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HomeMy WebLinkAbout12-01-87 CCMLAKE ELMO CITY COUNCIL MINUTES L.`eFE DECEMBER 1, 1987 Mayor 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, City Engineer Bohrer and City Administrator Overby. Absent: Graves 1. Agenda Add: 8D. Resolution for MSA Maintenance Funds, 10F. Water System Pressure Alarms, 10G. Preliminary Letters for 1988 Organization Meeting M/S/P Armstrong/Johnson - to approve the December 1, 1987 City Council meeting as amended. (Motion carried 4-0). 2. Minutes: November 17, 1987 M/S/P Armstrong/Johnson - to approve the November 17, 1987 City Council minutes as amended. (See page 8, F. Section 32-33) (Motion carried 4-0). 3. Claims Claim #87574 Rauenhorst, Carlson & Knaak bill was received in the amount of $3,679.56 M/S/P Armstrong/Johnson - to approve the December 1, 1987 Claims #89528 thru #89660 as presented. (Motion carried 4-0). 4. Landfill Update Dan Novak reported that on November 17th they appeared before the Board of Commissioners and made them aware of the 3000 signatures on the petition asking the Board to uphold the Park Convenants. They asked the Board for $25,000 which would be used to hire an engineering firm which would do an independent analysis of the technical data that would be gathered to do the EIS. They also asked the Board to direct Zack Hansen to include a cost comparison between recycling and development of the landfill in the scoping decision. On November 24th the Board denied their request for the $25,000, but postponed action relative to the cost comparison for the EIS. Zack Hansen has amended his position about this request to include the cost comparison discussion in the EIS analysis. Chuck Dayton has not given them a date for completion of the preliminary research and analysis report, but he has reported that he is actively working on it. The membership drive is preeeeding with Garrentiy 114 paid members and their account balance is $1,835.34. Dan and Todd have appeared before the Lions Club for a donation and will be appearing before the LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 2 Tri-Lakes Association on Wednesday night with a similar request. } KSTP TV's Good Company aired the Lake Elmo landfill story. Mayor Christ questioned if an engineering study was extremely important because the very last thing he wants to see is a dump go into the Park even if this means hiring consultants. Christ feels we should be more proactive than reactive at this point. If it means engineering studies, he would support it. Christ stated "since we have a half million dollars in our Reserve Fund in the City Budget we should not be so tight that we would not spend some of that reserve to fight this landfill and be successful in keeping it out. He would not be able to forgive himself for it." Attorney Knaak responded that an engineering firm would be nice to have if it were to come to litigation. City Administrator Overby raised the question as to what point during the study will the County release the consultants data because, this would make a big difference on the timing and the cost of the City's consulting engineer. We would have to get some indication from the County before the City decides to hire someone. 5. Public Inquiries Unfinished Restoration/Slope Work on a Fill Permit Project; Non -conforming Business in RR This past year Joe Gould requested and received a fill permit from the City. The filling had been completed, however, a proper 4:1 slope has not been achieved as yet. A follow-up letter had been sent on November 25, 1987 to Mr. Gould concerning the necessary 4:1 slope and the alleged hauling of material from the property. The letter requests that he corrects the above terms within 30 days. Building Official Jim McNamara stated that the business had been in existence for many years and continues to operate under our Grandfather clause. A conditional use permit is not required for his operation because of this "Grandfather" clause. Also, a conditional use permit for this type of operation would not be permitted in our RR zoning district. Mayor Christ stated that the Building Official has reviewed this and he has handled the situation properly. Although the situation has not been corrected at this date, the propertyowner is working on getting those corrected and there would be no code violations. Christ would prefer not bringing this up at a Council meeting especially when it involves an allegation. When the staff cannot resolve it, then it should be brought in front of the Council. Eileen Bergman asked what the definition of the Grandfather Clause was. She explained that this was brought to the attention of the City Administrator in July and nothing has been done. The Bergmans also have a business in this area and they must maintain 40 acres of land - in order to have this business. They had the business prior to 1979 so why should ey not be grandtathered in. Why do they have to have a Conditional Use Permit? LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 4 Tompkins is asking for a variance to the sideyard setback of 10 feet in order to allow him to construct an addition to the side of his existing attached garage. The size of the addition would be approximately 9' x 22'. The question raised in the 11-17-87 discussion concerned the distance from the sidewall of the existing garage to the newly surveyed propertyline. City Administrator Overby pointed out tht Mr. Tompkins' action to remove an existing carport -style roof overhang and an existing asphalt 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 ordinance. Building Official Jim McNamara had field checked the site and determined that the garage wall is situated parallel to the property line and is approximately 13 feet 3 inches from the side property line. This means that the existing garage conforms to City ordinances. Mr. Tompkins was not present for the meeting, but his contractor stated Tompkins' hardship was there was no other logical place for a garage. Councilman Johnson asked why could not the addition be put directly behind the existing garage. Previously it was stated that this would interfere with the septic system, but according to the map Johnson did not see the interference. Johnson felt this was an option, but the contractor did not feel this was very practical. The Council could not find a hardship that would justify granting these variances. Armstrong had an additional concern on access to the septic system for pumping which was installed under the 201 Program. Also, the neighbor already has a fence lined up with the backyards toward the front and they could extend the fence on the property line which would give 1.8 feet at one point which does not give enough line for a man with a hose to pump the septic. The future owners could be very unhappy with the garage being there. Armstrong based her denial on Section 301.060 C.1.b. of the Lake Elmo City Code. M/S/P Armstrong/Moe - to deny a request for a variance to the R-1 sideyard setback for Robert Tompkins at 3291 Lampert Avenue N., as no hardship was demonstrated and based on Section 301.060 C.l.b. of our City Code. (Motion carried 4-0). B. Eden Park Water Problems: Valley Branch Watershed District Response The City Council had requested that the City Administrator contact the VBWD to find out what the watershed district will do in 1988 to _r-es;elve the drainage and petential high water preblems en Eden Park Pond. City Administrator Overby and several Eden Park area residents attended the 11-12-87 VBWD meeting. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 5 The Board of Managers indicated that they have allocated funds in their 1988 budget to pay for a preliminary engineering study of Downs Lake, Eden Park Pond and Durand Pond sub -watershed areas. The Managers sent the City a letter dated 11-24-87 confirming the study will be about late April or early May, 1988. This study would determine which way waters should leave this area as well as determine if the costs should be borne on a local level or a District level or some of each. C. Final Plat: Packard Park 2nd Addition This final plat was discussed at the Council meeting of 11-3-87. The City Council decided to table action for 30 days in order to obtain input from the Valley Branch Watershed District concerning the drainage and potential high water problems around Eden Park Pond and Durand Pond. Also, the City Engineer was requested to make a complete review of the engineering plans and specifications. City Engineer Bohrer explained the length of road from Legion Avenue to the end of the cul-de-sac would be approximately 1100 feet long and exceeds the 800 foot maximum that the code provides for. Bohrer referred to the Code, Section 401.380 B. Local Streets and Dead -End Streets. Local streets should be so planned as to discourage their use by non -local traffic. Dead-end streets are prohibited, but cul-de-sacs shall be permitted where topography or the physical conditions justify their use. Cul-de-sacs shall not be longer than eight hundred (800) feet including a terminal turn -around which shall be provided at the closed end, with a right-of-way radius of not less than sixty (60) feet. Another section referred to was C. Street Plans for Future Subdivisions. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan for proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. Mr. Peltier has prepared and shown the future street plan. Bohrer felt the Council would be justified in allowing this length of street under this paragraph. Bohrer reported on the drainage easement and ponding easement that are on the applicant's property, but not within the Second Addition. The Council has seen a concept plan for a 3rd Addition for Mr. Peltier's property between Packard Park 2nd and Lake Elmo Avenue. (No action was taken by the Council on the Concept plan for the 3rd Addition.) It is proposed that the drainage easement and ponding easement be granted to the City in the form of a Quit Claim Deed so that the drainage and ponding requirements are satisfied for the 2nd Addition and if the 3rd Addition never comes to be, the easement will assure the City that these drainage concerns will always be addressed. Another concern was the location of the pond itself. Bohrer had made ft field inspection un November 10t1i and feels this location is the best location for the pond, given the topography of the land and including all of the other considerations. The pond is designed to be LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 6 located in the lowest area of Peltier's property. There appears to be a natural existing drainage swale that runs down the hill. The proposed pond would be constructed to trap any additional runoff that would be generated by this development and only allow to pass on in the same flow path as before. Topography south of the subdivison is lower in elevation than the Peltier property. A concern expressed by the Durands was that this pond would overflow onto their property directly and they had asked if it could possibly be redirected to the west or some other direction. Bohrer explained that the pond would flow onto the Adkins property and not directly onto the Durand property. The drainage plan, pond and overflow structure have been approved by VBWD. The plans and specifications provide for the completion of all streets within the 2nd Addition along with the northerly 250 feet of Legion Avenue. In discussions about the Eden Park drainage problem, the VBWD feels that this area could reach a high flood level to the same extent that Eden Park Pond and Downs Lake would. This elevation is 894. In conclusion, Bohrer found the pond and drainage facilites meet the engineering standards of the City and the VBWD. The drainageway and pond will be protected by a permanent drainage easement, and the plans and specifications are acceptable. Therefore, Bohrer recommended final approval of the plat. City Attorney Knaak referred to 401.330 which provides provisions for drainage and in this particular case a provision for an easement is provided for. Knaak also referred to Section 401.350 where an adequate drainage system is provided, which it has been in this case according to VBWD and the City Comprehensive drainage plan. Mayor Christ felt he did not have enough assurances that the street will continue to Lake Elmo Avenue and therefore it should be designed to meet Code. Christ added that Eden Park Pond people have come in and told the Council that they have a water problem. Bruce Folz stated that this pond is 10 feet below the flood level today and there is no serious water problem in this area. Bohrer added that the elevation of the proposed pond is 898. In relation to the predicted flood level this is 4 feet higher. Bohrer did not anticipate any ground water problems at all. M/S/P Johnson/Armstrong - to remove from the table the motion for Final Plat approval for Packard Park until the December 1st meeting to allow time for the City Engineer to review construction plans for the holding pond and information from the VBWD meeting. (Motion carried 4-0). Councilman Johnson asked for the City Attorne_y's comment on the appropriate ac H nn_ City Attorney Knaak commented that a11 the requirements that need to be met under the City Code have been met. Other concerns have been raised that are beyond the scope of the review required by the City code. The Engineer has made his LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 7 recommendation, which is a favorable recommendation. There was no legal reason that Knaak could see to turn down this request. Knaak's recommendation would be to approve the Final Plat. Councilwoman Armstrong looked at it as a camouflage variance by calling it a temporary road which is saying they do not need a variance to an 800 foot cul-de-sac. She sees no need to put a variance on a new piece of land because it could be designed right. Planning Commission Chairman DeLapp explained that Mr. Peltier indicated that he would not extend the road as long as the land remains zoned as it is toward Lake Elmo Avenue. If the Council is considering this road a temporary road, you are effectively rezoning the land to the west as far as the Planning Commission is concerned. Armstrong noted that the Planning Commission recommended that the City Council deny the Final Plat because of the length of the cul-de-sac. Ann Bucheck reported that she contacted Bob Snyder from the University of Minnesota who spoke at a Planning Seminar she attended. Mr. Snyder stated that the City should follow their code and limit the street to 800 feet even if we have not done so previously. Also, it has been recently brought to her attention that the Developer of Packard Park has testified in a lawsuit brought against the City of Lake Elmo that dealt with the City not upholding all of their codes. Bucheck wondered if the Developer was fully aware that this development does not meet all of the Codes. Bucheck felt if someone felt this strongly about the City meeting the code, he certainly would want his own development to meet the Code. Based on the City Attorney and City Engineer recommendations that the Final Plat does meet City Code, Councilman Johnson felt if the Council turned this Final Plat down we would be open to some legal problems. Councilman Johnson asked the City Attorney if a variance is required. Knaak answered that a variance is not needed. He believes that the intent of the road going through at some point is sufficient and meets the requirements of the Code as it is written now. M/S/P Johnson/Moe - to adopt Resolution 87-55 approving the Final Plat for Packard Park 2nd Addition, contingent upon the developer meeting the conditions specified in the City Engineer's letter of 10-22-87; upon providing a letter of credit and an acceptable Developer's Agreement; upon payment of park dedication fees and pass-thru costs; and upon giving the City an easement to allow surface water drainage from the 2nd Addition to the proposed ponding area. (Motion carried 3-1<Armstrong: She voted against the final plat based on the Planning Commission's recommendation and believes it is an improper cul-de-sac and should require a variance. This should have been designed right in the first place>) . M/S/P Johnson/Moe - to amend the above motion to include the added requirement that the developer give the City a road easement so that 24th Street can be extended west to Lake Elmo Avenue at some time in LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 8 D. Ordinance Amendment: Parks Commission Meetings The City Council discussed this ordinance amendment at the meeting of 11-17-87. The City Council requested a copy of the draft ordinance amendment prior to taking action and tabled the request to this meeting. A copy of the draft ordinance amendment was presented for the Council's review and approval. M/S/P Johnson/Armstrong - to approve Ordinance No.8010 amending Section 210.018 Regular Meetings in the 1979 Municipal Code of Lake Elmo to state that the date and time for Parks Commission meetings will be specified in the City Policy Book rather than City Ordinance. (Motion carried 4-0). 8. CITY ENGINEER'S REPORT A. 201 Program: Widmer, Inc. has satisfactorily completed all work on the 201 Project (Parts A,B,C). Bohrer recommends that the City ac0ept the work and authorize final payment. The final contract amount of $842,209.21 is $48,357.34 less than the original contract amount of $890,566.55. This savings was achieved primarily through the contractor's efforts of removing as few trees and disturbing as little sod as possible. M/S/P Moe/Johnson - to accept the work for Parts A,B,C and approve Final Payment No. 4 to Widmer Inc. in the amount of $54,214.13. (Motion carried 4-0). M/S/P Armstrong/Johnson to Approve Compensating Change Orders A-4, B-3 and C-3, in the total amount of (deduct) $59,022.04. The compensating change orders show how the original contract amounts are reduced to the "as -built" amounts. (Motion carried 4-0). M/S/P Johnson/Moe - to direct the Air Utility for work done on Part Payment No. 3 an the amount to be 4-0). staff to authorize payment to Lake D of the 201 Program as Partial determined later. (Motion carried B. Quotes on Closing Abandoned Wells on City Property This subject was discussed at the meeting of 11-17-87. The City Council authorized the City Engineer to obtain quotes for closing four wells. One of the wells was found to be located on property that is owned by Washington County. The City Engineer contacted the County about taking care of the well on their property. The other well was not a case well, but a dry well. The City backfilled it and packed the soil which is all that is required. The following are the tabulation of quotes received on December 1, 1987 for abandoning wells. Site #1 Site #2 TOTAL Mantyla Well Drilling $425.00 $375.25 $ 800.25 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 9 McCullough & Sons ) Miggler Well Drilling $475.00/ea. $ 950.00 $610.00 $510.00 $1,120.00 M/S/P Moe/Johnson - to approve the low quote of $800.25 from Mantyla Well Drilling to abandon two wells located on City property in the Hill Trail--50th Street area. (Motion carried 4-0). C. Escrow Reductions: Tartan Meadows 3rd Addition City Engineer Bohrer reported that improvements to Tartan Meadows 3rd Addition are substantially complete. The remaining work is turf establishment, placement of rip rap, signage, and some boulevard grading where there are high spots. The developer provided two separate letters of credit, one for grading and one for street surfacing and storm sewer. The escrow reduction is calculated in Bohrer's letter dated November 25, 1987 to the City Council. Bohrer recommended that the Grading letter of credit be reduced from $36,250.00 to $2,500.00 and that the Street Surfacing and Storm Sewer letter of credit be reduced fom $83,750.00 to $11,875.00. M/S/P Moe/Armstrong - to approve Escrow Reduction No. 1, Tartan Meadows 3rd Addition as recommended in Larry Bohrer's letter dated November 25, 1987. (Grading letter of credit be reduced from $36,250.00 to $2,500.00 and the Street Surfacing and Storm Sewer letter of credit be reduced from $83,750.00 to $11,875.00) (Motion carried 4-0). D. MSA Funds City Engineer Bohrer informed the Council that Minnesota Rules for State Aid Operations Chapter 8820.1400 allow a municipality to receive a maintenance allocation greater than the minimum provided the municipality files a request not later than December 15 of the preceding year and provided the Municipality file a detailed annual maintenance expenditure report at the end of the year. Bohrer recommended the City request its maintenance allotment for 1988 be equal to 25% of its total 1988 allotment. This would give the City $35,000. With these funds the City can overlay Klondike and 33rd Street. M/S/P Armstrong/Moe - to adopt Resolution 87-56 where the City of Lake Elmo requests that its maintenance allotment for 1988 be equal to 25% of its total 1988 allotment. (MdE on carried 4-0). 9. CITY ATTORNEY'S REPORT City Attorney Knaak submitted his monthly report. Knaak suggested that he and the City staff redraft the platting ordinance in regard to 10. CITY ADMINISTRATOR'S REPORT LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 10 A. 1988 On -Sale and Off -Sale Liquor Licenses The following applications for renewal of the intoxicating and non -intoxicating liquor licenses for 1988. Non -intoxicating malt liquor: Brooks Superette Off Sale Cimarron Park On Sale Intoxicating Liquor: VFW Post 5725 On Sale (Special Club license) On Sale Sunday (4 events per year) Twin Point Tartan Park Lake Elmo Inn On Sale Off Sale On Sale Sunday On Sale On Sale Sunday On Sale Off Sale On Sale Sunday M/S/P Moe/Johnson - to renew the following liquor licenses for 1988: on -sale intoxicating malt liquor: 3M Club of St. Paul d.b.a. Tartan Park Club House, Veterans of Foreign Wars Post 5725, d.b.a. V.F.W. Hall, Lake Elmo Inn, Inc., d.b.a. Lake Elmo Inn, and D.T. LaCroix Enterprises, d.b.a. Twin Point Tavern. Off -Sale intoxicating malt liquor: Lake Elmo Inn, Inc., d.b.a. Lake Elmo Inn, D.T. LaCroix Enterprises, d.b.a. Twin Point Tavern contingent on the applicants submitting all necessary insurance and bonding requirements, and contingent upon a positive recommendation from the Washington County Sheriff's Department. (Motion carried 4-0). B. 1988 Salary Increases for City Employees Finance Director Marilyn Banister submitted a 1988 Pay Plan. The City Council discussed changing the Administrative Secretary's increase to 9.9% ($9/Hr.) because this would bring her up to the rest of the hourly rates and would commensurate with her responsibility and work load. The Building Officials' increase was changed to 5% because of the car and gas mileage he is provided. The Council decided to pick up the additional $30 for the health premium. This additional cost of $400 will be taken out of conferences and training. M/S/P Moe/Johnson - to approve the 1988 salary rates, as presented on Page 23 of the Budget, for all City employees (excluding the City Adm; n; -_tratnr) With the rh,;n�ge-_ of ag 9 a increase far the Administrative Secretary and a 5% increase for the Building Official; and to approve the City paying full health premiums with this cost LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 11 taken out of Conferences and Training. (Motion carried 4-0). C. City Administrator's 1988 Contract M/S/P Armstrong/Johnson - to not renew City Administrator Bob Overby's 1988 contract. (Motion carried 3-1<Moe>). D. Advertisement for City Administrator Job M/S/P Moe/Armstrong - to authorize the Mayor to place an ad for the City Administrator position in the St. Paul and Minneapolis newspaper, as well as in the League of Minnesota Cities magazine. (Motion carried 4-0). E. Severance Settlement for City Administrator The City Council authorized the City Attorney to negotiate a settlement with Mr. Overby's attorney in regard to terms of his severance. F. Water Pressure Alarms Quotes on a system will be given to the City Council after the Maintenance Foreman and City Engineer prepare new specifications and obtain the quotes. G. Preliminary Letters for 1988 Organization Meeting The Council asked that letters be sent to the City's consultants advising them of their upcoming reappointment at the January 5th Council meeting, plus follow-up letters confirming the Council's action at that meeting. M/S/P Moe/Johnson - to adjourn the City Council meeting at 9:50 p.m. (Motion carried 4-0). Ordinance 8010 amending Section 210.018 Parks Commission Regular Meetings 87-56 City of Lake Elmo requests that its maintenance allotment for 1988 be equal to 25% of its total 1988 allotment. 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 DECEMBER 1, 1987 6:00-7:00 p.m. SPECIAL MEETING to discuss and develop a Job Description for the position of City Administrat-r Discuss Transition and Severance Settlement 7:00 p.m. Regular Meeting Convenes 1. Agenda 2. Minutes: November 17, 1987 3. Claims 7:05 p.m. 4. Landfill Update 7:15 p.m. 5. Public Inquiries 7:30 p.m. 6. Lake Jane Landfill Evaluation Report 7. PLANNING, LAND USE AND ZONING 7:35 p.m. A. Request for Variance to R-1 Sideyard Setback, 3291 Lampert Avenue N., Robert Tompkins 7:45 p.m. B. Eden Park Water Problems: Valley Branch Watershed District Response 8:00 P.M. C. Final Plat: Packard Park 2nd Addition 8:30 p.m. D. Ordinance Amendment: Parks Commission Meetings 8:35 p.m. 8. CITY ENGINEER'S REPORT A. 201 Program: (1) Final Payment to Widmer, Inc. (Parts A,B,C) (2) Partial Payment #3 - Lake Area Utility Part B. Quotes on Closing Abandoned Wells on City Property C. Escrow Reductions: Tartan Meadows 3rd Addition 8:45 p.m. 9. CITY ATTORNEY'S REPORT 9:00 p.m. - - - - - - - - - - - B R E A K- - - - - - - - - - - - - - 9:05 P.M. 10. CITY ADMINISTRATOR'S REPORT A. 1988 On -Sale and Off -Sale Liquor Licenses B. 1988 Salary Increases for City Employees C. City Administrator's 1988 Contract D. Advertisement for City Administrator Job E. Severance Settlement for City Administrator 11. Other Business 12. Adjourn