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HomeMy WebLinkAbout08-18-87 CCMAPPROVE, LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1987 Mayor Arlyn Christ called the City Council meeting to order at 7:04 p.m. in the City Council Chambers. Present: Christ, Johnson, Armstrong, Moe, City Attorney Knaak and City Administrator Overby. Absent: Graves 1. Agenda Add: (EXECUTIVE SESSION for 7. City Attorney's Report, 7A. Enforcement Issue --Derrick Land Company, 7B. Madson vs. City of Lake Elmo), 8F. Wiring for Pole Shed. M/S/P Moe/Johnson - to approve the agenda for the August 18, 1987 City Council meeting as amended. (Motion carried 4-0). 2. Minutes: August 4, 1987 M/S/P Moe/Johnson - to approve the August 4, 1987 City Council minutes as presented. (Motion carried 3-0-1<Abstain: Armstrong>). 3. Claims M/S/P Armstrong/Moe - to approve the August 18, 1987 Claims #89121 thru #89177 as presented. (Motion carried 4-0). 4. Landfill Committee Update Todd Williams reported the Citizen's Advisory Committee has spent $1,439.27 (out of the approved $1500) which has been confirmed. They have a checking account with the Lake Elmo Bank with $120 in it from contributions. They are working to get permission to solicit signatures in the park and should have more news on this for the next meeting. Todd introduced guests Leslie Davis, President of Earth Protector which is an environmentalist organization located in Minneapolis. Mr. Davis blamed current landfill problems on state policy, which considers burying and burning waste a priority over alternative methods of disposal. Davis added that many people want recycling programs, but because of the lack of state funds they cannot seem to make an awful lot of ground. Earth Protector advocates separating recyclable waste from the rest and then determining what method of disposal is appropriate. Accompanying Mr. Davis was Arthur Jokela, a California professor of landscape architecture who has been studying waste management over the to perhaps uniquely redevelop some alternatives. The Citizen Advisory Committee requested the City Council's Earth LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1987 PAGE 2 support for a fee of $1300 from the city, or approximately 20 cents per resident, in exchange for Earth Protector being a source of information to help in the committee's struggle against location of the proposed landfill. The Committee will document Earth Protector's services and the City will receive copies of all information. M/S/P Moe/Armstrong - to approve a $1300 fee for services from Leslie Davis, Earth Protector, to help the Citizens Advisory Committee's struggle against the proposed Lake Elmo landfill. (Motion carried 4-0) . 5. Old Lake Jane Landfill - Status Report by Washington County on Cleanup & Monitoring At its August 4th meeting, the City Council approved the County's request to pump out and spray water from Monitoring Well "I" at the old landfill. At that time, the City Council directed the City staff to invite Washington County staff or consultants to appear at the next Council meeting in order to update the City Council on the status of the landfill cleanup and monitoring of water quality in the private drinking water systems. Paul Josephson, representing Washington County reported that the Lake --Jane landfill which operated from 1969-75 was the first permanent landfill in the state at a time when there were not a lot of rules and - regulations. This kind of landfill would never be allowed in the State of Minnesota again. According to Josephson, efforts will continue to concentrate on the northwest corner of the landfill area where contamination levels are highest. Pumping and air stripping (spraying of water) will continue there. He added that some wells -have no concentrations of contamination, other contain acceptable levels, and still others exceed acceptabe limits. He noted the groundwater seems to flow in a southerly direction through the area, -picking up residue from the landfill itself. Mary Luth, County Public Health Dept., noted becasue of the ground water levels dropping, they are considering pumping well "A" located just south of well "I" along Jamaca Avenue. They are not prepared to talk about it now, but will put something in writing to the City Council when they have more information. - 6. PLANNING, LAND USE AND ZONING A. Shoreland Permit: Jerry & Diane LeMire, 8051 50th St. N. Jerry and Diane LeMire wish to construct a 16-1/2' x 28' addition to their house. The property is located within 1000 feet of Lake Olson, -therefore Shoreland Regulations apply. A review by the City staff indicated that no variances are needed, and the City Engineer and DNR -had no problem or concern with this application. -M/S/P Armstrong/Moe - to grant a Shoreland permit to Jerry & Diane Lemire, 8051 50th St. North, to construct a 16-1/2' x 28' addition to their house. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1987 PAGE 3 B. Preliminary Plat: Packard Park 2nd Addition The public hearing for this plat was held by the Planning Commission on June 8, 1987. The request was tabled until a drainage plan and surface water runoff calculations were submitted. The Planning Commission reviewed this plat on August 10, 1987. The City Engineer's letter of August 7, 1987 discussed the drainage plan and runoff calculations, along with the existing water problems in the area of Eden Park Addition. The letter indicated that the drainage plan does meet City requirements and the 1% Rule. City Engineer Bohrer recommended approval of the preliminary plat and drainage plan with conditions specified in his letter. The Planning Commission voted to recommend denial of the plat by the City Council, due to a concern about the 24th Street and Court cul-de-sac exceeding the 800' limit. Planner Bruce Folz, representing landowner Gene Peltier, explained that the land is properly zoned, all of the lots have at least one acre suitable for septic systems purposes, there is sufficient land for two separate drainfield sites and all meet the minimum lot size requirement. Folz added, that according to City Engineer Bohrer, the drainage plan supplied by the developer meets city requirements and the 1% rule. Run-off created by water flow over roads, houses and driveways will drain into an excavated storage pond in the proposed Third Addition. Folz pointed out that the cul-de-sac is temporary and eventually a road will be put through in compliance with the code. Many of the residents of Eden Park felt that compliance with the code wasn't enough. They felt that all the water that flows off the Packard Park development will go to a pond on the Durand property and then right into the basements of the homes on Legion Avenue. Ann Bucheck, adjoining landowner, addressed her concerns stated in Appendix A. Bucheck predicted they were living on a street that is going to be under water someday. She asked "what was the obligation of the city to those of us who built their homes, having been allowed by the city, not knowing we were doing anything wrong? She added that no one along Legion Avenue had to obtain a variance to build, yet now some of the drainfields are underwater and her neighbors have had to pump their basement for a year. She urged the council to consider the proposal carefully in light of the current water problems. Linda Voge stated she built in Eden Park thinking she was doing great. She was within 85 feet from the nearest water, but now 11 years later it is five feet from her back door. She wants the city to consider that she is there and wants to protect herself Linda Stone asked the Council to follow the same stringent policies they set for School District 916 when they came before the Council. She felt that what Mr. Folz has presented is going to be not as strict and net as e f f e eto=e. She 14:kes hake Elmo and does nut want to !lave water problems and have to leave her home. LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1987 PAGE 4 Mayor Christ stated that he had 100 percent confidence in our City Engineer. He could not say he had 100 percent confidence in what was done back in 1975 or 1976. Bruce Folz pointed out that the watershed district and the city set the regulations, not the developer. Regardless what Gene Peltier does, these residents still have a problem and it would best if they and the City worked it out. Councilwoman Armstrong has reviewed the Valley Branch Watershed District plan which referred to Downs Lake. It stated that Downs Lake is a relatively small lake east of Lake Elmo which receives drainage r from the old village of Lake Elmo and Lake Elmo airport. The large drainage area indicates a sizeable potential runoff.volume to the lake in an amount well in excess of the lake storage capacity. The fact that overflow from the lake has occurred only infrequently indicates a high infiltration capacity in the watershed and high seepage capacity from the lake. As development occurs, more frequent discharge into Horseshoe Lake may occur. An increase in storage capacity is possible if the lake is joined to low areas between Downs Lake and Lake Elmo. Armstrong explained that at the time of the rezoning a couple of years ago, they were concerned about Legion Pond then, as they are today, but Eden Park pond had not overflowed to the extent it has now. Since we have rezoned this area to R1, the water has raised to the point of this drastic situation. The City does not want another problem like Legion Pond. This plat is 30' to 40' above the nearby development. The additional water is inevitable with this development. Even with the 1s Rule which will take care of the surface water, we do have 700 gallons per day per home coming on to the property on each yard and seeping down through the yard, which has not been discussed or included in the to Rule. Mayor Christ suggested tabling this until the Council gets additional information from Larry Bohrer if there is anything that we can do from the standpoint of seeking help from the Valley Branch Watershed District. They may have been amiss to -not include Downs Lake in the Valley Branch Plan. Armstrong responded that it was not part of the main stem, which was the reason it was not included. Armstrong added that in our code book under the procedure for subdivision, it states that provision for surface water disposal drainage and flood control must be within the boundaries of the proposed property division. The problem is the pond is in the part that is zoned Rural Residential and not in the rezoned area. Knaak responded that;as Mr. Folz interprets the code, we do not require every plat to have all the water contained within the boundaries, but what we require is that some provision be made for the water that is drained. One thing the Council may want to do as a condition after preliminary approval, prior to final approval, is to see that that pond is included in this plat. Engineer has been satisfied that the additional requirements have been met and there is no basis to turn it down under those criteria. You LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1987 PAGE 5 can establish, on a basis of health or safety, that there are other reasons to turn it down. While granting preliminary approval doesn't guranatee final approval, the council would have a tough time finding a suitable reason for denial of the preliminary plat, since the proposal meets City Code. M/S/P Moe/Johnson - to table this application until the September 1st City Council meeting in order for the City Engineer to make an assessment of the water problem on Legion Avenue/Eden Park Pond and report back to the City. (Motion carried 4-0). M/S/P Armstrong/Johnson - the City Council is strictly looking at Packard Park 2nd Addition and not the concept plan for 3rd Addition. (Motion carried 4-0). C. Future City Land Needs--MnDOT Right -of -Way at 4th Street and Ideal Avenue The Mn Dept. of Transportation is preparing to sell off parcels of land left over from the "northern route" freeway corridor that it acquired in the 60's and 70's. The City of Lake Elmo may be able to acquire some of this land, if it expresses an interest to MnDOT. The specific property in question is a triangular area bounded by 4th Street and Ideal Avenue. The total area, including 1.0 acre of existing city land, equals about 10.3 acres. Potential public uses for the land include: neighborhood play park, site for a water storage tank/tower based on the several areas of residential future land use which indicate possible housing development and a site for fire station number three. The proposed public uses are not for roads, so the City would likely have to purchase the land from MnDOT. The Planning Commission and Parks Commission both recommended that the City express an interest in acquiring the property of public uses. The City Administrator stated that MnDOT indicatedthe market value for 7.2 acres would be "around $150,000". M/S/P Armstrong/Johnson - to direct the City Administrator to express an interest to MnDOT in the 9.2 acres of state-owned land for public uses if the price is right, but not to buy the land for park land. (Motion carried 4-0). 8. CITY ADMINISTRATOR'S REPORT A. Update on Oak Wilt Aerial Inspection -David Stephenson of the S. Kunde Forestry Consultants Company and City .Administrator Overby flew over the Lake Elmo community on July 6, 1987. Mr. Stephenson submitted a report along with a list of the City. The City Administrator has identified preliminary location for all of - LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1987 PAGE 6 the diseased trees, but these sites should be verified by field inspection. The City Council suggested that an article be written in the newsletter addressing the cutting and transportion'these diseased oak trees. A letter will be sent to the six property owners who have been affected by oak wilt. City Administrator Overby will contact Lyn Steiner to ask for help from the County Extension office in pinpointing affected areas and get more information for controlling oak wilt. B. Update on 201 Assessment Hearing At the August 4, 1987 meeting the City Council set September 1, 1987 as the date for the City's 201 Assessment hearing for parts A-B-C of the 201 Program. Since then, the City was advised by Washington County that it would hold the 201 assessment hearing September 23rd for all four parts of the 201 Program. The County based its decision on the Joint Powers Agreement entered into by the City and County on 9-18-84. City Attorney Knaak agreed with the County's claim as to its right to hold the hearing. The City staff will provide the necessary information to the County in order to allow it to conduct the assessment hearing. C. Parks Commission Projects At a special meeting on 8-11-87 the Parks Commission discussed the following 1987 special projects: 1. Purchase of fill material to take care of a hole in the corner of Kleis Park. 100 to 150 yards will be needed. A motion was passed to spend up to $500 on purchase of fill to resolve this problem area. The City Maintenance Foreman advised the City Administrator on 8-12-87 that he felt enough fill could be brought in by arrangements with local contractors looking for disposal sites. Also, there may be some excavation fill related to Part D of the 201 Program. For these reasons, the staff feels that the recommended expenditure is unnecessary. 2. Purchase of Black Dirt for the Kleis Park Ballfield The Parks Commission wants to buy black dirt to be dumped on the ballfield. Neighborhood volunteers will spread the dirt and seed it in September. The Maintenance Department estimates the cost for 100 yards of black dirt delivered to the site will be about $550. The lowest quote the City Staff received was from Schifsky for $400 for the black dirt and $150 from Associated Contractors for hauling. This expense was not in the 1987 Parks CIP Budget, but there are enough funds to cover the estimated cost of the project. M/S/P Armstrong/Moe - to authorize the City Staff, Parks Commission members and volunteers to proceed with this project, selecting the LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1987 PAGE 7 lowest quote for supplying the black dirt for $400 from Schifsky and $150 from Associated Contractors for hauling it to Kleis Park. (Motion carried 4-0). D. Nominations for VBWD Manager Vacancies The terms of Allen W. Dornfeld and Richard W. Murray, Board of Managers, Valley Branch Watershed, expire November 13, 1987. If the City wishes to submit a list of nominees for consideration, it should be sent prior to November 3, 1987. The County Board will consider any nominees submitted by November 10, 1987. The consensus of the City Council was to insert a notice of the upcoming VBWD vacancies in the next City Newsletter and then the Council will provide the nomination list. E. League of Cities Regional Meeting in Red Wing City Administrator Overby reported that he would be attending the League of Minnesota Cities' Regional Meeting hosted by the City of Red Wing, MN on Tuesday, September 1, 1987 at the St. James Hotel. He noted one of the topics of concern is the MPCA's new solid waste landfill contingency action plan. F. Wiring for Pole Shed The Public Works Dept. contacted four electric companies for quotes on this project and only two responded. Collyard Electric $1,989.00 Weber Electric $2,379.00 M/S/P Moe/Johnson - to award the contract for electrical installation to Collyard Electric in the amount of $1,989.00 for the new storage t building. (Motion carried 4-0). M/S/P Moe/Armstrong - to adjourn the City Council meeting at 10:53 p.m. (Motion carried 4-0). APPENDIX A Ann Bucheck presented the following reasons for denial of the preliminary plat for Packard Park 2nd Addition at the August 18, 1987 City Council meeting. 1. We are only looking at the preliminary for the 2nd Addition. We would like it to be on record that in no way is any kind of approval being given for the 3rd Addition and, in fact, there should be disapproval of it at this time as it is drawn in 1/2 acres when it is zoned RR. 2. According to Code 400-28 a cul-de-sac is only to be 800 feet long and the one drawn is 900 feet long. The developer has stated that he would not put the proposed street through in the 3rd Addition if it was zoned RR. At the present, and possibly for many; many years to come, it will remain zoned RR, therefore, we take exception to the cul-de-sac and the manner in which the street for the future subdivision is drawn as it does not coincide with the zoning. 3. We agree with Larry Bohrer that a "developer is not required to improve the situation, just maintain the status quo", however we are wondering what the city's obligation or responsibility is to those homeowntrs in Eden Park who bought the land believing the city would not allow a development unless it met code. Looking at the 100 year flood plain map one can easily see that Eden Park is in difficulty and the street Legion Avenue could easily be under water and in fact is shown to be covered in time. Also, the water will be lapping at the doors or in the doors of homes. If Mr. Folz's estimates of the basement levels of -homes on Legion Avenue are correct and we accept the flood elevation of .892 then three homes will be flooded and another two homes will be within 1-foot of flood. Also, 4 or 5 of the septic systems will be under water. .Knowing the above facts we ask what responsibility does The city have to those persons already living in the Eden Park Addition if the ponding does --not hold for Mr. Peltier's addition? --Also, what responsibility does the city have after allowing homes to be built and drainfields to go in that are below the flood plain. The homeowners fully felt the city would not have allowed homes to be built that did not meet code. Myself and others were not told by the developer, Mr. Folz, nor the City that we needed to be careful regarding water. We now face a very real potential problem that could become dangerous. 4. Mr. Bohrer feels that a pond needs to be built which will trap a .volume of additional runoff generated by a 6-inch rainfall. We do not feel this is sufficient due to the record amount of rainfall we have had .in the last 10 years --including the one only two weeks ago. 5. We would like to be noted on record that the water surface level on --Legion Avenue pond and measured by Mr. Folz on 6-22-87, is considerably lower than what we have at the present time and for what it has been in the last two years. We would guess it to be at least 1-1 1/2 feet higher .at this time. Also, the basement elevations of three of the homes on ete-vatton--triey could e about 8' lower than what was measured by Mr. Folz. 6. Mr. Peltier does own all of the land, however it is zoned both R-1 and RR. Are we setting a precident that we may later regret by allowing a developer to pond on land which is zoned different than that which he is developing at the present time? We see no reason to have his 3rd Addition zoning changed and therefore feel that it may be in the best interest to have his ponding take place in the 2nd Addition, that parcel which he is developing. According to code 401.220 B3 point C "a proposed design feature is to have provisions for surface water disposal, drainage, and flood control within the boundaries of the proposed property division". We believe that this indicates the pond is not to be outside of addition 2, but rarher inside addition 2 and it does not meet code. 7. Culverts not drawn in and how much is he allowing to come down Legion Avenue and into your drainage, pond, house. - We believe the preliminary plat for Packard Park should be denied on the above reasons and further we question the manner in which the rezoning of Mr. Peltier's land was accomplished. According to code 301.060D4 all property owners within 350 feet of the property being discussed at a - public hearing need to be notified of the public hearing. However, when the notices for the rezoning of Peltier's property were sent, the Durands, Voges and myself were not notified. Mr. Folz should have given these names to the city officials, but he neglected to do so. 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 AUGUST 18, 1987 6:00 p.m. 1988 Budget Workshop 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: August 4, 1987 3. Claims 7:05 p.m. 4. Landfill Committee Update 7:15 p.m. 5. Old Lake Jane Landfill - Status Report by Washington County on Cleanup & Monitoring 6. PLANNING, LAND USE AND ZONING 7:30 p.m. A. Shoreland Permit: Jerry & Diane LeMire, 8051 50th St. N. 7:45 p.m. B. Preliminary Plat: Packard Park 2nd Addition 8:15 p.m. C. Future City Land Needs -- MnDOT Right -of - Way at 4th Street and Ideal Avenue 7. CITY ATTORNEY'S REPORT 8:30 p.m. A. Enforcement Issue -- Derrick Land Company, Removal of Fill near Highlands Avenue and Hytrail N. B. Other 8. CITY ADMINISTRATOR'S REPORT 8:45 p.m. A. Update on Oak Wilt Aerial Inspection 9:00 p.m. - - - - - - - - - - -B R E A K- - - - - - - - - - - - B. Update on 201 Assessment Hearing C. Parks Commission Projects D. Nominations for VBWD Manager Vacancies E. League of Cities Regional Meeting in Red Wing 9. Other Business 10. Adjourn