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HomeMy WebLinkAbout12-02-86 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 DECEMBER 2, 1986 7:00 p.m. MEETING CONVENES 1.. Agenda 2. Minutes: November 18, 1986 3. Claims 4. Public Inquiries A. Street Light Petition, Guardian Angels Church B. Water Problems on 31st Street, Area Residents 7:30 p.m. 5. Public Hearing : Request for Variance to Allow a Second Accessory Structure in the R-1 District; Request to Exceed the Maximum Square Footage for Two Accessory Buildings; Request to Exceed the Sideyard Setback -Russell Anderson, 3373 Lake Elmo Avenue N. 8:00 p.m. 6. Public Hearing : Request for Variance to the Size of an Accessory Structure in the RR District - Walter Goetschel, 11825 50th Street N. -------------B R E A 7. CITY ENGINEER'S REPORT A. Protected Waters Permit: Channel Crossing at Eagle Point Lake Inlet Channel., Washington County B. Resolution on CSAH 1.5 (Manning Avenue) C. Resolution for MnDOT Project on TH 36 (over) D. Shoreland Permit: Tartan Park E. Protected Waters Permit: Temporary Dewatering & Discharge to Eagle Point Lake 8. CITY ATTORNEY'S REPORT A. Castle Design Appeal Results 9. CITY ADMINISTRATOR'S REPORT A. Application by Med Plus Transportation Services for a scheduled advanced life support transportation service license k= APPROVED LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 1986 Acting Mayor Christ called the City Council meeting to order at 7:02 p.m. in the City Council Chambers. Present: Christ, Armstrong (arrived 7:08 p.m.), Dunn, Mazzara, City Engineer Bohrer, City Attorney Knaak, and City Administrator Overby. Absent: Morgan 1. Agenda Add: 9B. Cottage Grove Ravine Representative, 9C. Fire Department CIP: Tanker Purchase, 9D. Evaluation of City Administrator M/S/P Dunn/Mazzara - to approve the Agenda for the December 2,, 1986 City Council meeting as amended.. (Motion carried. 3-0). 2. Minutes: November 18, 1986 M/S/P Christ/Mazzara - to table the November 18, 1986 City Council minutes for added information. (Motion carried 4-0). 3. Claims M/S/P Dunn/Ma.zzara - to approve the December 2, 1986 claims #88067 thru #88131 as presented. (Motion carried 4-0). 4. Public Inquiries A. Street Light Petition, Guardian Angels Church (Amended 12-16-86) request The Church of Guardian Angels had presented the City with a f-arffia-1- petit-'ran for a street light at the intersection of Guardian Angels Avenue and 4th Street. The City Policy is that the petitioner pay the cost of installation and the City pay for the electricity cost. The City Council recommended that this request be passed on to the City Engineer for his review of the proposed area and to consult with NSP as to the electricity cost per year. The City Administrator will. clarify the City's Street Light Policy. A report will be brought back to the City Council at their next meeting. B. Water Problems on 31st Street, Area Residents Residents of the 31st Street area (Friedrichsvi.11e) wanted to discuss their water problems and ask for the support of the Mayor/City Council in their request to the Valley Branch Watershed District to order/petition for a drainage project to alleviate the high water. problems. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 1986 PAGE 2 City Administrator Overby reported that the residents had met with the VBWD at their last meeting. Nels Nelson was said to have indicated that a project could be designed to help that area. However, Overby thought that the residents misunderstood the managers' comments and bad the opinion that a project could be started. Allen Dornfeld had told Overby that this could not possibly happen since they need to be sure that the Project 1007 system is working properly before additional flow is allowed into that system. Dornfeld thought that 1 to 3 years might be needed to prove that the system was working properly. Rose Armstrong added that in the VBWD minutes it was stated that their Engineer was to report water and basement levels in that area back to the board. The City Council suggested that the City Administrator contact the person that requested this to be on the agenda and explain that the City Council was unable to address their concerns since nobody showed up for the meeting. 5. PUBLIC HEARING: Request for Variance to Allow a Second Accessory Structure in the R-1 District; Request to Exceed. the Maximum Square Footage for Sideyard Setback -- Russell Anderson, 3373 Lake Elmo Avenue N. Acting Mayor Christ opened up the public hearing at 7:38 p.m. in the City Council Chambers. Russell Anderson would like to build a new 30' by 32' (960 square feet) garage in the R-1 zoning District. This building would replace an existing second accessory structure (garage) that will be removed. A one-story detached residential garage up to 1000 sq.ft. is allowed under section 301.130 C. l.b. "Types of Accessory Buildings". The proposed garage is just under the limit at 960 sq.ft. 1. A variance to allow the second accessory structure (the new garage) would be needed, as Section 301.130 C. 14 "Number of Accessory Structures" indicates that only one building is allowed. 2. A variance to exceed the maximum square footage for two accessory buildings would be needed. The new garage and the existing storage shed. have a total square footage of 1482, where the code allows up to 1000 total square footage. 3. A variance from the sideyard setback of 10 feet would be needed to allow the new garage to be built in the location indicated on the site plan. The plan indicates that the garage would be approximately 6 feet from the side yard property line. Mr. Anderson stated he was not willing to take down the 18 x 29 storage shed. He would like the larger building because he has LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 1986 PAGE 3 plans for retirement and needs the extra room for his hobbies. A hardship given was the inability to use the current garage for vehicle turnaround, but there was not a hardship given for the size variance. If the garage was made smaller, it could meet the sideyard setback. City Attorney Knaak suggested amending the accessory building code to allow it later. Arlyn Christ closed the public hearing at 7:45 p.m. Because there was no hardship stated for the size of building, Mr. Anderson stated he would come back with a revised plan before Spring. 6. PUBLIC HEARING: Request .for Variance to the Size of an Accessory Structure in th RR District -- Walter Goetschel, 11825 50th Street N. Mr. Walter Goetschel wants to build an accessory structure to serve as a machine shed to shelter farm equipment, lawn mowers, a wood splitter, tractors and snow removal equipment. This type of accessory structure is referred to in the City Code (Section 301.130 C.) as a "Detached Rural Storage Building". A building of this type is allowed up to 1000 sq.ft. in size, if it is located on a parcel less than 10 acres, which is the case here (5 acres). Acting Mayor Christ opened up the public hearing at 8:00 p.m. in the City Council. Chambers. Mr. Goetschel was not sure if he would build this Winter. He could not come up with a hardship for approval of the variance request. Councilman Mazzara explained that the intent makes sense, but the request is for a building three times larger than the code allows. Councilwoman Armstrong suggested to Mr. Goetschel to see if he could add on more acreage onto his .five acres. This would enable him to build a larger building. Will Turnbladh, neighbor, stated he had no objections to this request. Arlyn Christ closed the public hearing at 8:05 p.m. Arlyn Christ suggested tha.t the Planning Commission consider the code amendments to pro -rate accessory building size for over ten acres. M/S/P Armstrong/Dunn - to deny a request for a Variance to the Size of an Accessory Structure in the RR District from Walter Goetschel, 11825 50th St. N. based upon no hardship was demonstrated. (Motion carried 4-0). The City Council suggested that Mr. Goetschel meet with the City Administrator to go over other possible options. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 1986 PAGE 4 7. CITY ENGINEER'S REPORT A. Protected Waters Permit: Channel Crossing at Eagle Point Lake Inlet Channel, Washington County The Washington County Parks Department has applied for a DNR permit to construct a culvert crossing at the inlet channel to Eagle Point Lake. The location of the proposed crossing is south of the intersection of 28th Street and Ivy Avenue on park property. The purpose of the crossing is to provide access to the northwest area of the park for maintenance vehicles. In the City Engineer's report of November 26, 1986 Bohrer stated that the crossing consists of 18 lineal feet of 42" x 24" arch culvert with aprons installed in the channel. with minimum granular fill over the top for a driving surface. This crossing will be under water during most spring runoffs, but be useable during summer and fall when park maintenance is done. Bohrer understands that the crossing was designed in coordination with. VBWD engineers so as to cause no backup of water outside of the park boundaries. On that basis, he has no objections to the stream crossing. City Engineer Bohrer recommended that the City comment to the DNR that the City has no objections to the crossing as long as no water is backed up off' the County park land and as long as the VBWD approves. M/S/P Christ/Dunn - to approve the Eagle Point Park Fork Channel Crossing, but to include the comment to the DNR that the City has no objections to the crossing as long as no water is backed up off the County park land and as long as the VBWD approves. (Motion carried 4-0). B. Resolution on CSAH 15 (Manning Avenue) The City Council had decided at the November 18, 1986 meeting to have the City Attorney review the language of the revised resolution and to have the City staff meet with West Lakeland supervisors to find out their desires on a possible agreement for maintenance of the existing Manning Avenue that will eventually be turned back to the City and township from the County. Mr. Dick Herold, Design/Construction Engineer, stated in his letter, dated December 2, 1986, that the County must maintain that portion of Manning Avenue within the township for 2 years after turnback. Since turnback cannot occur until the new road is operational, the earliest that the County can relinquish maintenance of Manning Avenue is late 1989. Work on new Manning Avenue should be completed in late 1987. Since the County must maintain the portion of Manning Avenue N. to be turned back to the township, they intend to maintain that portion of Manning Avenue N. to be turned back to the City for the same two years. City Engineer Bohrer and Foreman Dan Olinger meet with West Lakeland Township and discussed some maintenance difficulties. A LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 1986 PAGE 5 main concern is a turnaround in order to make it convenient for Lake Elmo to maintain. The State Aid Engineer confirmed that this extending of 20th Street meets the state aid criteria. Bohrer recommended approval of the resolution, and at a later date the city staff will work out a maintenance agreement with West Lakeland Township and bring it back to the City Council. M/S/P Mazzara/Dunn - to adopt Resolution 86-47 altering the designation of County State Aid Highway No. 15 (C.S.A.H. 15) within the corporate limits of the City of Lake Elmo and West Lakeland Township, based. on the recommendations of the City Engineer and City Attorney. (Motion carried 4•-0). C. Resolution for MnDOT Project on TH 36 MnDot is planning to replace the two old Soo Line Railroad bridges over TH 36 in 1987. The rail line was abandoned and has now become a DNR trail. The bridges are deteriorating and will be replaced with a large (concrete) culvert structure to allow the continued use of the trail. The work will be constructed one-half at a time in order to maintain traffic. The City's approval is required for any trunk highway work within its corporate limits. MnDOT has asked that the City Council approve the "Resolution for Layout Approval". City Engineer Bohrer has reviewed the plans for the work and recommends that the City Council approve the resolution. M/S/P Mazzara./Dunn - to adopt Resolution 86-48 for Layout Approval as requested by MnDOT and as recommended by the City Engineer. (Motion carried, 4-0). D. Shoreland Permit: Tartan Park The VBWD project now under construction will lower, the level of Horseshoe Lake and Tartan Park Ponds. Tartan Park would like to reclaim portions of the golf course that have been unusable for the last ten years due to high water. Two years ago, Tartan Park was granted a permit and installed a large storm sewer to enclose the flow between Elmo and Horseshoe Lake as it passes through the park. They would like to expand on this project by installing a new storm sewer between fairway #10 and #11 ponds where an open channel now exists. They would also like to extend the east and west ends of the 36" storm sewer which they installed in 1985 to improve the 9th tee. They want to coordinate this work with the VBWD project this winter while Horseshoe Lake is lowered for construction. This work is within the Shoreland District and Shoreland Regulations apply. City Engineer Bohrer has reviewed the construction plans for the work and it appears that the storm sewer is designed to convey the 100 year discharge from Lake Elmo, as it should be. Bohrer added, that since the entire drainage system must function together as one unit, the City's approval must be conditioned upon Tartan Park LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 1986 PAGE 6 receiving VBWD approval. No variances from the Ci.ty's Shoreland Regulations are required. Bohrer recommended that a Shoreland Permit be granted to Tartan Park for this work contingent upon Valley Branch Watershed District approval. M/S/P Dunn/Armstrong - to approve a Shoreland Permit for Tartan Park and recommend that the DNR grant Tartan Park a permit to work in protected waters as part of their storm sewer project; contingent upon Valley Branch Watershed District approval. (Motion carried 4--0). E. Protected Waters Permit: Temporary Dewatering & Discharge to Eagle Point Lake The Valley Branch Watershed District is applying to the DNR for a permit to remove surface and groundwater as they approach the Tri-Lakes area from their present work area north of TH 5. The permit would allow removal of this water as part of the drainage project. The water would be stored behind the new Eagle Point- Dam, presently under construction. They propose to store up to 92 acre feet at the Eagle Point Dam, at an elevation of 896.5. The stored water will be released when the outlet to the St. Croix River is completed. City Engineer Bohrer stated that this work is necessary for construction and will not impact the downstream areas. Therefore, he recommends the permit approval. M/S/P Christ/Armstrong - to approve the Valley Branch Watershed District request from the DNR for a Protected Waters Permit and forward these comments to the DNR. (Motion carried 4-0). 8. CITY ATTORNEY'S REPORT A. Castle Design Appeal Results City Attorney Knaak stated the appeal was heard in September and the State Appeals Court rendered a verdict entirely in the City's favor. Being that the City has prevailed on all the significant issues, this opinion will have significant impact on Lake Elmo law. Knaak stated that the substandard. lot size was a self-created hardship which didn't warrant granting of the variance. The owners knew they were buying a lot which didn't conform to city code regarding lot size and sewer requirements. Knaak thanked City Engineer Bohrer for his information, which was an important factor in the court's opinion. Castle Design does have thirty days in which to appeal. 9. CITY ADMINISTRATOR'S REPORT A. Application by Med Plus Transportation Services for a scheduled advanced life support transportation service license. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 1986 PAGE 7 The City Council decided not to comment on the application by Med Plus Transportation Services to the Metro Counci.l's Health Planning Board and the MN Dept. of Health for a license to provide scheduled advanced life support transportation service in order to transfer patients to or from all Health One care facilities in the seven -county metro area. B. Cottage Grove Ravine WMO Representative Mr. Tom Armstrong has served as the Lake Elmo representative, which is a non-paying position, on the Cottage Grove Ravine Water Management Organization since November 16, 1986. Mr. Armstrong has requested that he be re -appointed for the new term which will be for three years starting November 16, 1986. M/S/P Dunn/Mazzara - to reappoint Tom Armstrong to serve as Lake Elmo's representative to the Cottage Grove Ravine WMO for a three year term starting November 16?jl986. (Motion carried 4-0). C. Fire Dept. CIP - Tanker Purchase Chief Fran Pott explained their intention to ,proceed with the purchase of a new tanker truck in 1987, as scheduled in the Capital Improvement Program. The estimated cost of the truck is $75,000. The Fire Dept. pould like to keep the old tanker truck as opposed to selling it. The old truck and another unit would be placed in the old maintenance garage on Jamaca Avenue. The City Council confirmed that they would support the direction that the Fire Department was taking. D. Evaluation of City Administrator There will be an annual performance evaluation of the City Administrator on December 16, 1986 at 6:30 p.m., before the regular scheduled City Council meeting. Arlyn Christ will meet with Mr. Overby before this date because he will be out-of-town and will miss the December 16, 1986 meeting. E. Christmas Party The Christmas Party will be tentatively scheduled for Friday, January 2, 1987. M/S/P Christ/Mazzara - to schedule the Christmas Party for Friday, January 2, 1987. (Motion carried 4-0). M/S/P Dunn/Mazzara - to adjourn the City Council meeting at 9:07 p.m. (Motion carried 4-0).