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HomeMy WebLinkAbout07-01-86 CCMSince 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. 7:00 p.m 7:30 p.m. 8:00 p.m. 9:00 p.m. AGENDA LAKE ELMO CITY COUNCIL JULY 1, 1986 Meeting Convenes 1. Agenda 2. Minutes: June 3, 1986 3. Claims 4. Public Inquiries 5. Requests for Variance from Development Moratorium A. Cindy Stover - Edina Realty B. David Zimmerhakl C. Raymond Mester D. Brookman Second Addition (Bank Project) 6. Public Hearing : Shoreland Permit and Variances Maurice McCollar, 8034 Hill Trail North V. Shoreland Permit: Jeff Nelson, 8012 Hill Trail N. 8. Shoreland Permit: Thomas Mechelke, Lot 1 Block 4 Foxfire Estates 9. Public Hearing : Proposed Amendments to Charitable Gambling Ordinance -------------------B R E A K 10. CITY ATTORNEY'S REPORT A. Water Safety on Lake Elmo 11. CITY ENGINEER'S REPORT A. Derrick Land Company: Results of Percolation Tests B. Sunfish Lake Pumping C. Water Problems on Lake Jane, Legion Pond D. Petition for Street Vacation: Unpaved, westerly 200 feet of Jane Road North E. City Well Maintenance Situation 12. CITY ADMINISTRATOR'S REPORT A. Fire Department CIP and 1963 Scout B. Maintenance Personnel Evaluation & Salary Increase C. City Assessor Contract D. Joint City Council -Planning Commission Meeting 13. Adjourn LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 Mayor Morgan called the City Council meeting 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: 12E. City Office Building, 12F. Reid Park, 12G. Composting Contract M/S/P Armstrong/Dunn City Council meeting - to approve as the agenda for the July 1, 1986 amended. (Motion carried 5-0). 2. Minutes: June 3, 1986 M/S/P Armstrong/Christ - to approve the June 3, 1986 City Council minutes as amended. (Motion carried 5-0). Minutes: June 10, 1986 M/S/P Christ/Mazzara - to approve the June 10, 1986 Special Meeting minutes as presented. (Motion carried 4-0-1<Morgan>). 3. Claims M/S/P Dunn/Armstrong - to approve the July 1, 1986 claims #87426 thru #87524 as presented. (Motion carried 5-0). 4. Public Inquiries Planning Commission member Dan Novak stated that the Planning Commission is at a point in reviewing the Comprehensive Plan regarding commercial acreage, which includes the I-94 Overlay District. Some of the Planning Commission members would like to see this district reviewed and have decided to refer it to the City Council for some direction. They feel there is ten.times more commercial potential than what the Comp Plan states and with the I-94 Overlay it would be 14 times greater. City Attorney Knaak stated that even though the I-94 Corridor Overlay District has not been published, the City Council is bound by it. Councilman Mazzara questioned why we paid Rob Chelseth to set this up last year if we are going to change it. Also, why is the Planning Commission doing more than what they are required to do with the updating of the Comp Plan, as they might not meet the deadline of October 2, 1986. The consensus of the Council was to have them look at the I-94 Overlay District, but not to take too much time doing so. John Madole, Solid Waste Management Consultant, is working for LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 PAGE 2 Maroney's and Eisinger Sanitation. They are applying for a grant from the Metropolitan Council to examine the economics of recycling and composting financing alternatives. They are looking for City endorsement of their proposal to use when they approach the Metropolitan Council for a grant. The Council requested information from the County, so this will be scheduled for the July 15, 1986 City Council agenda. Ken Mahle, Woodbury Councilman, introduced himself and offered his time for any discussion the City Council would be interested in regarding items of mutual concern to Lake Elmo and Woodbury. 5. Requests for Variance from Development Moratorium A. Cindy Stover - Edina Realty At the last City Council meeting, this request for a variance from the Development Moratorium Ordinance was forwarded to the City Attorney for his consideration and review. City Attorney Knaak handed out his recommendation in a memo dated July 1, 1986 to the City Administrator. The applicant was not in attendance. It is the City Attorney's opinion that the language of the moratorium ordinance does require that any such request be forwarded to the Planning Commission for its consideration with respect to the provisions of the comprehensive plan. The moratorium ordinance reads that such action is not discretinary if the applicants wish to pursue the variance request. If' this is the case in this matter, Knaak recommends that the Council forward the matter to the Planning Commission for its review with the understanding that the variance determination itself will be made by the City at a future date. The City Council took no action on the variance request. B. David Zimmerhakl At the last City Council meeting this variance request was forwarded to the City Attorney for his consideration and review. The applicant, was not at the meeting. Mr. Zimmerhakl has explained at the last Council meeting that his hardship is the issue of financing the parcel. City Attorney Knaak referred to the provision of Section 301.060C1b. which provides "economic considerations alone shall not constitute a hardship". If the applicant wishes to pursue the matter, the Council must forward the proposal to the Planning Commission. The City Council took no action on the variance request. C. Raymond Mester This variance request was forwarded to the City Attorney for his consideration and review. This request does require a variance from the moratorium ordinance in order to permit any preliminary LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 PAGE 3 approval. Mr. Mester has shown no indication that a hardship exists that would justify a variance in this matter and the applicant was not in attendance at this meeting. - The ordinance does require the Council to forward the matter to the Planning Commission for its review, prior to any formal determination by the City Council of the merits of Mr. Mester's application. The City Attorney recommends that the matter be forwarded, but that Mr. Mester would have to establish a sufficient hardship to authorize the Council to grant a variance in this case. The City Council took no action on the variance request. D. Brookman Second Addition (Bank Project) It was determined that no variance to the development moratorium was needed because Preliminary Plat approval was given for the entire Brookman Addition in 1978. This approval authorizes Calvin Brookman, on behalf of the State Bank of Lake Elmo to proceed with Final Platting of two lots in the Brookman 2nd Addition. 6. Public Hearing : Shoreland Permit and Variances Maurice McCollar, 8034 Hill Trail North Mayor Morgan opened up the public hearing in the City COuncil chambers at 7:30 p.m. Mr. McCollar proposes to build an attached garage onto the existing house at 8034 Hill Trail North. F-I-N➢IWGS--OF--FAG-: 1. T-hat--the-McCollar-prepe-n-ty--eon-si-&t-s--ef-twe--con-Iguous- pareeq-s-. T-he--ne-rthe-rl-y-pance-l-(House Na. -8-G34)-cen-si-s-t-s o- 0 2 acres a-nd the-southeraly--par-ael-FHouse No-8G42) --eon-sis-t-s- of--&.4-6 acres. -The- Iambi-ned totear area i-s- 0.58 -a-ores . 2. That- sinew all -of the-eontIgueus land is-eon-eide-red-one-paree-- ih the--Code-,-t-he--p-roper-ty in- question- cGn-tain-s-twa p-rineipal s-tru-e t-ure s . 3. Thatthe-gauge-i-s-proposed to-be--located--81-feet--f-rom-the N-9HW-where 3Q0-f-eetis-requ3ned--although- the -garage is to• be- l�ca-ted--beh-inn the-hous-e- as viewed -f-rom-the-lake. 4. That--the-site- p1-an-shows---the g-a-ragewill--be 9-5-feet from the -s-tre,et- anly---30feet is re-quired. 5. T-hat- the -site plan -states that -the-propoeed-additt�ons- •will-be--about 23--f-eet -a-bove- the -lake- which ex-eeed-s- the - minimum building-elevat-ion, 6. Thatordinarl-3y -the septi-c--sys-tem --is not- evaluated-for- LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 PAGE 4 a-ga-r-age-S- hut 4n the-sase--of—very- small --lots-, a --garage and 4xiv---way-may--ocs py -land--which--might be -used- for a:n- al-tern-ate--drai-p-field- site. —McCo- lar---s-tated -that-the- sanitary -septa s3-stem-was-brought -up- to-Lake-E-lmo-- standards -gin -1,9 7 6 -er 1-9-T7 . 7. That-pub-lic--Doti-s-e wa-s- du- y -sent--and- ptxbrli-s-he-d . 8. That --there -s--ne--wri-t-t-en ­e-ansent from th-e--nel-ghbers rega-Piling-the-a-ttaehe"ara-ge . (Amended 7-15-86 City Council M- eetina) Dave Schweitz, 8032 Hill Trail N., objects because of the smallness of the lot, not enough frontage on the public street and does not want a garage next to his property. Paul and Nancy Hansen, 8024 Hill Trail N., have a concern on the small lot size and would like to keep the niceness of the neighborhood. The house has been for sale all last year and they understand Mr. McCollar is adding a garage in hopes of being able to sell it. Galen Meier owns the property that abutts the McCollar property on the south side and voiced his objection to construction of a garage, either separate from or attached to a very old existing, practically non -livable structure called a house. He would like to see the local community standards be maintained and enforced. These objections are stated in a letter he presented to the City. Mayor Morgan closed the public hearing at 7:55 p.m. Mr. McCollar stated that in Minnesota a garage with a house is taken for granted and being without a garage would be a hardship. M/S/P Morgan/Armstrong - to delay action on a request from Maurice McCollar for a Shoreland Permit and variance to add a garage to an existing structure at 8034 Hill Trail N. until the July 15, 1986 C_Lty Council meeting. (Motion carried 5-0). 7. Shoreland Permit: Jeff Nelson, 8012 Hill Trail N. Mr. Nelson proposes to build an addition onto the lakeside of his home. This property abuts Lake DeMontreville, therefore, shoreland regulations apply. In the City Engineer's report, Bohrer states that it appears from the site plan that all setbacks can be met, therefore, no variances should be required. The house is well above the minimum building elevation and no sewage load is being added. A discrepancy was found and should be cleared up before the permit is issued. The site plan shows the addition projection 20 feet from the existing house leaving a 105 foot setback from the water. The architectural drawing shows the scaled length of the addition to be 25 feet plus a 5 foot wide deck leaving a 95 foot setback where 100 feet is required. Mr. Nelson will get back to the City office if,,wants to proceed with the variance application and then N(= LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 PAGE 5 the public hearing will be scheduled by the City staff. M/S/P Christ/Morgan - to approve a shoreland permit for Jeff Nelson at 8012 Hill Trail N, for the addition to an existing structure. (Motion carried 5-0). 8. Shoreland Permit: Thomas Mechelke, Lot 1 Block 4 Foxfire Estates Mr. Mechelke proposes to build a new house at 9090 Jane Road North. Since this property is within 1,000 feet of the north shore of Lake Jane, shoreland regulations apply. FINDINGS OF FACT: 1. That Lot 1, Block 4 is 1.14 acres in size where 1.5 acres is required. When Foxfire Estates was platted, the lot area requirement was 1.0 acres. 2. That percolation tests and soil borings were conducted which show that there are no limitations on the soils. 3. That the site plan supplied with the soils report shows that all setbacks can be met. 4. That the hardship is that the area is completely subdivided and there is no additional land available to increase the lot size. 5. That the application meets all of the Shoreland Regulations except for lot size and City Engineer Bohrer recommends a variance should be granted for lot size. City Administrator Overby will work on matching the Shoreland Permit Ordinance to the City Zoning Ordinance. M/S/P Morgan/Dunn - to approve a Shoreland Permit for Thomas Mechelke for Lot 1, Block 4, Foxfire Estates and schedule a public hearing for August 5, 1986 for a lot size variance in the Shoreland District. (Motion carried 5-0). 9. Public Hearing Proposed Amendments to Charitable Gambling Ordinance Mayor Morgan opened up the public hearing in the Council chambers at 8:00 p.m. The Charitable Gambling Ordinance was adopted by the City Council at the June 3, 1986 meeting. Part of the approval included asking the Planning Commission for their recommendations to be discussed at a public hearing. John Hughes, Lake Elmo Jaycees, presented a slide program on the background of the Lake Elmo Jaycees and their contributions to the community and spoke in support of the Lake Elmo Charitable LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 PAGE 6 Gambling Ordinance and against all the proposed amendments. Dan Novak, Planning Commission member, stated that the Lake Elmo Jaycees have been so successful over the years without the need of Charitable Gambling. For this same reason, he doesn't understand the need now for Charitable Gambling other than raffles. It's his belief that by liberalizing our Charitable Gambling Ordinance we are compromising our value system for a fast buck and because everyone else seems to be doing it. Tim Fitzpatrick, Chairman of the Fall Festival at Guardian Angels Church, would find the second and third amendments restrictive and would like more clarification on the fourth amendment. He asked why do we have to be more legal than the State of Minnesota. Marge Williams, Planning Commmission Member, spoke in support of the Charitable Gambling amendments. Todd Williams voiced a concern that any charitable organization not based in Lake Elmo could come into the City and run Charitable Gambling and this should be restricted. City Attorney Knaak added that Item 4. could be found illegal if challenged. Terry Needham, Lake Elmo Jaycees stated that they do not plan on bringing any gambling devices outside of a building. He added that they will be paying the Twin Point Tavern a percentage for using their establishment. Councilwoman Armstrong felt that charitable gambling organizations should provide the City of Lake Elmo with a copy of their monthly report and any other reports to the State Charitable Gambling Control Board. Mayor Morgan closed the public hearing at 8:45 p.m. M/S/P Morgan/Christ - to delay action on the proposed charitable gambling amendments until the July 15, 1986 City Council meeting. (Motion carried 5-0). 10. CITY ATTORNEY'S REPORT A. Water Safety on Lake Elmo Because of an accident involving a rowboat and motorboat operating on Lake Elmo on Sunday, June 8, 1986, the Council discussed the safety of boating on the lake. Since the opening of the Park Reserve, the traffic on the lake has increased and the Council would like to propose some restrictions that would possibly help prevent accidents of this nature in the future. Another concern was the water patrol of this lake, as it was pointed out that there is only one full-time water patrol officer for all of the county lakes, which includes Lake Elmo. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 PAGE 7 City Attorney Knaak handed out the authorized state statutes and regulations on surface water use. He added that the City can regulate surface water use on Lake Elmo by ordinance with the approval of the DNR Commissioners. A suggestion was made to have a public hearing involving Lake Elmo lake residents to determine the regulations they would like to see on the lake. City Attorney Knaak will draw up a draft ordinance to be reviewed by the City Council before a public hearing is scheduled. M/S/P Dunn/Armstrong - to have a staff update on water safety on Lake Elmo and existing local ordinances. (Motion carried 5-0). 11. CITY ENGINEER'S REPORT A. Derrick Land Company: Results of Percolation Tests City Engineer Bohrer reported in his report dated June 26, 1986 written to the Mayor and Council that the monitoring is now complete and the results are attached to this report. The critical elevation for these sites based on the approved grading plan is 974.0. Two consecutive water level readings above 974.0 in any of the observation wells would classify the site as unacceptable. The results show that all of the lots are unacceptable to varying degrees. City Administrator Overby handed out a letter written by Mr. Roger Derrick's Attorney Christopher J. Diet-zen dated June 27, 1986. Mr. Roger Derrick, who was accompanied by Doreen McClellan, acknowledged that all four tests failed. He felt they failed because the grading was not completed and because April was one of the wettest months on record. His engineers have reviewed the grading plan and have approved it. He added that it is Derrick's intentions to complete the grading work before the grading permit expires this Fall (November 19, 1986). He will add more fill, put topsoil on and seed it so it looks good and would like this to set another winter so percolation tests can be taken next Spring. Mr. Derrick showed the City Council an illustration of how the filled lots would look. City Engineer Bohrer stated that, from an engineering standpoint, he could not predict today the results of the grading plan for next Spring. M/S/P Christ/Dunn - to table final action on the Derrick Landfill permit (Lots 1-4, Block 2, DeMontreville Highlands 3rd Addition) until the July 15,1986 meeting. (Motion carried 5-0). B. Sunfish Lake Pumping At the City Council's direction, City Engineer Bohrer has continued to search for a suitable location to dispose of excess Sunfish Lake water by pumping and infiltration. There appears to be a suitable 40 acre parcel in the Washington County Regional LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 PAGE 8 Park located just south of the C&NW Railroad and west of Kelvin Avenue. Bohrer indicated he had verbal approval from Park Director Jack Perkovich. The land is rented to Paul Bischoff and planted in corn. Mr. Bischoff is also in same Federal Program that pays $100 per acre, in addition to the profit from the corn itself. Mr. Bischoff is not opposed to the City using this land for infiltrating water, as long as he is compensated for his loss. For the purpose of this estimate, he is assuming that up to 20 acres could be ruined, at a cost of up to $300 per acre. The pump could be set up on the south side of TH5 and the pipe laid along the right-of-way. A culvert would have to be bored under the railroad. The revised project cost is as follows: Pump, pipe, fuel per VBWD estimate $28,500 to $33,200 Bore culvert under railroad $6,000 Crop damage, 20 acres @$300 $6,000 Total Estimated Project Cost $40,500 to $45,200 Assessing the cost over the 534 parcels that were originally assessed in the City's Lake Jane pumping projects would give estimated assessments ranging from $76 to $85 per parcel. C. Water Problems on Lake Jane, Legion Pond Jim Weyer mentioned that the 509 Plan might be detained about two weeks becauuse of a lawsuit filed by the City of Lakeland against the 509 Plan. He sees April or May as a first date the water would flow out of Lake Jane from improvements by the watershed project. The water level of Lake Jane has risen to 926.7 (as of June 25th) and is continuing to rise about 1 inch per day. The elevation on the 25th is two -tenths of a foot above the record level of July, 1985. At least 10 homes on Lake Jane are below the current lake level, according to Jim Weyer. There was discussion from the Legion Pond residents on whether to consider the pumping of water from Legion Pond to Lake Elmo and assessing landowners in the subwatershed (about 80 acres). Don Clausen proposed to do the pumping himself because he did not want anyone coming onto his property and taking down his fence like the last time. It was pointed out by City Administrator Overby that a City can apply for up to $15,000 in state funds, which would have to be matched equally by local funding. The Council felt that this source of assistance could be beneficial for both Lake Jane and Legion Pond property owners. The City will apply for a grant offered by the DNR for flood related projects, if the matching local funds can be obtained. M/S/P Mazzara/Morgan - to hold a public improvement hearing on July 21, 1986 at 7:30 to consider the pumping of water from Legion Pond to Lake Elmo and assess landowners in the subwatershed LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 PAGE 9 district. (Motion carried 3-2<Dunn: proving benefit is very difficult in order to collect on the assessments; Armstrong). D. Petition for Street Vacation: Unpaved, westerly 200 feet of Jane Road North Mr. Skalbeck is requesting that the City vacate that portion of Jane Road North which abuts the William Bloyer property on the south and the Maistrovich property on the north. Mr. Skalbeck would not be a direct beneficiary of the street vacaton. However, Mr. Skalbeck desires to gain control of the road so that he can pave and otherwise improve the unpaved portion to be vacated. To do this, Mr. Skalbeck would have to make arrangements with his neighbors, after the vacation was approved. City Engineer Bohrer explained that a public hearing is required to vacate this street. If it is vacated, half goes to the north and the other half to the south and it would have to be a retained easement. Bohrer also asked if the City would ever connect Jane Road with the Hidden Bay area. The City staff and the interested residents will try to look for some solution, perhaps on a short term basis. M/S/P Morgan/Mazzara - to extend the City Council meeting until 11:30 p.m. (Motion carried 5-0). E. City Well Maintenance Situation The Old Village well pump and motor have been experiencing maintenance problems. This was explained in Larry Bohrer's letter to the Council dated June 25, 1986. The money to purchase a new motor will be drawn out of the water bond account. M/S/P Christ/Mazzara - to authorize the purchase of a new motor for the City's municipal water system in the amount of $4,780 per Larry Bohrer's letter dated June 25, 1986. (Motion carried 5-0). 12. CITY ADMIISTRATOR'S REPORT A. Fire Department CIP and 1963 Scout Fire Chief Fran Pott handed out and explained a draft of the 1986-1990 Capital Improvement Plan for the Fire Department. Pott noted that there is nothing in the plan for providing service to Sections 32-33, and no unusual service capability in the Regional Park. This Fire Department CIP will be looked over and discussed at a future date. The 1963 Scout which will be used by the Building Inspector will be looked into by City Administrator Overby and City Attorney Knaak. Councillor Christ will assist in resolving how the Building Inspector will be allowed to use the vehicle. B. Maintenance Personnel Evaluation & Salary Increase LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 PAGE 10 Michael Bouthilet has been working in the position of General Maintenance Worker since November 25, 1985. Based on Mike's performance and abilities, City Administrator Overby recommends that he be given a 4% raise to $10.43 per hour retroactive to May 25, 1986. M/S/P Mazzara/Christ - to approve a 4% raise for Michael Bouthilet to $10.43 per hour retroactive to May 25, 1986. (Motion carried 5-0). C. City Assessor Contract Frank Langer offered to handle the assessment services for Lake Elmo at a rate of 10% below the County's current rate of $4.40 per parcel ($3.96). Mr. Langer will start work in mid -July. M/S/P Dunn/Mazzara - to adopt Resolution 86-40 to approve the assessment contract between Frank Langer and the City of Lake Elmo. (Motion carried 5-0). D. Joint City Council -Planning Commission Meeting On July 28th, a joint meeting of the Planning Commission and the City Council will be held. This will provide an opportunity for the City Council to give input on the Comprehensive Plan to the Planning Commission members so they know their ideas will be supported later at the Council review and approval phase. It was decided that the Erickson representatives should wait with presenting their concept plan until the City Council can act on it after the Development Moratorium has ended. E. City Office Building Arlyn Christ presented various color schemes for the exterior surface of the building. The brown roof was chosen by the City Council for the new City Building. City Administrator Overby will present the various color schemes to the Brookfield people. Councilman Christ added that it appears we are under budget on material costs and everything looks good. F. Reid Park Mike Mazzara reported that the backstop is up at Reid Park. He has talked to Howard Durand of the School District and Mr. Durand expressed interest in an extra ballfield. They would improve the field if we let them use it. The Council felt this proposal makes sense, but had some questions. City Attorney Knaak could write-up an agreement. City Administrator Overby will ask the Parks Commission for their recommendation. G. Composting Contract City Administrator Overby will look into securing a check for Boy Scout Troop 162 for work done at the Compost site. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 1986 PAGE 11 M/S/P Christ/Mazzara - to approve the composting contract with Washington County. (Motion carried 5-0). 13. Adjourn M/S/P Christ/Mazzara - to adjourn the City Council meeting at 11:45 p.m. (Motion carried 5-0).