HomeMy WebLinkAbout02-17-87 CCMLAKE ELMO CITY COUNCIL
FEBRUARY 17, 1987
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APPROVED
MINUTES
Mayor Christ called the City Council meeting to order at 7:02 p.m.
in the City Council chambers. Present: Christ, Armstrong
(arrived 7:10 p.m.), Graves, Johnson, Moe, City Engineer Bohrer,
City Attorney Knaak and City Administrator Overby.
1. Agenda
Delete: 6E. Planned Unit Development General Concept Plan, Add:
5B. Landfill Update by Dan Novak, 5C. Landfill Request for
Proposed Consultant
M/S/P Graves/Moe - to approve the Agenda for the February 17, 1987
City Council meeting as amended. (Motion carried 4-0).
2. Minutes: February 3, 1987
M/S/P Johnson/Graves - to approve the February 3, 1987 City
Council minutes as amended. (see 6D. Rezoning and Variance
Requests by Richard Kosman). (Motion carried 4-0).
3. Claims
City Attorney Knaak recommended that the City Council approve the
final payment (Claim #88456 $7500) to Washington County for the
purchase of the Lake Jane Landfill property.
Claim #88429 Rauenhorst, Carlson & Knaak is Grant Eligible -Land
Acquisition under the 201 Program.
M/S/P Johnson/Graves - to approve the February 1.7, 1987 Claims
#88400 thru #88472 as presented. (Motion carried 5-0).
4. Presentation of County Parks & Open Space System Plan -
Gary Horning
Gary Horning is Lake Elmo's representative to the Parks & Open
Space Commission. Gary presented City Administrator Overby with a
copy of the System Plan for all County Parks prepared by the
Washington County Parks and Open Space Commission. This plan was
adopted by the Washington County Board with the exception of the
Grey Cloud Area.
City Administrator Overby noted that Gary Horning helped Lake Elmo
get recognition in the system plan that there is a candidate
landfill site in the Lake Elmo Park Reserve. Horning added that at
their last parks commission meeting a resolution was adopted and
given to Dan Novak.
5. Water Safety Committee Report
LAKE ELMO CITY COUNCIL MINUTES PEBRUARY 17, 1987 PAGE 2
The Water Safety Committee has finished its review of water safety
concerns of Lake Elmo. The following were their recommendations:
1. Direct a letter, which the Committee has drafted, to the
Washington County Board of Commissioners and the Washington County
Sheriff's Department requesting an increase in law enforcement
services.
2. If above request is refused, hire off -duty sheriff for
weekend enforcement, out of City funding. The committee felt you
can have all the rules you want, but they would not do any good if
you cannot enforce them.
3. Post critical regulations at Pierre's Landing. Mike Polehna
has offered to make that sign for $30.00.
4. Eliminate counter -clockwise regulation.
5. Mail a copy of the City and State regulations to all
adjoining Lakeshore owners of all City lakes.
It is the Water Safety Committee's understanding that the number
of boaters using the St. Croix River and Washington county lakes
has more than trippled in the last twenty years, but the sheriff's
department water patrol manpower level has remained the same as it
was twenty years ago and has not been adjusted accordingly.
The Council decided to delay the request of hiring an off -duty
sheriff for weekend enforcement, out of City funds until deemed
necessary.
M/S/P Moe/Graves - to send a letter to the Washington County Board
of Commissioners recommending that they provide the necessary
funding/manpower, at least on weekends, in order to provide for a
safe environment, direct the City Administrator to set up a public
hearing for the elimination of the counter --clockwise regulation,
and post critical regulations atPierre'_s Landing and at the city's
convenience mail a copy of the City and State regulations to all
adjoining lakeshore owners of all City lakes. (Motion carried 5-0).
Mayor Christ- thanked Gary Horning and the Water Safety Committee
for taking time to come up with the recommendations.
B. Landfill Update- Dan Novak
Dan Novak informed the City Council that the legislation has been
drafted and they do expect to meet with Senator Laidig and
Representative McPherson to review this draft and discuss
strategies. A workshop with the County Board of Commissioners
will be held on Monday, March 2nd at 5:30 in the City Council
chambers. Even though the Council had approved a request to
allocate $2500 for hiring a geololgist, Novak and Williams have
found a. shortcut for getting the same type of information from the
Minnesota Geological Survey as soon as if they were to hire their
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1987 PAGE 3
own hydro -geologist. City Administrator Overby requested a report
from Doug Thomas of the Soil and Water Conservation District, on
analysis of the Regional Park landfill soils suitability.
M/S/P Graves/Moe - to set up a joint meeting between the Lake Elmo
City Council and the Washington County Board of Commissioners for
Monday, March 2nd, 1987 at 5:30 p.m. in the Lake Elmo City Council
Chambers. (Motion carried 5•-0).
C. Landfill Consultant Request for Proposals
City Administrator Overby explained this is a request to the
Washington County Board for authorizing issuance of the Request
for Proposals advertises for bids from consultants to conduct the
landfill environmental assessment and scoping process. The County
Board has postponed its consideration of this subject until the
day after its joint meeting with the Lake Elmo City Council on
March 2, 1987.
6. PLANNING. LAND USE. AND ZONING
A. Hanson CUP Amendment and Variances
This application was considered at the February 3, 1987 City
Council meeting. The City Council tabled its decision on this
application until this meeting.
M/S/P Graves/Armstrong - to remove from the table the Hanson CUP
amendment and variance request. (Motion carried 5•-0).
The following are the variance requests:
a. variance for size and number of accessory buildings.
b. variance to minimum lot size.
c. variance to front yard setback for accessory buildings in
Residential Zoning Districts.
Councilman Graves reaffirmed the willingness_ of the Hansons to
move the proposed location of the building closer to the front of
the existing building, which would eliminate one of the variances
that is required.
Mayor Christ recapped that there was some consideration given at
the last meeting about putting this building up would make a fine
interim use. He does not see this as a hardship or a
consideration. If the City wanted lots of that size or areas in
the City to have interim uses, it would be in our code and it is
not.
Mr. Pat Farrell, attorney representing the Hansons, explained that
the State law very clearly states the ordinance in itself can be a
hardship and this is a classic case of the ordinance itself being
a hardship. The Council is suggesting to the Hansons to buy more
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1987 PAGE 4
land, which is absurd. The State of Minnesota took off part of
that land. This particular overlay on the commercial business use
is an ordinance that is an overlay requiring 110 acres for an
agricultural use. These ordinances themselves have created the
hardship which you can find in this particular case.
Mr. Farrell asked City Attorney Knaak what the zoning is on this
property. Farrell has examined City Administrator Overby's
letter, and it is clear that this is business zoned. Farrell
stated that his suggestion to the Hansons was that the ordinances
and everything that has happened in this community have created
such a situation that rather than do the battle on the zoning,
they should apply for a variance to build a 40' x 60' accessory
building.
City Attorney Knaak responded that his understanding is the land
is zoned agricultural with a CUP. Mr. Farrell interrupted with:
"that is your understanding, but have you examined the question?
If you read City Administrator Overby's letter that ordinance has
never been revoked. This is an interim use, which is
non -offensive use, a use the planning commission looked at and
found to be an agricultural related use."
Councilwoman Armstrong tried to explain that the condition here is
a Conditional Use Permit which is granted by the City. Mr.
Farrell responded that he knew what a conditional use permit is
and what the requirements are, but he is suggesting that Minnesota
State law states that the ordinance itself can create a hardship.
It cetainly has created a hardship in this case.
City Attonney Knaak suggested that Mr. Farrell had well argued his
clients' position, and they did well to allow him to summarize his
point, but the Council's decision should be on the public hearing
that was held. Knaak further suggested that, although some
circumstances do exist as Farrell suggests where a city ordinance
can work a hardship, it is an open question whether this would be
one of those kind of situations. Mr. Farrell responded that this
question is to be determined by the Council.
Mayor Christ• felt this City had not caused an undue hardship to
the Hansons. They have a primary residence, a farming operation,
and a Conditional Use Permit. What they are asking for is an
addition to an already nonconforming use. It was non -conforming
before the State took the land for the road. Christ found no
hardship to justify granting these variances.
Councilwoman Armstrong did not see the configuration of the land
as being a hardship. This is considered economic, which cannot be
considered a hardship. Iier understanding was that this land was
zoned Ag because the Hansons wanted to sell horse trailers on an
open lot. In the Conditional Use Permit it states (Item #1) that
they cannot put up a permanent building. Armstrong felt the
reason for this condition was sound to her, and she felt in order
for the Hansons to keep their CUP, a building should not be put
up. She could not find a hardship and felt there were more than
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1987 PAGE 5
enough accessory buildings which exceed the limit of the size, the
overlay district as a 10-acre mininum, and there is too much
activity (apartments, trailer sales, raising and selling of
llamas, primary residence) going on this land.
Councilman Graves questioned if these were considered apartments
for purpose of what the ordinances would speak of. The Hansons
replied that the renters are direct family members and there is no
rental fee. Attorney Knaak referred to the definition of
apartments in the code which is as follows: a room or a suite of
rooms with cooking facilities designed to be occupied as a
residence by a single family. Farrell asked what was the
definition of family? Family is defined as an individual, or two
(2) or more persons each related by blood, marriage, adoption, or
foster care arrangement living together as a single housekeeping
unit or group of not more than four (4) persons not so related.,
maintaining a common household, exclusive of servants.
Graves added that he did not hear any vocal opposition to the
Hanson's proposal at the public hearing. The Planning Commission
did recommend (7-0 vote) that the City Council grant the CUP. As
long as one variance can be eliminated and a possible merit shown
on the hardship of the land, he would support this request.
Councilman Moe also found the hardship being the configuration of
the land. He also saw this as an ag-related use and had no
problems granting the variances or amending the CUP to allow the
proposed. building.
Councilman Johnson felt the City has good ordinances and the City
should not continue granting variances except where there is
definite hardship shown. He could not find a hardship in this
case. The following motion was made:
M/S/P Johnson/Armstrong - to deny variance requests by Leonard and
LuAnn Hanson, 10824 Hudson Blvd., required to allow construction
of an accessory building under an amended Conditional Use Permit
based on the following Finding of Facts. (Motion carried 3-2<Moe,
Graves>).
1. Lot Size of 7.91 acres does not meet City code for the new
building request.
--40 acres required for accessory building in excess of 2,000
sq.ft.
--10 acres required for accessory buildings in excess of 1,000
sq.ft., but less than 2,000 sq.ft.
-for less than 10 acres, a maximum of 1,000 sq.ft. is allowed for
accessory buldings.
2. The requested new building of 2,400 sq.ft. does not meet the
City code because there would then exist four accessory buildings
with a total area of 4,068 sq.ft. The City Code (301.130 C.14)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1987 PAGE 6
allows only two accessory buildings of no greater than 1,000
sq.ft. area for a parcel of land less than 10 acres.
3. The proposed location of the requested new building does not
meet- City code set back requirements wherein no accessory
buildings other than garages may be located nearer the front lot
line than the principal building.
4. The previous CUP was amended in 1981 to allow an open sales
lot operation for sales of RV trailer units but specifically
required that no permanent structures be built in support of this
use.
5. A land hardship does not exist because the owner appears to
have the following options:
a. Purchase an additional 32.09 acres of available land
to increase this parcel to the 40 acre size required
and change the proposed location of the new building to
setback requirements.
b. Purchase an additional 2.09 acres of land to increase
the parcel size to 10 acres, remove the two smaller
existing accessory buildings, change the size of the
new building to 900 sq.ft. and change the proposed
location of the building to meet setback requirements.
B. Request for Rezoning from Industrial to General Business
with Variances - Richard Kosman
This application was discussed at the February 3, 1987 City
Council meeting. The City Council tabled its decision on this
application until this meeting.
M/S/P Graves/Moe - to remove from the table the request for
rezoning from Industrial to General Business with variances by
Richard Kosman. (Motion carried 5-0).
The following are the requested variances.
1. variance to side (corner) setback - 10 feet vs. 50 feet
required.
2. variance to number and location of off-street parking
spaces--10 spaces vs. 23 required.
3. variance to the buffer strip between a general business zone
and residential zone - 35 foot strip required; 10 foot strip
existing.
4. variance to front yard setback - 20 feet existing, 50 feet
required.
5. variance to rear yard. setback - 10 feet existing, 50 feet
required.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1987 PAGE 7
6. variance to side yard (interior) setback - 10 feet existing 20
feet required.
7. variance to minimum lot size - 0.30 acres existing, 1.5 acres
required.
8. variance to minimum lot width - 120 feet existing, 150
required.
9. variance to corner lot sight distance - 100 feet unimpeded
sight distance on either side of TH5/Laverne Avenue intersection.
The principal, building extends about 20 feet into this area.
Mayor Christ has talked to Mrs. Geraldine Eder who lives next door
to this building. She has seen Richard Kosman's plans which would
improve the looks of the building, but she had a concern on the
hours and days of operation.
Mayor Christ felt this was an impassive use for the building and
the use will be no more non -conforming than the previous use, and
he would be supportive of the variance requests.
Councilman Moe had talked to Jean Novak and she pointed out to him
that almost every business we have is a non -conforming business.
Moe suggested we come up with a set of legalities that would
recognize this.
Councilwoman Armstrong explained that Mr. Kosman's name comes up
as being a good businessman in the community and appreciates that
he runs a respectable business. She had a problem with granting
nine variances and the lot is only one -fifth the size of what is
required. Granted it was a mess before, but we were looking at
outside junk. This is different from what we are talking about.
We are talking about a business going on inside of the building,
where probably the business before didn't affect the neighborhood
a great deal -where the junk on the outside is what everybody
noticed.. We have a zoning code to keep up the character of the
community and to benefit the businesses and residents around these
businesses and keep their property values up. The days of the
quonset but may have been a good idea at the time, but we have an
opportunity now to tell someone that a quonset but is not
acceptable anymore.
Councilman Graves stated that he hates to grant nine variances,
but looks at this as being a continuation of a non -conforming use.
Graves felt this would be an improvement of what we have and the
alternative basically is to condemn the property. He felt Kosman
was a good resident• of Lake Elmo and would like to keep him. This
would be in keeping with the City's goal of eliminating Industrial
zoning.
Councilman Johnson stated that you have nine variances required,
realizing eight already exist, but on the other hand. the City has
an opportunity to upgrade what Is now an "eyesore". He questioned
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1987 PAGE 8
the number of available parking spaces and asked City Engineer
Bohrer to review for him his position in regard to the septic
system and off-street parking requirements.
City Engineer Bohrer explained that there is not a great deal of
information on the septic system. The tanks are of a modern type
design, but Bohrer considers the more important point is there is
a drainfield. The size and exactly where it is located other than
it is in the backyard is unknown. He would expect the sewage flow
from his operation to be about the same as when Pepin Engineering
was in the building. Based on this information, it appears that
the septic system is functioning and not causing any surface
discharge or anything he could find that is detrimental. It is
not sized in accordance with the City code, but this is not a
condition for tagging the system. If it did fail, Bohrer
preferred installing a new drainfield depending upon how extensive
the old one was versus installing a holding tank.
Bohrer felt the primary concern on this site is the available
parking. He was glad to see that Kosman was giving up the idea of
parking on Highway 5. On the southside of the quonset hut- was most
likely where the drainfield was and this should not be allowed for
parking because this could ruin the drainfield. On the other side
of the quonset but there could be some parking spaces. Kosman
plans on parking employee vehicles in the overflow parking (Twin
Point or VFW parking lots). Bohrer would like to see more thought
going into the parking and landscaping and recommends a condition
be set for a landscape and parking plan be submitted. The
landscaping would primarily prohibit people from parking where
they shouldn't be.
Richard Kosman stated he is fully aware of what the problems are
as far as the alternatives if the septic system fails.
M/S/P Moe/Graves - to Adopt ordinance 8004 'amending the Lake Elmo City Code
Section 301.070C; granting Richard Kosman'a rezoning from Industrial to General
Business and related variances to operate a. retail floor covering store at
11222 Stillwater Blvd., contingent on a plan provided for approval by the City.
Engigeer for landscaping and 10 parking spaces for this business and with
completion of improvements done in a timely fashion:
(Motion carried 4-1<Armstrong: denied this because of
the parking problems, the quonset but being on the main street
going through Lake Elmo looks bad and too many variances have to
be granted.>).
C. Cimarron Golf Course CUP Renewal
The Conditional Use Permit renewal was discussed on 1-6-87 and
2-3-87. At the last meeting on 2-3--87, concerns about the
sprinkling schedule, the hours for mowing, the concern about golf
balls going through residents' windows, and the lack of facilities
equipped to serve handicapped persons were addressed..
City Attorney Knaak explained that the question was raised whether
or not there were any requirements in the State Statutes as to
LAKE EUD CITY COUNCIL MIN MS FEBRUARY 17, 1987 PAGE 9
handicapped facilities. Knaak's conclusion was that unless a
dangerous condition exists, which is a finding by the Building
Official, the City cannot require construction because the
existing conditions are grandfathered in. If, on the other hand,
a permit is given for any reason whatsoever, the City can
condition whatever other requirements it imposes and also insist
that any additional handicapped access the code requires be
provided. Mayor Christ summed it up that the code states that a
handicapped facility doesn't necessarily have to be upgraded
unless further improvements are being contemplated.
Dan Krawczyk, Cimarron Park Manager, agreed that the sprinkling
schedule would be done in the evenings between 10 p.m. and 2 a.m.
The mowing will start from the outer perimeter Monday thru Friday
not reaching the homes before 7 a.m. on the inner perimeter. On
Saturday and Sunday the mowing will not reach the inner perimeter
until 8:00 a.m. Year-end report on all claims and their
disposition for Council review had not be received previously, but
Dan stated he was now aware of this condition in the CUP.
M/S/P Moe/Graves - to adopt Resolution 87-23 granting a
conditional use permit to Cimarron Park for a Public Golf Course
in the R-3 zoning District from January 1, 1987 ru December 31,
1987; subject to the additional conditions of moyling from the
outer perimeter Monday t-hru Friday not reaching the homes before
7:00 a.m and not until 8:00 a.m. on weekends, and watering from
sunset to sunrise. (Motion carried 5--0).
D. Lake Elmo Heights 2nd Addition - Request to Proceed
with Preliminary Plat Review Under the Old RR Zoning
Cluster Provisions
Don Bishop is requesting approval of a 13-lot cluster development
under the old Rural Residential cluster development zoning
provision. The old provisions allowed 1.5 to 2.09 acre lots up to
7 per 40 acres along with transfer of housing densities. Lake
Elmo Heights First Addition was approved in this fashion.
However, it was found that concept plan approval for Phase II was
never given by the City. Therefore this plat proposal should
comply with the new R-R cluster provisions adopted 11-18-86 (4 per
40 acres, 5 to 7 acre lot, no housing density transfer, etc.).
John Stibbe, attorney representing Don Bishi.op, sent a letter to
the Lake Elmo City Council dated February 13, 1987 stating that
after reviewing the Lake Elmo City Council minutes for the
meetings involving Lake Elmo Heights, he had found the minutes of
August 20, 1985, indicating that preliminary plat approval was
given for a cluster development on the entire 145 acre site. They
felt the minutes indicated that the 145 acre site was discussed
and it was given preliminary plat approval. Stibbe suggested the
August 20, 1985 minutes be amended because the motion did not
reflect the intent of the discussion. Also, a copy of a letter
written by Donald Raleigh, Attorney at Lawson, Raleigh, and
Marshall, to the City Administrator on March. 4, 1986 was attached
and reiterated the fact that the Lake Elmo Heights subdivision
LAKE ELM) CITY COUNCIL PUNUTES FEBRUARY 17, 1987 PAGE 10
received the preliminary approval and requested that Mr. Overby
contact Mr. Raleigh If the information contained in the letter was
incorrect. This letter was not answered by the City staff because
it was answered verbally.
Mayor Christ and former Councilman Mazzara expressed that they
never got any inclination that the developer didn't intend to do
what they are proposing right- now. Their understanding was it was
a good faith bargaining agreement where they were talking about a
25 lot cluster development encompassing 145 acres.
M/S/P Armstrong/Graves - to table for two weeks for further
information to be considered by City Attorney Knaak. (Motion
carried. 4-•l<Moe>).
M/S/P Moe/Armstrong - to remove off the table for additional
testimony. (Motion carried 5-0).
Dan Novak, who served on the Planning Commision when this
application was submitted, stated that at no time prior to the
moratorium was consideration given, either on the part of Don
Bishop or the City Council, to preliminary concept approval or
preliminary plat approval for Phases II and III. The original
request was for a rezoning from RR to R1 of 79 acres (35 lots)
which was denied by the Council on March l9th. After that failed,
Mr. Bishop asked for and was granted preliminary concept approval
for Phase I, to be developed to RR zoning ordinances. A chronology
of the minutes was presented to the Council. (See Appendix A).
City Attorney Knaak was not comfortable in making a factual
determination based on the information before him and suggested
tabling this for further investigation.
M/S/P Armstrong/Graves - to table this request for two weeks for a
more factual determination by City Attorney Knaak for further
investigation of additional information. (Motion carried 5-0).
E. Planned Unit Development General Concept Plan:
Interstate Freeway Service Center Co. 15 & I-94;
Erickson Diversified Corporation.
Erickson Diversified Corporation requested to be taken off of the
February 17, 1.987 agenda and be added to the March 3, 1987 City
Council meeting.
7. CITY ENGINEER'S REPORT
A. Agreement for School Crossing Beacon
The need for a flashing beacon to help warn motorists of the
school crossing on Highway 5 has been an ongoing concern of the
residents, Planning Commission and City Council. In 1986, the
City Council directed the City staff to coordinate the study and
preparation work needed to obtain approval for two flashing
beacons and installation of same. Mn/DOT conducted a school zone
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1987 PAGE 11
safety investigation and prepared the final plans and special
provisions.
City Engineer Bohrer reviewed the proposed agreement between
MnDOT, the City of Lake Elmo and I.S.D. 83LI for the installation
of two school crossing beacons. The agreement provides for the
following:
1. The State will provide the beacon, poles, cabinettes, control
boxes, signs, and other hardware necessary for the installation.
2. The State will provide the plans, specifications, staking and
inspection.
3. The City and the School District must contract and pay for the
installation of the equipment, arrange for and pay any NSP
connection charges and pay for the monthly electrical usage.
4. The City and School District must provide the administration
of the construction contract, including the taking of bids,
awarding of bids, checking insurance requirements, and other
responsibilites.
5. The State will repair and maintain the beacon thereafter.
6. The agreement contains the standard "hold harmless" claims.
City Engineer Bohrer recommended that the City execute the
agreement by resolution.
The City and School District will have to enter into a separate
agreement to divide the costs for installation, contract
administration and monthly power cost. MnDOT estimates the
Installation cost to be about $3,800 but adding a normal
contingency and contract administration costs could bring the
total to around $6,000. Previous discussion assumed the City and
School District would split this cost.
M/S/P Graves/Moe - to adopt Resolution 87-24 approving the Hazard
Identification Beacon Agreement No. 63803M between Mn/DOT, ISD 834
and the City of Lake Elmo for two beacons and school speed limit
signs. (Motion carried 5--0).
B. Protected Waters Permit: Crombie Pond
Wald, DeLapp, Janochoski and Erickson are parties that own
property on Crombie Pond. They have applied to the DNR for a
permit to excavate the shorela.nd of Crombie Pond to maintain a
more defined shoreline. The VBWD Project 1007 will provide an
outlet to the pond at elevation 918. The property owners are
concerned that with the outlet and other drainage improvements,
water level fluctuations will be more pronounced and create wide
areas of "mud flats" along their shoreline. The VBWD's contractor
may have to significantly lower Crombie Pond to do his necessary
storm sewer work. The applicants hope to coordinate their
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1987 PAGE 12
excavation operations with the VBWD contractor and do the work at
the same time. The plan is to excavate their shoreline to create
a steeper slope to the water and therefore, reduce the amount of
horizontal fluctuation. The excavated material will either be
hauled away or used to create a wildlife island in the southeast
corner of the pond. Since Crombie Pond is a protected water, City
Shoreland Regulations apply. A City Shoreland permit is also
required.
The proposed work is allowed under Shoreland Regulations. Since
the excavated material will be hauled away or used to create an
island, there will be no loss of stormwater storage volume.
Bohrer had the following recommendations. 1.. The applicants
represent 4 out of the 9 property owners around Crombie Pond. 2.
Shoreland Regulations limit the maximum slope of the land to the
water at 6:1. 3. All disturbed area, including the island, should
be seeded and mulched as soon as possible after construction to
prevent erosion. b. Approval of a Shoreland Permit should be
conditioned on VBWD permit.
M/S/P Graves/Armstrong - to table this application until the next
City Council meeting, which will be an informational meeting in
order to solicit comments from the other neighbors. (Motion
carried 5--0) .
C. CSAH 15 Project Plan -
Di.ck Herold, County Engineer
City Engineer Bohrer reported that Washington County is planning
to reconstruct CSAH 15 (Manning Avenue) from the C&NW Railroad
tracks to loth Street. The County received preliminary layout
approval on December 2, 1986. They have now submitted plans for
the City's review and approval. Construction is planned for 1987.
The City will take over the maintenance of a portion of old
Manning Avenue two years after completion of new Manning Avenue.
Most of the new construction takes place in West Lakeland
Township, but that portion of Manning Avenue from Downs' Lake to
the C&NW Railroad tracks border Lake Elmo; therefore City approval
of the plans is required.
The impact to Lake Elmo is twofold: there will be a new
connection to connect old Manning Avenue which will become a city
street in two years and the segment will be upgraded in its
present location from Does lake to the railroad tracks.
Bohrer has reviewed the plans and finds them acceptable. He
recommended that the plans for CSAH 15 be approved, subject to
approval by the VBWD. The drainage computations are quite lengthy
and the VBWD has not yet completed their review.
M/S/P Graves/Armstrong - to adopt Resolution 87-25 giving final
plan approval to the CSAH 15 (Manning Avenue) reconstruction
project; subject to approval by the Valley Branch Watershed
District. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1987 PAGE 13
D. Authorization for Phase I MSA Feasibility Study
A public informational meeting was held on February 10, 1987 to
discuss the possible improvement of 47th Street, Kimbro Avenue,
and 50th Street for the improvement of 47th Street, Kimbro Avenue
and 43rd Street. The primary purpose of the meeting was to get
the public's input on whether to switch the Municipal State Aid
(MSA) designation from 50th Street to 43rd Street. The reason for
considering this change is the recent traffic counts which show
43rd Street carries twice the traffic on 50th Street. The
majority of the people at the meeting seemed to favor the southern
route.
Three of the major property owners were not in attendance
(Sullwold, Hesse and R. Krueger). The City Council suggested a
letter be sent to all residents involved for their input- before
making a decision. The Council also asked City Engineer Bohrer to
provide a work scope and cost estimate for a feasibility study.
Even though much of the discussion centered around the proximity
of trees, fences and ponds to the proposed road, it it Bohrer's
opinion that at the feasibility of the southern route will be
determined by the proximity of the new curve to Ray Krueger's
house. Likewise, the feasibility of the northern route will be
determined by the proximity of the new road to Hesse's
outbuildings. Bohrer suggested that these two pieces of
information be obtained first to aid the Council in determining
the preferred route. The work involves about 1-1/2 days of survey
time and about 1-1/2 days of office time. This information will
be available for the March 3rd City Council meeting.
City Engineer Bohrer felt the surveys were necessary to determine
the proximity of a new road to the Ray Krueger residence and to
the Hesse farmstead outbuildings for a cost not to exceed $1,500.
If the City proceeds with a road construction project, this cost
becomes part of the design costs and is reimbursable with MSA
funds.
M/S/P Graves/Moe - to authorize Phase I of the proposed MSA Street
Improvement Project up to $1500. (Motion carried 5--0).
8. CITY ADMINISTRATOR'S REPORT
A. Fire Dept. - Tanker Truck Purchase
Fire Chief Fran Pott explained that purchase of a tanker truck is
scheduled for 1987 in the 5-Year Capital Improvement Program for
Fire Department Equipment. The reasons for buying a tanker were:
part of the planned replacement of vehicles, current unit was
purchased "used" in 1969, dump rate no longer satisfactory, pump
is marginal and will be used as a second response unit. The
following is the tanker description: single rear axle, 2-man cab,
diesel engine, 6-speed manual xmi.ssion, 1600+ gallons of water,
475-GPM pump, preconnected lines, dump tank, 2-10" x 10" dump
valves and cabinets. The estimated cost of the tanker purchase
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1987 PAGE 14
was $75,000 and would be financed by Equipment Certificates, which
is a special form of bonding that applies to equipment purchases.
M/S/P Johnson/Graves - to authorize the City to advertise for bids
on the tanker truck. (estimated cost $75,000). (Motion carried
5-0).
M/S/P Moe/Johnson - to extend the City Council meeting until 11:20
p.m. (Motion carried 5-0).
B. Maintenance Dept. - Pole Storage Building
The Fire Department proposes to purchase a new tanker truck this
year, but they also plan to keep the old tanker truck. There is
not enough space at the fire hall to provide inside storage for
all the equipment after the new tanker truck arrives. Fire Chief
Fran Pott had discussed the concept of converting the old Lake
Jane landfill garage into a second fire station with the City
Council on 12-2-86. At that time, the City Council supported the
plan to put the old tanker truck and another unit of equipment
there.
In order to use the old garage as a second fire station and put
two vehicles there, all of the maintenance department's equipment
and materials would have to be relocated. Maintenance Forman Dan
Olinger prepared a drawing of where he would propose a 40' x 80'
pole building be built. This building would handle all of the
Items presently being stored inside the old garage, along wih
other equipment that Is currently stored outside. The estimated
cost of the building materials as of 8-13-86 was $13,700.00. This
quote was only good for 45 days and would have to be updated.
Olinger will get three or four quotes on this building.
Dan Olinger also listed the estimated cost for electricity
($1,000.00), gravel for, the floor ($450.00), and blacktop for a
30' x 40' section of the floor (approximately $2,000.00). These
items would bring the total estimated cost of this building
project to at least $17,150, but Dan believes the actual total
will be closer to $18,000-$20.000. The financing plan for this
building is to take the funds from the Fire Dept. Capital Reserve.
Fran Pott was in agreement with this plan.
Councilman Graves suggested some tree planting around the
maintenance building. City Administrator Overby will coordinate
this with the Parks Commission.
M/S/P Graves/Moe - to authorize the City to advertise for bids for
a 40' x 80' pole building for the Maintenance Department. (Motion
carried 5-0).
C. Planning Commission Recommendation of Lake Elmo
Representative to Stillwater Area EDC.
The City Council asked. the Planning Commission to discuss whether
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1.987 PAGE 15
Lake Elmo should have an official representative to the Stillwater
Area EDC. The Planning Commission discussed this subject on
February 9, 1987. The members felt that a representative should
either closely follow the City's planning and development
philosophy as described in the 1986 Comprehensive Plan, or at
least act as a "neutral observer". The Planning Commission
recommended that Robert Enes serve as the City's representative
with Barbara Haacke as the alternate. A report on the meetings was
requested by the City Council.
M/S/P Armstrong/Graves -- to approve the Planning Commission
recommendation of Robert Enes as the City's representative with
Barbara Haacke as the alternate to the Stillwater Area Economic
Development Corporation. (Motion carried 5--0).
D. Resignation of Prosecuting City Attorney
Greg Tavernier has submitted his letter of resignation effective
February 17, 1987. Our agreement explains that the law firm of
Caswell & Tavernier, P.A. is retained and employed by the City of
Lake Elmo. That law firm assinged Mr. Tavernier to the job of
City Prosecutor under the terms of the contract with the City.
M/S/P Armstrong/Graves -- to continue with the lawfirm of Caswell &
Tavernier P.A. for ninety days and extend an invitation to Carl
Blondin to meet the City Council. (Motion carried 5--0).
M/S/P Moe/Graves - to adjourn the City Council meeting at 11:30
p.m. (Motion carried 5-0).
---------------
Ordinance 8004 granting a rezoning to Richard Kosman, 11222 Stillwater Blvd.,
from Industrial to General Business and related variances.
Resolution 87-23 granting a Conditional Use Permit to Cimarron Park for a
Public Gold Course in the R-3 zoning District from January 1,
1987 thru December 31, 1987
Resolution 87-24 approving the Hazard Identification Beacon Agreement No.
63803M between Mn/DOT, ISD 834 and the City of Lake Elmo for
two beacons and school speed limit signs.
Resolution 87-25 granting final plan approval to the CSAH 15 (Manning Avenue)
reconstruction project.
ISSUES - CLAPP THOMMSEN:
ssasasssaaassssasssaassa
(APPENDIX A)
- During the 1986 moratorium, the RR zoning ordinance was amended to reduce
the number of homes permitted on 40 acres from 7 per 40 to 4 per 40.
- Mr. Bishop owns 145.2 acres on the SW corner of Stillwater Blvd. and County
13b. Prior to the moratorium, he was entitled to 25 clustered lots. After
the moratorium, he is entitled to 14 clustered lots of which he already
has 11. He is entitled to 3 more.
- A precedent will be set if Mr. Bishop is granted an exception to the
recently amended RR zoning ordinance which will render the amended ordinance
useless. Approximately 50% of the entire area of the City zoned RR.
- It is .my understanding that this issue has not been before the Planning
Commission. It is also my understanding that it legally has to be con-
sidered by the Planning Commission before it comes before the Council.
If this is true, it should be remanded back to the Commission They
know the process - I question their intent by intentionally bypassing
the Planning Commission.
- At NO time prior to the moratorium was consideration given, either on the
part of Don Bishop or the City Council, to preliminary concept approval or
preliminary plat approval for Phases -II and III! The original request was
for a rezone from RR to R1 of 79 acres (35 lots) which was denied by the
Council on March 19th. When that failed, Mr. Bishop asked for, and was
granted, preliminary concept approval for Phase I to be developed according
to RR zoning ordinances. For details, see Chronologue below.
CHRONOLOGUE:
------------
Feb. 11, 1985: Planning Commission. Bruce Folz presents proposal to rezone
79 acres of 145.2 acres from RR to R1 to permit 35 lots in 3
phases:
Phase I: 11 lots
Phase II: 11 lots
Phase III: 13 lots
35
They were entitled to 25.4 lots or 25 lots.
From the minutes, . it is the owners intention to proceed
with phase I by either the rezoning or by clustering..."
THEY WERE NOT ASKING FOR PRELIMINARY PLAT APPROVAL FOR ANY OF
THE PHASES. THEY WANTED A REZONE.
The request was tabled.
Feb. 25, 1985: Planning Commission. From the minutes, "Bruce Folz reviewed
the proposal, which has not changed from the last meeting.
What Mr. Bishop is asking for is concept approval of the
entire plan and preliminary plat approval and rezoning to R1.
for the 11 lots in phase 1."
Commission recommended;
a. rezone from RR to R1 for the 11 lots in Phase I (6-1 <Moe>)
b. approval of the concept plan for the 35 lots in 3 phases,
the entire plan (5-1-1 <Moe><Prince>)
c. approval of the preliminary plat for the 11 lots in phase I
March 5, 1985: City Council. From the minutes, . application for rezoning
from RR to R1, concept approval of plan for 35 lots and pre-
liminary plat approval for phase I (11 lots)
Larry Bohrer stated "... When Phase II and III are brought
forth,...
The request was tabled.
March 19, 1985: City Council. From the minutes, "... application for rezoning
from RR to R1 (for 11 lots) and concept approval of plan for
35 single family residential lots ...
Council actions:
a. deny the application for a rezone from RR to R1
(4-1 <Mazzara>)
b. gave preliminary concept approval for the 11 lots in phase
I (5-0)
July 22, 1985: Planning Commission. From the minutes, .. preliminary plat
and final plat for Don Bishop for phase I.
The applicants did not appear.
The Commission moved ... to continue the public hearing at
the August 12th Planning Commission Meeting." (7-0)
Aug. 12, 1985: Planning Commission. The public hearing from July 22nd was
continued.
The Commission recommended "to the City Council to approve
the preliminary plat and final plat for 11 lots in Phase I."
(8-0-1 <Novak>)
Aug. 20, 1985: City Council. The applicant requests preliminary plat ap-
proval for Phase I.
The Council approved the preliminary plat of Phase I. (5-0)
Since 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
FEBRUARY 17, 1987
7:00 p.m. MEETING CONVENES
1. Agenda
2. Minutes: February 3, 1987
3. Claims
4. Presentation of County Parks & Open Space
System Plan - Gary Horning
i
5. Water Safety Committee Report
6. PLANNING. LAND USE. AND ZONING
A. Hanson CUP Amendment and Variances
B. Request for Rezoning from Industrial to
General Business with Variances,
Richard Kosman.
---B R E A K ------------------------------
C. Cimarron Golf Course CUP Renewal
D. Lake Elmo Heights 2nd Addition -
Request to Proceed with Preliminary Plat
Review Under the Old RR Zoning Cluster
Provisions
E. Planned Unit Development General Concept Plan:
Interstate Freeway Service Center at Co. 15
& 1-94; Erickson Diversified Corporation.
7. CITY ENGINEER'S REPORT
A. Agreement for School Crossing Beacon
B. Protected Waters Permit: Crombie Pond
C. CSAH 15 Project Plan -
Dick Herald, County Engineer
D. Authorization for Phase I MSA
Feasibility Study
8. CITY ADMINISTRATOR'S REPORT
A. Fire Dept. - Tanker Truck Purchase
B. Maintenance Dept. - Pole Storage Building
C. Planning Commission Recommendation on
Lake Elmo Representative to Stillwater
Area EDC.
D. Resignation of Prosecuting City Attorney