HomeMy WebLinkAbout06-16-87 CCMSince we do not have time to discuss every point presented, it may seem
that decisions are preconceived. However, background information is
provided for the City Council on each agenda item in advance from City
Staff and appointed Commissions; and decisions are based on this
information and past experiences. In addition, some items may also have
been discussed at previous Council meetings. If you are aware of
information that hasn't been discussed, please fill out a "Request to
Appear Before the City Council" slip; or, if you came late, raise your
hand to be recognized. Comments that are pertinent are appreciated.
Items requiring excessive time may be continued to another meeting.
AGENDA
LAKE ELMO CITY COUNCIL
JUNE 16, 1987
7:00 p.m. MEETING CONVENES
1. Agenda
2. Minutes: June 2, 1987
3. Claims
7:05 p.m. 4. Landfill Committee Update
5. Public Inquiry: Water Levels on Lake Elmo,
Jane Eisele, 3141 Klondike Avenue
6. PLANNING, LAND USE & ZONING
7:30 p.m. A. PUBLIC HEARING: Variance on Lot Size in
the Shoreland District; Shoreland Permit;
Cudd/Tumulty.
7:45 p.m. B. PUBLIC HEARING: Variance to Allow Approval
of Preliminary Plat for Lake Elmo Heights,
2nd Addition.
8:00 P.M. C. Shoreland Permit: Leroy Howell,
2119 Lake Elmo Avenue
8:10 p.m. D. Simple Lot Subdivision: 9345 31st Street;
Jim Friedrich
8:15 p.m. E. Hammes Mining CUP Report
7. CITY ENGINEER'S REPORT
8:30 p.m. A. 201 Project --Partial Payment to Widmer, Inc.
9:00 P.M .------------------B R E A K----------------------------
9:10 p.m. 8. CITY ADMINISTRATOR'S REPORT
A. 1986 Audit Report
B. Replacement of Radar on Sheriff's Car
C. City Assessor's Contract Renewal
D. Equipment Trailer for Public Works Department
9. Adjourn
LAKE ELMO CITY COUNCIL
JUNE 16, 1987
Mayor Arlyn Christ called the City Council meeting to order at 7:00
p.m. in the City Council Chambers. Present: Christ, Johnson,
Armstrong, Graves, Moe, City Engineer Bohrer, City Attorney Knaak and
City Administrator Overby.
1. Agenda
Add: 10. Executive Session, 10A. Joe Rogers Rezoning, 10B. 201 Land
Acquisition
M/S/P Graves/Moe - to approve the agenda for the June 16, 1987 City
Council meeting as amended. (Motion carried 5-0).
2. Minutes: June 2, 1987
M/S/P Johnson/Armstrong - to approve the June 2, 1987 City Council
minutes as amended. (See 7A. Howard Gelb and 7C. Lake Elmo Heights).
(Motion carried 5-0).
3. Claims
M/S/P Armstrong/Graves - to approve the June 16, 1987 City Council
claims #88862 thru #88927 as presented with the exclusion of claim
#88914 to Widmer, Inc.. (Motion carried 5-0).
4. Landfill Committee Update
Todd Williams reported that he and Dan Novak met with City Attorney
Knaak and City Administrator Overby on June 3rd to discuss the
question of an attorney. Letters were written to Environmental
Attornies Chuck Dayton and Larry Leventhal asking them to make good on
their promise to look over our information and give the committee a
quick assessment of the situation. As of now, there has been no
response from anyone.
No response has been received from the Met Council or the PCA to the
questions that were presented to them at the Munger meeting.
The Metro Council's Solid Waste Advisory Committee took no vote on the
information presented to them by Todd Williams, claiming their
committee will see the EIS draft for the sites.
There will be a meeting at 8:30 a.m. Saturday, June 20th, at Brines
between a few members of the Advisory Committee and Zack Hansen to
discuss the questions that have been submitted to them in order to get
a better feeling of the County's attitude.
LAKE ELMO CITY COUNCIL MINUTES JUNE 16, 1987 PAGE 2
5. Public Inquiry: Water Levels on Lake Elmo,
Jane Eisele, 3141 Klondike Avenue
John Eisele stated that although Lake Elmo will be maintained at 884.5
feet after the 509 Plan is completed, the lake is currently seven
inches below 884.0. This drop in water level has caused the lakefront
in the shallow bay where they live to turn into kneedeep muck which
prohibits swimming and boating.
Jean Eisele added that as the water level drops so drops property
value and the quality of life on the lake. When they bought their
property in 1978 it was lakeshore. Today, they can't even get to the
lake and they were prime lake users. They pay high taxes to live on
the lake and suggested the city compensate by lowering taxes and ask
the VBWD to dig channels to provide lake access and clean yp the
property. Although a petition against the lowering of the lake was
signed by many residents, they had not known what the lowering of Lake
Elmo would do to them. John Eisele added that the 509 Plan was
catastrophic to their property and we're paying $2000 in 509
assessments to lose our lakeshore property.
Mrs. Eisele stated that the lake's clay type bottom creates a fine
dust when dried which blows across the lake to make the water milky
white.
Jerry and Sharon Kromschroeder asked the Council to find a way to make
them lakeshore people again.
Willard Griffin, 2835 Lake Elmo Avenue N., said he has lived on -the
lake since 1941 and has experienced the lake rising and lowering many
times over the years. He was in favor of letting the lake go its
natural way.
The City Council will individually view the damaged properties and
bring the matter up for discussion at the July 7th council meeting.
6. PLANNING, LAND USE & ZONING
A. PUBLIC HEARING: Variance on Lot Size in the Shoreland
District; Shoreland Permit; Cudd/Tumulty.
Mayor Christ opened up the public hearing at 7:43 p.m. in the City
Council chambers.
This is the second application for variances for lot size, basement
and drainfield elevation to appear before the City Council on this
lot. The first request was heard at the October 2, 1984 City Council
meeting. These minutes indicated that a variance for lot size and a
variance for building elevation (897.0 required by the City and 895.0
required by VBWD) was granted, but the Council conditioned the
variance for the drainfield upon receipt of the soils tests and the
The applicant (Steve Howell) never built the home and the lot was old
to the Tumulty's. The Tumulty's are now asking for a greater variance
LAKE ELMO CITY COUNCIL MINUTES JUNE 16, 1987 PAGE 3
than what was already granted. They would like the basement elevation
at 891.0. The drainfield would remain at the previously approved
894.0.
Michael Thompson, Charles Cudd Co., was present to request the
variance for lot size, basement elevation and drainfield elevation for
Lot 8 in Eden Park 2nd Application. Bohrer pointed out that the
difference in this application is primarily the basement elevation.
The elevation that is requested is 891.0. On Downs Lake, the 100 year
flood elevation as calculated by the VBWD is 894.0. Our Shoreland
Ordinance states that the minimum building elevation shall be 3 feet
above the 100 year flood, which would make it 897.0. The 100 year
flood level has been re-evaluated in Eden Park with new information as
being 894.0. Bohrer stated he would be concerned with a basement
elevation of 891.0 because Downs Lake has reached 891.0 or above even
this past year. The lake has been up to 894.0 and stayed there for a
while. Therefore, there are concerns for property damage to the
basement in the form of seepage and even though living quarters are
not planned now for the basement, there is nothing to prevent a
homeowner from finishing the basement later.
Margorie Williams, Vice -Chair of the Planning Commission, voiced
concern on the amount of water flowing into the pond on Peter Durand's
property which flows into the pond beyond Legion Pond and perhaps goes
into Downs Lake. The amount of water flowing through Eden Park was
brought up when the Planning Commission was discussing another
preliminary plat by Eden Parks residents who had water problems.
Mr. Thompson stated that their engineers determined the main level of
the two homes adjacent to the site and they are within two -tenths of a
foot or a couple of inches of each other. Having to drop this home in
order to keep it in the ground that is there would put it about 2 1/2
feet lower than the homes on either side and still 6 1/2 feet above
the street in front. They are attemtping to try to esthetically have
a home fit into the neighborhood.
Mayor Christ closed the public hearing at 8:02 p.m.
Mayor Christ stated that the Council would be doing the City a great
injustice if they granted a variance that would be 3 feet below the
high water mark that exists today and he would strongly oppose this
request.
Councilman Chuck Graves agreed with Mayor Christ and could not see any
hardship demonstrated that would require that they grant a variance.
They would be opening themselves and the potential future owners to
potential problems.
Councilwoman Armstrong hated to see someone move into a new home and
be in trouble immediately with unusable septic systems.
Councilman Johnson would be opposed to the elevation requested because
of the chance it would be flooded.
LAKE ELMO CITY COUNCIL MINUTES JUNE 16, 1987 PAGE 4
City Engineer Bohrer stated that, based on the soil tests, an adequate
drainfield and an alternate drainfield could be constructed at the
elevation of 895.0 or above. Mr. Thompson responded that since the
elevation of 891 would be denied, he would be interested in the 895
elevation that was approved in 1984. Also approved were (1) Lot size
- the lot size is 1.0 acres where 2.0 acres is required. The hardship
being this is a previous platted lot of record prior to the enactment
of the shoreland requirements. (2) Grant variance for drainfield
elevation for 895 where 897 is currently required with the hardship
being there is not sufficient land available above 897 that a
drainfield and an alternate drainfield could be constructed. It was
reaffirmed, as in 1984, that it is determined that 895 provides
adequate protection. The applicant will go through the normal staff
review so the Building Inspector and City Engineer can verify that he
is actually going to build what was agreed upon.
M/S/P Graves/Moe - to reaffirm approval of a shoreland permit which
was granted on 10-2-84 and grant a lot size variance and a minimum
drainfield elevation variance for 895.0 which was acceptable in 1984,
but deny the minimum floor elevation. (Motion carried 5-0).
B. PUBLIC HEARING: Variance to Allow Approval of
Preliminary Plat for Lake Elmo Heights, 2nd Addition.
Mayor Christ opened up the public hearing at 8:20 in the City Council
chambers.
At the June 2, 1987 City Council meeting the Council commented and
passed a motion stating that a variance was not required for the
length of the cul-de-sac because it was considered a temporary
cul-de-sac. Because the public hearing noitce contained the
cul-de-sac length variance, this had to be formally brought up.
Bruce Folz referred to the letter he received from Doug Thomas, dated
June 5, 1987, regarding soil suitability for on -site sewage absorption
systems. The letter stated that the soil survey report itself does
not support nor is it intended to be used as a means of denial for
on -site sewage absorption systems Instead it is to be used as a
guide in recognizing inherent limitations of soils and the need for
further testing. The rating system of slight, moderate and severe is
used as a means of raising a flag to potential unsuitable soil
characteristics for an intended use.
Doug Thomas further stated that in regard to Santiago soils in
Washington County, the soil survey does indicate a severe limitation
for on -site sewage absorption. The severe limitation only indicates
that certain soil conditions (slow percolation) exist that would
prevent the proper functioning of a sewage absorption system and that
detailed on -site investigation is needed. If detailed soil testing
shows that a Santiago soil has percolation rates in the allowable
range or on -site sewage absorption, the soil in fact would be suitable
ror on -site sewage absorption systems.
LAKE ELMO CITY COUNCIL MINUTES JUNE 16, 1987 PAGE 5
Attorney John Stibbe explained that there had been considerable
discussion devoted to the definition of "suitable" soils. Since it
was undecided where 153 soils are considered "suitable" soils, the
Developer is seeking the variances. He feels the hardship in this
situation is the type of soils on the development site. Since the
development contains a large amount of 153 soils which generally are
suitable for septic systems, but not always, there is a hardship due
to this type of soil. The Developer has shown that there is over
10,000 sq.ft. of land on each lot capable of handling septic systems.
This is enough area for two septic systems.
Bruce Folz stated that he had measured the area and there was at least
one acre or more of soils that are either classified 153 or 155 (120
and 264 soils are out). Bohrer responded that now with these new
measurements which have just been submitted, he feels more
comfortable. He felt the engineering recommendations for the
drainfields should be for the record and administratively directed to
the building inspector and the installer. If not, the septic systems
could be put in in violation of the code.
Planning Commission Chairman DeLapp stated that having a preliminary
reading come out 1.0 acres with suitable soils on two lots is
incredible. Also, you have a road going through and the applicant had
already stated the only way the road would go through is if the rest
of the land is brought in with a central sewer system through Oakdale.
DeLapp asked if we are trying to preserve the land by having small
lots with potential sewer problems or are we trying to open up the
land to sewer?
Mayor Christ closed the public hearing at 8:59 p.m.
City Engineer Bohrer had no problem accepting the measurements from a
registered land surveyor. He suggested that Bruce Folz submit those
measurements for the record, signed off with his registered land
surveyor certification number and a motion could made based upon the
information presented at the June 16, 1987 council meeting where they
determined there was 1.0 acres of suitable land and determined that a
variance was not necessary. When asked by Councilman Johnson if Bohrer
agreed from an engineering standpoint that suitable soils can be found
on all of the lots, Bohrer confirmed the statement.
M/S/P Graves/Moe - to grant preliminary plat approval for the Second
Addition of Lake Elmo Heights without the variance for the cul-de-sac
on 27th Street, without the variance on the 1-acre of land suitable
for septic drainfields and subject to a certification of the suitable
soils on each lot be provided by Land Surveyor Bruce Folz, and that
the septic drainfield for each lot be installed in compliance with the
City Engineer's recommendations as contained in a letter to the
Planning Commission dated May 15, 1987. (Motion carried 5-0).
C. ore an Permit: Leroy Howell, 2119 Lake Elmo Avenue
Judy and Leroy Howell were denied a simple lot subdivision earlier
this year based on the City's reluctance to create at least one
non-comforming lot out of one conforming lot, and there was no
hardship proven that would have been a basis to create this
LAKE ELMO CITY COUNCIL MINUTES JUNE 16, 1987 PAGE 6
non -conforming lot.
Mr. and Mrs. Howell have now applied for a shoreland permit with the
intention of adding on to their existing house. There are no apparent
variances needed with this request. This application has been
reviewed by the DNR and they have no problem or concerns with the
request.
City Engineer Bohrer stated that the adequacy of the septic system for
11 people should be determined when the building permit is issued. We
do have the records when the septic system was upgraded recently, but
do not have any records on what percolation rates of the soils that
the permit was based upon in order to determine how many gallons of
sewage this septic can accommodate.
M/S/P Graves/Moe - to grant approval of a Shoreland Permit for an
addition to an existing structure for Leroy and Judy Howell at 2119
Lake Elmo Avenue. (Motion carried 5-0)
D. Simple Lot Subdivision: 9345 31st Street, Jim Friedrich
Mr. Jim Friedrich owns a 11.77 acre parcel of land located just east
of 31st Street and south of the C&NW RR tracks. The land is zoned
R-1. Mr. Friedrich proposes to divide off 7.31 acres of his property
and sell it to Joe Kaiser, who owns a house on property located
directly east of the Friedrich property. The simple lot subdivision
is needed to establish the new Friedrich parcel "C" (4.46 acres) and
the new Kaiser parcel "D" (13.69 acres).
In the City Engineer's letter dated 6-5-87, he referred to a
Developer's Agreement that was drawn up to provide for private road
access to both the Friedrich parcel and the Kaiser parcel. Since this
letter was written, the City Staff was able to locate a signed copy of
this agreement. All the concerns have been taken care of.
M/S/P Armstrong/Graves - to adopt Resolution 87-29 approving a simple
lot subdivision request of Jim Friedrich, 9345 31st Street N., to
create a new parcel of 4.46 acres for Mr. Friedrich and a new parcel
of 13.69 acres for Mr. Joe Kaiser, all subject to the requirement that
the Developer's Agreement be amended as recommended by City Staff and
that there be one legal description for the new Kaiser parcel.
(Motion carried 5-0).
E. Hammes Mining CUP Report
On February 3, 1987 the City Council adopted Resolution 87-21
authorizing renewal of the Hammes CUP for calendar year 1987 with the
added requirement that the City Staff inspect the premises before the
July 1, 1987 compliance dates for cleanup of the problems in the
meeting minutes and in Items 13, 14, 15 of the resolution.
City Administrator Overby accompanied Jim McNamara on a site visit on
Friday, June McNamara stated in his report that the exit and
entrance to the mining area is clean and appears to be properly
maintained. The area around the house has been straightened up and
LAKE ELMO CITY COUNCIL MINUTES JUNE 16, 1987 PAGE 7
many items have been put into piles, making for a neater appearance
than before. The 6 foot wood fence facing the north between the house
and the old blue storage house has been completed. The blue house
facing 10th Street has not been completed as requested. Earl Hammes
did say he had hired a person to complete the work on the structure.
The berm to the west had not been completed as requested and should be
given a time limit for completion. Also, the area around the house
still needs cleaning up and lawn properly groomed. A suggestion was
that for some of the outside storage around the house could be moved
to the low area in back or, preferably, to be removed from the
property completely.
Dorothy Lyons stated that the lawnmower has been fixed, so the lawn
was cut. A contracter has been hired so the blue house (garage) will
be on a permanent foundation by July 15th. Everything the city
complained about along that strip will be removed, so a berm will not
be needed. As far as the notice of insurance cancellation, she stated
she still has until June 29th to pay the insurance premium.
A report is expected back for the July 21st meeting from Jim McNamara
to include the blue house being on a permanent foundation by July
15th, and that the outside storage and clean up is done to his
satisfaction. The outside storage will only include those items that
are allowed in our code.
M/S/P Graves/Armstrong - to approve an extension of the requirements
of the Hammes conditions for their CUP to include work to be completed
by July 15th for placing a blue house on a permanent foundation and
the items suggested in Jim McNamara's letter (paragraph 5) of 6-8-87
are completed to his satisfaction and, furthermore, Jim communicates
what he feels needs to be done to the Hammes'. A report of findings
will be submitted at the July 21st City Council meeting. (Motion
carried 5-0).
7. CITY ENGINEER'S REPORT
A. 201 Project --Partial Payment to Widmer, Inc.
City Engineer Bohrer recommended approval of partial payment in the
amount of $27,505.68 to Widmer Inc. for work done on parts A-B-C of
the 201 Project. This work is all for landscaping type items.
M/S/P Graves/Moe - to approve partial payment request number 7 to
Widmer Inc. in the amount of $27,505.68 for work done on parts A-B-C
of the 201 Project. (Motion carried 5-0).
B. MSA Project Update
City Engineer Bohrer provided a brief update on a municipal state aid
paving project which would involve the redesignation of 43rd Street
North to a MSA Street. Elmer Morris, District State Aid Engineer
tatarl in hi-2 l Attar dated—june 9, 1987 that t1ae reaso.,, for the
denial is that the presently designated route, which is 50th Street,
was approved partly on the basis of the approved Lake Elmo
Comprehensive Plan. Transportation and functional classification of
LAKE ELMO CITY COUNCIL MINUTES JUNE 16, 1987 PAGE 8
roadways. The Existing MSAS route is shown as a collector roadway
which corresponds with 8820.0700 Subp 3A. "--functionally classified
as collector --on the urban municipality's functional plan--." The
43rd Street route is not so designated and is shown as a local street.
Bohrer suggested the city consider amending the map which so refers to
43rd Street in the comprehensive plan and then perhaps they would
review our request more favorably. This amendment will be placed on
the Planning Commission's agenda at the earliest possible meeting.
Bohrer will have a report ready for the July 7th council meeting
regarding the actual design of the paving project. He will look at
the whole map to see if other roads need to be reclassified.
M/S/P Graves/Johnson - to amend the Planning Commission's work plan to
put at top priority redesignating 43rd Street as a collector roadway
and undesignating 50th Street as a collector roadway to be addresed at
the earliest possible meeting for purposes of MSA. (Motion carried
5-0).
8. CITY ADMINISTRATOR'S REPORT
A. 1986 Audit Report
The City's consulting auditor (Voto, Tautges, Redparth & Co. Ltd) has
issued its reports on the 1986 City of Lake Elmo budget.
1. Annual Financial Budget
2. Single Audit Report
3. Management Report and Recommendations
4. Legal Compliance Report
Finance Director Banister is willing to attend a meeting and discuss
the budget wth the City Council.
M/S/P Armstrong/Graves - to accept the 1986 City Budget Audit report
as presented. (Motion carried 5-0).
B. Replacement of Radar on Sheriff's Car
Deputy Gary Swanson explained that in 1981 the City entered into an
agreement with the Sheriffs Dept. where they came up with a program
for all the contract agents to participate as they wish to do so. The
Sheriff's Dept. does not have enough radar so that every patrol car
has a radar unit so, they have to be rotated in and out of each car.
The radar we have now is approximately 7 years old and the life
expectancy of a system is 5 years so they are asking the City to
replace the radar system. If this system is sent in to be fixed it
will cost more to fix it than the machine is worth. This machine would
be traded in for a new machine.
machines meet all the current specifications of the National Bureau of
Standards. Swanson added that with all the road construction and
closing of roads, the traffic level has tripled and the speed doubled
LAKE ELMO CITY COUNCIL MINUTES JUNE 16, 1987 PAGE 9
on Cty Rd. 17 where a radar system can be used all the time, not on a
rotating basis.
Councilwoman Armstrong commented that it's great to have a new working
radar system, but she has talked to Attorney Blondin who said that the
Lake Elmo Deputies are not showing up in Court, and then the cases are
dismissed. So even with new radar it doesn't do much good if they
don't follow through and show up in court. Deputy Swanson stated he
personnally has made all court dates and would make sure his partner
will follow through.
M/S/P Moe/Graves - to authorize the purchase of the Kustom SP10+
radar system in the amount of $1600. (Motion carried 5-0).
C. City Assessor's Contract Renewal
City Assessor Frank Langer was hired by the City in July of 1986. His
current charge for service is $3.96 per tax parcel.
Frank is requesting renewal of his contract for the period July 1,
1987 thru June 30, 1988 and approval of a new per parcel rate of
$4.25.
City Administrator Overby reported that the actual contract expenses
are paid out after January 1, 1988 so the contract renewal poses no
problem for this year's budget.
The percentage increase amounts to 7.3%, but Frank had pointed out
that he has been charging other cities in Washington County the $4.25
rate already. He also noted that the County's rate will likely go
from the current rate of $4.40 per parcel to $4.70 so the new rate of
$4.25 still represents a savings of cost to the City.
Mayor Christ stated that a year ago Frank came to the Council and
offer them 10 percent under the county's rate. It was decided to keep
Frank at his current rate until the County takes action to raise their
rate, so when they go up Lake Elmo will automatically go up as well,
but still remaining 10 percent under their rate. This would be
consistent with the conditions that Frank was acceptable to a year
ago.
M/S/P Graves/Armstrong - to offer to extend Frank Langer's City
Assessor's Contract with Lake Elmo from July 1, 1987 to June 30, 1988
on a per parcel assessment service charge basis set at 10 percent less
than that charged by Washington County. (Motion carried 5-0).
D. Equipment Trailer for Public Works Department
Maintenance Foreman Dan Olinger explained that there has been a need
for an equipment trailer in his department for a long time. For the
past 2 1/2 years, the maintenance crew has been using a trailer
belonging to Carl Olinger at no charge. However, this is no longer a
awe situation.
Olinger recommended the R2026 trailer, $4200, because it has a nice
LAKE ELMO CITY COUNCIL MINUTES JUNE 16, 1987 PAGE 10
flat open deck 8 foot wide which allows him to carry more equipment.
M/S/P Armstrong/Johnson - to approve the purchase of a R2026 trailer
in the amount of $4200 for the Public Works Department. (Motion
carried 5-0).
M/S/P Moe/Graves - to adjourn the City Council meeting at 10:25 p.m.
(Motion carried 5-0).
Form Q1-4 Poucher, Minneapolis
State of Minnesota,
County of W AS ti I tJ f?TO o �.
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Clerk on the 27 — that we, ;
day of M /4'� , 19� the day set forth in the notice given by the Clerk, and in .
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in the following forms. Witness our hands this day of 19 �
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