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HomeMy WebLinkAbout07-15-86 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. AGENDA LAKE ELMO CITY COUNCIL JULY 15, 1986 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: July 1, 1986 3. Claims 4. Public Inquiries 5. Candidate Interviews for Parks & Planning Commissions 7:30 p.m. 6. Public Hearing : Request for Variance to allow horses on less than 10 acres in an R-1 zone; Ron and Grace Colosimo, 8896 Jane Road North. 7. Shoreland Permit: Mike Wagner, 9040 Lake Jane Trail N. 8. Shoreland Permit and Variances: Maurice McCollar, 8034 Hill Trail North 9. Yard Waste Collection and Processing ----------------------------B R E A K ------------------------------- 10. Proposed Amendments to Charitable Gambling Ordinance 11. CITY ENGINEER'S REPORT A. Derrick Land Company Fill Permit B. Lake Elmo Heights -Partial Release of Escrow 12. CITY ADMINISTRATOR'S REPORT A. Accept 1985 City Audit B. Parks Projects -Parks Commission Recommendations C. General Safety Survey of City Facililties D. Public Works Department Needs E. City Hall Building 13. Adjourn LAKE ELMO CITY COUNCIL MINUTES JULY 15, 1986 Mayor Morgan called the meeting to order at 7:03 p.m. in the City Council chambers. Present: Morgan, Armstrong, Christ, Dunn, City Administrator Overby, City Engineer Bohrer and City Attorney Knaak. Absent: Mazzara 1. Agenda M/S/P Armstrong/Dunn - to approve the agenda for the July 15, 1986 City Council meeting as presented. (Motion carried 4-0). 2. Minutes: July 1, 1986 City Attorney Knaak recommended that the Findings of Fact be combined and action be delayed on the McCollar application until the July 15, 1986 meeting. M/S/P - Dunn/Armstrong - to approve the July 1, 1986 City Council minutes as amended. (Motion carried 4-0). 3. Claims Councilwoman Armstrong commented in regard to the League of Minnesota Cities annual membership dues that we should check into other insurance possibilities. M/S/P Christ/Dunn - to approve the July 15, 1986 claims #87525 thru #87577 as presented. (Motion carried 4-0). 4. Public Inquiries Parks Commission member Bill Osborn asked about the status of the 201 Program. City Engineer Bohrer reported that they have received authorization from the MPCA to award the contracts. The schedule would include the contracts being awarded in July with the contractors starting in August with a flexible schedule to take the worse ones first. 5. Candidate Interviews for Parks & Planning Commissions Steven DeLapp expressed his desire to be on the Lake Elmo Planning Commission. He further added that in residential living you don't have to have a mixture of factories, people and 24-hour shopping centers. He favors the present balance and hopes that land use changes would not be permitted to harm the unique character of this City. M/S/P Dunn/Armstrong - to move Barbara Haccke from Second Alternate to First Alternate of the Planning Commission. (Motion carried 4-0). M/S/P Morgan/Christ - to appoint Gloria Knoblauch as First Alternate LAKE ELMO CITY COUNCIL MINUTES JULY 15, 1986 PAGE 2 and Scotty Lyall as Second Alternate on the Lake Elmo Parks Commission. (Motion carried 4-0). M/S/P Dunn/Morgan - to appoint Steven DeLapp on the Lake Elmo Planning Commission. (Motion carried 4-0). 6. Public Hearing Request for Variance to allow horses on less than 10 acres in an R-1 zone; Ron and Grace Colosimo, 8896 Jane Road North. Mayor Morgan called the public hearing to order at 7:35 P.m. in the City Council chambers. They want to have four horses on their 5 acres of property. There were cows in 1978 and horses in 1979 and 1980 on this land. Their land is located in an R-1 zoning district, near the intersection of Jamaca Avenue North and Jane Road North, immediately west of Springborn's Green Acres development. The Colosimo's have attempted to buy 20 acres from Howard Springborn, but he has no desire to sell even five acres. FINDINGS OF FACT 1. That public notice was duly sent and published. 2. Tony Maistrovich, a neighbor, had no objections to this request. 3. Horses are not a permitted use in the R-1 zoning district. Mayor Morgan closed thee public hearing at 7:53 p.m. M/S/P Morgan/Dunn - to refer this to the Planning Commission because to consider rezoning the five acres to R-R in order to have horses would require amending the minimum lot size required by the zoning ordinance. This can be discussed now because they are reviewing the 1979 Zoning Ordinance. (Motion carried 4-0). 7. Shoreland Permit: Mike Wagner, 9040 Lake Jane Trail N. Mr. Mike Wagner proposes to build an addition on to the east side of his house which is located on the south shore of Lake Jane at 9040 Lake Jane Trail. This item was before the City Council last fall. Due to the high water levels on Lake Jane and the uncertainty as to the final elevation of the water after the 509 Project was complete, all action on this shoreland permit application was tabled until these items were resolved. Mr. Wagner has asked the City Council to remove the request from the table and act on it so that he can begin to make plans for his addition. Although Mr. Wagner dial not appear before the City Council, he had told the City Staff that he has no intention of building until the water level recedes. Mr. Wagner wants the shoreland permit- so that everything is ready to go when he decides it's ready. City Engineer Bohrer stated that he feels acting on the permit is LAKE ELMO CITY COUNCIL MINUTES JULY 15, 1986 PAGE 3 still premature at this time. The items required in the permit which are a possible setback variance from the water and a possible variance for building elevation are still in a state of flux until the 509 Project is complete. M/S/P Christ/Dunn - to table the shoreland permit by Mike Wagner at 9040 Lake Jane Trail until the 509 Project is complete and until it can be determined if any variance is required. (Motion carried 4-0). 8. Shoreland Permit and Variances: Maurice McCollar, 8034 Hill Trail N. On July 1, 1986 Mr. Maurice McCollar came before the City Council in public hearing for the purpose of requesting a variance to the Lake Elmo City Code to construct an attached garage to his house at 8034 Hill Trail. Based on the testimony and other evidence adduced at the hearing, the City Council made the following Findings of Fact (See Appendix A). Mr. McCollar now states that the lot to the south has been transferred to another individual on July 3, 1986. M/S/P Dunn/Morgan - to deny the application of Maurice McCollar for a Shoreland Permit and variance to add a garage to an existing structure at 8034 Hill Trail N. based on the foregoing facts as determined by the City Council at a public hearing. (Motion carried 4-0). 9. Yard Waste Collection and Processing Rick Groomes has met with John Madole in regard to the Maroney-Eisenger proposal, collecting yard waste from the trash and composting it. The proposalhas been found to be compatible with the goals and objectives of the County Solid Waste Master Plan. The County will not give any recommendation until they see this plan in writing. Councilman Dunn will meet with John Madole and Rick Groomes to discuss possible duplication of sites, how this would fit into our composting program and the possibility of bringing Oakdale into this composting program. 10. Proposed Amendments to Charitable Gambling Ordinance The proposed amendments to Section 1104 of the Lake Elmo Municipal Code were discussed. The following amendments were approved: 1. Limit charitable gambling to permanent, year-round licensed liquor establishments, fraternal organizations or churches all of which are currently established and operating in Lake Elmo. 2. Gambling would be restricted in areas specified in permit. 3. State Law 7860.0290 - No person under age 18 may conduct or participate in playing the games of pulltabs, tipboards or paddlewheels. 4. Upon request, charitable gambling organizations shall provide the City of Lake Elmo with a copy of their reports to the LAKE ELMO CITY COUNCIL MINUTES JULY 15, 1986 PAGE 4 State Charitable Gambling Control Board. M/S/P Morgan/Christ - to adopt Ordinance No. 7978 amending Section 1104 Charitable Gambling of the Lake Elmo Municipal Code. (Motion carried 4-0). 11. CITY ENGINEER'S REPORT A. Derrick Land Company Fill Permit The City Council reviewed all of the previous information on the Derrick Fill Permit and reviewed the Council Meeting minutes of November 19, 1985 when the permit was issued. One of the conditions of the permit was that if the sites turn out to be not buildable, that they be restored to their pre -fill conditions. The Council decided to put Derrick on notice that prior to November 19, 1986 the City expects Derrick Land Commpany to remove the fill which was placed on the four lots and restore the area to the "original condition as when the plat was accepted by the city" since the percolation tests failed and thus the lots are not considered buildable. M/S/P Armstrong/Dunn - to direct the staff to send a letter to Derrick Land Company indicating that the City Council will not renew the building permit for grading and. filling when it expires on November 19, 1986. (Motion carried 14-0). B. Lake Elmo Heights - Partial Release of Escrow City Engineer Bohrer reported that the developers for Lake Elmo Heights have entered into a developer's agreement and provided the required letter of credit in the amount of $54,600.00. A substantial portion of the grading and some of the turf restoration has been completed, and the developer has submitted evidence that he has paid his contractors for his work. Bohrer stated that he has reviewed the work and the invoices submitted by the developer and recommends that a partial release of $27,600.00 be paid to the developer. This will leave a remaining balance in the letter of credit of $27,000.00. M/S/P Christ/Dunn - to grant a partial release of the escrow in accordance with the City Engineer's recommendaton. (Motion carried 4-0). 12. CITY ADMINISTRATOR'S REPORT A. Accept 1985 City Audit Voto, Reardon and Tautges have completed their audit of the City's financial records for 1985. The City Council reviewed the Annual Financial Report and suggested that Pages 36 and 37 should be taken into account when the budget is being done. M/S/P Dunn/Armstrong - to accept the 1985 Financial and Management Report as prepared by Voto, Reardon and Tautges. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES JULY 15, 1986 PAGE 5 B. Parks Projects -Parks Commission Recommendations Pebble Park Fountain : The Tri-Lakes Association is still willing to contribute 50 to 500 towards this project. The cost of a vandal -proof fountain is approximately $953.00 and would be located near the northwest corner of the tennis courts. The water in the well needs to be tested to be sure it is still drinkable. There is $5,700 budgeted in the 1985 Parks CIP which should be carried forward to the 1986 CIP. M/S/P Christ/Morgan - to use the Parks Capital Inprovement Funds and the Tri-Lakes Associaion donation and proceed with the installation of the Pebble Park Fountain. (Motion carried 4-0). Reid Park Softball Infield : The Parks Commission recommended that the infield be left as -is" and to not develop it further. The consensus of the City Council was to not develop the infield because the school district could still use it "as -is" for the present time. Replacement of Old Tractor : Parks Commission members Nancy Hansen and Bill Osborn voiced their concern that the park trails are not being maintained as well as they might be because the City's Massey Ferguson tractor is not safe to operate and cannot cut the desired 4-foot trails in DeMontreville Park. The Maintenance Department recommended a John Deere 950 from Polfus Equipment in New Richmond due to their service, parts and proximity to Lake Elmo. It was suggested that funds could be taken from the Maintenance budget rather than take it all out of the Parks funds. M/S/P Morgan/Dunn - to authorize the purchase of a John Deere 950 from Polfus Equjpment in New Richmond, with the specific equipment that is absolutely needed for the park, based on the City Maintenance Foreman's and Parks Commission's recommendation. (Motion carried 4-0). C. General Safety Survey of City Facilities The Employee Benefit Administration Company handles the City's insurance coverage with the League of Minnesota Cities Insurance Trust. EBA has inspected the City's Water Treatment Facility, Fire Hall and the City's Maintenance Shop. The recommendations listed in their report dated May 20, 1986 to City Administrator Overby was reviewed. M/S/P Dunn/Morgan - to approve purchase and installation of a power roof ventilator and a parts cleaning unit contingent upon the most economical solution to this situation. (Motion carried 4-0). D. Public Works Department Needs Maintenance Foreman Dan Olinger has indicated the need to purchase the following replacement equipment items: 1. New deck for the Toro mower $2,140.00 2. Exhaust muffler for 1-ton truck 50.00 LAKE ELMO CITY COUNCIL MINUTES JULY 15, 1986 PAGE 6 3. Two dozen orange cones $ 72.00 TOTAL 2,2 2.00 Councilman Dunn questioned if we could have a record of the hours we spend in parks mowing in a season. M/S/P Christ/Morgan - to authorize the above expenditures for Public Works replacement equipment. (Motion carried 4-0). E. City Hall Building Mayor Morgan acknowledged the leadership and work of Arlyn Christ and Bruce Dunn on the new City Hall Building. The Brookfield partners agreed that they prefer the tan -colored walls and brown roof, with no color accent on the roof edges. They also raised an objection to the City's plans to provide six parking spaces with direct access from the private road. This could present a problem if the City would later decide to accept the road as a public street. City Administrator Overby presented a letter written by Don Raleigh to Jack Zignego dated July 14, 1986 voicing their objections to the City's volunteer construction crew using their restroom in the building because of the extra mess that needs to be cleaned. The construction crew will be advised to stay out of the Brookfield Building. Councilman Dunn reported the donation of a flag and flag pole for the new City Hall from Tom Keller, Jr. in memory of Tom Keller, Sr.. M/S/P Dunn/Christ - to adjourn the City Council meeting at 9;25 p.m. (Motion carried 4-0). " 5I111 _ . WT On July 1, 1986, Mr. Maurice Mccollar came before the Lake Elmo City Council in public hearing for the purpose of variance to the Lake Elmo City Code to construct an attached garage. Based on the the testimony and other evidence adduced at the hearing, the City Council makes the following: �aEi�i�}fi[ebYi]aia1:L�� 1. That public notice was duly sent and published. 2. That there is no written consent or agreement from the neighbors regarding the attached garage. 3. That the McCollar property consists of two contiguous parcels. The northerly parcel (House No. 8034) consists of 0.12 acres and the southerly parcel (House No. 8042) consists of 0.46 acres. The combined total area is 0/58 acres. 4. That since all of the contiguous land is considered one parcel in the Code, the property in question contains two principal structures. 5. That the garage is proposed to be located 81 feet from the MOHW where 100 feet is required, although the garage is to be located behind the house as viewed from the lake. 6. That the site plan shows the garage will be 95 feet from the street - - only 30 feet is required. 7. That the site plan states that the proposed additions will be about 23 feet above the lake which exceeds the minimum building elevation. 8. That ordinarily the septic system is not evaluated for a garage, but in the case of very small lots, a garage and driveway may occupy land which might be used for an alternate drainfield site. McCollar stated that the sanitary septic system was brought up to Lake Elmo standards in 1965 or 1977. 9. That Mr. McCollar's argument that a garage in Minnesota is taken for granted does not establish a hardship and that the house in question has been without a garage until the present without any clear hardship rsulting therefrom. 10. That economic consideration alone cannot serve as the basis of a hardship. 11. That Mr. McCollar offered no specific reason or argument other than economic why placing a garage on an undersize lot should be permitted. 12. That the neighborhood surrounding the proposed site is one of smaller than average lots and greater than average density in the City as established by the comments expresssed by neighbors present at the hearing. 13. That Mr. McCollar did not establish that allowing the variance would not adversely affect traffic patterns and safety in the neighborhood. DISPOSITION Based on the foregoing FACTS as determined by the City Council at a public hearing, the City Council denies the application of Maurice McCollar for a Shoreland Permit and variance to add a garage to an existing structure at 8034 Hill Trail N. C