the north end of the house and are
eliminating the access from the interior of the home.
Unlike the surrounding homes we are not on a bill and are unable to build a home
with a walk out basement, 'Therefore what is normally found in a basement (i.e. storage,
utilities, and family/game rooms, etc.) are placed either on the main living area or on an
upper level of this home,
The DNR and Water Shed District were contacted and this home is well within
their rules and guideknes for lot coverage. They were pleased to hear our plans
included moving away from the lake, maintaining the shore line as well as preserving the
mature oak trees that would naturally block the back side of the home from those who are
enjoying the lake. In addition they recommended gutters and a rain garden to better
Mar-30, 2006 11:27AM
No-2039 P. 3
control water run-off from the home and not into the lake which we are happy to comply
with and welcome any other suggestion to better maintain the area.
We have also been working with a professional septic designer and the city to
plan a septic system that is not only adequate for the current needs of the proposed home,
but would also insure the sufficient space for a future site if that became necessary.
Incorrect information was given out at the firs! meeting on this very important point
We have lived on a lake or a river for the past twelve years and are avid outdoor
people. We desire to do everything within our ability to ensure that these lakes are kept
healthy and understated that if it is not done correctly now it will only cost us more to take
care of in the future.
We have owned this property for almost a year, During that time we have had the
opportunity to meet several of the neighbors, including those who are adjacent to our
property (one of which attended the Planning and Zoning meeting) and those who live in
the cul-de-sac, Tleus far our only neighbor to have any objection to our current plan is
our mayor, W. 3ohnstou whose own home is a pad of the photo package. As you may
well know this is a small dead-end road that most property owners to the north generally
don't venture down and believe the greatest concern would be from those nine homes to
our south and the home directly to the north, 'There are a number of other homes around
the lake we feel are also comparable to this home.
Since sheds and "barn like garage structures" are discouraged and there is a city
ordinance regarding boats parked in front yards, we carefully designed an unobtrusive
three stall tuck -under garage and additional storage into the home, This space is needed
to be able to park our vehicles inside and to have room for boats, yard equipment and
other miscellaneous lake home and recreational equipment. To be in compliance with the
current city ordinance is very important to us, as well as our neighborhood.
Because of the impervious requirement to be under 6,000 sq. ft., we have made
our hard surface driveway considerable smaller that we desire, but again we want to meet
the requirements of the city ordinance.
Over all we are greatly improving the property which will be of benefit to the
surrounding neighborhood via the natural aesthetics of our property and the compliance
to the city ordinances, but financially as well.
Sincere ,
in & Gena Haire
Lake Elmo
Agenda Section: Planning, Land Use and Zoning
No. 9C
City Council
April 4, 2006
Agenda Item: CDBG Project Update — Cimarron Gas Line Replacement
Background Information for April 4, 2006:
Mayor Johnston has requested an update to the City Council on the subject project. The Council will recall
that the City mailed a Request for Proposals to do the work to about 10 plumbing firms in 2005. We
received a single written proposal at fixed per unit pricing that was rejected by Washington County as both
too high and non -responsive to the RFP. The City was advised to reject the proposal and pinpoint the
specific Cimarron units that the bidders were to address with their proposals. It was decided that the best
way to do that was to solicit applications for CDBG grant assistance from the unit owners, and then focus a
new RFP on just those units where we have owners qualified for assistance.
The City hired (with CDBG funds) an independent consultant to interview and qualify to approximately 50
Cimarron applicants for grant assistance during the latter part of 2005 and early 2006. Each applicant was
interviewed, asked to provide certain personal financial information and then determined to be qualified
under very specific HUD rules as eligible as a Low/Mod income household. Of the initial group of about 50
applicants our consultant finally certified 44 as eligible for assistance.
Upon staff being notified by our consultant which specific Cimarron units qualified for grant assistance
(early 2006), a new Request for Proposals was prepared and sent to 15 plumbing firms — from a list of
qualified firms provided by the Lake Elmo Building Official. As Washington County advised, this RFP
made reference to Davis Bacon wage rules and the HUD paperwork entailed in the process. With that
information added to the RFP, plus a list of specific units on which proposals for gas line replacement were
contemplated the new (2006), RFP went out on February 5, with written proposals due March 10. No
written proposals were submitted. One firm contacted the Building Official for more information, but
passed on bidding.
(CDBG — Continued on Page 2)
PersonfeRponsible:
Action items:
None
sty P "r��ier
required
Attachments:
Time Allocated:
1. Cimarron RFP - 2006
(CDBG — Continued from Page 1)
At some point between the initial Washington County concurrence with the 2006 RFP
content and format, and the March 10 due date for written return proposals from vendors,
Washington County CDBG staff decided that the RFP process we had used in 2005 and
again in 2006 would possibly not comply with HUD contracting rules. The County had
recently hired both additional CDBG staff and a consultant to assist with the maize of
HUD rules. The City was advised within the past two weeks that we will be required to
use the formal HUD -specified formal bidding procedure when we try again to get
vendors interested in the Cimarron project.
The process we must now follow per the County CDBG staff requires publication of the
Notice to Bidders 2 weeks in a row, and then a bid opening not less than 10 days
thereafter. As of March 28 were advised by the County CDBG consultant that HUD
rules were again being modified and that she needs to get a new Davis Bacon Wage
determination before we can start over with the vendor solicitation. In retrospect it is
probably just as well that we received no proposals in response to our 2006 RFP. We
probably would have had to start over (again) anyway. We expect to start over in the next
week or two — pending the Wage Determination from the County.
There has been no indication from the County CDBG staff that there is any issue with
timing of grant funds expenditures — yet. By Fall that may be an issue.
Request for Proposal
REPLACEMENT OF NATRUAL GAS SERVICE LINES
Cimarron Manufactured Housing Neighborhood
Lake Elmo, Minnesota
Overview
This document solicits proposals from qualified natural gas service installation contractors to
undertake a City -funded project to replace deteriorating natural gas services from meter to
appliances on 44 manufactured housing units located in the Cimarron Manufactured Housing
Neighborhood in Lake Elmo. All work shall be completed by June 30, 2006. This project is funded
from Federal CDBG Grant funds. Therefore, Davis Bacon Wage Scales must be paid. The City
will undertake all other Federal fiscal and reporting requirements.
Background
In 2003 the City contracted a visual inspection of the natural gas service connections of the 200
oldest manufactured housing units in the Cimarron — many of which are nearly 40 years old. The
outcomes of that inspection project revealed circumstances of improper installation, improper
alterations to the services and physical deterioration of service piping, unions and valves.
The City has determined that the gas service problems observed may constitute a potential threat
to public safety, and replacement of those appurtenances is therefore in the Public interest. The
City has also determined that many of the Cimarron manufactured housing owners with observed
gas service line concerns do not have the personal financial resources available to expediently
replace the natural gas services within their homes.
rminations by
Responding
have been reserved to provide City financial assistance t Oqua05 lifying Cimarroity n homeowners
owne st
for the purpose of the necessary natural gas service line replacement. Those funds will be
available to pay for the contractor's replacement services/materials where the property owner can
not do so.
Description of Tasks
In development of the proposal, the contractor should assume that the following tasks will be
performed for 44 manufactured housing units in Cimarron, as specified by the City:
• Preparation by the contractor of a complete Work Order for each manufactured housing
unit which details the replacement tasks/materials deemed to be required, and the
contractor's labor/materials quote and schedule to complete the required replacements.
• The contractor shall secure City permits for each unit on which gas service replacement
work will be conducted. The City will waive all permit fees, but permits must be secured
before work commences.
Completion by the contractor of all work specified by the Work Order as approved in
advance by the City.
Contractor Qualification
All contractors responding to this solicitation shall be licensed by the State as Plumber/Gas Fitter.
Evidence of licensure must be attached to all proposals submitted responsive to this certification.
Proposal Content
The contractor shall provide proposed flat rate charges for the work to be performed on the
specified units. Potential respondents to this RFP may secure the addresses of the 44 units from
the City by written request. It is anticipated that multiple rates will be required to address varying
per unit gas service line lengths to be replaced, and varying per unit numbers of appliances
served with natural gas unit -by -unit.
The contractor should provide a proposed schedule for completion of gas service work to the 44
specified units; the man hours estimated to complete the project; and, the number of contractor's
licensed personnel that will be assigned to this project.
Contractor Selection
One or more contractors will be selected by the City to complete the project. Selection of the
contractor(s) will be based upon the sum of the following criteria:
1. Contractor's understanding of the tasks proposed above as reflected in the contractor's
written proposal.
2. Contractor's experience with similar work, particularly with manufactured housing.
3. Contractor's proposed charges per unit to complete the required work.
4. Contractor's schedule for completion of the work.
We would sincerely appreciate your indication of interest in this contract by advising the City of
your interest by Email at Jim.McNamara@LakeElmo.org, or by FAX at 651-777-5510 by
February 15, 2006. The schedule for this RFP process is:
1. Request for Proposal will be mailed by the City of Lake Elmo to prospective consultants
by February 5, 2006;
2. Contractors submit written proposals by — March10, 2006
3. Lake Elmo Building Inspector will Certify Qualified Contractors by — March 17, 2006
4. Notice of Selection and Contract Offer(s) — April 14, 2006
Thank you for your interest in providing contract services to the City of Lake Elmo on this
important project. Please direct any questions you may have regarding this solicitation to Jim
McNamara, Lake Elmo Building Official at 661-777-5510.
Charles E. Dillerud
City Planner/Assistant City Administrator