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HomeMy WebLinkAbout11-17-87 CCMr LA°{ ELMO CITYY COUNCIL MINUTES NOVEMBER 17, 1987 Mayor Christ called the City Council meeting to order at 7:01 p.m. in the City Council chambers. Present: Christ, Johnson, Armstrong, Graves, Moe (arrived 7:40 p.m.) City Engineer Bohrer, City Attorney Knaak and City Administrator Overby. 1. Agenda Add: 8C. Advertisement for City Administrator, 8D. City Christmas Party, 8E. Second City Council meeting in December, 8F. Section 32-33. M/S/P Johnson/Graves - to approve the November 17, 1987 City Council meeting as amended. (Motion carried 4-0). 2. Minutes: November 3, 1987 M/S/P Graves/Johnson - to approve the November 3, 1987 City Council meeting minutes as amended. (See Page 3: Public Inquiries, Page 6: C. Request for Shoreland Permit). (Motion carried 4-0). 3. Claims M/S/P Armstrong/Graves - to approve the November 17, 1987 Claims #89466 thru #89527 as presented. (Motion carried 4-0). 4. Landfill Update Todd Williams reported that REAPP is embarking on a telephone campaign which is a follow-up on the flyer they have distributed. Todd also reported that no word has been received from Attorney Dayton. City Administrator Overby explained that in his correspondence to Mr. Dayton a timeline was not set for his legal analysis and report to the City Council. City Administrator Overby asked Todd to report on the 11-17-87 County Board Meeting where Todd spoke to the Board and showed them they had over 2300 signatures from Washington County. REAPP has requested that the County allocate 5 percent of the EIS funds to REAPP and the Lake Elmo City Council so that an independent consultant can be hired to do an objective review of the EIS information. The County Board will act on this request at its meeting on 11-24-87. The County Board will hold a workshop on the draft EAW on 12-1-87 and decide on 12-15-87 whether to accept the draft EAW and authorize the public hearing notice in the EQB Monitor. Todd and Dan have meet with the Valley Branch Watershed District which has directed their engineer Nels Nelson to present written comments to the County. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1987 PAGE 2 5. PLANNING, LAND USE AND ZONING A. PUBLIC HEARING: Request for Variance to R1 sideyard setback requirement. Applicant: Robert Tompkins, 3291 Lampert Ave. N. Mayor Christ opened up the public hearing at 7:30 p.m. in the City Council chambers. Mr. Robert Tompkins would like to build an addition onto the south side of his garage at 3291 Lampert Avenue North. The footings hau been installed prior to Mr. Tompkin's realizing that a permit was necessary. Mr. Tompkins is requesting a variance allowing the addition to be within 1.88 feet of the side property line where a 10-foot sideyard setback is required. The applicant submitted a survey of the property to show the setbacks. A letter was submitted by Leonard and Sharon Johnson, neighbors on the southside, stating that the use and enjoyment of their property would not be affected by the garage expansion. Therefore, they would offer this letter to support the variance request. Mr. Tompkins' friend and contractor, Tim Reed, stated they cannot expand the garage to the rear (east) because of the new septic system. The only way he can go is south. There is access on the south side for pumping the system. They will also be keeping the garage the way it is with no overhang. Mayor Christ closed the public hearing at 7:45 p.m. The City Council could not determine if there was a hardship because of the alleged existence of a previously existing carport that was in approximately the same location as the proposed garage addition. The question raised was the concern of the distance from the sidewall of the existing garage to the newly surveyed property line. City Administrator Overby pointed out that Mr. Tompkin's action to remove an existing carport -style roof overhang and an existing ab,halt parking area eliminated a non -conforming situation. Also, if the garage wall is 10 feet or farther from the sideyard property line, then the current situation would conform to City ordinances. The requested variance would change a conforming situation to a non -conforming situation. M/S/P Moe/Graves - to instruct the staff to determine the distance from the property line to the previously existing blacktop, to the previously existing carport and to the existing garage as it exists today. (Motion carried 5-0). B. Continuation of request for variance to lot size, lot width, and setback from Normal High Water Mark: Applicant.q- Joseph and Donna Hinrichs, 8126 Hill Trail N. This request was discussed in a public hearing on 11-2-87. The City Council tabled action until this meeting so that city staff could LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1987 PAGE 3 review late -submitted soil test information on the proposed septic drainfield site and so that "findings of fact" could be prepared for the variance request. M/S/P Graves/Moe - to remove request for variances from Joseph and Donna Hinrichs off the table. (Motion carried 5-0). Joseph and Donna Hinrichs proposed to purchase the property at 812E Hill Trail North from Steven Grabski and construct a home thereon. The site plan, as proposed, would require at least three variances. This matter was continued from the last meeting so that the City Attorney could prepare findings of fact on the matter. The City Attorney distributed his findings of fact dated November 17, 1987. M/S/P Graves/Johnson - to deny the shoreland permit and variance requests by Joseph and Donna Hinrichs for 8126 Hill Trail N. based on the City Attorney's findings of fact dated November 17, 1987. (Md(ion carried 5-0). In a related matter, the Building Inspector was instructed to inspect the abandoned cabin on the property and determine if the house should be condemned and demolished. If there is an abandoned well, it will have to be closed in an acceptable manner. C. Large Lot Subdivision, Douglas DeCoster Mr. DeCoster wishes to subdivide 40 acres of Rural Residential zoned property into two 10 acre lots and one 20-acre parcel. The property is located one-half mile west of the intersection of loth Street and Inwood Avenue. The two lots and the one parcel all meet the zoning ordinance requirements for lot area, width and depth. The generalized soil survey map indicates that the soils on the two 10-acre lots are suitable for septic systems. A 50 foot minimum structure setback from the right-of-way property line is required by City Code. Washington County will be upgrading CO. Road 70 in 1990 and the minimum setback from the new road will then be 125 feet from the road centerline after the County purchases the right of way. The applicant and/or potential purchasers should be aware of this. The Planning Commission reviewed this request on 11-9-87 and recommended that the City Council approve the application by Douglas DeCoster to subdivide a 40 acre parcel with the provision that land purchasers be informed of the County road project and the need for a 125 foot setback. M/S/P Moe/Graves - to adopt Resolution 87-54 approving the large lot subdivision request by Douglas DeCoster to split an existing 40 acre parcel located in the SW corner of Section 28 into two 10-acre lots and one 20-acre parcel provided that land purchasers be informed of the scheduled upyradiny of CC). Rd. 70 (t0th Street) arid tile s need for a 125 foot setback and contingent on the applicant providing the City with a Certificate of survey and park dedication fee for the newly created lots. (Motion carried 4-0-1<Abstain: Armstrong>). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1987 PAGE 4 D. Rezoning from Rural Residential (RR) to Agricultural (A) Douglas DeCoster/Thomas Armstrong. The request for rezoning is application by Mr. DeCoster. The property concerned involves a 20 acre parcel of RR zoned land abutting 10th Street on the South and abutting Mr. Tom Armstrong's property on }he east and the south. The City Code requires (Section 301.090B Contiguous Parcels) that the 20 acre parcel "be combined with adjacent lots or parcels under the same ownership so that the combination of lots or parcels will equal one or more parcels of land each meeting the full lot width and area requirement of this Ordinance." Mr. Armstrong explained he intends to combine the 20 acre parcel with his adjacent property, so that it can meet the 40 acre lot size minimum needed for Agricultural zoning. The combination of parcels will be done before the publication of the ordinance amendment allowing the rezoning from RR to Agricultural. The Planning Commission reviewed this request on 11-9-87 and recommended that the City Council approve the request. Concilman Graves asked City Attorney Knaak if there was any problem where part of the 114.6 acres are Ag and the other portion of land is Ag Preserve. Knaak res(onded that there was no problem. Rose Armstrong asked City Attorney Knaak if he felt she had a conflict of interest in downzoning from RR to Ag and no economic gain. Knaak responded that it was a conflict of interest, but it was a judgement for her to make. M/S/P Johnson/Graves - to adopt Ordinance 8009 for rezoning 20 a --es of land located on 10th Street in Section 28 from Rural Residential to the Agricultural zoning district (legally described as the Southeast 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 28, Lake Elmo) as being consistent with the 1986 Lake Elmo Comprehensive Plan, subject only to the requirement that the 10 acre parcel be combined with adjacent parcels prior to the effective date of the rezoning. (Motion carried 4-0-1>Abstain: Armstroriq>). E. Zoning Ordinance Amendment: Parks Corn ;.;; on f4eet_i nc - The Pa" Jil-lar Illeeting from the first Monday to the third Monday of the month. The ordinance needs to be amended to allow this meeting change. The City staff felt that the meeting requirements could be deleted from the Code and put in the City's Policy Book. This change would allow future meeting schedule changes without having to amend the ordinance again. The City Council discussed this ordinance amendment at the meeting and requested a copy of the draft ordinance amendment prior to taking action. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1987 PAGE 5 M/S/P Graves/Johnson - to table action on the ordinance amendment to the Parks Commission section on metings until a draft is provided at the December 1st City Council meeting. (Motion carried 5-0). 6. CITY ENGINEER'S REPORT A. 201 Program (1) Part D - Partial payment #2 to Lake Area Utility City Engineer Bohrer reported that most systems are in and functioning. Only Oakland School pump station and four septic tanks on Legion Avenue remain. Some of the restoration work may have to carry over to next year because of a shortage of sod. Bohrer recommended approval of Partial Payment No. 2 to Lake Area Utility Contracting for work performed in October in the amount of $253,772.42. M/S/P Graves/Johnson - to approve Partial Payment No. 2 to Lake Area Utility Contracting on Part D of the 201 Program for $253,772.42 based on the City Engineer's recommendation. Motion carried 4-0). Moe was not present to vote) (2) Part D - Change order on electrical work. City Engineer Bohrer distributed copies of proposed Change Order Nos. 4 and 5. Change Order No. 4 was for electrical work necessary in extending the electrical service from the NSP pole on Legion Avenue to the pump station site. This change order is in the amount of (Add) $1,500.00 and does appear from discussion with the MPCA to be grant eligible. M/S/P Graves/Armstrong - to approve Change Order No. 4 of Part D for electric work necessary in extending the electrical service from the NSP pole on Legion Avenue to the pump station site in the amount of $1,500.00. (Motion carried 4-0). (Moe was not present to vote). Change Order No. 5 was for additional electrical work at Oakland Jr. High School. Four specific work items were listed for a total change order price of (Add) $1,941.50. Oakland Jr. High pays for all the work that goes on that site. The conduit was dug up and found to be severed in one place by Cable TV so there will be some additional labor and materials necessary to repair this conduit. City Administrator Overby will contact the school about writing a letter to Cable TV on cutting this line. M/S/P Graves/Armstrong - to approve Change Order No. 5 of Part D for additional electrical work at Oakland Jr. High School in the amount of $1,941.50. (Motion carried 4-0). (roe was not present for vote) (3) Parts A, B, C - Final acceptance and payment to Widmer, Inc. City Engineer Bohrer reported that they were not ready for final acceptance and payment to Widmer., Inc on Parts —ABC Thp rnrpq of Engineers and PCA expressed interest in making a site visit before this was done. Bohrer recommended holding off final payment to LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1987 PAGE 6 Widmer, Inc. on Parts A-B-C of the 201 program until 12-1-87. Bohrer informed the Council that the final contract will be $50,000 under the original bid. Todd Williams asked what provisions are being made for annual inspection and maintenance of the systems installed under the 201 Program. Bohrer responded that this Winter the City Council will be dealing with the ordinance to change this. The Council had discussed in the past with the on -site septic systems to set up a reporting card system. The only maintenance these systems will require is the removal of the solids from the septic tank every one to two years. With the reporting card system when any of the license pumpers in the City pumps the tank, they will fill out the postcard and return it to the City Hall where they will keep a running total of who has pumped their system and who has not. If certain people have not pumped, they will be reminded or notified by the City to do this. If they still do not do this, the City will do it and charge them back. The City will have more responsibility on the off -site and collector systems with the two larger pump stations or some of the sewer maintenance that is in the street. There will be a type of a sewer bill for this maintenance and will probably be based upon flow. B. 1987 Evaluation Report, Lake Jane Landfill The City Council reviewed the annual evaluation report prepared by Washington County on the efforts to clean up the Lake Jane Landfill. The City Council raised several questions regarding which organic compounds are tested for. How many feet to the Jordan Aquifer? What can the City do about this potential problem? Chart 4-1 in the evaluation report, shows that over the past several years only about 320 pounds of chemicals have been removed by the air stripping method. This is equivalent to about one barrel of contaminant. The Council felt that four years of water stripping was not doing anything to solve the problem and Coucilman Moe asked the City Attorney what could be done. The City Attorney will outline for the City Council what can be done in this matter. Councilman Johnson suggested that the City should put pressure on the PCA to not accept the engineers report from Ramsey and Washington County. The Council requested that County Public Health staff attend the meeting on 12-1-87 to discuss the report and answer questions. C. Abandoned Wells - Quotes on cost of closure. City Engineer Bohrer reported that over the years the City has obtained ownership of substandard properties by tax forfeiture. Four of these properties have wells that are no longer in use. One well is located in ane's DeMontreville Country Club Addition and two wells are located south of 28th Street and Ivy Avenue and one well located at Triangle Park on 50th Street. According to Minnesota Health LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1987 PAGE 7 Department rules, wells that are no longer in use shall be abandoned. This abandonment consists of removal of the pump and any other mechanical equipment, and filling the casing with cement grout. The estimated cost is $500-700 per well. M/S/P Graves/Moe - to authorize the City Engineer to solicit quotes for cost of closing up abandoned wells on City property. (Motion carried 5-0). 7. CITY ATTORNEY'S REPORT City Attorney Knaak suggested deleting this item because he has offered his monthly written report on attorney activities. 8. CITY ADMINISTRATOR'S REPORT A. Quotes on cost of water systems pressure gauges/alarms. Maintenance Foreman Dan Olinger and the City Administrator have talked with representatives from two companies which can supply and install the equipment needed to monitor water pressure in the City's water lines. A quote was received from Water Products Company. One unit would go in at the City Hall and a second one at Bud Schneider's house on Lake Elmo Avenue with possibly a third one at the Fire Hall. There was discussion on how elaborate of a system was needed and at what cost and at what locations should these alarms be installed. The Council suggested tabling this for more information and other quotes. M/S/P Armstrong/Graves - to table a decision on selecting a quote for providing a gauge/alarm system for the water system in the Old Village until the December 1st City Council meeting. (Motion carried 5-0). B. Wire Feed Welder Maintenance Foreman Dan Olinger would like to purchase a Millermatic 200 wire feed welder to aid them in the repair and building of their equipment. They would be able to build our own park gates, picnic tables or anything else that is needed to be done. Olinger explained that the difference in a wire feed welder over the AC -DC welder that we have now is the wire feed is primarily used on welding steel of aluminum that is 1/4" or thinner. The AC -DC machine is used for all our heavy duty welding on the backhoe, loader, plows, truck, etc. Prices were received from three dealers in the Twin Cities area. Northern Gases $1475.00 Buettner Welding Supply $1525.00 Oxygen Service $1545.00 M/S/P Graves/Moe - to approve the Maintenance Department request to purchase a wired feed welder from Northern Gases in the amount of $1475.00; contingent on money found in the Maintenance Budget. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 1987 PAGE 8 (Motion carried 5-0). C. Advertisement for City Administrator City Attorney Knaak recommended that the Council prepare a job description for the City Administrator's position before advertising. The City Council will discuss the job description at a special meeting on 12-1-87 from 6:00 p.m. to 7:00 p.m. at the City Hall. M/S/P Armstrong/Graves - to table action on placing an advertisement in the newspaper for the City Administrator's job. (Motion carried 5-0). D. Christmas Party The City Council decided that the annual recognition dinner for staff and volunteers (Christmas Party) will be held on Friday, 12-4-87 from 5:30 to 7:30 p.m. in the City Council Chambers. Coffee cups will be ordered and invitations sent. M/S/P Graves/Armstrong. - to hold the Christmas Party on Friday, 12-4-87 from 5:30 to 7:30 p.m. in the City Council chambers with a budget set up to $400. (Motion carried 5-0). E. Second Meeting in December The City Council decided to cancel the December 15, 1987 City Council meeting unless an emergency arises. M/S/P Graves/Moe - to cancel the December 15th, 1987 City Council meeting unless an emergency arises. (Motion carried 5-0). F. Section 32-33 The idea of e ablishing a citizens advisory committee on economic development N�egUggested and agreed upon by the Council. Since then only three Lake Elmo residents have volunteered to serve on the committee and none of the Section 32-33 landowners. at an earlier meeting. The City Council discussed the status of this committee and decided to charge the Planning Commission with the task of studying the issue, look at available facts, costs and benefits and report back with a recommendation. The people who volunteered to serve on the economic development committee will be invited to participate in this decision, along with Section 32-33 landowners and anyone else who resides in Lake Elmo. The City Staff will prepare a newsletter article. The City Council expects to have a report from the Planning Commission within 60 to 90 days from now. They felt this should be enough time to discuss and analyze the question and then make a recommendation. M/S/P Graves/Moe - to adjourn the City Council meeting at 10:15 p.m. (Motion carried 5-0).