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LAKE ELMO CITY COUNCIL MINUTES
JUNE 3, 1986
Mayor Morgan called the City Council to order at 7:00 p.m. in the City
Council chambers. Present: Armstrong, Dunn, Mazzara, Christ, City
Administrator Overby, City Engineer Bohrer and City Attorney Knaak.
1. Agenda
Add: 5B. Request for Variance from the City's Development Moratorium
by Edina Realty, 5C. Request for Variance from the City's Development
Moratorium by David Zimmerhakl, 11C. Request for a Communications
Cable Easement through Lions Park by Lake Elmo Hardwood Lumber
Company, 12P. June 17th City Council Meeting, 12G. Commission Member
Resignations
M/S/P Dunn/Christ - to approve the agenda for the June 3, 1986 City
Council Meeting as amended. (Motion carried 4-1<Armstrong: items
that are significant to the City should not be added onto the agenda
at the last minute, but put on the agenda for the next meeting to give
the Council time to look it over).
2. Minutes: May 20, 1986
M/S/P Armstrong/Dunn - to approve the May 20, 1986 City Council
minutes as amended. (Motion. carried 5-0).
3. Claims
M/S/P Christ/Dunn - to approve the June 3, 1986 claims #87377 thru
,
#87425 as presented. (Motion carried 5-0).
4. Public Inquiries
There were no public inquiries.
5. a. Lake Elmo Park Reserve Grand Opening - Gary Horning
Gary Horning, Lake Elmo's representative to the Washington County
Parks and Open Space Commission gave an update on the festivities
planned for the Park Reserve's Grand Opening which will be held June
21, 1986. He encourages as many people as possible to view this park
and to share in the ceremonies.
Coffee and rolls will be served at 9:00 a.m. with ceremonies beginning
at 10:00 a.m.. State Senator Dave Durenberger will be master of
ceremonies who has been quite instrumental in developing the regional
park system. Guest speakers will be Mayor Dave Morgan; Dave
Woltershoff, Chairman of Washington County's Parks and Open Space
Commission; and County Commissioner Artie Schaefer. County
Chairperson Sally Evert will preside over the ribbon cutting ceremony.
A logo contest was held for all of the Washington County Parks, and it
LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 1986 PAGE 2
is planned that Senator Durenberger will present the logo plaque to
the winner of this contest.
The Lake Elmo Jaycees will provide pop and ice cream and will have
games for the children. A hayride is planned as well as guided tours
of the park. The swimming facility will be open, and there will no
entry charge to the park this day.
Horning advised the Council that the Commission has received much
criticism on the solid waste landfill that has been proposed within
the park. It has been addressed in the Park's System Plan, and he has
asked that this topic be put on the agenda for their next meeting so
it can be discussed. Horning added that he didn't want the landfill
in the park any more than the City does, but he's not sure we have a
choice.
Mayor Morgan, on behalf of the entire City Council, commended Horning
for the many years of service and hard work that he has put into
Washington County's Parks and Open Space Commission.
B. Request for Variance from the City's Development Moratorium
-Cindy Stover, Edina Realty
Cindy Stover, Edina Realty, represents a buyer who wants to use a 61
acre land parcel as follows: put a home on the eastern end of the
parcel and build a wholesale greenhouse and nursery on the remaining
westerly portion of the 61 acres. A subdivision and rezoning to
Agricultural would be required.
Because of the development moratorium that is in effect, legal action
cannot be taken by the City Council until the moratorium has ended on
October 2, 1986.
C. Request for Variance from the City's Development Moratorium -
David Zimmerhakl
Mr. Zimmerhakl wants to purchase an existing lot of 24.25 acres. He
would like to build a house on a lot of just under 10 acres in size.
This is a result of lenders' unwillingness to make a loan for parcels
of 10 acres or more as the land would be covered by the 1986 Farm
Foreclosure Act. This would require a variance from the RR zoning
code.
M/S/P Morgan/Mazzara - to table these requests for variances from the
City's Development Moratorium for two weeks to allow for additional
research. (Motion carried 4-1<Dunn>)
6. Public Hearing : Variance for Sideyard Setback;
Stephen Chlebeck, 9018 31st St.
Mayor Morgan opened up the public hearing at 7:35 p.m. in the Council
chambers.
Stephen Chlebeck, 9018 31st St., wishes to build a 16' x 22' addition
to an existing garage which is located on the eastern edge of the
property and to the rear (north) of the applicant's house. Chlebeck's
LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 1986 PAGE 3
reasons for adding on was to be able to store another vehicle and a
boat and make a woodshop area. Mr. Chlebeck's property is located in
an R-1 residential zoning district. The minimum required interior
side yard setback for a building from the property line is 10 feet.
FINDINGS OF FACT
1. That the existing garage is approximately 2 1/2 feet from the
property line.
2. That according to Mr.Chlebeck's neighbor, Bill Hughes, he doesn't
have any problem with this request and is willing to help him
build the garage.
3. That the driveway comes off of 31st St.
4. That the garage gable is east -west which would not make it
conducive to put it any other place.
5. That the applicant owns approximately 3 acres so there is room
for a garage in some other place.
6. That Chlebeck's property is on the 201 Project.
7. That, based on reviewing the property, it could not be put
to the west of the existing garage because there is a sidewalk
and a playset there and trees and a flower garden would have
to be removed.
8. That allowing Mr. Chlebeck to extend onto the existing building is
the best alternative.
9. That by putting the garage any other place would change the
personality of the lot and would disrupt the landscape.
10. That public notice was duly sent and published.
Mayor Morgan closed the public hearing at 7:50 p.m.
M/S/P Christ/Morgan - to grant the variance based on sufficient
hardship for a sideyard setback for Stephen Chlebeck at 9018 31st St.
in order to build a 16' x 22' addition to an existing garage. (Motion
carried 5-0).
7. Request for Variance to Development Moratorium:
Raymond Mester
Raymond Mester is requesting approval of a variance to the Development
Moratorium in order to allow him to proceed with the preliminary
platting of his 18 acre tract of land in Section 10. The land which
is located east of Teal Pass Estates and Lake Jane was rezoned from RR
to Rl on October 15, 1985. Mr. Mester advised the Council of the
economic hardship he is incurring because of this delay caused by the
moratorium. The City Council advised Mr. Mester that the moratorium
deadline is October 2, 1986 and no exceptions have been made to this
moratorium.
M/S/P Mazzara/Morgan - to table this request for a variance from the
Development Moratorium by Raymond Mester for one City Council meeting
for the final determination of this request. (Motion carried 5-0).
8. Public Hearing : Variance to Setback from Ordinary High Water
Mark in Shoreland District; Roger Kostelnik, 8098 Hill Trail N.
LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 1986 PAGE 4
Mayor Morgan opened up the public hearing at 8:02 p.m. in the City
Council chambers.
Roger and Mary Kostelnik, 8o98 Hill Trail N, wish to add a 21' x 16'
family room onto their existing house at Lots 495, 496 and the N 1/2
of 497, 643, 644 and the N 1/2 of 642, and the S 1/2 of vacated Beach
Lane.
One variance is required to allow the addition at 43 feet from the
water where 100 feet is required. The hardship in this case is that
the addition cannot be made to meet the setback and still be attached
to the house. City Engineer Bohrer advised that the important factor
here is that the proposed addition will not increase the
non-conformance of the existing house. Bohrer recommended that the
variance be granted.
FINDINGS OF FACT:
1. That this is an existing developed lot; therefore, lot size
variance is not being considered.
2. That the lot size is 0.29 acres.
3. That the applicants own the lot and house to the north,
formerly Hahn's. This house is rented out, but the
applicants plan to demolish the house and incorporate
the land into their lot in the future. This would make
the total lot size 0.61 acres.
4. That the septic system is on the street side of the lot,
about 8-10 years old, and not experiencing any difficulties.
5. That the proposed addition can meet the side yard setback
of 10 feet, but not the lake side setback of 100 feet.
The addition is proposed to be in line with the front of
the house and not increase the non-conformance.
6. That public notice was duly sent and published.
7. That thepe was no one in the audience to speak against
the proposal.
Mayor Morgan closed the public hearing at 8:12 p.m.
M/S/P Mazzara/Morgan - to grant Roger Kostelnik a shoreland.permit and
variance to add a family room onto their existing house at 8098 Hill
Trail North per Larry Bohrer's recommendation stated on page 2 of his
May 28, 1986 letter to the City Administrator. (Motion carried 5-0).
9. Shoreland Permit: Kenneth Isaacson, 8009 Hill Trail N.
Mr. Ken Isaacson has applied for a Shoreland Permit in order to build
a house.
FINDINGS OF FACT:
1. That the property consists of one parcel 2.18 acres in size
(including Hill Trail as travelled) at the Intersection of
50th Street and DeMontreville Trail.
2. That the Certificate of Survey, topographic map and soil tests
show that no variances from Shoreland Regulations are required.
LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 1986 PAGE 5
3. That a site plan showing the exact house location be required at
the time of the building permit application so that setbacks
can be checked.
4. That, per City Engineer Bohrer's recommendation, the applicant
comply with all setbacks from Hill Trail also, even though Hill
Trail is not within a platted right-of-way.
5. That the City Engineer recommends a shoreland permit be issued.
M/S/P Morgan/Christ - to approve a shoreland permit for Ken Isaacson
for Lots 1-21, 78-99 Lane's DeMontreville Country Club Addition.
(Motion carried 5-0).
10. CITY ENGINEER'S REPORT
A. Sunfish Lake: Alternative Pumping Sites
City Engineer Bohrer reported on the results of his investigation in
regard to five pumping sites. It appears that all of the sites are
either not available or do not meet the topography and soil
requirements. Use of County park land was then suggested as another
alternative.
made
A request was
�to get an update on Lake Jane's water level from Chuck
Taylor.
M/S/P Mazzara/Morgan - to direct the City Engineer to continue
searching for an alternative to alleviate the Sunfish water problem by
approaching the County about the park land to the south of Highway 5
for pumping and scout out a culvert crossing under the railroad
tracks. (Motion carried 5-0).
B. Derrick Land Company: Final Monitoring Report
City Engineer Bohrer reported that the monitoring on Lots 1 and 2 have
been completed on June 2, 1986. On two of the test wells, water
levels were above the 5 foot level but lower than the 4 foot level.
Derrick Land Company has asked to perform percolation tests on the two
fill areas to determine whether it is in conformance with our
ordinance. Derrick has hired Roger Johnson, a certified soil tester
for this work, and it will be done in the presence of Lake Elmo's
Building Official Jim McNamara. This should be the final step and we
should be able to rule whether it is in conformance with the city code
by the next City council meeting.
C. 201 Program
1. Review Bids on Part A
On Friday, May 30, 1986, bids were received for Part A - On -site
Septic System Improvements. Four bids were received with the low bids
being submitted by Widmer, Inc., of St. Bonifacius, Minnesota in the
amount of $329,748.65. Although Widmer has not worked in this area,
they have successfully completed a 201 Project in Carver County and
received a good recommendation from the County staff.
LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 1986 PAGE 6
Based upon the Contractor's satisfactory performance record and the
favorable bid received, City Engineer Bohrer recommends that the City
indicate its desire to award the contract to the low bidder and ask
the MPCA's concurrence.
M/S/P Morgan/Christ - to adopt Resolution 86-37 acknowledging receipt
of bid for Part A of the 201 Program, and to award such bid to Widmer
Incorporated, the lowest reponsive responsible bidder in the amount of
$329,748.65. (Motion carried 5-0).
M/S/P Morgan/Christ - to hold a special meeting on Tuesday, June 10,
1986 at 4:30 to look over the bids on Part B and Part C of the 201
Program. (Motion carried 5-0).
2. Amendment to Engineering Agreement
City Engineer Bohrer presented a copy of the revised schedule dated
Febrary 28, 1986 that was approved by the MPCA. An extension of time
to complete the project is included in the revised project schedule.
Since the budget period is now extended to December 1987, the
engineering agreement needs to be amended to reflect this change.
M/S/P Morgan/Armstrong - to approve Amendment No. 1, Step 3 of the
Engineering Agreement. (Motion carried 5-0).
D. Irwin Avenue - Dead End Barriers
The City Council decided at the the May 20, 1986 City Council meeting
that street barricades should be placed at the north and south ends of
Irwin Avenue, between 36th Street and 37th Street.
City Engineer Bohrer advised the Council that the right-of-way on
Irwin Avenue is 50 feet wide. If Irwin is barricaded off, 36th and
37th Streets would become dead-end streets with total lengths longer
than what is allowed by the City Code (800 feet).
M/S/P Armstrong/Mazzara - to not place the street barricades that were
proposed at the May 20, 1986 City Council meeting at the north and
south ends of Irwin Avenue, between 36th Street and 37th Street.
(Motion carried 3-2<Morgan, Christ>).
E. Shoreland Permit - H.T. Becken, 11860 21st St. N.
Mr. H.T. Becken desires to construct a tennis court on Lot II, Eden
Park 2nd Addition. Since this lot is adjacent to Down's Lake,
Shoreland Regulations apply.
The site plan of the tennis court and the subdivision contour map
showed that no variances from Shoreland Regulations are required. The
100 foot setback from the NOHW is met, the minimum building elevation
is met, and all grading takes place on land which slopes away from the
lake. City Engineer Bohrer recommended that a Shoreland Permit be
issued.
The proposed tennis court is adjacent to an existing drainage easement
LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 1986 PAGE 7
which is the overflow path of Down's Lake. If Down's Lake should ever
overflow, which it has in the past, water could be up against the
retaining wall that supports the west end of the tennis court. City
Engineer Bohrer recommended that the west retaining wall be
constructed of flood resistant materials for this possibility.
M/S/P/ Christ/Mazzara - to approve a shoreland permit for H.T. Becken,
11820 21st Street, to allow construction of a tennis court on Lot 4,
Eden Park 2nd Addition contingent upon the City Engineer's
recommendation that the west retaining wall be constructed of flood
resistant materials for this possibility. (Motion carried 5-0).
11. CITY ATTORNEY'S REPORT
A. Resolution on Lake Jane Water Supply Proposal
At the last City Council meeting (5-20-86) the City Attorney was
directed to draft a letter of response and resolution to Ramsey and
Washington Counties in regard to their $175,000 offer. A copy of the
letter and resolution condemning the action of Washington and Ramsey
Counties choosing options other than an adequate public water supply
to resolve the pollution problem they created at the Lake Jane
Landfill was presented for the Council's approval .
Councilwoman Armstrong suggested deleting the last sentence in the
third paragraph "that could have fit in with any future system the
city might wish to construct" because this is what Commissioner
Fogarty has contended all along.
M/S/P Armstrong/Christ - to approve the letter condemning the actions
of Washington and Ramsey Counties in choosing options other than an
adequate public water supply and to adopt Resolution 86-35 absolving
itself in sharing nor accepting any responsibility for the decisions
of the Counties. (Motion carried 5-0).
B. Charitable Gambling Ordinance -
Recommendations from the Planning Commission
At the May 20, 1986 Council meeting, the City Council adopted a new
ordinance which would allow gambling operations to be conducted by
charitable organizations on the premises of City -licensed liquor
establishments. The ordinance was sent to the Oakdale -Lake Elmo
Review for official publication on June 4, 1986.
The Planning Commission continued their discussion of the ordinance at
their meeting of May 27, 1986 and felt that an additional hearing
should be held . They voted to make six recommendations for
amendments to the new ordinance.
1. Limit charitable gambling to permanent, year-round
licensed liquor establishments and to fraternal organizations
or churches.
2. Gambling would be restricted to operating inside the
building premises (not in the parking lot, etc.)
LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 1986 PAGE 8
3. Gambling operations with temporary liquor license
holders would not be allowed.
4. At least 20% of the profits from the charitable gambling
operations must be spent in the Lake Elmo Community
(to be verified by City review of the organization's
account books).
5. Charitable gambling activities would be limited to pulltabs,
tipboards, and raffles, Paddlewheels would not be allowed.
6. No gambling by minors.
Councilman Mazzara stated that he felt there wasn't any good reason
for denying (No. 5) eliminating paddlewheels as a permitted gambling
device. After all, the State does allow all four gambling devices and
the request was made for all four.
City Attorney Knaak advised the Council that none of the proposed
amendments are major, but they do propose greater controls by the City
and are worthy of discussion and he recommended calling a public
hearing.
M/S/P Armstrong/Morgan - to set up a public hearing for July 1, 1986
to consider amending Section 1104 "Charitable Gambling" of the Lake
Elmo Municipal Code. (Motion carried 3-2<Christ:the ordinance
specifically stated that we would follow the state regulations so why
add restrictions to cause future problems; Mazzara:the planning
commission held a public hearing and there was no public opposition>).
C. Request for a Communications Cable Easement through
Lions Park -Lake Elmo Hardwood Lumber Company
Bill Rogers of the Lake ELmo Hardwood Lumber Company presented his
request to install a communications cable between their company
headquarters east of Lions Park and their offices in the old Meyer
hardware building on Lake Elmo Avenue.
The concern of the Council was to have as little damage as possible
and disruption of the use of the field and restore it back to what it
was. The suggestion was made to leave this up to the Maintenance
Foreman who will have to cut the grass.
The Parks Commission had no problem with this request. The Parks
Commission had suggested that perhaps the Hardwood Lumber Company
could agree to make a monetary donation towards the construction of a
steel -mesh fence to be located on the east and south edges of Lions
Park. This new fence would assist in the
development of horseshoe courts directly south of the tennis courts.
M/S/P Morgan/Armstrong - to grant an easement to Lake Elmo Hardwood
Lumber Company for the purpose of running a communications cable
across City property and this easement would be in conformance with
all requests by the City Engineer and City Attorney, that the City
LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 1986 PAGE 9
property would be restored to the condition as it was, to cover all
costs incurred by the City and with consideration for a monetary
donation which can be discussed with the Parks Commission toward the
construction of a steel -mesh fence. (Motion carried 5-0).
12. CITY ADMINISTRATOR'S REPORT
A. Use of 1963 Scout by Building Inspector
At the last Council meeting, Jim McNamara requested the Council's
permission to make use of the Fire Department's old grass rig vehicle
for the Building Inspection Department. A new replacement grass rig
vehicle was purchased in 1985. The Council responded that if the Fire
Department did not indicate a continuing need for the Scout, the
request would be granted.
Amended 7-2-86)
#re- -Ghle-f- FFait- -Pet-t--stam- k-th&-de*antmei-i�t-i-bk-#,iev- Id-4e
them-t-he-d-eeis-.on- 14-4e-ihad&-i4t--eke--v eI wot�lci-€-.-tr-#efio-the
plans-o€-#Y�e-��e-Depa#et> Mayor Morgan suggested that Chief Pott
and City Administrator Overby meet and develop a long-range plan for
the Fire Department and decide if the Scout would be needed in this
plan. If the Scout is not needed, it would be made available for the
Building Inspector.
B. LMCIT Health Protection Plan
The LMCIT Health Plan has reduced the City's rate for health
protection by 5.0% effective July 1, 1986. A certificate of
participation must be signed and. returned before June 30, 1986.
M/S/P - Christ/Mazzara - to approve the City's continued participation
with the LMCIT Health Protection Plan and sign the Certificate of
Participation. (Motion carried 5-0).
LMCIT is offering a new "Wellness Program" effective July 1, 1986 at
no cost to the City employees or dependents. Participation in the
program is voluntary. City Administrator Overby will check if this is
a "no cost" item to the employer and report back at a later date.
C. Summer Youth Workers
Lisa Linn from Afton was a summer worker for the City two years ago
and is quite familiar with our work needs as.well as having capable
work skills. City Administor Overby recommended that the Council
approve her selection for the summer clerical position. He will
continue interviewing candidates from Washington County so that we can
fill the two summer maintenance positions.
D. Resolution on Contributions by the Jaycees to Lake Elmo
At the last Council meeting, the Administrator was directed to prepare
a resolution recognizing the many contributions made by the Lake Elmo
Jaycees to the Lake Elmo community. A copy of the draft resolution
was presented.
LAKE ELMO CITY COUNCIL MINUTES JUNE 3, 1986 PAGE 10
M/S/P Christ/Dunn - to adopt Resolution 86-36 recognizing the many
hours the Lake Elmo Jaycees have contributed working on fund-raising
activities to support improvements in the City Parks and other needs
of the Lake Elmo Community. (Motion carried 5-0).
E. Board of Review Change Orders
The official proceedings listing all changes in individual tax
assessments made as a result of the May 14, 1986 Board of Review was
reviewed, approved and signed by the Mayor and City Councillors and
will be transmitted to the County Assessor.
M/S/P Armstrong/Mazzara - to approve the 1986 Board of Review official
proceedings as presented. (Motion carried 5-0).
F. June 17th City Council Meeting
Because of three councilmembers being out-of-town and a light agenda,
City Administrator suggested that the June 17th City Council meeting
be cancelled.
M/S/P Christ/Dunn. - to cancel the regular scheduled June 17th City
Council meeting. (Motion carried 5-0).
G. Commission Member Resignations
Nancy Prince, Vice -Chairman of the Planning Commission has submitted
her resignation because of time constraints of her new job. This
vacancy wil be advertised in the Lake Elmo Newsletter.
M/S/P Armstrong/Morgan - to accept Nancy Prince's resignation as
Vice -Chairman of the Planning Commission and to send her a letter of
appreciation. (Motion carried 5-0).
Barbara Holm has submitted her resignation from the Parks Commission.
Her resignation creates one vacancy.
M/S/P Armstrong/Dunn - to accept Barbara Holm's resignation from the
Parks Commission and to send her a letter of appreciation. (Motion
carried 5-0).
M/S/P Christ/Dunn - to adjourn the City Council meeting at 10:30 p.m.
(Motion carried 5-0).
--------------
Resolution 86-36 - Recognizing the many hours the Lake Elmo Jaycees have contributed
working on fund raising activities to support improvements in the City Parks and
other needs of the Lake Elmo community.
Resolution 86-37` 3 �ackii&ledging receipt of bid for Part A,Af the 201 Program, and
to award such bid to Widmer Incorporated, the lowest responsive responsible bidder
in the amount of $329,748.65.
Resolution 86-35 - Absolving itself in sharing nor accepting any responsibility for the
decisions of Washington and Ramsey Counties in choosing options other than an
adegate public water supply.
F�re Chief Fan Pott stated hat the department felt phey need to be further
a ea on a long-range plan or the City in order to uecede if the vehicle would fit
into the plans of the Fire Department, (Amended 7-2-86)
71—
Form Q14 Poacher, Minneapolis
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in the following forms. Chairman
*Applies only to Cities whose Ch
Changes made by Lilea
*Enter "Yes" or "No" for each DePential, C - Commerical, I - Industrial, U . Utility, F - Farm, T - Timber
Homestead: 3b, 3c or 3cc, SRR .�916.
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