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HomeMy WebLinkAbout05-05-87 CCMoa N 3� APPROVED y R ;4 hal j LAKE ELMO CITY COUNCIL MAY 5, 1987 Mayor Arlyn Christ called the City Council meeting to order at 7:00 p.m. in the City Council chambers. Present: Christ, Armstrong, Moe, Graves, Johnson, City Engineer Bohrer, City Attorney Knaak (arrived 7:30, departed 9:20), and City Administrator Overby. 1. Agenda Add: 7F. Legion Pond Update and 7G. MSA Update M/S/P Armstrong/Johnson - to approve agenda for May 5, 1987 City Council meeting as amended. (Motion carried 5-0). 2. Minutes: April 21, 1987 M/S/P Graves/Armstrong - to approve the April 21, 1987 City Council minutes as amended. (See 5B. James Jungman (Page 4), 5C. Ed Gorman (Page 9) and G. Personnel Committee). (Motion carried 5-0). 3. Claims Councilwoman Armstrong questioned claim #8723 City Engineer charges of $17,615.17 for the 201 Project if this will be paid by the 201 grant. Bohr_er answered that these costs were incurred back in August of 1986 from the Step 2 work, but were never billed. This will be paid from the 201 fund which will be reimbursed. The attorney fees for the 201 are related to land acquisition and these costs will be eligible for grant funding. Armstrong also questioned if the Fire Department would be paying claim °4#88744 to T.A. Schifsky for installing a blacktop pad at the Maintenance building which was not in the budget. City Administrator Overby said there was a transfer of funds between the departments. This blacktopping work was approved by the Council which was to be taken out of the Fire Department Reserve funds. M/S/P Graves/Johnson - to approve the May 5, 1987 City Council claims #88694 thru #88761 as presented. (Motion carried 5-0). Councilman Johnson thanked Finance Director Marilyn Banister for puttting together the budget figures that were requested. Mayor Christ encouraged the Council to look at the this budget and discuss it at a later meeting. 4. Landfill Committee Update Dan Novak stated that their bill was defeated in the House and the Senate. Now, they are at a point in legislation where they have to rely upon amending the Waste Management Act which is authored by Merriam in the Senate and Long in the House. They know Merriam and Long will not accept it as a friendly amendment. This means it will be extremely difficult to pass it. They are 90o complete with lobbying the entire legislature. They have asked the Governor to LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 2 intervene and support the amendments. A public demonstration is ( proposed by committee members which would have TV coverage by Channel 4, 5 and 11. The County has responded on the City/Committee request for involvement in the EAW/EIS Process which Novak felt was a satisfactory response. The Advisory Committee is asking the County to consider passing a .resolution stating they are going to refuse breaking convenants on park land. Representative Munger set up an informal meeting with Rod Massey from the MPCA, Karen Schaffer from the Metro. Council, and representatives from Washington County for Wednesday, May 6, from 1-3 at the State Office building. The Committee has talked to Steve Keefe and he has stated that he cannot allow them to come before the Metro Council now. Steve Keefe, Chairman of the Metro Council will be coming to Lake Elmo some Sunday night at 7:00 p.m. in the future to talk to the Commitee.There is a process within the Metro Council which starts off with Dick Beens, Solid Waste Advisory Committee Chairman. They are scheduled to go before that committee on June 9th where they will be getting into technical details. It is unknown if Josephine Nunn and the Metro Council subcommittee on Environment and Natural Resources, will hear the Citizens' Advisory Committee. Dan Novak gave Linda Ramirez's financial update in which the Committee has spent $1,115.73 which includes the additional 150 summary sheets that were made up. 5. Public Inquiries A. Proposal for Purchase of Old City Hall Gisela and Jack Lee are interested in purchasing the old village hall building from the City. They want to relocate their upholstery workshop in that space. The City currently receives $500 per month rent on the building from a commercial tenant. This revenue source is offset by maintenance and repair costs, such as the work on the roof recently. The current tenant would like an opportunity to bid on this building if it should be up for sale. Mrs. Lee brought to the Council's attention of how unkept the yard was around the building. The Council will request that Doug Henning clean this up. City Administrator Overby explained that the sale of the building breaks the "grandfather rights" which allow that building to be used now, on a site that would be nonconforming to current City ordinance requirements. If the sale is approved, it would have to be contingent upon granting the necessary variances. Another factor is that the building is located within the right-of-way of Upper 33rd Street. If this street is improved to MSA standards, the building would have to be acquired unless the state review committee would grant a variance. Also, the Fire Department is currently looking at improvements to their gravel parking lot. If the City holds onto the old building and decides to clear it sometime in the future, the space could be used in part for expansion of the Fire Hall parking lot if so desired. LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 3 Bruce Dunn stated that the Code does not allow subdivision of ( contiguous lots to create non -conforming lots. This would open it up in other areas of the City. Chuck Graves asked if the rental is fair market return. Dick Johnson stated the City should not fix the roof if there are plans of tearing the building down. The City Council was not in favor of selling the building because of the factors stated. They asked that the bids for repairing the roof be brought back to the City Council before the bids are accepted. B. Dennis LaCroix, owner of the Twin Point Tavern, 11199 Stillwater Boulevard stated that he wanted to stay in the 201 Program. He is now pumping once a week and would be willing to consider tearing up his blackstop for a drainfield. City Engineer Bohrer will meet with Dennis to try to lay out some new parking configurations and see if they can come up wth a solution. Councilman Moe asked if the Twin Point Tavern could go with Leslie's Floor Decor on a joint system? Bohrer answered they would have to prove a need exists to the MPCA. Right now Leslie's system is working and appears that their water use will be less than the former use that was in there. City Administrator Overby explained that the reinstatement of the Twin Point Tavern can be considered because this is on Part D of the 201 Program which has yet to be bid and contracted out. M/S/P Moe/Graves - to reinstate Stillwater Boulevard back on the (Motion carried 5-0). 6. Composting Agreement the Twin Point Tavern at 11199 201 Program for consideration. This proposal was discussed at the last Council meeting (4-2.1-87). Formal approval of the program was deferred to this meeting so that the City Attorney could review the draft agreement between Junker Sanitation and the City. Bruce Dunn stated that Junker Sanitation would not be emptying all bags, just the non -biodegradable ones. Councilman Johnson asked about requiring a bond for cleanup or for liability because of the possibility of hazardous waste getting combined with the yard waste. Bruce Dunn responed that bonding may not be possible to get. Johnson stated he is in favor of this project, but wants the City protected as best possible. Mayor Christ felt they would monitor it closely, have an annual contract and feels any waste outside the ordinary would be caught rather quickly. Scotty Lyall suggested considering having a disposal site as well for pesticides or a bottle of chemicals. City Attorney Knaak stated the Counties will be looking at this for household waste. Councilmember Armstrong felt they should have had this 6-page composting agreement earlier to look at. If the City Attorney likes the language, she was satisfied, but still felt the Council should have received this agreement earlier. LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 4 M/S/P Graves/Armstrong - to approve the implementation of an expanded composting program operation based on the City Attorney's recommendation to enter into an agreement with Junker Sanitation for such purposes. (Motion carried 5-0). Bruce Dunn thanked Deputy Clerk Mary Kueffner_ for getting this proposal together and typing the compost agreement. Dunn has talked to Maroney and he is not interested, but the City staff should notify Bellaire of this agreement and the opportunity to participate. 7. PLANNING, LAND USE AND ZONING A. Request for Rezoing from Rural Residential to Industrial, TH5 & Stillwater Blvd., Joseph D. Rogers (continued from April 21, 1987). M/S/P Graves/Armstrong - to remove from the table the request for rezoning from Rural Residential to Industrial by Joseph D. Rogers. (Motion carried 5-0). City Administrator Overby stated a letter was received from Sue Dunn encouraging the Council to not permit the rezoning of this area, and a letter from the applicant's attorney, Frederick S. Richards, dated 4-29-87. Mayor Christ explained they heard testimony and had public input at the April 21, 1987 City Council meeting. The Planning Commission voted 9-0 on 12-8-86 to deny this request based on their findings of fact. M/S/P Johnson/Graves - to deny the request for rezoning from Rural Residential to Industrial by Joseph D. Rogers on approx. 17 acres of land on the south side of TH5 immediately west of CSAH (Stillwater Boulevard) and north of the Chicago & Northwestern Railroad tracks based on the following Findings of Fact. (Motion carried 4-0-1<Abstain: Moe>). 1. There is a potential traffic problem due to limited vision for drivers approaching the area from the south on CSAH 6, poor access to the site, and the fact that the intersection is already congested and dangerous. 2. The proposed rezoning is inconsistent with the Comprehensive Plan. 3. The proposed use would add more noise pollution to an area that is already more noisy than what the residents would prefer. 4. The potential for spillage of oils and other liquids at the site could lead to contamination of surface and groundwater, since the Valley Branch Watershed storm drainage project passes directly along the eastern edge of the site (in order to move water from Lake Jane to Beutel Pond and thence to Eagle Point Lake, etc.). LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 5 5. The site is currently zoned Rural Residential. 6. The proposed rezoning would constitute "spot zoning", which is not a recommended or desirable planning practice. 7. The proposed use is inconsistent with the neighborhood. 8. The applicant has not exhausted other possible uses for that property. Councilman Graves commented that he agrees with the applicant that the property is not properly zoned Rural Residential or a proper use of the property. On the other hand, he did not think thaL Industrial Zoning is appropriate for it either, which would leave General Business, Highway Business or some sort of commercial use that would fit the location and nature of the roadways. This particular application and request for Industrial zoning is appropriate. Councilwoman Armstrong stated that Attoney Richards has gone into alot of detail about reasonable use. Armstrong beieves that Rural Residential is a reasonable use for that land. B. PUBLIC HEARING: Variance to Setback from Ordinary High Water Mark; Shoreland Permit, Norman Lyall, 4515 Birchbark Trail N. Mayor Christ opened up the public hearing at 8:08 in the City Council chambers. Public notice was duly published and sent. Norman Lyall, 4515 Birchark Trail N., wishes to replace an existing 8' x 12' shed on his property with a 14' x 22' storage building. The old shed will be discarded. A variance to setback from OHWM and a shoreland permit is requested. City ordinance requires that a building permit be issued to allow the building to be moved into the City. Due to access problems, Mr. Lyall moved the building across the ice on Lake Jane this Winter and onto the property so trees would not have to be removed. Mr. Lyall was advised by the City that to bring the building in was at his own risk, but that the City Council would have to consider approving the request. The building is sitting on a common lot now where he has permission to keep it. There is 61 feet from the building site to the water. The DNR had no objections. The Planning Commission indicated on 4-13-87 that the relocation should be allowed, as the building is compatible with other development in the area. Susan Callas, 4539 Birchbark Trail, felt it was a terribly large structure and had concerns of where the shed would be located because when she looks out her window she sees the storage shed. City Engineer Bohrer stated in variances like this where they vary the horizontal distance, they like to have the vertical separation from the high flood mark. The high flood mark on Lake Jane is going to be LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 6 926 when everything is in operation. Scotty Lyall's walk -out level is at 928.6 or 2.6 feet higher than the 100 year flood. Scotty said this would be a foot higher than the house. Bohrer suggested that this be a condition of the approval that the minimum elevation should be at least 929 which will be 3 feet about the 100 year flood. This would be consistent with the City Shoreland regulations for elevations. Mayor Christ closed the public hearing at 8:22 p.m. Councilwoman Armstrong felt the neighbor's complaints would be nullified when the trees come up and she will not be able to see the shed. The elevation of 929 feet would be consistent with the Shoreland regulations. M/S/P Armstrong/Graves - to grant the variance from the required setback from OHWM as long as the vertical height is 929 feet to Norman Lyall at 4515 Birchbark Trail No. (Motion carried 5-0). M/S/P Graves/Johnson - to approve the appliclion by Norman Lyall at 4515 Birchbark Trail N. for a Shoreland Permit to allow replacement of an existing 8'xl2' shed on his property with a 14' x 22' storage building. (Motion carried 5-0). C. PUBLIC HEARING: Variance to R-1 Lot Size within the Shoreland District, Alex Wawiluk Mayor Christ opened up the public hearing at 8:24 p.m. in the City Council chambers. Public notice was duly published and sent. There was no one to speak for or against the application. Mr. Alex Wawiluk's property is located within 1000 feet of Lake DeMontreville, thus Shoreland District regulations apply. Mr. Wawiluk wants to build a new house, but he needs a variance to the Shoreland District ordinance. The code contains an exemption for lot width for previously platted lots, but there is no exemption for lot size. The lot is 1.0 acre and the surrounding land. is either platted and developed, or in City park land. Mayor Christ closed the public hearing at 8:30 p.m. M/S/P Moe/Armstrong - to grant the variance for lot size exemption in the Shoreland District to Alex Wawiluk, 7920 DeMontreville Trail N., based on the hardship that this is a previous platted 'lot of record and that no other land is available. (Motion carried 5-0). M/S/P Graves/Moe - to grant the Shoreland Permit to Alex Wawiluk, 792.0 DeMontreville, to allow construction of a residence. (Motion carried 5-0). l City Engineer Bohrer had two comments for the applicant. It appears from the site plan that his driveway will be coming out on DeMontreville Trail. This is a County road so Mr. Wawiluk will need to LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 7 get a County permit for a driveway. There is a small wetland on the south corner of the lot. There needs to be a 75 foot setback from the drainage easement on the plat for his drainfield. D. Amendment to Conditional Use Permit to Allow an Asphalt Mix Plant as a Temporary Use, Richard and Eileen Bergman, 5833 Lake Elmo Avenue Trunk Highway 36 will be reconstructed this Summer. The old blacktop surface will be stripped off and reused with new aggregate and oil. This mixing process must be done in an asphalt processing plant which should be located very close to the project. The contractor for the highway project, Anderson Brothers Construction want to locate this plant on land owned by the Bergmans. This site would minimize the intrusion on the community and have very good access to the highway. The Bergmans have applied for a temporary Conditional Use Permit under the Alternative Uses Section of the Agricultural zoning dstrict. Dick Bergman explained that there was a new location (200' x 200' = 1 acre) proposed for the plant site. It would be right behind his retail garden center (all on his private property) in a low spot with trees around it. The natural lay of the land on the site location drops down and the plant will be hidden. Bergmans have given Anderson Construction permission to use their irrigation well. Water use varies from day to day depending on the amount of sunshine or how dry the aggregates are. This could be as much as 5,000 gallons a day. City Engineer Bohrer figures this out to be less than 3 1/2 gallons a minute which is less than a residential well and would have no effect on the water table. Mayor Christ would like testing prior to site restoration and see periodic checks by the City Engineer or Building Inspector. Also, soil borings every 2-3 weeks at the expense of Mr. Anderson. Christ felt we desperately need a new surface on Hwy 36. With the protections that are being planned, they will provide for very minimal destruction to anybody in the community. Councilman Johnson asked if there would be liners in the fuel oil bermed areas. Anderson said they would have liners if this is required by the City. City Engineer Bohrer stated he was not concerned about spills because when the plant is in operation MnDOT will have a full-time inspector in the plant. They sample the quantity of asphalt cement that is going in the mixture and monitors the amount of tons hauled back and forth. Bohrer felt that ground water monitoring wells are not necessary. Mr. Anderson said there would be 70 working days starting May 18th. This would be 12 hours per day, 6 days a week. There will be no work ( on Sundays or holidays. They willhave a performance bond with the State of Minnesota for the entire project and will provide the Bergmans with a bond for use of their property. It would also cover LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 8 any of the areas that they work outside of the project. City Attorney Knaak felt a bond for the City is not needed. Councilman Graves asked about the noise and the odor of the blacktop. Anderson responded that the odor is not repugnent and hasn't had anyone complain about the odor unless you are standing right there. All of the material is contained in tanks and goes out as mixture. As far as noise, the loader and backup alarm would make the most noise. Councilman Johnson stated that the Bergmans have made some concessions by moving the location and changing the driveway around. He was certainly glad that this issue had gone through the public hearing process. The contractor has a contract with a reasonable profit margin built in with a bid award in the amount of $3,751,472. The property owner is being compensated and the residents of Lake Elmo, as a whole, are benefiting by the improved highway. He would like to see the residents in the area be compensated for their inconvenience. For example, a fee attached to each load that is hauled out, the City would collect and disperse money among the neighbors. City Attorney Knaak felt this was imaginative, but highly illegal. This proposes a public fee for private purposes. Pauline Enberg, 5531 Lake Elmo Avenue N., gave a doctors statement to the Council stating that her son has allergies along with asthma and uses an inhaler. It seems that his symptoms get worse by dust and other inhalents and his symptoms could become worse if an asphalt plant is in his neighborhood. Bob Enberg stated he has been able to get away with having his windows open and enjoyed a nice country living style. He has not had to install central air_ conditioning. He feels now he will have drastic changes in his living style. He also voiced a concern on his property value dropping because the asphalt plant is located nearby if he should want to sell. A resident pointed out the issue of variances needed. City Attorney Knaak pointed out that granting variances are not appropriate for a temporary use. M/S/P Moe/Armstrong - to adopt Resolution No. 87-27 granting Richard and Eileen Bergman the temporary conditional use permit to allow operation of an asphalt mix plant by Anderson Brothers Construction Company on a site to be located on the Bergman property for 70 working days starting May 18th, as specified in the resolution granting the permit; subject to the following permit requirements. (Motion carried 4-1<Johnson: the fact that the neighbors cannot be compensated in any way and he wished that somehow this could have been done. He thought the contractor could have planned to put some compensation in his bids that would benefit the neighbors. He also felt the property owner had made concessions and it probably would not be a bad operation>). 1. Berming shall be placed around the diesel and fuel oil tanks and the bermed area shall be lined with a suitable plastic liner per MPCA requirements for bars& containment areas. (bermed) LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 10 frontage road. Mr. Rosen explained there are presently six business uses operating in the 65,000 square foot building, which had been used as a cannery at one time, without benefit of a conditonal use permit. Mr. Gelb is trying to find a method to have official sanction by the City for the uses that are in the building now and had no problem with the Planning Commission's recommendation. 1. Tortilla Factory -- 6 employees, 2 bathrooms, no processing waste. Planning to add four more employees in the next four months. 2. Product Vending Systems -- dry storage space rental. 3. Huang Trading Import Co. -- dry storage space rental. 4. Diversified Bank Installations -- contractor for installation of electronic equipment for banks, 2-3 employees. 5. Nordic Concepts -- wood cabinetry manufacturing, 6 employees. 6. Rygmyr Foods -- processing of popcorn into various manufactured products, 10-15 part-time employees. Will be moving out of the building in late June. The applicant wished to continue using the building and immediately surrounding area (approximately 5 acres) for rental to commercial and manufacturing businesses. No expansion of the existing building size is anticipated. City Engineer Bohrer's site visit and review comments indicate that ,the two exisiting septic systems are in need of improvement. This .expansion would have to go beyond the 5-acre area where the conditional uses would be allowed. ;Mayor Christ felt it was an existing building and certain things have been occuring over the years in this building which are not hurting anything. The type of business that goes in there would be governed under the Alternate Conditional Use Permit. He ees no problem with this and would be willing to grant the necessary variances to allow ;the Alternate Ag Use. iCouncilman Graves felt this would .not fit well under the Alternate Uses to Agricultural zoning because of the nature of the variances that are required. When the alternative uses ordinance was put in place, they were quite concerned about the limitations that could be allowed under this. He hates to see the City granting variances on an ,ordinance that they just got done tailoring to fit a fairly narrow set of specifications. Graves explained this is a General Business type use there and would like to see this formalized under a CUP. ("-1 i Councilwoman Armstrong did not favor putting this in General Business, right in the middle of all the Ag land, this would be a big mistake. We are centering a business area in the old village and along the MUSA LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 9 2. The temporary use permit period shall be for 70 working days, Mondays through Saturdays, exclusive of rainy days. 3. The operating hours starting May 18th shall be from 7:00 a.m. to 7:00 p.m., Mondays through Saturdays; with 10 days allowed where work may continue until 8:30 p.m. 4. No overnight camping or residence by workers shall be allowed on the work site. 5. Dust control measures shall be implemented for the access road and the area where the asphalt plant will be operated. 6. A map indicating the actual location of the temporary use area and the access road shall be provided. 7. Security lighting shall be directed on the work site and not shine towards adjacent property. 8. A snow fence shall be erected around the holding pond areas to restrict access by unauthorized persons. 9. The land at the work site shall be reclaimed to the original or better -than original conditions existing prior to operation of this temporary use. Councilwoman Armstrong stated there are controls that the City Attorney and City Engineer have stated. Mayor Christ felt the compensation both in the past and the future might allow the residents out there to continue to enjoy the open spaces once this is completed. If we continue to not provide every opportunity for farmers not to go bankrupt or to not provide any economic gain, they will be in front of the City Council to get their property rezoned and higher density. When we have a situation where an individual wants to keep farming and provide those open spaces, Christ felt this is a concession the City would make to provide for future open spaces. Councilman Graves recognizes the concerns of the residents in the area and empathizes with them. The reason he voted for the motion was the locating of the facility at this site will benefit the greatest number of the community. We have to balance the total health, safety and welfare of all the residents, those close to the facility as well as those that will be benefiting from it. E. Rezoning from Agriculture to General Business with a CUP or an Agriculture Zoning Alternate Uses CUP, Howard Gelb, 11490 Hudson Blvd. Attorney Bill Rosen was present to represent Howard Gelb who is the new owner of the former Lehman Mushroom Company building, located on a 40-acre land parcel approximately 3/4ths mile north of the I-94 LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 11 I line area. Armstrong thought it was Graves's suggestion to have the 'j resident living on the site because them there would be somebody there to watch so they wouldn't have to have police protection. By going into Alternate Ag uses, you preserve the open spaces, which is the idea, and would be the best way. Armstrong added that this was far from perfect and wasn't the exact intent of the Agricultural Alternative uses, but is far better than making it General Business. Councilman Moe did not want to see anyone put out of business. He was not in favor of an Agricultural CUP, but wanted General Business zoning with a CUP. City Administrator,Overby explained that the City can only restrict the conditional uses with a CUP in the General Business zoning district, not the other permitted uses in that zoning district. The only conditional uses in GB are manufactuing, open sales lots and drive-in busineses. 1 Councilman Johnson commented that a CUP does gives the City Council an annual review of the operation. M/S/P Armstrong/Johnson - to adopt Resolution 87-28 granting Howard Gelb, 11490 Hudson Blvd., an alternate Ag Uses CUP based on the staff findings in the cover sheet of 4-27-87 and to hold a public hearing on June 2, 1987 to consider the variances and contingent on City Engineer Bohrer's recommendation on the upgrading of the two septic systems. (Motion carried 3-1-1<Moe><Graves: abstained because he hates to see the City so badly alter the intent and impose so many variances on an ordinance that they just got done working on. He feels Mr. Gelb has a good operation and is glad to see him in the community.>). P. Legion Pond Update City Engineer Bohrer reported that the City has applied for a grant from the DNR to add some emergency flood damage relief funds up to $15,000. We should know by the next meeting if we get this grant. The,,City just received a letter from Nels Nelson of the VBWD containing their recommendation on the preliminary fund as a result of the City's petition to the VBWD to do this project. Bohrer was concerned about the late date of August 27th for the managers to make i a decision to order the project.. Another concern is the preliminary fund and he does not understand the non -project costs if they are going to be added to the preliminary fund. After much discussion, Councilman Johnson stated that the VBWD has a pump that will be shutoff on May 15th and they have hundreds of yards of quick -connect pipe. The City could do an emergency project and the VBWD operate the pump as they did for Lake Jane. It would have to be investigated as to how long the process would take. With an above ground pipe, it depends on how long we can leave the pipe there. It was suggested to investigate the pumping done by the city versus pumping done by the VBWD, get the initial cost and then get the homeowners' opinions. The Valley Branch has two pumps; a submersible pump and an irrigation LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 12 type pump. Bohrer wants to look at the capacity of the pump to see if it would keep the pond from rising into the homes,.even if started at 883. This could be 2 to 3 weeks of pumping. David Gear on Lake Elmo Avenue seemed willing to co-operate and give the City an easement. The power source is 1000 feet away on the east side. The pump could be put on the east side and lay pipe around the pond. Bohrer asked if it is the Council's hope to do this one-time pumping at about the same time Lake Elmo is done and that all this together would lower the water table enough that we can walk away from Legion Pond. The Council responded that it didn't have to be a one-time pumping. M/S/P Graves/Moe - to instruct City Engineer Bohrer to make a preliminary cost estimate for a quasi -permanent installation of pipe and electric pump for purposes of draining and maintaining Legion Pond at a level of 883 feet or lower. (Motion carried 4-1<Armstrong: she hasn't seen a pumping project in Lake Elmo that would be the ultimate answer and that didn't cause problems further down the line.>) The Staff will notify the immediate residents on Legion Pond of an informational meeting on May 19th. The City Engineer will review the VBWD letter and will come back with options at the next meeting. G. MSA Update City Engineer Bohrer reported that MnDOT has accumulated enough variance requests from othere communities to schedule a hearing. This should be done at the end of June. However, in reviewing the City's variance request, MnDOT did point out that the variance is being requested for a road that is presently not on the State aid system. They said they cannot rule on a variance for something that is not on the state aid system. The Council has to consider whether they should request a change in designation from the northern .route (Kimbro and 50th Street) to the southern route (43rd and Kimbro). The procedure ,would be that the City Engineer sends a letter of request to the State Aid Division. If they agree that this is in accordance with their rules and regulations, then they would inform him of that and the next meeting a resolution would have to be passed. Presently, the City does have enough excess mileage in its state aid account that it could physically designate about 9/10ths of a mile. Councilman Johnson suggusted they pursue the southern route with the variance ahead of the northern route because of the large oak trees there. ;The priorites are: 1. Southern Route with the variance 2. Southern Route with (friendly) taking of the house, 3. Northern Route *4. Consider doing 47th Street alone if larger project gets delayed. M/S/P Graves/Johnson - to have the City Engineer approach the State on changing the designation from the northern route to the southern route so the variance request can be acted upon. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 13 City Engineer Bohrer handed out a letter from Gordon Fay, from the Minnesota Department of Transportation stating their record show that _-/ as of April 20, 1987 we have $382,939 available for construction, not including the 1987 allotment. Our City should reduce this amount by $82,939 to a balance of $300,000 to avoid a possible adjustment recommendation by the Unencumered Construction Fund Subcommittee. If the balance is not reduced by June 30, each city will be asked to supply the subcommittee a status report of the progress made toward awarding a construction project. *Bohrer explained another option would be to do 47th Street (1/2 mile). 8. CITY ADMINISTRATOR'S REPORT A. Review of Bids for Maintenance Pole Building New bids were opened on Monday April 27, 1987. The following were the three bids received based on the specifications for a 42' x 75' pol.e building prepared by Dan Olinger and Mary Kueffner. Menards $15,900 Morton Builders $17,718 Lesters $17,378 M/S/P Johnson/Graves - to accept the lowest responsive bid from Menards for $15,900 for a 42' x 75' pole building based on the staff recommendations and award the contract accordingly. (Motion carried 5-0). City Attorney Knaak is, working on getting the $5,000 downpayment back from Morton Builders from the first bid. B. Approve 1987 Planning Commission Work Plan This item was discussed at the previous Council meeting on April 21, 1987. City Administrator Overby recommended that the four top priorities of the Planning Commission in 1987 should be: 1. Review/comment/recommend to the City Council. 2. Finish the process of amending/updating the 1986 Comprehensive Plan. 3. Amend the zoning ordinance to include the "one percent rule" for rate and volume of surface water runoff. 4. Amend local Shoreland Ordinance regulations to conform to pending State regulation changes. M/S/P Graves/Armstrong - to approve the 1987 Work Plan for the Planning Commission as amended (#15 Discuss Overlay District, Add: ( Amendment to the alternate Ag Use and allowing temporary use permits). i (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1987 PAGE 14 C. Discussion of City Policy Meeting Time >, The City staff found that 10:30 p.m. time limit is a matter of policy, not a requirement by ordinance. A copy of that policy was enclosed for their information. M/S/P Armstrong/Graves - to amend the City Council Policy on Council Meeting time by deleting the 10:30 adjournment time and all of #4 and #7. (Motion carried 5-0). D. Set Date for City Administrator's Mid -Year Performance Evaluation The City staff will submit their job descriptions by the beginning of June. M/S/P Moe/Armstrong - to meet at 5:30 p.m. on June 2nd, 1987 at the Lake Elmo Inn before the scheduled City Council meeting to discuss the City Administrator's Mid -Year performance evaluation. (Motion carried 5-0). M/S/P Graves/Armstrong - to adjourn the City Council meeting at 12:15 p.m. (Motion carried 5-0). Resolution 87-27 - granting Richard and Eileen Bergman the temporary conditional use permit to,allow operation of an asphalt mix plant by Anderson Brothers Construction Co. Resolution 87-28 - granting Howard Gelb, 11490 Hudson Blvd, an alternate Ag Uses CUP based on the staff findings o€ 4-27.87. 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 7:00 p.m 7:05 p.m. 7:15 p.m. LAKE ELMO CITY COUNCIL MEETING CONVENES 1. Agenda 2. Minutes: 3. Claims MAY 5, 1987 April 21, 1987 4. Landfill Committee Update 5. Public Inquiries A. Proposal for Purchase of Old City Hall 6. Composting Agreement 7. PLANNING, LAND USE AND ZONING 7:45 p.m. A. Request for Rezoning from Rural Residential to Industrial, TH5 & Stillwater Blvd., Joseph D. Rogers (Continued from April 21, 1987). 8:00 P.M. B. Public Hearing: Variance to Setback from Ordinary High Water Mark; Shoreland Permit - Norman Lyall, 4515 Birchbark Trail N. 8:15 p.m. C. Public Hearing: Variance to R-1 Lot Size within the Shoreland District -Alex Wawiluk 8:30 p.m. D. Amendment to Conditional Use Permit to Allow an Asphalt Mix Plant as a Temporary Use -- Richard and Eileen Bergmann, 5833 Lake Elmo Avenue 9:00 P.M .---------------------B R E A K--------------------- 9:05 p.m. E. Rezoning from Agriculture to General Business with a CUP or an Agriculture Alternate Uses CUP --Howard Gelb, 11490 Hudson Blvd. 9:35 p.m. 8. CITY ADMINISTRATOR'S REPORT A. Review of Bids for Maintenance Pole Building B. Approve 1987 Planning Commission work Plan C. Discussion of City Policy on Council Meeting Time D. Set Date for City Administrator's Mid -Year Performance Evaluation E. Other 9. Adjourn