HomeMy WebLinkAbout11-05-86 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
NOVEMBER 5, 1986
7:00 p.m. MEETING CONVENES
1. Agenda
2. Minutes: October 21, 1986
3. Claims
4. Public Inquiries
7:30 p.m. 5. Public Hearing : Variance to the 100 foot Setback
from the Normal High Water Mark, David Schwartz,
10961 32nd Avenue N.
7:45 p.m. 6. Public Hearing : Variance to the 30 foot Setback
from a Public Road; William Molitor,
9133 Jane Road N.
7. CITY ENGINEER'S REPORT
A. Street Overlay Project
B. 201 Program
8. CITY ADMINISTRATOR'S REPORT
A. Nomination to Valley Branch Watershed Board
B. Clearance of Trees and Stumps in Sunfish Park
9. Adjourn
LAKE ELMO CITY COUNCIL MINUTES RI PRM11"N'l
NOVEMBER 5, 1986
Acting -Mayor Arlyn Christ called the City Council meeting to order at
7:06 p.m. in the City Council chambers. Present: Christ, Armstrong,
Dunn, Mazzara, City Engineer Bohrer, City Attorney Knaak and City
Administrator Overby. Absent: Morgan
1. Agenda
Add: 8C. Two Planning Commission Vacancies, Delete: 7A. Street
Overlay District, 8A. Nomination to Valley Branch Watershed Board
M/S/P Dunn/Armstrong - to approve the Agenda for the November 5, 1986
City Council meeting as amended. (Motion carried 4-0).
2. Minutes: October 21, 1986
M/S/P Dunn/Ma.zzara - to approve the October 21, 1986 minutes as
amended. (Motion carried 4-0).
3. Claims
M/S/P to approve the November 5, 1986 claims #87928 thru #87983 as
presented. (Motion carried 4-0).
4. Public Inquiries
Ed Gorman, owner of the White Hat Restaurant, explained he had just
received condemnation papers on the proposed site behind his
restaurant. Gorman asked what took so long and did the City election
have an influence on this? City Attorney Knaak responded that the
condemnation procedure they have to go through is a very elaborate,
careful one which was followed in this case. Knaak reassured Gorman
that it had nothing to do with the election. City Administrator
Overby stated that the order applied to several parcels and easements
and they were filed at the same time.
Mike Severin clairified that the fairness of the land condemnation is
decided by the judge and not determined in the campaign literature
endorsing candidates. Severin asked City Engineer Bohrer if there was
any possibiity that the proposed septic system they put in his front
yard will contaminate ground water. Bohrer answered the only
guarantee is that the system is designed according to the latest City
and State codes, the soil was tested both for borings and
percolations, and it has the required area. It will be maintained and
monitored by the City, but there is no guarantee that it will not
contaminate the ground water.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1986 PAGE 2
5. Public Hearing : Variance to the 100 foot Setback from the
Normal High Water Mark, David Schwartz, 10961 32nd Avenue N.
Acting Mayor Arlyn Christ opened up the public hearing at 7:30 p.m. in
the City Council chambers.
Mr. David Schwartz proposes to convert an existing cottage on the
north shore of Lake Elmo to a year-round home. The cottage presently
has no septic system. Mr. Schwartz would like to add on to the rear
of the cottage to include a bathroom and to hook up to City water and
construct a septic system. The cottage is considered an existing
nonconforming use because of the small lot size and less than the
required lakefront setback, and is allowed to continue in its present
state.
Findings of Fact:
1. That this is a platted lot of record of 0.37 acres above the
NOHW. This lot is similar to the other lots in the area.
Shoreland regulations require 1.5 acres.
2. The cottage is 70 feet from the NOHW where 100 feet is
required.
3. The cottage is more than 3 feet above the High Flood Mark.
4. The septic system can meet the setback from the NOHW Mark
and it can meet the sideyard setback.
Bohrer reported that two of the soil borings were missing so it was
difficult to complete the review before the Council packet went out.
The applicant has provided the last two soil borings and it appears a
conventional in -the -ground type drainfield can be constructed in the
rear of the lot, away from the lake.
There would be one variance required which would be a variance from
the structure setback from the water. In a shoreland district, on a
recreational lake, the required setback is 100 feet. The cottage is
70 feet from the NOHW mark and the addition is on the street side of
the property so this does not increase the nonconformity, but a
variance is still necessary.
Mr. Schwartz had talked to his neighbors, Carol Kelm and Evelyn
Kramer, and they had no problems with the application.
Arlyn Christ closed the public hearing at 7:35 p.m.
City Attorney Knaak voiced no problem with the application and felt
hardship was established as there is not other land available.
M/S/P Mazzara/Dunn - to grant a shoreland variance to David Schwartz
at 10961 32nd St. N. to add his proposed addition contingent on City
Engineer's recommendations on the septic system. (Motioncarried 4-0).
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1986 PAGE 3
6. Public Hearing : Variance to the 30 foot Setback from a
Public Road; Robert Molitor, 9133 Jane Road N.
Acting Mayor Christ opened up the public hearing at 7:45 p.m. in the
City Council chambers.
Robert Molitor (agent for B.J. O'Sullivan, Jr. property owner) is
applying for a shoreland permit to construct a new septic system to
replace the existing system at 9133 Jane Road. Since this property is
on the north shore of Lake Jane, shoreland regulations apply.
City Engineer Bohrer reported that the old drainfield is probably on
the lake side of the property. The applicant proposes to re -use the
existing septic tank, install a pump station and construct a new
drainfield with drop boxes on the road side of the property.
The septic system as proposed can meet the applicable City Codes
except for setbacks. Bohrer pointed out the following variances would
be required:
1. Variance from Shoreland Regulations to allow a portion
of the drainfield at 65 feet from High Flood Mark where
75 feet is required.
2. Variance from Septic System Code to allow a portion of
the drainfield to be less than 10 feet from the street
right-of-way line. The proposed layout shows one trench
on the right-of-way line and one trench in the right-of-way
by 7 feet.
City Engineer Bohrer recommended that the variances be granted due to
the hardship that there is no other available land. City Attorney
Knaak felt that this hardship was legally sufficient. Bohrer sees no
adverse environmental effects by granting the variances.
In the case of Variance No.l, the purpose of the setback from the High
Flood Mark is protection of water quality. The lowest drainfield
trench in this case will be approximately 7 feet above the high flood
mark and will provide adequate sewage treatment.
In the case of Variance No.2, the purpose of the road setback is to
protect the drainfield from damage if the public utilities are
installed or the road widened. The closest trench is proposed to be
15 feet from the edge of the blacktop. There will be no damage to the
road from the placement of this drainfield trench. The applicant
should be advised, however, that the City cannot be responsible for
this drainfield trench if utilities are installed or the street
widened.
If the Council views these variances favorably, Bohrer recommends the
following conditions.
1. The existing septic tanks should be dug up and checked
for baffles and its condition. Inspection pipes should be
extended to 6 inches below the surface.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1986 PAGE 4
2. 200 lineal feet of 3 foot wide drainfield trenches is
required with 24" of drain rock below the distribution
pipes. Trenches shall be connected by drop boxes.
Bottom of trenches shall be 48".
3. The 50 foot well setback and 10 foot side yard setback
shall be maintained.
4. All other recommendations in accordance with Dale Eklin's
letter dated October 11, 1986.
Arlyn Christ closed the public hearing at 7:55 p.m.
M/S/P Armstrong/Dunn - to grant a shoreland variance for Robert
Molitor at 9133 Jane Road North to construct a new septic system
contingent upon the City Engineer's four conditions. (Motion carried
4-0).
7. CITY ENGINEER'S REPORT
A. Street Overlay Project
City Administrator Overby explained that the information needed was
not.all in and will be deferred for a future City Council meeting.
B. 201 Program
City Engineer Bohrer reported that Donald Mehsikomer, 11015 32nd
Street, and Eugene Siedow of Custom Molds, have asked to be withdrawn
from the 201 Program. These letters were passed onto the City
Council.
Bohrer pointed out that withdrawals this late in the program are of
concern because of the design costs already incurred for these lots,
amounting to about $800 each. If these costs cannot be assessed
because no work is done on their property, these costs may have to be
distributed among those still participating in the program, or paid by
the City.
The City Attorney will look into these requests and find out what
options the City may have.
8. CITY ADMINISTRATOR'S REPORT
A. Nomination to Valley Branch Watershed Board
The deadline for the nominations were November 4, 1986 to the County
Board.
B. Clearance of Trees and Stumps in Sunfish Park
Ted Cardozo of the North Star Ski Club wants to remove selected trees
and stumps on the cross-country ski trails in Sunfish Park. Proper
grooming and maintenance of the trails requires some tree cutting and
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 1986 PAGE 5
stump removal. The grooming equipment cannot function properly in
some areas where stumps and trees are in the way. Parks Chairman
Nancy Hansen has reviewed this with Ted Cardozo.
Ted Cardozo has a contractor available to remove stumps at a cost of
$10 to $15 per stump.
M/S/P Christ/Dunn - to approve spending up to $300.00 for stump
removal where necessary. (Motion carried 4-0).
C. Planning Commission Vacancies
As a result of the election on November 4, 1986, there will be two
Planning Commission vacancies. Arlyn Christ suggested advertising
these vacancies in the Lake Elmo Newsletter.
M/S/P Dunn/Armstrong - to direct the City Administrator to advertise
for two Planning Commission vacancies that will be coming up as of
January 1, 1987. (Motion carried 4-0).
M/S/P Armstrong/Dunn - to adjourn the City Council meeting at 8:00
p.m. (Motion carried 4-0).
FEF
LAKE
LMO
City of Lake Elmo 777-5510
3880 Laverne Avenue North / Lake Elmo, Minnesota 55042
N O T I C E
The November 4, 1986 regular meeting of the Lake Elmo City Council
falls on the same day as the General Election. For this reason,
the City Council meeting has been changed to 7:00 p.m., Wednesday,
November 5, 1986 in the Council Chambers at 3880 Laverne Avenue
North, Lake Elmo.
Robert Lee Overby
City Administrator
October 29, 1986