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LLAKE ELMO CITY COUNCIh MINUTEG c1Un:
AUGUST 1, 1989
Mayor Dunn called the City Council meeting to order at 7:05 p.m. in the
Council chambers. Present: Dunn, Hunt, Moe, City Engineer Larry Bohrer
and City Administrator Pat Morrison. Absent: Williams, Graves.
1. AGENDA
M/S/P Moe/Hunt - to approve the August 1, 1989 City Council agenda as
presented. (Motion carried 3-0).
2. MINUTES: July 1.8, 1989
M/S/P Hunt/Moe - to approve the July 18, 1989 City Council minutes as
amended. (Motion carried 3-0).
3. CLAIMS
M/S/P Moe/Hunt - to approve the August 1, 1.989 Claims #92106 thru #92156
as presented. (Motion carried 3-0).
4. PUBLIC INQUIRIES
David Keller, Heritage Dev., 420 E. Cty Rd. B., St. Paul, asked when will
the Residential Estates Sub -Committee have their RE report so the City can
implement this zoning ordinance.
The Council determined that the Residential Estates Ordinance should be
discussed at the next PZ meeting with the final draft of the PZ's
recommendations for RE Ordinance and standards to be submitted to the
Council at their September 5th meeting. At the request of Mayor Dunn,
Councilmen Moe and Hunt offered to work on the RE Ordinance.
5. REAPP REPORT
Mayor. Dunn reiterated that ReAPP will have a booth on recycling at the
Washington County Fair.
6. PLANNING/LAND USE/ZONING:
A. PUBLIC HEARING: Variance: Setback from OHWM
9359 Jane Road, Joe Kiesling
Mayor Dunn opened up the public hearing at 7:16 p.m. in the Council
Chambers. Public notice was duly published and sent. There was no one to
speak for or against the variance request.
Joseph P. Kiesling, 9359 Jane Road N., is requesting a variance to setback
from the Ordinary High Water Mark and a shoreland permit for construction
of an attached 12' deck to his home. The foundation of the house is at 0.1
feet setback where 100 feet is required. Kiesling responded he is 79 feet
from the waterline.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 1, 1989 PAGE 2
Mr. Kiesling presented a variety of pictures showing various decks
attached to neighborhood homes with measured setbacks for each from the
water and pictures of his home before and after his remodelling project.
Kiesling stated the sliding glass doors that were installed on the back of
the house without an attached deck was his hardship because someone may
fall out of one of these doors and absence of a deck causes the home to be
lowered in value and would make the house harder to sell. Kiesling added
he already has a cement patio slab on the back of the house so why
couldn't he add the deck above.
For Council information, two letters from the DNR relating to permit
violations and their comments on Kiesling's proposal were provided. In
the DNR's letter of July 20, 1989, Molly Shodeen stated in the permit
(#88-6068) and cover letter to David Keane, and subsequently transferred
to Mr. Kiesling, they allowed only raising the home on fill. The DNR
clearly stated that no deck would be allowed. While it is true that there
are many substandard decks on Lake Jane, there are no other decks
extending over or onto the actual lakebed for which variances have been
granted.
Mayor Dunn closed the public hearing at 7:22 p.m.
M/S/P Hunt/Moe - to deny a variance request to the setback from the OHWM
and shoreland permit, (the foundation of the house is at 0.1 foot setback
where 100 feet is required) by Joe Kiesling, 9359 Jane Road, based on the
following Findings of Fact: (]`lotion carried 3-0)
1. That the applicant has not demonstrated a hardship.
2. That the applicant has reasonable use of the property
without the deck.
3. That there are possible alternative locations for the deck
which would not increase the substandard setback of the house.
4. That the applicant was informed the deck was not allowed by the
DNR in the Molly Shodeen's letter dated July 20, 1989, stating
in the permit (#88-6068) and cover letter issued to David Keane
and subsequently transferred to Mr. Kiesling, we allowed only
raising the home on fill and clearly stated that no deck would
be allowed. While it is true that there are many substandard
decks on Lake Jane, there are no other decks extending over or
Amende onto the actual lakebed for which variances have been granted.
8,15 9 That the August 16, 1988 City Council minutes state the City Staff
recommended that neither these proposed nor any future variances
be allowed on this property based on irs close proximity to the lake.
Mr. Kiesling advised the Council that docks decks are being put up now
without permits in his area. He would now be building, one inch from his
house, a floating deck.
The Council asked Mr. Kiesling to check with the Building Offical and the
DNR before he starts any work.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 1, 1989 PAGE 3
M/S/P Moe/Hunt - to direct the Building Official to look into, current and
recent, dock or deck building activity in this area and report back to
Council. (Motion carried 3-0).
B. Architectural Standards
Administrator Morrison received a call from Don Raleigh requesting the
Business Community be given an opportiunity to review these standards and
come back with their recommendations. Based on discussion at the last
council meeting, a council member clarified that these standards should be
incorporated in Section 4 of the recommended standards.
M/S/P Hunt/Moe - to continue the discussion of architectural standards
until the next Council meeting in order to get feedback from the Business
Association. (Motion carried 3-0).
C. Planning Commission Actions: July 24, 1989
Informational Item.
7. CITY ENGINEER'S REPORT:
A. Road Widths: Discussion
City Engineer, Larry Bohrer, reported in his letter dated July 28, 1989,
that his recommendations of May 22, 1989, took into account drainage, long
term maintenance, safety, commercial and emergency vehicles and liability.
Bohrer recommended that the current road standard for the R-1 zone be
adopted for RE (2 1/2). and the present standard for R-1 zone is a 32 foot
wide urban street with bituminous berm curbs for drainage based on two
reasons:
1. RE (2 1/2) will probably be located adjacent to existing R-1
developments and the road standards should be compatible so far
as 'is practical.
2. Estate type development may not find ditches and culverts for
drainage aesthetically acceptable compared to storm sewer and curbs.
Vegetation must be kept cut in ditches to provide good drainage.
Trees are not allowed in ditches.
Bohrer's recommendation for RE (5 acre) zoning classification is to
provide a rural design road the same as presently exists for Lake Elmo's
RR and Ag zoning district; that is 24 feet of bituminous driving surface
with 4 foot wide gravel shoulder each side. Ditches and culverts would be
used for drainage.
1. RE (5) will probably be located adjacent to existing RR or
Ag zoning districts and the road structures should be
compatible.
2. 5 acre lots will probably not be completely maintained and mowed
by the property owner; therefore, ditches and culverts would be
aeethetically acceptable in this more rural setting.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 1, 1989 PAGE 4
i
Bohrer added that one of the things that the PZ liked about "The Forest"
concept plan was the planting of boulevard trees and being able to develop
a "canopy effect". Bohrer felt this can be achieved by using the two
existing road standards and allow certain types of trees on the boulevard.
To promote this, we can require in the improvements for subdivisions a
certain number of boulevard trees with a suggested standard of 2 trees per
lot, couple inches in diameter, no bushes or evergreens.
Bohrer did not feel we should develop standards for divided roads, one-way
roads, cul-de-sac with an island because he did want to give the
impression that we are promoting this type of street arrangement and it
was a poor policy to follow. Bohrer has reviewed the divided road concept
for "The Forest" by Bob Engstrom who has provided him with plans in other
communities that he has done this concept, and in no place, has it been
allowed as extensive as Engstrom is asking for. Bohrer had talked to the
Woodbury Engineer that does allow islands, but they only allow it at the
entrance to a subdivision and in commercial districts where there is
agreements on who is going to maintain the island.
Fire Chief, Fran Pott, presented his concerns: but specifically stated,,
with the road standards discussed, his people could get through. (kmended
1. cul-de-sac length is a problem for fire and police and a 8/15/8S)
maintenance concern.
2. Larry Bohrer's proposed standards are fine based on what
parking is allowed. Parking is a key issue to road widths.
3. Snow Plowing - enough room for the roads to be kept clear as
wide as what is proposed for these standards. Has to have
adequate storage site.
4. Problem with stop signs for truck to turn within a small radius
because trucks tend to cut corners.
M/S/P Moe/Dunn - to maintain the existing road width policy of the City
for Urban and Rural standards; and further, to direct the Residential
Estates Sub -Committee, and the Planning Commission, to review the
following road width standards for the RE Zoning District:
1. RE (2 1/2 acre): 32' wide urban street with bituminous berm curbs
(Same as R1)
2. RE (5 acres): 24' bituminous surface, 4' gravel shoulders
(Same as RR & Ag) drainage by: ditches & culverts
3. Requirement: that developers plant boulevard trees
(as determined by City).
4. Fire Chief Fran Pott's concerns of 8/1/89 be considered and
addressed.
(Motion carried, 2-1: Hunt: He wanted to consider road standards for the
entire city now, not just for RE.)
i
LAKE ELMO CITY COUNCIL MINUTES AUGUST 1, 1989 PAGE 5
The Council felt this was good direction to the PZ and Road Widths will be
on the September City Council agenda.
8. CITY ADMINISTRATOR'S REPORT:
A. Proposed Draft Ordinance: Horses: Roadway Shoulders
At the time that the plans and specs for 43rd and Kimbro were ordered by
the Council, the attorney and staff were requested to draft an ordinance
amendment which would allow horses and horse drawn vehicles on the paved
shoulder of improved roads. A resident requested the City permit
carriages drawn by horses on roadways, but the Council found it difficult
to accomodate an existing use that seemed to be limited to a few areas.
M/S/P Hunt/Moe - to direct the City Administrator to submit the proposed
draft ordinance amending Section 1401 of the Lake Elmo Municipal Code to
the City Attorney for approval, and set a public hearing for consideration
of the ordinances. (Motion carried 3-0).
B. Planning Commission Meeting Dates
The City Administrator had indicated earlier this year that it may be
appropriate for the Planning Commission to meet only monthly; which was
met with objection from the PZ. It was then determined that it would be
appropriate to attempt to hold public hearings at the last meeting of the
month, hereby allowing the PZ time to accomplish council directives at its
first meeting of the month.
In staff's opinion, this method of directing Planning Commission cases to
the last meeting of the month, when possible, has worked quite well.
C. Public Works Supervisor Hours
At the council meeting of January 24, 1989, approval to change the working
hours of the Public Works Supervisor, at his request. This approval was
contingent upon review after a six month period. Dan Olinger would like to
continue these hours (6 a.m. to 2:30 p.m.) on a permanent basis. In his
opinion, these hours are more productive as he is able to accomplish more
administrative duties and able to ready equipment prior to arrival of the
Public Works crew.
M/S/P Moe/Hunt - resolved that the Council hereby authorizes, as the
regular working hours of the Public Works Supervisor, the hours of 6 a.m.
to 2:30 p.m., on a permanent basis. (Motion carried 3-0).
M/S/P Hunt/Moe - to adjourn the City Council meeting at 8:37 p.m. (Motion
carried 3-0).
Since we do not have time to discuss every point presented, it may seem
that decisions are preconceived. However, background information is
f 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 1, 1989
7:00 p.m. MEETING CONVENES
1. AGENDA
2. MINUTES: July 18, 1989
3. CLAIMS
4. PUBLIC INQUIRIES
5. REAPP REPORT
6. PLANNING/LAND USE/ZONING:
A. PUBLIC BEARING: Variance: Setback from OHWM
9359 Jane Road, Joe Kiesling
B. Architectural Standards
C. Planning Commission Actions: July 24, 1989
7. CITY ENGINEER'S REPORT:
A. Road Widths: Discussion
S. CITY ADMINISTRATOR'S REPORT:
A. Proposed Draft Ordinance:
FIorses:Roadway Shoulders
B. Planning Commission Meeting Dates
C. Public Works Supervisor Flours
9. ADJOURN
FUTURE MEETINGS:
August 7
7:00
p.m.
Parks Committee
14
7:30
p.m.
Planning Commission
15
7:00
p.m.
City Council
22
7:00
a.m.
Council Budget Workshop
23
Solid Waste Committee
28
7:30
p.m.
Planning Commission
NOTE TO COUNCIL:
Councilman Williams will he on vacation July 28th
through August 13th, 19890
Councilman Graves will he on vacation August loth
through August 28th, 1989.
CLAIMS TO BE APPROVED AT AUGUST 1, 1989 LAKE ELMO COUNCIL MEETING
(all claims are within budget unless otherwise noted)
92106
Compost Worker
$ 96.25
92107
Dresel Contracting - MSA street approved at 7/18 mtg.
35,088.36
92108
State Treasurer - 2nd Quarter Building surcharge
753.28
92109
thru City Office $ 13.48
92111
Cleaning - Fire Dept. 13.48
26.96
92112
Commissioner of Revenue-TuI-y-fftate withholding
869.00
92113
Minn. Benefit Assn. - insurance premium
51.00
92114
Allied Group Insurance Trust - premium
91.79
92115
LMCIT - insurance premium
2,428.38
92116
Gerald Dahlberg - July animal control officer
225.00
92117
Merle Eastman - July animal control officer
225.00
92118
Oakwood Animal Hospital - July
251.00
92119
Pitney Bowes - Copy machine maint, agreement
169.00
92120
Washington County - maps
7.00
92121
American Linen - Office maintenance
34.64
92122
Minuteman Press - Office expense
8.00
92123
Assn. Metro Municipalities - salary survey
5.00
92124
Caswell & Assoc. - legal retainer
950.00
92125
Fran Pott - Fire Dept. down pmt.Menard's - windows
240.00
92126
Menard's - balance windows .for Fire Hall
339.00
92127
Oxygen Service Co. - Fire Dept. supplies
84.34
92128
Patrick J. Flanagan - Fire Dept. safety glasses
65.00
g2129
Long Lake Ford Tractor - Maint. Dept. truck parts
106.81
)2130
Gopher State One -Call - Maint. Dept. locates
55.25
92131
Rollins Oil Co. - Maint. Dept.
35.94
92132
Clark Equipment Credit Corp. - loader payment
1,556.00
92133
Crysteel - Box for new truck
9,543.00
92134
Bryan Rock Products - Maint. Dept.gravel
1,203.99
92135
Washington Cty Sheriff's Office*- lst & 2nd 0t. police
46,556.31
92136
Northern States Power - Office $ 205.66
Fire 145.29
Maint. 93.61
Street Lites 706.68
Parks 89.01
Water Fund 437.63
Sewer Fund 17.46
1,695.34
92137'
AT & T - Office telephone
66.95
92138
US West - Office $ 127.27
Fire 71.09
Maint. Dept. 50.01
Parks 10.14
258.51
92139
Plastics Recycling Conference '-registration Gary Carlson
158.00
92140
BCI Burke - Parks dept. playground equip.
14.50
92141
Century Fence Co. - Lion's park outfield fence
3,760.00
92142
First Trust - Park Bond payment
31,661.88
92143
thru
92156
August llth payroll
10,010.53
Total
$ 148,691,01
Since we do not have time to discuss every point presented, it may seem
that decisions are preconceived. ,However, background information is
t 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 1, 1989
7:00 p.m. MEETING CONVENES
1. AGENDA
2. MINUTES: July 18, 1989
3. CLAIMS
4. PUBLIC INQUIRIES
5. REAPP REPORT
6. PLANNING/LAND USE/ZONING:
A. PUBLIC HEARING: Variance: Setback from OHWM
9359 Jane Road, Joe Kiesling
B. Architectural Standards
C. Planning Commission Actions: July 24, 1989
7. CITY ENGINEER'S REPORT:
A. Road Widths: Discussion
B. CITY ADMINISTRATOR'S REPORT:
A. Proposed Draft Ordinance:
Horses:Roadway Shoulders
B. Planning Commission Meeting Dates
C. Public Works Supervisor Hours
9. ADJOURN
FUTURE MEETINGS:
August 7
7:00
p.m.
14
7:30
p.m.
15
7:00
p.m.
22
7:00
a.m.
23
28
7:30
p.m.
Parks Committee
Planning Commission
City Council
Council Budget Workshop
Solid Waste Committee
Planning Commission