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Home My WebLink About10-01-85 CCMi LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 1985 Mayor Morgan called the meeting to order at 7:00 p.m. in the City Council chambers. Present: Armstrong, Dunn, Mazzara, Christ, Acting Administrator Banister, City Administrator Overby, City Engineer Bohrer and City Attorney Knaak. 1. Agenda M/S/P Dunn/Mazzarra - to approve the agenda for the October 1, 1985 City Council Meeting as amended. 6A. Legion Pond, 7D. Maintenance Employee. (Motion carried 5-0). 2. Minutes: September 10, 1985 Assessment Hearing September 17, 1985 City Council Meeting September 24, 1985 Budget Meeting M/S/P Christ//Mazzara - to approve the September 10, 1985 Assessment Hearing minutes as presented. (Motion carried 4-0-1<abstain: Morgan>). M/S/P Christ/Morgan - to approve the September 17, 1985 City Council minutes as amended. (Motion carried 5-0). M/S/P Armstrong/Morgan - to approve the September 24, 1985 Budget Meeting minutes as presented. (Motion carried 5-0). 3. Claims M/S/P Dunn/Armstrong - to approve claims 86521 thru 86565 as presented. (Motion carried 5-0). 4. Public Inquiries 5. City Engineer's Report A. Public Hearing for Tom Sweno for partial drainage easement vacation between lots 480 thru 482 and lots 655 thru 657 Lanes DeMontreville Country Club Addition. Mayor Morgan opened up the public hearing at 7:30 p.m. Mr. Sweno is requesting to vacate a portion of the drainage easement between lots 480 thru 482 and lots 655 thru 657 Lanes DeMontreville Country Club Addition. This request is being made to solve an error made by Lake Elmo Land Surveyors, Inc. when they surveyed and corner staked for house construction at 8076 Hill Trail North. Mr. Sweno is proposing to construct a retaining wall to keep this encroachment at a minimum which would be 3 1/2 feet from the right property line. See Page 5 for amendment. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 1985 Page 2 Carl Abrahamson, 8061 Hill Trail, presented his concern of the water runoff from his property through the culvert and keeping it open without any fill added to it because it is a drainage easement. City Engineer Bohrer explained that a legal descripton of that portion of the garage that encroaches is needed to draw up the vacation. M/S/P Christ/Morgan - to adopt Resoluion 85-37 to grant vacation of that part of the drainage easement upon which the garage is occupied for Tom Sweno at 8076 Hill Trail North . (Motion carried 5-0). M/S/P Morgan/Dunn - to grant a variance for a retaining wall to a maximum encroachment of 3 1/2-4 feet from the edge of the building in the drainage easment or what is acceptable to the engineer and if this variance creates a public drainage problem that the City has a right to come in and correct it at Mr. Sweno's expense or have Mr. Sweno correct it at his expense. (Motion carried 5-0). B. Review of garage to be moved onto the property at 4452 Lake Elmo Avenue. Applicants: Neil and Debbie Krueger Mr. and Mrs. Neil Kruger would like to move a 18' x 36' garage onto their property at 4452 Lake Elmo Avenue North. Due to the zoning two accessory structures are allowed and no variances are required. M/S/P Dunn/Mazzara - to grant a request to move a 18' x 36' garage onto the property :at 4452 Lake ELmo Avenue North for Mr. & Mrs. Neil Krueger. (Motion carried 5-0). C. Public Hearing for variance for the number of accessory structures in the Rl zone, and Shoreland Permit for Geraldine Hayes at 10917 32nd St. N. Pursuant to published notice the public hearing was opened at 8:28 p.m. Mrs. Hayes is proposing to construct a 22' x 24' garage and would like to keep the existing accessory structure which is 12' x 181. This accessory structure is 16 feet from 32nd Street and is in line with most of the garage and/or accessory structures on 32nd St. This property is in the 201 septic system improvement program and none of these improvments will affect this. The hardship is that the existing structure is too small for a normal garage and does not meet the requirements for improvement to a two -car garage. None of the existing garages along 32nd St. meet the setback from the road or the side yard setback. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 1985 Page 3 M/S/P Morgan/Armstrong - to grant a variance for Geraldine Hayes at 10917 32nd St. N. for construciton of a new 22' x 24' garage and to keep the existing 12' x 18' accessory structure. (Motion carried 5-0). D. Rezoning from RR to R1 approximately 18 acres of land legally described as part of Government Lot 2 in Section 10. Applicant: Raymond Mester Mr. Mester proposes to rezone 18 acres of land located north of Dawcin Acres and east of Teal Pass Estates. The land is currently zoned RR and it is requested to be rezoned R-1. The proposed rezoning to R-1 would be consistent with the Comprehensive Plan which lists this area as "Residential" on the Future Land Use Management Plan. According to the Washington County Soil Survey, all of the soils should be suitable for septic systems except the very west edge, which is an eroded, steep slope. M/S/P Morgan/Dunn - to recommend tabling this rezoning application for two weeks to allow a longer time for consideration. (Motion carried 5-0). E. Continuation of request for.rezoning from RR to R1 approximately 21.5 acres of land legally described as part of Government Lot 3, Section 24. Applicant: Gene Peltier Mr. Peltier proposes to rezone approximately 21.5 acres of land located west of Eden Park Addition. The proposed rezoning to R-1 would be consistent with the Comprehensive Plan. M/S/P Morgan/Mazzara - to adopt Ordinance 07974 rezoning from RR to R-1 for approximately 21.5 acres of land legally described as part of Government Lot 3, Section 24. (Notion carried 5-0). 6. City Council Reports A. Legion Pond Councilman Mazzara reported that he met with Valley Branch Watershed District at its September 13th meeting with the Council's request to consider an engineering study consisting of a test pumping experiment. This -experiment would pump approximately 40 to 60 acre feet of water from Legion Pond into Lake Elmo. VBWD responded negatively to this request because they feel that adding additional water to the system, which would ultimately end up in West Lakeland. Township would further compound the problems already existing throughout the watershed district. The City suggested as a trade off to hold 40 to 60 acre feet of water at Eagle Point Lake, but VBWD noted last years problems wth Eagle Point and felt the City could not guarantee that it could hold back as much water as it would like to. VBWD further suggested that before a project affecting the residents downstream was LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 1985 Page 4 initiated, hearings should be held to receive input from these residents. There were people at this meeting from Legion Pond, and they expressed that they did not want to send their problem to anyone down stream, but would like to do the study and see if the water would come back up again. Councilman Dunn brought up a district court decision that said it is unconstitutional to assess contributing properties for these watershed projects. On that basis he wants to know who is going to pay for this and where the City would legally stand. 7. City Administrator's Report A. 1986 Budget Resolution Since there has been no changes in the Budget that had been discussed at the Budget Meeting on September 24, 1985, the 1986 Budget was approved. M/S/P Christ/Mazzara - to adopt Resolution 85-35 adopting the Budget- for 1986 and levying taxes for 1986. (Motion carried 5-0). B. Set wage for Gate Keeper at the Composting Site Dave Olson on behalf of Boy Scout Troop 162 expressed interest in assisting the public in the disposal of leaves and grass clippings at the composting site to be located near the Public Works Garage off of Jamaca Ave. The site will open on Saturday, October 19 and run Saturday and Sunday 8:30-4:30 and Wednesday from 12:00-4:30 for five consecutive weekends. The first compost will be ready in 18 months or the Spring of 1987 and will start off being free. Dave Olson has checked with the Scout office and said they don't need insurance. Olson will have to get a disclaimer signed by every scouts parents. A memo of understanding will be written up by Dave Olson. The scout troop will be paid $575 by Washington County for their efforts in assisting with this program. M/S/P Dunn/Christ - to contract gatekeeping at the compost site $575. (Motion carried 5-0). with the Boy Scout Troop 162 for for the fall season of 1985 for C. Correct spelling of "Jamaca" Avenue Street Signs. Several residents have brought this to our attention that Jamaca should have been spelled Jamaica, and it appears that this error was made throughout Washington County. This has been changed in Cottage Grove, but not throughout Washington County. Nels Nelson would like it to remain "Jamaca" because that is how it is spelled on the maps for the Watershed. The street names were a program of the Metropolitan Council. The consensus of the City Council was to leave it "Jamaca" until a petition should come in requesting to change the spelling. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 1985 Page 5 D. Maintenance Employee Acting Administrator Banister brought to the attention of the City Council that the Maintenance Light Equipment Operator has used up all his eleven sick days and vacation time. Maintenance Foreman Olinger has reported that this employee has been routinely sick at the first of the month and this has been going on for the six years he has been employed. Councilman Mazzara suggested that a letter be written defining the problem, explain the City's position and some type of resolution and the end result if not resolved. City Attorney Knaak confirmed that it is best if it is documented and not done verbally. City Administrator Overby will talk to Olinger and monitor this problem for 30 to 60 days and if it doesn't change this will be brought back to the City Council's attention. M/S/P Morgan/Armstrong - to adjourn the City council meeting at 9:03 p.m. (Motion carried 5-0). Resolution 85-35 - adopting the budget for 1986 and levying taxes for 1986. Resolution 85-37 - grant vacation of that part of the drainage easement upon which the garage is occupied for Tom Sweno at 8076 Hill Trail North. ------------- Amended 10-15-85 City Engineer Bohrer advised that the drainage would not be impeded for the rest of the neighborhood. Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL OCTOBER 1, 1985 ##################################################################### REMINDER: JACK HODGSON, PROGRAM DIRECTOR OF THE BEEMAN HOUSE INVITED THE CITY COUNCIL TO TOUR THE HOME AT 6:30 P.M. PRIOR TO THE OCTOBER 1 COUNCIL MEETING. ##################################################################### 7:00 p.m. Meetings Convenes 1. Agenda 2. Minutes: September 10, 1985 Assessment Hearing September 17, City Council Meeting September 24, Budget Meeting 3. Claims 4. Public Inquiries 5. City Engineer's Report 7:30 P.M. A. Public Hearing for Tom Sweeno for partial drainage easement vacation between lots 480 thru 482 and lots 655 thru 657 Lanes DeMontreville Country Club Addition. B. Review of garage to be moved onto the property at 4452 Lake Elmo Avenue. Applicants: Neil and Debbie Krueger 8:00 p.m. C. Public Hearing for variance for the number o accessory structures in the Rl:zone, and Shoreland Permit for Geraldine Hayes at 10917 32nd St. N. D. Rezoning from RR to Rl approximately 18 acres of land legally described as part of Government Lot 2 in Section 10. Applicant: Raymond Mester (OVER) E. Continuation of request for rezoning from RR to R1 approximately 21.5 acres of land legally described as part of Government Lot 3, Section 24. Applicant: Gene Peltier F. Other 6. City Council Reports ------ BREAK ------------------------- 7. City Administrator's Report A. 1986 Budget Resolution B. Set wage for Gate Keeper at the Composting Site. C. Correct spelling of "Jamaca" Avenue Street Signs. D. Other