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HomeMy WebLinkAbout03-24-86 CCMh LAKE ELMO CITY COUNCIL MINUTES MARCH 24, 1986 Mayor Morgan called the City Council meeting to order at 7:02 p.m. in the City Council chambers. Present: Armstrong, Dunn, Christ, City Administrator Overby, City Engineer Bohrer, and City Attorney Knaak. Absent: Mazzara 1. Agenda Add: 7E. Beeman House Report, 7F. Dog Ordinance M/S/P Dunn/Armstrong - to approve the agenda for the March 24, 1986 City Council meeting as amended. (Motion carried 4-0). 2. Minutes: March 4, 1986 M/S/P Armstrong/Dunn - to approve the March 4, 1986 City Council minutes as presented. (Motion carried 4-0). 3. Claims Councilman Dunn questionned under TKDA-General Contracting whether Schafer Contracting Fill Permit No. 2 was a pass thru expense. Councilwoman Armstrong felt that the Sec. 32 & 33 expenses of $2,283.46 should be paid out of the sewer fund. M/S/P Armstrong/Dunn - to approve the March 24, 1986 Claims #87142 thru #87207 as presented excluding #87148. (Motion carried 4-0). 4. Public Inquiries Mary Leslie, 11546 20th Street, stated she is frustrated that the drainage system is takin such a long time getting started and could the DNR beef assisTance. The letter brought up her concerns on the elevation of Long Lake, the water storage sites and the unnecessary pipe requested in the 509 Plan. She further stated that she is opposed to the 509 Plan because there are unnecessary things in the plan. She does not want the taxpayers to pay 4 million dollars for a drainage plan that might not work. She pointed out that there is not an outlet to the St. Croix and the VBWD plan as it exists today is to drain into the St. Croix. She also has concerns about the purity of the water that flows through Lake Elmo and into Horseshoe Lake. 5. PLANNING AND LAND USE A. Public Hearing : Variances related to a simple lot subdivision and preliminary plat, Ken Sovereign, 4415 Olson Lake Trail N. Ken Sovereign, the applicant, has requested that the City Council LAKE ELMO CITY COUNCIL MINUTES MARCH 24, 1986 PAGE 2 table the public hearing until the April 15, 1986 meeting so he can be present at that time. City Administrator pointed out that the Council could not take action on this application after the development moratorium takes effect on April 2, 1986 --unless the Council would decide to make an exception to the interim ordinance. Bruce Folz indicated that Ken Sovereign had suggested delaying this request because he will be out-of-town. M/S/P Morgan/Christ - to table the application from Ken Sovereign, 4415 Olson Lake Trail N., for a simple lot subdivision and preliminary plat until after the six month moratorium. (Motion carried 4-0). B. Final Plat Approval: Lake Elmo Heights The preliminary plat for Lake Elmo Heights has been reviewed and approved by the City Council. On March 10, 1986 the Planning Commission recommended approval of the Final Plat contingent upon the drainage question being resolved as part of the developer's agreement. M/S/P Christ/Dunn - to adopt Resolution 86-22 for approval of a Final, plat for Lake Elmo Heights, Phase I; contingent upon the drainage questions being resolved as part of the developer's agreement with the City, and payment of parks donation fees of $250 per lot, and meeting the minimum building elevations set forth in the VBWD permit. (Motion carried 4-0). C. Adoption of Interim Ordinance for a Moratorium on Development At the March 4, 1986 meeting, the City Council directed the staff to prepare a draft of the interim ordinance for adoption. City Attorney Knaak handed out copies of the ordinance to the City Council. Larry Berg, 1100 International Center, representing Erickson's Diversified Corporation and Carl Dale, Planner for the I-94 Investment Company explained that they have creative ideas for a rural service area and would like to continue with this development but cannot because of the moratorium. They requested if "preliminary" could be excluded out of the moratorium ordinance. The Council denied this request, but stated the Council would be open to further discussion of their plans. Mayor Morgan felt that six months was not a long time to wait and Councilman Dunn expressed concern if this project is rejected down the road. M/S/P Morgan/Armstrong - to adopt Ordinance 07976 amending Section 301 of the Lake Elmo Municipal Code, relating to zoning and regulating, for an interim period of six months from the date of publication, the approval of land subdivision, plats and planned unit development. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES MARCH 24, 1986 PAGE 3 D. Public Hearing : Variance related to a simple lot subdivision -Matt Northrup, 3200 Lake Elmo Avenue. Mayor Morgan opened up the public hearing at 8:04 p.m. in the City Council chambers. Mrs. Constance K. Smith proposed to subdivide her 5.9 acre parcel at 3200 Lake Elmo Avenue into two lots. Since the property was previously platted as Lake Elmo Park, it can be divided by a Simple Lot Subdivision. The property also abuts Lake Elmo, which means shoreland regulations apply. Two variances will be necessary - variance for lot size of 1.12 acres where 1.5 acres is required, and the lot width of 55 feet where 150 feet is required. Also, the City Code requires that a hardship on the land must be demonstrated in granting variances. Matt Northrup explained that these are the last lots on Lake Elmo that can be subdivided and no other lots on this lake could come as near to meeting the code as they are proposing. Kromschroder was given a variance for less than an acre and they are on the flood plain. Northrup quoted out of the code that a literal interpretation of the provisions of the ordinance would deprive the applicant from rights commonly enjoyed by other properties in the same district. He pointed out that to the west all the lots are between 45 to 65 feet in width. The hardship is that we have a pie shaped lot and are taking a pie shaped piece off of it. City Enginner Bohrer clarified that Kromschroder's parcel was platted in 1978 and the lot size is two acres of which one acre is above the normal ordinary high water mark. The only variance they received was a setback variance of 65 feet where 75 feet is required for the alternate drainfield site. Councilman Dunn brought up that lot frontage can be met by just also said if you have less than prove a hardship. both the lot size and shoreland simply changing the lot lines. He the required lot size you have to Northrup stated that the city code requirement for shoreland lot frontage is a lot width of 150 feet at the widest part of the property and it does not say on the lake. We did meet that requirement when we had proposed 1.5 acres, but the Planning Commission requested cleaner lot lines. He further stated that Molly Comeau from the DNR had no major concerns over the proposed subdivision, since there is adequate area to meet the structure and septic system setbacks. Richard Miller, neighbor to the westside - I understand and am in agreement with the Northrup proposal because it does keep the proportions with the rest of the big house and it would be nice to keep the option open of another lot and lake frontage. Peter Banister, 3150 Lake Elmo Avenue - I feel to divide the land any other way would spoil this parcel of land. The Council should go out to the property and look at the layout of the land. LAKE ELMO CITY COUNCIL MINUTES MARCH 24, 1986 PAGE 4 Hugh Madson, 11060 32nd St. - I am in favor of this subdivision and if you look at the original plan you will see that it was already laid out for Lot 3 and Lot 4. Councilwoman Armstrong asked if they split this parcel into three parcels, could two lots have frontage to the lake and the third have an easement to the lake. Mayor Morgan explained to the Northrups that we want to help you put three lots on this parcel without breaking the City ordinances and we have to have a reason to give you a variance. He suggested they divide the lot differently, put three houses on it, make a common access to the lake and keep all the lake frontage in the mother's name. City Attorney Knaak advised that when you have a lot greater than minimum required by the City code and seek to divide that, the shape that results cannot be used as an argumant for a hardship it is considered a self-created hardship. He recommends staying within the acreage of the code. This application can be acted upon but the moratorium will go into effect upon publication of the ordinance. Councilman Dunn suggests that this entire subdivision be submitted at once to see what can be done with lot lines in conjunction with other lot lines to make it easier to deal with variances. Mayor Morgan asked the Northrups to consider moving the lot line back and get an easement from Mrs. Constance Smith for the two lots, if another lot is going to be built in there, and make this a common access lot for both of those lots. This plan would be closer to our City Codes and the DNR requirements. Mayor Morgan closed the public hearing at 9:03 p.m. M/S/P Dunn/Christ - to table the simple lot subdivision request by Northrup/Smith until the next City Council meeting in order to give the applicants time to discuss their plans. (Motion carried 4-0). E. Public Hearing : Variance request by James Brockman to allow temporary storage of commercially licensed trailers in an RR district. Mayor Morgan opened up the public hearing at 9:08 p.m. in the City Council chambers. James Brockman, Brockman Trucking Inc., has requested a variance to allow storage of a maximum of 50 empty semi -trailers on the Brockman property. It is claimed there will be no everyday traffic, as trucks will come and go once or twice a week. They will upgrade with a little gravel. The requested variance is proposed to be temporary until land can be purchased for a permanent site. The hardship being the six month development moratorium. LAKE ELMO CITY COUNCIL MINUTES MARCH 24, 1986 PAGE 5 Bob Dreher expressed no problems with this temporary variance as long as it lasts from six months to up to a year and limits it to 50 trailers. He did have concern regarding the wetness of the land and how much improvement Brockman would have to do to the land. Mayor Morgan closed the public hearing at 9:18 p.m. M/S/P Morgan/Christ - to approve a special use permit requested by James Brockman to allow storage for a maximum of 50 empty semi -trailers on the Brockman Property, for a period of six months with a minimum environmental change be afflicted to the land. (Motion carried 4-0). 6. CITY ENGINEER'S REPORT A. City Office Building Project TKDA Architect Bill Armstrong presented a city office concept plan which included the site and floor plan and exterior building elevations. The proposed City hall consists of 3,230 sq.ft. The concept plan met with City Council approval. Councilman Christ will join the Building Committee to work out the details. Steve Delapp, architect and Lake Elmo resident, expressed his interest to volunteer his expertise. City Administrator Overby handed out financing options to be considered by the City Council. M/S/P Morgan/Dunn - to approve the conceptual plan presented by TKDA Architect Bill Armstrong and recommend that the Building Committee proceed with working out the details. (Motion carried 4-0). B. Comprehensive Sewer Plan - Consider resolution for plan approval. This item was presented and discussed at the Improvement Hearing for Sanitary Sewer, Water andStorm Dra-inage Facilities in Section 32-33. M/S/P Dunn/Morgan - to adopt Resolution 86-23 approving the adoption and submission of the Comprehensive Sewer Plan in Section 32-33 to the Metro Waste Control Commission for their review and approval. (Motion carried 4-0). C. Cost Estimate of Oakdale Water for Section 32-33. City Engineer Bohrer reported that at the time the public hearings were held on the Section 32 improvements, the City of Oakdale had not provided us with the information necessary to evaluate obtaining water from Oakdale. We have now had discussion with Oakdale's staff and have prepared a supplementary report. This report should be inserted in your copy of the original feasibility LAKE ELMO CITY COUNCIL MINUTES MARCH 24, 1986 PAGE 6 report dated February 12, 1986. This supplementary report shows that although an Oakdale supply is feasible, it is 25% more costly than a Lake Elmo supply due to Oakdale's connection charge. It is recommended that the Oakdale supply no longer be considered unless Oakdale would reduce the connection charge. These reports will be sent out to the Section 32-33 landowners. 7. CITY ADMINISTRATOR'S REPORT A. Review bids on purchase of new dump truck, underbody plow, sander, and reversible snow plow. The following bids have been accepted: Lakeland Ford dump truck (with J-Craft Body) $41,204.00, Ruffridge-Johnson (underbody blade) $2,384.75, Little Falls Machine (reversible plow PR1143 with #21 hitch) $3,895.00 and sander (Falls model 2AS) $1,700.00. The 1979 Ford truck will be advertised for sale. M/S/P Morgan/Christ - to accept the above bids for the new dump truck, underbody plow, sander and reversible snow plow and to sell the old 1979 Ford truck. (Motion carried 4-0). B. Review bids on sale of old copier machine. The City has received on sealed bid for the old Savin 770 copier machine in the amount of $1181.99 fom Ron Nelson at 4565 Olson Lake Trail. Mr. Nelson will be given the option to purchase our remaining stock of paper and chemicals for an additional cost. M/S/P Dunn/Morgan - to accept the bid of $481.99 from Ron Nelson at 4565 Olson Lake Trail for the old Savin 770 copier machine. (Motion carried 4-0). C. Review 1986 Police Service Contract The City has received good service and excellent cooperation from Gary Swanson and Jim Feur. The total package overall cost increase amounts to $1,548.93 more in 1986 compared to 1985. This is a 3.42 percent increase overall. M/S/P Dunn/Morgan - to approve the 1986 Police Service Contract with Washington County. (Motion carried 4-0). D. 1986 Board of Review The City Council received reports for the 1986 Board of Review which is scheduled for May 14th, 1986. Mayor Morgan brought up that Lake ELmo has the lowest mill rate compared to any of the major cities. E. Beeman House Report LAKE ELMO CITY COUNCIL MINUTES MARCH 24, 1986 PAGE 7 Councilwoman Armstrong attended the quarterly meeting of the Advisory Board of the Beeman House. Helen Raleigh is now the Program Director and they have twelve residents and none are chemically or alcohol dependent. F. Dog Ordinance Mayor Morgan brought up that our dog catcher does an admirable job, but there seems to be an awful lot of dogs running around. It was suggested that an article be put in the Newsletter with the information that we do have a leash law and people should keep their dogs leashed or fenced. M/S/P Dunn/Christ - to adjourn the City Council meeting at 10:20 p.m. (Motion carried 4-0). Resolution 86-22 - approving Lake Elmo Helights Preliminary Plat Phase I Resolution 86-23 - approving the adoption and submission of the Comprehensive Sewer Plan in Section 32-33 to to the P4etro Waste Control Commission for their review and approval 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 MONDAY, March 24, 1986 7:00 p.m. Meeting Convenes 1. Agenda 2. Minutes: March 4, 1986 3. Claims 4. Public Inquiries 5. PLANNING AND LAND USE 7:30 p.m. A. Public Hearing : Variances related to a simple lot subdivision and preliminary plat, Ken Sovereign, 4415 Olson Lake Trail N. NOTE: The applicant has requested that the hearing be tabled until the 4-15-86 Council meeting. 7:35 p.m. B. Final Plat Approval: Lake Elmo Heights C. Adoption of Interim Ordinance for a Moratorium on Development 8:00 p.m. D. Public Hearing : Variances related to a simple lot subdivision - Matt Northrup, 3200 Lake Elmo Avenue 8:30 p.m. E. Public Hearing : Variance request by James Brockman to allow temporary storage of commercially licensed trailers in an RR district. ---------------------------BREAK-------------------------------- 9:00 p.m. 6. CITY ENGINEER'S REPORT A. City Office Building Project B. Comprehensive Sewer Plan - Consider resolution for plan approval C. Cost Estimate of Oakdale Water for Section 32-33. 7. CITY ADMINISTRATOR'S REPORT A. Review bids on purchase of new dump truck, underbody plow, sander, and reversible snow plow. B. Review bids on sale of old copier machine C. Review 1986 Police Service Contract D. 1986 Board of Review 8. Adjourn