HomeMy WebLinkAbout12-03-85 CCM1 LAKE ELMO CITY COUNCIL MINUTES
DECEMBER 3, 1985
Mayor Morgan called the City Council meeting to order at 7:04 p.m.
in the City Council Chambers. Present: Armstrong, Dunn, Mazzara,
Christ, City Administrator Overby, City Engineer Bohrer and City
Attorney Knaak.
1. Agenda
7A. Alford Update, 8E1. Park Shelter Workers, E2. League of Cities
Directory, E3. Railroad Auto Unloading Facility Proposed in
Oakdale, E4. Baytown Township.
M/,S/P Dunn/Morgan - to approve the agenda for the December 3, 1985
City Council Meeting as amended. (Motion carried 5-0).
2. Minutes - November 19, 1985
M/S/P Armstrong/Dunn - to approve the November 19, 1985 City
Council Minutes as presented. (Motion carried 5-0).
3. Claims
M/S/P Armstrong/Dunn - to approve claims 86718 thru 86790 as
presented. (Motion carried 5-0).
4. Public Inquiries
5. PLANNING AND LAND USE
A. Hammes Mining CUP - Code Enforcement
There was a meeting between Hammes Mining, the City Administrator,
City Attorney and the Building Official on November 14, 1985
regarding concerns the City had with violations existing on the
Hammes property. A letter dated November 18, 1985 from City
Administrator Overby and Building Inspector McNamara to Hammes
Mining outlined the violations and a proposed time table for these
violations to be corrected by March 1, 1986.
Mazzara suggested sticking to the date of March 1, 1986 and to
expect reasonable progress until that time.
City Attorney Knaak stated that March 1, 1986 was a concession
date on the City's part. Knaak expressed that the response
received from William Hammes was unsatisfactory based on the
conversation of the November 14, 1985 meeting. Knaak requests
that he and City Administrator Overby be permitted to pursue this
and continue this discussion with the Hammes'.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 2
Morgan advised it should be made clear to the Hammes' that the
City expects reasonable progress on these violations with the
deadline date being March 1, 1986. If not, they will recommend to
withold issuance of the Hammes 1986 Conditional Use Permit for its
mining operation until the code violations existing on the Hammes'
property are corrected.
Mayor Morgan stated that the discharge of firearms and the
operation of ORV's by non -property owners are both activities that
shall cease immediately.
M/S/P Morgan/Mazzara - to authorize the City Administrator and
City Attorney to pursue this matter as the response from William
Hammes has not been satisfactory and recommend withholding
issuance of the Hammes 1986 Conditional Use Permit for its mining
operation until the code violations existing on the Hammes
property are corrected. (Motion carried 5-0).
City Administrator Overby stated that the family has expressed
intentions toward setting up an off -the road vehicle facility in
1986.
B. Public Hearing - Request for Variance- Dean Johnston
Pursuant to published notice, Mayor Morgan opened up the public
hearing at 7:40 p.m. in the City Council Chambers.
The purpose of this public hearing is to consider a request for a
variance by Dean Johnston at 8200 Hill Trail N. The variance
would allow a parking area that would be closer to the neighbor's
property line than the code allows.
Tom Radio, Dean Johnston's attorney, referred to a letter writen
by himself to the Mayor and City Council dated November 27, 1985
regarding this variance application. In this letter, Mr. Radio
has advised Mr. & Mrs. Johnston that a variance is not required
for their continued parking of an automobile on their north
driveway based upon the following opinions:
1. The Johnstons are entitled under the nonconforming
use status of the property to continue their prior
parking activity;
2. The Development Agreement, dated October 7, 1982,
granted all necessary variances for the use of the
property; and
3. Their current parking activity complies with the
Lake Elmo Municipal Code.
Radio - The key test for a variance application is hardship. The
hardship in this case is being able to back out of their driveway
in a safe fashion both for themselves and the neighbors. The
Johnston's have three vehicles, two of whch are parked in their
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 3
double -stalled garage. A third vehicle which they would like to
park in the northern area is currently parked in the driveway area
they would normally use to turn their vehicles around to get back
onto the street.
Radio - The code sets forth six variables to Judge a hardship.
One condition is geography which is a condition unique throughout
this property and not created by the applicant. There is a hill
where the driveway has to go over and has a very narrow lot where
it enters into the street. There is a drainfield for the septic
system upon which they cannot drive or park their vehicles which
is set forth in the Developer's Agreement. Pictures were given to
the City Council to show what a physical feat it is to back out of
Johnston's driveway in the winter.
Radio stated that all of the other neighbors have quite extensive
parking and driveway areas and four out of the five neighbors
would need a variance if they were to be constructed today. In
essence, they are all non -conforming uses like the Johnston's and
because of that they do not have to comply with the driveway and
Parking restrictions. Pictures were presented showing the large
Paved driveways and parking areas of the neighbors. It was noted
that the code states that the maximum width of a driveway at
street entrance is 24 feet.
Radio advised that Dean Johnston is looking for a fair shake and
is willing to work with the City on this matter. There is a way
to eliminate one variance to the code which requires a 5 foot
parking setback. They would work within the 5 foot setback on the
top of the hill for parking purposes to meet this code provision
and the only variance required is the 5 foot driveway to the
parking area.
Paul Wolff, Attorney for Mr. & Mrs. Dave Bonestroo, presented a
letter written by him to the Council and a petition with
signatures in support of denying the variance application for a
second driveway within the 5 feet of the property line at the
Johnston property.
Wolff - We do not accept in any manner, way, shape or form a
pre-existing legal non -conforming use for a number of reasons.
Although your code was adopted in 1979, the zoning ordinance which
was contained in that codification was in effect since 1974. Any
argument that a pre-existing non -conforming use would be
grandfathered into that ordinance requires that it be in existence
prior to 1974 and continued without interruption. The question of
occasional parking of a motor vehicle in the grass of an
undeveloped lot while the owners are there for an occasional visit
cannot be considered a pre-existing non -conforming use.
Wolff advised that the Developer's Agreement indicates that all
necessary variances were granted. It doesn't say that all
Possible or endless variances of any kind were granted. There
were no variances granted for an off-street parking area.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 4
Wolff - In respect to conformance with the code regarding motor
vehicles, this request does not comply with the 5 foot setback to
the driveways and the 10 foot setback for off-street parking. The
argument that it would be somehow exempt from those regulations
because it is immediately adjacent to another parking area on the
adjacent property doesn't pass either. Bonestroos have only a
driveway for access to the garage. They do not have an off-street
parking area within the meaning of the code.
According to our code, hardship means the proposed use of the
property and associated structures in question cannot be
established under the conditions allowed by this Ordinance or its
amendments and no other reasonable alternative use exists.
However, the plight of the landowner must be due to physical
conditions unique to the land, structure, or buildings in the same
zoning district; these unique conditions of the site cannot be
caused or accepted by the landowner after the effective date of
this Ordinance or its amendments. This applies to development and
using this property for reasonable purposes. It doesn't mean that
any request to use this property for something that may be
permitted as an accessory use in a residential zone is a
reasonable use and the City has to consider a way to "shoehorn" it
in there.
This is a residential site, and it was deficient in the first
Place because the City had to grant a number of variances. These
applicants designed and accepted this lot and the construction was
based on these constraints. They have reasonable use of their
land, for a house, garage, driveway, and yard space which is all
they are entitled to. There is no hardship preventing them from
reasonable use of this land. Because of the fact that it was
overdeveloped, the size of the house, garage, driveway size and
location of the septic system means there is no place for on -site
parking within the required setback ordinance does not constitute
a hardship. There was nothing in the Developer's Agreement to
indicate that they were going to get a variance for off -site
parking.
City Administrator Overby gave the City Council a letter written
by Ben Klass, 8190 Hill Trail No., in support of denying the
requested variance by Dean Johnston.
City Engineer Bohrer stated he recalled reviewing the site plan as
part of the original application and the site plan showed all the
features that were to be constructed. This site plan showed one
limerock driveway.
The public hearing was closed at 8:10 p.m., but at the request of
City Attorney Knaak Mayor Morgan reopened the public hearing at
8:13 p.m. for hardship definitions if they exist or if there is
anything else that should be submitted for the record.
Radio - The driveway was already there in 1982. The property was
subdivided back in 1971 so it seems that this driveway was in
existence prior to that effective date of the zoning ordinance.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 5
The use has become regular so it hasn't changed to become a
non -conforming use. A hardship could exist if the applicant was
not granted what is enjoyed by the other parties which is shown in
the pictures that were entered into the record.
The public hearing was closed by Mayor Morgan at 8:15 p.m.
Mayor Morgan will abstain from voting on any decision because he
works at the same company Dean Johnston does.
M/S/P Morgan/Dunn-to delay a decision on granting a variance to
Dean Johnston at 8200 Hill Trail North until the City Council
Meeting on January 7, 1986. (Motion carried 5-0).
6. CITY ENGINEER'SREPORT
A. 201 Program - Bid Update
City Engineer Bohrer reported that bids were solicited for a
second time and only one bid was received. The bid was from Lee's
Construction Company of Isanti, Minnesota, for a total of
$12,900.00. The City Engineer explained that the bid exceeded the
$10,000.00 maximum which is allowed by the MPCA under these
streamlined procedures. Bohrer stated that, in his opinion, the
Keane septic system was the least severe hardship since the Keanes
have vacated the house. Bohrer has contacted Mr. Keane, and he
has agreed to allow his name to be deleted from the emergency
list. The contractor has also agreed to delete the work at the
Keane residence.
Bohrer reported that the MPCA has given their verbal approval to
awarding the work, therefore, the Engineer recommended that the
work involved in replacing the septic systems at 9199 Jane Road
North, 9369 Jane Road North, and 4611 Birchbark Trail, be awarded
to Lee's Construction Company in the amount of $9,400.00. The
work at 9359 Jane Road North was deleted.
Councilman Christ questioned the high bid price for the work.
Bohrer explained that the price is higher than what one would
normally expect, but some of the site constraints make this cost
so high. These three tanks are probably the most difficult of any
because of the high water condition and tight working conditions,
i.e., for all three sites the excavation will have to be dewatered
in order to install the tanks. Some additional work on the tanks
may be necessary in order to avoid flotation. The sites are
restricted in that the septic tank delivery truck will not be able
to back right up to the excavation, and the contractor will have
to carry in the tanks with another piece of equipment. The time
of year, winter, also adds to the cost of the work.
M/S/P Morgan/Dunn - to accept the bid from Lee's Construction
Company of Isanti, MN to replace the septic systems at 9199 Jane
Road North, 9369 Jane Road North, and 4611 Birchbark Trail in the
amount of $9,400.00. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 6
( Bohrer reported that the MPCA had stated that before we could
advertise for bids we are to provide an updated cost estimate and
this has been done. There is a chance that we will receive
authorization to advertise for bids between now and the first
meeting in January. It is Bohrer's intention to advertise for
bids as soon as that approval comes through. After the bids have
been received there is up to a 90 day MPCA review period for which
they can review the bids.
B. Request for Public Hearing:
Dennis Deneen, 8043 50th St. N. to vacate a portion
of Park Avenue in Lane's Demontreville Country
Club Addition.
The City Council received a request from Dennis Deneen, 8043 50th
Street North, to vacate a portion of Park Avenue in Lane's
DeMontreville Country Club Addition. The plat was reviewed in
which Park Avenue is located and determined that they would call a
public hearing on the matter for the January 7, 1986 City Council
meeting.
M/S/P Dunn/Armstrong - to call a public hearing for January 7,
1986 to consider vacating Park Avenue from the west line of the
Deneen property to its east intersection with Hill Trail. (Motion
carried 5-0).
C. 509 Plan - Official City comment letter to VBWD,
Metro Council.
The VBWD has revised their 509 Plan to include a section on water
quality, to adjust the overflow elevations in accordance with DNR
requirements, and modify the financing plan to include a portion
of the project cost to be assessed against benefitted properties.
The Watershed District has supplied a draft letter to the Metro
Council in which the City is to advise the Metro Council that the
509 Plan will not require substantial changes to the City's
Comprehensive Plan. Bohrer advised the Council that the staff
concurs that the 509 Plan will not require the City's
Comprehensive Plan to change substantially.
Bohrer stated that he was prepared at this time to review the
revisions to the Comprehensive Plan in detail with the Council,
but the Council preferred that the matter be discussed at the next
meeting.
M/S/P Morgan/Mazzara - to approve the draft letter to be sent to
the Metropolitan Council as recommended by City Engineer Bohrer.
(Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 7
7. CITY ATTORNEY'S REPORT
A. Alford vs. City of Lake Elmo Update
This case is scheduled for trial in two weeks. At this time there
will not be a need for a fact finding trial, but if this changes
City Attorney Knaak will be contacting those involved.
8. CITY ADMINISTRATOR'S REPORT
A. Martin Luther King Holiday - Policy Decision
Martin Luther King Holiday is a new holiday mandated by State and
Federal law, and it will occur on the third Monday in January.
There were three options to chose from for non -union,
non -management employees:
1. Allow employees to take an unpaid day off on Martin
Luther King's Birthday.
2. Allow employees to trade either Columbus Day, a
"floating holiday", or another day designated by
the city as a holiday but not so designated by
law, for Martin Luther King's Birthday.
3. Provide by city ordinance that a present city -paid
holiday will be rescinded as a paid holiday and that
Martin Luther King's Birthday will be treated as a
paid holiday in lieu of that day.
Discussion followed as to using Good Friday as a floating holiday
and what the cost would be to City if this holiday was granted.
M/S/P Morgan/Christ - to close the City Office on the third Monday
of January as a paid City holiday in honor of Martin Luther King's
birthday. (Motion carried 5-0).
B. Monthly staff - Council Meeting
Mayor Morgan would like to conduct the first monthly staff meeting
and will work with the City Administrator in selecting a date.
Dunn - suggested that Mayor Morgan write letters of appreciation
for the City Employees and the City Administrator draft a letter
of appreciation to the City Consultants.
C. Liquor license and non -intoxicating malt liquor
license renewals.
The six applicants have sent in their insurance verifications and
the Sheriff's Dept. has indicated no problems with these
operations.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 8
M/S/P Dunn/Christ - to approve the following liquor licenses for
1986; VFW P st 5725 - On -Sale and Special Sunday Event License for
Novemer 9, 16, 23 and another date not yet determined in 1986;
Twin Point Tavern - On -Sale, Off -Sale and Sunday; Lake.Elmo Inn -
On -Sale, Off -Sale and Sunday; Tartan Park - On -Sale and On -Sale
Sunday; and to approve the following non -intoxicating malt liquor
licenses for 1986; Brooks Superette - Off Sale; Cimarron Park -
On -Sale. (Motion carried 5-0).
D. Sunfish Park Trails - Recommendations for fencing
off and posting deqd-end trails.
City Administrator Overby pointed out on a map which trails will
be fenced off in Sunfish Park. Councilman Christ suggested asking
the Park Commission as to which trails should be groomed. The
Grooming Contract with the County was discussed and a letter will
be sent to the County requesting grooming for these trails.
Lake Jane Pumping
On November 19, 1985 the City Council had given the VBWD
permission to pump for an additional 30 days. The City Council
required the pump to be shut-off by December 15, 1985 to allow for
some recovery of Park Pond. City Administrator Overby will call
Dick Murray to find out what the VBWD intentions and concerns are
as far as pumping through the winter.
City Engineeer Bohrer explained that if they shut the pump off on
December 15, 1985 and get the water out of the lines so they don't
have an ice block, the pump could be reopened-- on February 15,
1986. It was felt that if this is done it would ruin the park for
any kind of skiing.
M/S/P Christ/Dunn - to•shut the pump off on Lake Jane on December
15, 1985 and let the VBWD advise on start-up time. (Motion
carried 4-1<Mazzara-would like to talk to the VBWD before they
shut the pump off>).
E. 1. Park Shelter Workers
The City Administrator will go ahead and handle the interviews and
select the persons best qualified for the park shelter positions.
It should be noted to the candidates as to what is expected of
them regarding skatable conditions which includes time,
temperature and weather.
2. League of Cities Directory
The City Council gave their approval to have their home addresees
listed in this directory of elected officials.
3. Railraod Auto Unloading Facility Proposed in Oakdale
It was brought up to the attention of the Council that Oakdale has
before them a concept plan from the Chicago and Northwestern
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 1985 PAGE 9
Transportation Company for a Railroad Auto Unloading Facility
which would be located south of Highway 5 and east of Highway 694,
,north of Stillwater Boulevard and west of County Road 13B. As of
this date, the City of Lake Elmo nor the VBWD has been asked about
their concerns or input for an Environmental Assessment Worksheet.
The City Council directed the City Administrator to communicate to
Oakdale Lake Elmo's concerns with this project and any impact it
would have on this City. Oakdale will also be asked to keep Lake
Elmo informed on the progress of this proposal.
4. Baytown Township
City Administrator Overby will write a letter to Baytown Township
informing them that the City Council is not interested in paying a
contractor for the maintenance work done on the very northeast
corner of Manning Avenue. The City will only do the portion we
are responsible for.
M/S/P Dunn/Morgan - to adjourn the City Council Meeting at 9:20
p.m. (Motion carried 5-0).
86718
86719
86720
86721
86722
86723
86724
86725
86726
86727
86728
86729
86730
86731
86732
86733
86734
86735
86736
86737
86738
86739
86740
86741
86742
86743
86744
86745
86746
86747
86748
86749
86750
86751
86752
86753
CLAIMS TO BE APPROVED AT DECEMBER 3, 1985 LAKE ELMO COUNCIL MEETING
Lake Elmo Volunteer Fire Dept. - 2% State Aid
State Bank of Lake Elmo - Nov. Federal withholding
Commissioner of Revenue - Nov. State withholding
Washington Cty. Treas. - recording fee
James McNamara - Nov. mileage - Mahtomedi 108.64
Lake Elmo 125.16
LMCIT - Dec. Hosp.
M.B.A.
Allied Group Insurance Trust
Lake Elmo Assoc. - Dec. rent
Gerald Dahlberg - Nov. animal control officer
Oakwood Animal Hospital
David Morgan - 2nd half salary
Bruce Dunn
Mike Mazzara
Rose Armstrong
Arlyn Christ
Laurie Waterman - Newspaper
Artmaster Book Co. - Newsletter art
American Typewriter - Office supplies
Four Seasons Services
Rauenhorst & Carlson - Dec. legal retainer
Caswell & Tavernier - Dec. retainer
TKDA - General $ 105.00
Sewer 383.35
MSA 23.08
Barbara Nelson - Court Reporter - Alford Depositions
Menard Cashway Lumber - Maint. supplies
Gopher Sign - posts maint. dept.
Givens Inc. - keys maint, dept.
ABM Brake & Equip. - Maint. truck repairs
Pinky's Croixland - maint. garage pumping
Yocum Oil - Maint. Dept, grease
MB Industries - Maint. truck repairs
Communications Specialists - Maint. radio repair
Al's Welding - mount for plow on
Sue Dunn - reimbursement for Park
Arlyn Christ - Park - gas expense
Northwestern Bell - Office
Park
Maint.
Fire
86754 AT & T - Fire
86755 AT & T Info Systems -
86756 NSP - Street Lights
Fire Dept.
Maint. Bldg.
Parks
Water
new loader
supplies
for backhoe
$ 176.84
11.06
55.27
_ 62.50
Office
$ 690.65
163.75
223.01
79.13
229.22
(over)
$ 10,084.00
1,544.00
740.00
10.00
233.80
1,457.98
52.00
76.86
1,760.77
324.00
231.00
1,200.00
900.00
900.00
900.00
900.00
5.25
59.00
7.34
20.00
300.00
850.00
511.43
266.89
47.10
192.50
6.73
248.82
55.00
34.65
20.65
42.00
270.00
115.73
25.00
305.67
9.06
38.26
1,385.76
DECEMBER 3, 1985 CLAIMS CONTINUED
86757 MN State Fire Dept. assn; - 1986 Dues $ 30.00
86758 General Safety Equipment•Corp. — Fire Dept. supplies 13.50
86759 thru
86778 Fire Department firemen's compensation 10,283.50
86779 thru
86790 December 6th payroll 6,287.84
Total $ 42,746.09
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 maybe continued to another meeting.
AGENDA
LAKE ELMO CITY COUNCIL
DECEMBER3, 1985
7:00 p.m. Meetings Convenes
1. Agenda
2. Minutes: November>19, 1.985
3. Claims
7:15 4. Public Inquiries
5. PLANNING AND LAND USE
A. Hammes Mining CUP - Code Enforcement
7:30 B. Public Hearing - Request for Variance -
Dean. Johnston
7:45 6. CITY ENGINEER'S REPORT
A. 201 Program - Bid Update
B. Petition for Public Hearing:
Request from Dennis Deneen, 8043 50th St. N.
to vacate a portion of Park Avenue in
Lane's Demontreville Country Club Addition
C. 509 Plan - Official City comment letter
to VBWD, Metro Council
BREAK---
7. CITY COUNCIL REPORTS
i
A. Composting Report from'Washington''
County, including 'the"Lako Elmo'site''
8. CITYADMINISTRATOR'S REPORT
A. Martin Luther King Holiday -
Policy decision
B. Monthly staff - Council meeting
C. Liquor license and non -intoxicating
malt liquor license renewals.
D. Sunfish Park Trails - Recommendations
for fencing off' and posting dead-end
trails.
E. Other
g. Adjournment