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HomeMy WebLinkAbout02-03-87 CCMNO LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 Mayor Christ called the City Council meeting to order at 7:03 p.m. in the City Council chambers. Present: Christ, Armstrong, Moe, Graves, City Attorney Knaak and City Administrator Overby. Absent: Johnson Mayor Christ welcomed everyone to their new City Hall and Council Chambers. Christ extended his thanks to the volunteers who have helped make the City Hall a reality. Lake Elmo has earned the right to be very proud of its accomplishment. 1. Agenda Add: 6B. Special City Council Meeting on Liabiity and Umbrella Insurance, 6C. Housekeeping Items on City Hall. M/S/P Graves/Armstrong - to approve the Agenda for the February 3, 1987 City Council meeting as amended. (Motion carried 4-0). 2. Minutes: January 20, 1987 Councilman Graves explained that his suggestion for appreciation certificates from the last meeting was not an attempt to deride the contributions of the people that put- in their time toward the new building. It was an attempt to make some recognition of the volunteers because he was not aware of other plans. He had indicated that the paper was of higher quality and a little more special than the typical paper we used in printing up thank you letters. He knew there was a concern on expense, as expressed many times by the people on the Council. Graves thought the price was reasonable, but the intent was not to cheapen the contributions made by the volunteers. M/S/P Moe//Graves - to approve the January 20, 1987 City Council minutes as amended (See verbatim minutes on 4. Planning Commission Appointments and D. Recognition of City Hall Volunteers). (Motion carried 4-0). 3. Claims All claims are within budget. M/S/P Armstrong/Graves - to approve the February 3, 1987 Claims #88343 thru #88399 as presented. (Motion carried 4-0). 4. Public Inquiries After reading an article in the Oakdale/Lake Elmo Review, Bruce Dunn felt the reason he was not considered for the Planning LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 PAGE 2 Commission was because of Moe's accusation that he had not obtained a building permit for a tool shed. (Dunn provided a copy of this building permit dated January 9, 1984). Dunn further questioned Moe on his statement to the paper that he could not support Dunn's appointment because it was similar to the majority of the current Planning Commission members, and because of his "integrity". Dunn challenged Moe's concern for integrity as he felt Moe (and Gaves) used extortion or blackmail to keep him off of the Planning Commission. Moe replied that he did not know what extortion meant and asked. Dunn if he gave him any money or promised him anything if this was considered blackmail. Dunn elaborated by saying that Graves approached Christ before the meeting and told him Moe had some very damaging information on Dunn that he was going to bring up that would reflect on. Dunn's ability to hold office on the Planning Commission. Graves told Christ that this information might reflect negatively on Dunn and Christ should have the opportunity to discuss with Dunn whether or not he wanted to pursue a seat on the Planning Commission. Graves also indicated to Christ at this time that he was aware that Christ would not support Fred Nazarian from the Planning Commission, and that Graves would ask Nazarian to withdraw his candidacy for the Planning Commission and Christ should do the same with Dunn. Dunn further questioned the validity of the Resolution he received from the City thanking him for his years of service to the community since Graves and Moe both voted for the resolution and then publicly questioned his integrity. Dunn suggested that the City adopt a code of conduct governing city officials. He feels that when citizens volunteer for city service they should not be chastized or subjected to blackmail. He feels that if a council member has a problem with an individual or particular violation, they should follow the established process. Graves asked if this code of conduct would include the type of questionning the Mayor had of Fred. Nazarian at the previous meetinng. Dunn responded that if Naza,rian had any complaints about what was said he too had the right to bring them up under public inquiries. Christ publically apologized to Fred Nazarian and stated he will also do this to Nazarian in person, and stated he supported the code of conduct legislation. Moe proceeded to apologize to Dunn for the builling permit inquiry stating that if Christ can do it so can he. Armstrong stated that she made the initial call to the newspaper as a public official as she felt thwre was unfounded accusations indicative of blackmail which were used to keep a. potential candidate (Dunn) off of the Planning Commission. She agrees with a code of conduct for officials and suggested the city attorney set the ground rules for this code. M/S/P Armstrong/Moe - to direct City Administrator Overby in LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 PAGE 3 conjunction with the City Attorney to set the groundwork for a code of conduct for City Council officials. (Motion carried 4-0). 5. PLANNING, LAND USE AND ZONING A. Candidate Landfill Site - Dan Novak & Todd Williams Dan Novak and Todd Williams gave an update on the progress of the city's efforts to oppose the proposed landfill site located in the Regional Park. The site is one of eight remaining proposed landfill sites on the Metropolitan Council's inventory list, and Is one of two sites targeted in regional parkland. The Lake Elmo site is the only site on the east side of the Metro Area. The proposed opening date for the Lake Elmo site is 1993, according to the Met Council's Solid Waste Management Policy Plan. Currently, the County is at the request for proposal for the environmental assessment worksheet (EAW) stage in the siting process. This is followed by the environmental impact statement (EIS) scheduled to be completed in early to mid 1988. If the EIS identifies no problems, the site is then permitted by the MPCA. They have been told that, although it is unlikely, it is possible that the Lake Elmo site would go on line in as little as two years. Novak identified two actions that, without any effort from the Council or the Lake Elmo citizens, could cause the site to fall off the list. 1. Environmental Impact Statement; 2. Permit applications are currently under consideration for expansion of the Flying Cloud and Anoka site which could eliminate the need for any of the 8 proposed sites. Novak added that there are restrictive convenants that exist on all parcels of land purchased for the Regional Park by Washington County. The restrictive convenants state that the land shall be used for no other purposes. However, there is a stipulation that Washington County has to initiate the request to the Met Council and then the Met Council would not have any problem approving it. Williams and Novak requested the use of the Lake Elmo newsletter for dissemination of information and soliciting help. Also, a request was made for recognition by the Council of a citizen advisory committee which would consist of Williams, Novak, the ABLE Organization and Tablyn Park residents. They would like to use the City Council chambers on Sunday nights for meetings. Mayor Christ complimented Novak and Williams for doing an incredible job in getting information. The consensus.- of the Council was in favor of all requests. A special council meeting will be held. on Sunday at 7 p.m. in the council chambers and will include information on the landfill site and strategies to explore in the city's attempts to disqualify it. Dave Morgan informed the Council that he serves on the County Landfill Selection Committee and he has heard nothing from the County nor has he had any meetings. In his research lie has found LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 PAGE 4 somewhere between 80 and 100 percent of all the landfills in this country are contaminating the groundwater. He feels from a geological point of view, in addition to a. political point -of -view, the City has a strong arguement if only someone will listen in order to get the message across. As one of the strategies to oppose the landfill, Williams informed the Council that Woodbury, which had essentially the same soil boring results in 1984 as the Lake Elmo sites (1981), had hired a geologist. The report the geologist wrote resulted in the Woodbury site being thrown out, and we should do the same thing. Williams has talked to the same geolgist who wrote the Woodbury report, and the geologist said he would write one for Lake Elmo for less than $2,500. If the reports are similar, then we can say the Lake Elmo site has to be thrown out. If it is not thrown out, Williams felt we would have legal recourse. Mayor Christ felt that using the same geologist would lend some credibiity to the report for legal purposes. M/S/P Christ/Graves - to adopt Resolution 87-20 authorizing an allotment of up to $2500 taken out of the Miscellaneous Funds to hire a geologist to write up a report. (Motion carried. 4-0). B. PUBLIC HEARING: Request for variance to required sideyard setback; George Everitt, 4460 Jack Pine Trail N. (Request withdrawn) Mr. George Everitt at 4460 Jack Pine Trail N. has withdrawn his request for a variance. C. PUBLIC HEARING: Request for variance to allow consE-r-u-c-t1—o-n--oT an accessory building under an amended Conditional Use Permit. Leonard and LuAnn Hanson, 10824 Hudson Blvd. Pursuant to public notice, Mayor Christ opened up the public hearing at 7:55 p.m. in the City Council chambers. Public notice was duly sent and published. Mr. Pat Farrell, attorney representing Leonard and LuAnn Hanson, presented their request for an amendment to his Conditional use Permit to allow construction of a 40' x 60' building. The proposed building is intended to provide a work space to service his trailer units. Mr. Farrell explained that the Hanson's property is an unique situation, because at the time the property was acquired the Planning Commission and City of Lake Elmo approved the rezoning of the property to General Business. At the same time, there was an agreement that the Hanson's would be bound by whatever Future Land. Use would be consistent with the Comprehensive Plan. The 1979 Plan shows it as Highway Commercial after 1990 and the 1986 Future Land Use shows it as Agricultural. After the Hansons received the LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 PAGE 5 General Business zoning, they proceeded to apply for a Conditional Use Permit which was granted. The uses on this property are a home, apartments for his mother and grandmother (not a rental situation), trailer sales, and raising of llamas that are sold as pets. Because these are passive uses, traffic problems are non-existent, impact on surrounding property is minimal or none and the unique character of this property is one that the landowner did not create himself. The hardships are the City's participation in whatever took place in the past and the Highway Dept. came in and took one acre of their land. The property is very difficult to use as it is if you want to call it Agricultural zoning, and is a non -conforming use in that area. Also, Mr. Hanson has had health problems and has been out of work. This has been a business that he was operating as his sole source of livelihood. Farrell felt this was an excellent transitory kind of use for this property. Farrell could not see this situation being a precedent, because you could not find a piece of property in Lake Elmo with all the problems this parcel has. City Administrator Overby had made the following review: Zoning District The proposed building would be located on agriculturally zoned property where the allowed uses are governed by a CUP. The provisions of the CUP must be changed, in order to allow the proposed building. The building must meet all other code requirements. The site is in the I-94 Overlay District. Type of Building Being Proposed The CUP amendment application would permit a 40' x 60' accessory building which would be used as a workshop to service the RV trailer units. The City Council had amended the Hanson CUP on 12-15-81 to allow the open sales lot operation subject to three conditions, one of which was that "no permanent structures be built in support• of this use". This condition would have to be deleted or amended in order to allow the proposed building. Building Size and Number The total area of the 40' x 60' building would be 2,400 square feet. Section 301.130 C. of the City Code provides design and performance standards for accessory buildings and structures. Sub -section C-14 indicates that: "For parcels under (10) acres, two buildings with a total area not to exceed one thousand (1,000) square feet..." would be allowed. The Hanson property is 7.91 acres in total area. Therefore, only two accessory buildings could be allowed; although there already exists a 50' x 22' machine shed, a 22' x 16' granary and a 12' x 18' garage on the north. A variance on the number and size of accessory buildings would be required to allow an additional building. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 PAGE 6 Lot -Size The existing parcel of land is 7.91 acres in size and does not meet the minimum lot size of 110 acres for the Agricultural zone. It is a previously platted parcel of record. However, the 10 acre minimum lot size provision of the I-94 Overlay District does apply. A variance of minimum lot size would be required. City Administrator Overby stated that the Hanson's have indicated they, would be willing to move the building back, but fill would have to be brought in. It was determined by Bohrer and Overby that ponding requirements had been met and there would be no problem relative to drainage and ponding using a site further back. The alternate site would require more preparation, but this would eliminate one variance. Councilwoman Armstrong felt that configuration of the land could be a hardship if there were no where else to go for land.. There is a lot of land around them that they could buy to make up for the needed acreage. Mr. Hanson had spoken to Gene Peltier, and he would sell them land (78 acres) in the back which is landlocked, for $4500 an acre. City Attorney Knaak explained that regardless what the City does this has no precedential value for anything other than identical situations. Knaak added that the City of Lake has never engaged in contract zoning. City Attorney Knaak stated that it has been a past Council policy to table a decision for two weeks after a public hearing and encourages the council to continue this procedure. Mayor Christ closed the public hearing at 8:44 p.m. M/S/P Graves/Armstrong - to table the variance requests by Leonard & LuAnn Hanson until the February 17, 1987 City Council meeting. (Motion carried 3-1<Moe>). D. PUBLIC HEARING: Request for variances to allow operation of a retail business in an existing building at 11227 Stillwater Blvd; Richard Kosman Pursuant to published notice, Mayor Christ opened up the public hearing at 8:49 p.m. Public notice was duly sent and published. Richard Kosman proposes to operate a retail floor covering and installation business from the former Pepin Engineering property at the southeast corner of TH 5 and Laverne Avenue. A rezoning from Industrial to General Business would be required to permit the planned use. In addition, some slight exterior remodeling in the form of an added entryway on the east side of the building is proposed. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 PAGE 7 The Planning Commission decided on 1-12-87 that the property (0.30 acres) be rezoned from Industrial Park to General Business, with the provision that lot size and other variances identified in the City Engineer's letter of 1-•8-87 be approved by the City Council. The Commission reviewed the plans on 1-12-87 and discussed several variances and the existing non -conformity of the lot. Their motion for rezoning also include the recommendation that the City Council approve the following variances: a. variance to side (corner) setback - 10 feet vs. 50 feet required. b. variance to number and location of off-street parking spaces - 10 spaces vs. 23 required. c. Variance to the buffer strip between a general business zone and residential zone - 35 foot strip required; 10 foot strip existing. d. Variance to front yard setback - 20 feet existing, 50 feet required. e. Variance to rear yard setback - 10 feet existing, 50 feet required. f. Variance to side yard (interior) setback -- 10 feet existing, 20 feet required. 0.30 acres (Amended 2-17-87) g. Variance to minimum lot size - 0,-24-acres existing, 1.5 acres required. h. Variance to minimum lot width - 120 feet existing, 150 feet required. i. 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. Kosman stated he has verbal committment from the Twin Point Tavern and the VFW for overflow parking. He would not consider tearing down the quonset hut, but he has plans for cleaning and paintinng it. City Administrator Overby stated that this is a sales and service operation. Kosman added that it is wholesale pricing, but a retail application. City Administrator Overby stated that City Engineer Bohrer's main concerns were the variances and the nonconformity of the parking spaces in terms of safety and access from the state highway and Laverne. Bohrer is concerned about how people can get in and out of the site and wants to prevent anyone backing out onto the highway or side street. Another concern in regard to the intersection of Laverne and Highway 5 was whether the proposed use LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 PAGE 8 would add to existing traffic congestion or create a problem that does not presently exist. Overby felt the site is non -conforming regardless of what use might apply there. He could not say what uses could go in there that would eliminate the non -conforming situation. Steve DeLapp, Chairman of the Planning Commission, stated that the building could be used for what the building was always used for before it was abandoned. City Attorney Knaak added that when you change the zoning laws you create non -conforming uses. It is designed to phase out certain kinds of uses. In a non -conforming use, once that use is destroyed or discontinued as a use, or actual destruction of the property occurs, that use is gone. You now have the property there for whatever it is zoned for. In this case it does. A grandfathered-in manufacturing business and zoning changes around it you cannot do anything to that property or change that business because you would be taking something from it. Dwight Peterson, 2234 Spruce Place, White Bear Lake, is the son --in-law of the owner of the building. The owner moved out of state a couple of months ago, but the buildings were not abandoned. She has been making an effort to sell the building through Merrill Lynch Realty. The buildings have been vacant since August or September of 1986. Mayor Christ closed the public hearing at 9:02 p.m. City Administrator Overby brought up the point that the code does allow a non -conforming use to substitute for another nonconforming use if the Council decides that the proposed new use will be no more detrimental to its neighborhood and surroundings than the use it Is to replace. This does not create an agruement for granting variances, but there is a provision in the code that allows substitution of non -conforming uses. Councilwoman Armstrong stated that in the beginning of the zoning ordinances the reasoning for having the ordinances states that it is proper for us to enforce the regulations for these specific purposes: to protect the character and maintain the stability of residential business in industrial areas within the community and prohibit uses, building or structures which are incompatible with the character of development in such areas; to be careful to limit the congestion of public streets; to provide for the gradual elimination of those uses of land, buildings and structures and of those buildings and structures which do not conform to the standards of the area in which they are located and which may adversely affect the development and value of the property in such areas. Armstrong added that there was a time when those buildings were more acceptable than they are now. We have had people put money into businesses along the mainstreet and she felt we should consider those people's needs for their businesses and what they are trying to achieve in the City. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 PAGE 9 M/S/P Armstrong/Graves - to table Richard Kosman's variance requests to allow operation of a retail business in an existing building at 11222 Stillwater Blvd. until the February 17, 1987 City Council meeting. (Motion carried 3-1<Moe>). E. Cimarron Golf Course CUP Renewal This permit renewal was discussed at the 1-6-87 City Council meeting. At that time a concern was raised about the daily sprinkling schedule for the golf course as opposed to the odd/even day schedule for Cimarron residents. Dan Krawezyk, owner and manager of Cimarron Park, stated they have one water system, but have two wells on the property. The watering on the golf course is done late in the evening. The water policy is that even number residents water on even number days and odd number residents water on odd number days. Moe brought up the problem that when it is hot and dry, water should be provided to the owner before it is swallowed by a golf course, but this has not happened with the new management. As far as mowing the golf course, Krawezyk stated that the earliest his people start with the outside perimeter is 6:30 a.m. Krawczyk had no objections to writing these conditions on mowing and watering. Another concern was related to the lack of handicapped restrooms and other facilities at the golf course. Jim McNamara, Building Inspector, indicated to the City Administrator that there is no requirement in the local or state building codes that handicapped facilities be provided, unless remodeling work were to be done at the golf course. If that were the case, then handicapped facilities would have to be installed. City Attorney Knaak explained that as he reads the statute, it states that after a certain length of time all buildings must comply. There is nothing to preclude them as long as there is a reasonable basis for insisting on this. M/S/P Moe/Graves - to table the Cimarron CUP renewal until. the City Staff finds how the state statute reads regarding handicapped facilities. (Motion carried 4-0). F. Hammes Mining CUP Renewal An inspection of the Hammes property was conducted on January 28, 1987 by City Administrator Overby and Building Official Jim McNamara. Jim McNamara found considerable clean --up had been accomplished by the Hammes' along with some screening on the west side and north side. The screening or berming on the west side for the barn and to the south had not been completed at the time of the inspection. Much of t?J items laying around in that area have been moved to a low area in back and are out of sight. The two mobile homes and semi -trailer remaining on the property are intended to be used for temporary storage until such time that a new pole type building can be erected. If the two mobile homes LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 PAGE 10 are accepted by the Council as temporary storage buildings, McNamara doesn't feel it is necessary to place them on permanent foundations. The blue structure, facing loth Street is still in the process of being placed on its permanent foundation. The white structure intended to be used as an office at the mining site has not been properly secured as yet. The road has to be substantially done before the white structure can be taken care of. The accumulation of ,junk and other debris behind the main house still remains; however, McNamara doesn't feel it is in direct view from loth Street or 19B. City Administrator Overby asked if the proposed pole barn, which will be used to store some things related to the mining operation, should be in the 1987 CUP. M/S/P Christ/Graves - to adopt Resolution 87-2.1 authorizing the renewal of the Hammes CUP for 1987 until June 1,1987; subject to an inspection by the City staff; the same format as 1986 but change the compliance dates. (Motion carried 4--0). 6. CITY ADMINISTRATOR'S REPORT A. Lake Elmo Representative to Stillwater Area Economic Development Corporation. Hugh Madson asked that the City Council discuss whether Lake Elmo should appoint an official representative to the Stillwater Area Economic Development Corporation. In a letter dated 1-28-•1987, Mr. Madson has volunteered to serve as the City representative. Mr. Madson strongly recommended Lake Elmo have a board member representative on what will become a very important organization. The purpose is to assist in coordinating new business development for the central Washington County area as well as assisting those businesses who are already there. The consensus of the Council was to send this request to the Planning Commission for their recommendation, because it is a planning issue. B. Insurance M/S/P Armstrong/Graves - to hold an informational meeting on municipal state aid program and Nroposed project for 43rd Street, 47th Street, Kimbro Avenue and 50th Street and on the 1987 Insurance coverage on Wednesday, February 10, 1987 at 7:00 p.m. (Motion carried 4-0). M/S/P. Moe/Christ - to hold a mity council meeting on Sunday, February 2, 1987 at 7:00 p.m. to discuss initiatives to oppose the candidate landfill site in the Rak&oHdxho Regional Park. (Motion carried. 4-0). C. Housekeeping Items LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 1987 PAGE 11 City Administrator Overby will secure a mail box for the City hall. Overby suggested a directional sign be put on Highway 5 indicating the Lake Elmo City Hall. M/S/P Moe/Craves - to recommend to the City Staff to make arrangements for a directional sign be put on Highway 5 indicating the Lake Elmo City Hall. (Motion carried. 4-0). M/S/P Moe/Christ - to adjourn the City Council meeting at 10:15 p.m. (Motion carried 4-0). Resolution 87-20 authorizing an allotment of up to $2500 taken.out of the Miscellaneous Funds to hire a geologist to write up a report for Iake Elmo, Resolution 87-21 authorizing the renewal of the Hammes CUP for 1987 until June 1, 1987 subject to an inspection by the City staff, using, the same format as 1986, but change the compliance dates.