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HomeMy WebLinkAbout03-19-91 CCMDATE APPROVED: 4-2-91 DATE ISSUED: 4-12-91 LAKE ELMO CITY COUNCIL P41NUTES MARCH 19, 1991 Mayor Johnson called the City Council meeting to order at 7:04 p.m, in the City Council Chambers. Present: Playor Johnson, Hunt, Mottaz, Williams, -Dick -Johnson (arrived: 9:00), City Engineer Prew, City Building Official McNamara. 1. AGENDA Add: 5B. Item from Councilman Williams. Add: 6E. Residential Moratorium M/S/P Hunt/Williams - to approve the March 19, 1991 City Council agenda as amended. (Motion carried 4-0). 2. MINUTES: March 5, 1991 M/S/P Mottaz/Hunt - to approve the March 5, 1991 City Council minutes as amended. (Motion carried 4-0). 3. CLAIMS M/S/P Plottaz/Hunt - to approve the March 19, 1991 Claims #94552 thru #94601, with a clarification that Schwantes bill match their bid (Claim #94577). (Motion carried 4-0). 4. Presentation of checks to recycling lottery winners. Mayor Johnson presented Gloria Perez, 9497 Jane Road, with a check for $25.00 from the City as a reward for participating in the city's curbside recycling program. The money is donated by TMT Recycling, the City's recycling contractor. The winners are chosen at random, and there were two other winners that could not be reached in time to attend the meeting for the presentation. Carl Tacke, Chair of the Solid Waste Committee, asked the Council for further direction for the Committee. Mr. Tacke stated the Committee is looking for more advertising and asked for suggestions. The Council suggested perhaps a joint meeting between the Solid Waste Committee and the City Council. The Council asked the Committee to prepare a list of ideas. 5. ReAPP REPORT A. Public Relations Update: Chris Naylor B. Other Chris Naylor, representing Colle & McVoy, presented a 20 minute video titled "Why Trash Our Parks?". The video was created by Colle & McVoy as part of their agenda for defeating the landfill in the Park Reserve. LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1991 PAGE 2 Ms. Naylor also discussed the setting up of a task force and presented a sample of a Press Kit to be used as a tool for volunteers to provide facts and information. Colle & McVoy is providing newsletter copy for the ReAPP newsletter. The next ReAPP newsletter will be going out to Lake Elmo, Woodbury, Oakdale, Sierra Club and others on the data base. Reminder about the ReAPP task force meeting Thursday, March 21, at 7:30 p.m. in the Council Chambers. An environmental group presentation will be held Sunday, April 7. The Sierra Club Chapter for St. Croix Valley will be holding a joint meeting with ReAPP. The meeting will consist of a visit to the Park Reserve and a look at the landfill site. They will return to city hall to watch the video "Why Trash Our Parks?" with discussion to follow. A bus will be leaving City Hall at 2:00 p.m. and will return at 4:00 p.m. COMMENT: MAYOR JOHNSON A week ago Monday, a Planning Commission meeting was held at City Hall, and sometime during or just after that meeting our City Administrator's car was "keyed" all around the car. Mayor Johnson considers this an act of "suburban terrorism". The Mayor contacted the Washington County Sheriff and the County Attorney to conduct a full investigation of this incident. The Mayor asked the Council to participate in the repair of the car. Councilman Mottaz'suggested the Administrator find out what her insurance will cover and the Mayor look at what the City's insurance will cover. 6. PLANNING/LAND USE & ZONING A. PUBLIC HEARING: Variance to setback from Ordinary High Water Mark: Joe Kiesling, 9359 Jane Road. Mayor Johnson opened the public hearing at 7:55 p.m. in the City Council Chambers. The puhlic hearing notice was-publshed in the March 6, 1991 St. Croix Valley Press and adjoining property owners were notified. Mr. Kiesling proposed a deck on the south side of his house and a stairway from the deck to the ground below. He also proposed a stairway from the patio door at the north end of the house facing the lake. Both proposals have been approved by DNR. The DNR suggested the City state for future reference that there will be no more variances granted on this piece of property for future lakeside construction of any type. Mr. Kiesling stated he had been before the Council and the variance had been granted. Later the variance was rescinded due to objection by DNR. The DNR has now accepted a revised plan. Mayor Johnson closed the public hearing at 7:56 p.m. LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1991 MIS Hunt/Mottaz - to approve the variance to setback High Water Mark for Joe Kiesling, 9359 Jane Road, of presented to the Council with the stated hardship of emergency exit from two corners of the house. PAGE 3 from Ordinary the plan as providing M/ Williams/ - to amend the motion to approve variance in the spirit of minimizing the variance to change the locations of the stairway at the north end of the house onto the existing concrete and change the location of the stairway at the south end of the house either on the north end of the small deck off the double door, extending northerly, or at the southwest corner of the large deck so that the stairway would not extend beyond the existing concrete line, or the stairway at the northend of the house could be moved to the south end of that deck and extend southerly along the side of the house. M/S/P Hunt/Mottaz - to amend the original motion that the DNR has no problems with this addition and has accepted the plans as presented to the City, and the DNR has stated that no further variances shall be granted on this piece of property for future lakeside construction of any type, and further that Mr. Kiesling be asked to sign an acknowledgement of this when his building .permit is issued. (Motion carried 3-1, against: Williams - the variance was not the minimum, reasonable variance which would allow relief for the hardship). B. PUBLIC HEARING: Variance to setback from Ordinary High Water Mark: Stephen Bachman, 3141 Klondike. Mayor Johnson opened the public hearing at 8:35 p.m. in the City Council Chambers. The public hearing notice was published in the March 6, 1991 St. Croix Valley Press and adjoining property owners were notified. The Bachman's are requesting a variance from structure setback to the Ordinary High Water Mark and are proposing an addition to the existing house. The number of bedrooms will remain the same; therefore, the septic system does not have to be increased. All setbacks from the property lines are met. The Bachmans also intend to do extensive landscaping as part of the entire improvement project. A grading and filling permit will be required. The DNR will not object to the project so long as hardship can be demonstrated. Mrs. Bachman stated the addition will contain a different living room and dining room, and they're not adding any bedrooms, just changing the configuration. Mayor Johnson closed the public hearing at 8:37 p.m. Councilman Williams asked Mrs. Bachman what the hardship is. Mrs. Bachman stated the hardship is right now they have two bedrooms and they really need three bedrooms. When asked to clarify this, she stated there are two bedrooms upstairs and one downstairs. The addition would allow them to move the one from the main floor to the upstairs, then the main floor bedroom would become a den. LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1991 PAGE 4 M/S/P Mottaz/Williams - to deny the variance due to lack of demonstrated hardship, and that the proposed addition would increase the amount of non -conformity. (Plotion carried 3-1, against: Hunt - feels the addition does not have any impact on future variances should the septic system fail, the proposed addition is farther away from the shoreland than the existing structure, DNR had no problems with the proposal provided that stated hardship could be given, and because of the unique topography of the land there is really only one place you could go with an addition and code makes a statement to the effect if someone in a zoning district is denied something that is reasonably accessible to others in that zoning district a variance could be granted and the hardship would be the topography of the land). C. Discussion with Sunfish Lake property owners regarding diverting water into Sunfish Lake. Staff invited residents on Sunfish Lake to discuss the possibility of diverting water, that drains from the north into the middle of the Old Village, into Sunfish Lake. Several of the residents attended the meeting. Chuck Harstad, 3503 Kelvin Ave., asked if there would be a shut off or a way to control the amount of water flowing into the lake? Also, would the water be clean. City Engineer Prew stated the lake is land locked, there is no outlet, therefore there would not be a way of diverting the water away if the water level got too high with out constructing a project through the Old Village for all the water from Schiltgens fields. There has not been any studies or a feasibility report done on the quality of the water. Pete Schiltgen presented reason why this water diversion will not work. The culverts running under County Road 17 divert the water from his fields towards Highway 5, towards Gerbitz, and eventually to the Railroad tracks. He plows his fields the way they're supposed to be plowed, against prevailing winds. Mr. Schiltgen stated the water problem in Lake Elmo is unsolvable. Councilman Dick Johnson stated he felt by diverting some of the water into Sunfish Lake it would help relieve some of the flooding in the Old Village, apparently this would not divert enough for it to be cost effective. But, this idea might help the fishery in Sunfish Lake by keeping the water level up to avoid a winter kill. Councilman Mottaz stated the water might be nutrient rich which may not be desirable. This diversion would only divert 5% of the water from the Downs Lake Watershed. However, according to the USGS map two-thirds of the drainage area that now flows through the Old Village would be diverted to Sunfish Lake. M/S/P Williams/Hunt - to call a public hearing for April 16, 1991 for 33rd Street and Laverne Avenue including the drainage project without diverting water to Sunfish Lake, and the public hearing notice shall state the feasibility report will be available for view at City Hall LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1991 PAGE 5 (Motion carried 5-0). D. Update on drainage concerns on Kraft Circle, Mike Ziniel, 3265 Kraft Circle. City Building Official McNamara presented pictures of the water problem and stated he met with the property owners last Wednesday (March 13). Mr. McNamara did some research and it appears that Kraft Circle was never machine laid, but cold rolled and consists of a gradual build up of seal coating. Grading may not have been done on this street. Larry Bohrer did not recall a project ever being done on this street. It appears there would be two solutions to the problem, however, both would be a financial burden to the City. A catch basin could be installed at the low point of the specific area and piped to an appropriate point near 33rd Street. The second solution would be the regrade the road so that it would naturally drain to the 33rd Street area at the surface. M/S/P Mottaz/Hunt- to instruct the City Engineer to look at this situation and make a determination if this is the City's responsibility and make a suggestion for correction if possible and whether the City should make the correction. (Motion carried 5-0). E. RESIDENTIAL MORATORIUM M/S Mottaz/Dick Johnson - to instruct the City Administrator to call a public hearing for the second. meeting in April to consider a 90 day Residential Development Moratorium, excluding the three plats that the city is currently reviewing. M/S/P Hunt/Williams - to amend the motion that if possible to call a. special meeting at the earliest possible convenience in order to call a public hearing for the earliest possible date for a Residential. Development Moratorium, excluding the three plats the city is currently reviewing. (Motion carried 4-1, against: Dick Johnson - since this affects the whole City of Lake Elmo it should be held. at a regularly scheduled meeting). 7. CITY ENGINEER'S REPORT: A. Approve Plans & Specifications for SIV-1 Watermain Project, Resolution 91-10 M/S/P Williams/Hunt - to adopt Resolution 91-10 approving the plans and specifications for the SW-1 Watermain and authorizing the City Engineer to advertise for bids. (Motion carried 5-0). B. Additions to water service area According to City Engineer Prew it would be more cost effective for the City to put in service stubs for future hook-up at this time rather than at a later date. The cost would be approximately $500.00 to $1,000.00 per service. LAKE ELMO CITY COUNCIL MINUTES According to Councilman Hunt, the responsible for the polluted wells City is responsible for additional area. MARCH 19, 1991 PAGE 6 Counties have acknowledged they are in the well advisory area, and the homes outside the well advisory M/S/P Hunt/Williams - to request the people that have requested hook-up to the SW-1 system be given a letter stating their request has been received, that at this time it is premature to begin hooking -up anyone outside the affected area and their request will be kept on file, and at such time the Council would determine there are to be additional hook-ups they would automatically be considered. (Motion carried 5-0). 8. CITY ATTORNEY'S REPORT: The City Attorney was not present. 9. CONSENT AGENDA/CITY ADMINISTRATOR'S REPORT: A. Board of Review - April 10, 3:00 - 6:00 p.m. Council as a whole is Board of Review. Brochure from the County provided. B. Shoreland Grant Agreement - To approve the agreement between the DNR and the City of Lake Elmo for grant funds to update the City's Shoreland Ordinance to conform with the State's Shoreland Ordinance. To authorize the mayor and administrator to sign said agreement. C. Resolution Approving Charitable Gambling License for Lake Elmo Jaycees, Resolution 91-11 Approving the renewal of the Class B Charitable Gambling License to the Lake Elmo Jaycees. D. Clean-up Days - Saturday, May 4th from 8:00 a.m. to noon Free of charge to Lake Elmo residents E. RFP Organized Collection - Recommend Council authorize staff to proceed with issuing the RFP to waste haulers (including legal publication), and that the Solid Waste Committee review the responses and bring a recommendation back to the Council by July 1, 1991. M/S/P Hunt/Dick Johnson - to approve the City Administrator's Report/Consent Agenda as presented 9A - 9E. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1991 PAGE 7 10. CITY COUNCIL REPORTS: Mayor Johnson has proposed creating an Economic Development Board. The City has received recommendation from the Auditors that Lake Elmo expand and diversify its tax base. The Mayor feels the Council does not have the time to do a great deal of the kind of things that need to be done. The City needs experts with experience in economic develpment to come in and go to work on the City's problems. The first item on their agenda would be to determine our current business climate, and then finally supply us with some kind of road map for the future. The Mayor has discussed this idea with Woodbury's Mayor and Administrator, and they feel strongly their success with the Economic Development Board strategy stemmed from having the right people on their board. The Mayor has talked to Bill King, the chair of the League of Cities of Economic Development Strategy Committee and the head of the Economic Development Department in Brooklyn Park and. he suggested the same type of people the Mayor has suggested. In addition Mr. King will come in and assist the City in development of this board. The Mayor feels this a modest start. MIS/ Mottaz/Dick Johnson - the City of Lake Elmo establish an Economic Development Board and the Mayor be instructed to make contacts immediately with people he would like to have on the board and their names be submitted to the Council for approval. M/S/P Hunt/Williams - to postpone discussion of this item until the next meeting and ask the staff to review this proposal -and -respond —to-- - it in terms of requirements by the City to support this board. (Motion carried 5-0) . (Williams' second is with this in mind: he will not vote for this board unless the entire City is solicited for applicants and some other board or body is commissioned at the same time to look at cost control.) M/S/P Hunt/Mottaz - to adjourn the City Council meeting at 10:35 p.m. (Motion carried 5-0). ------------------------ Resolution No, 91-10 Approving the plans & Specs for the Sid-1 Watermain & authorizing the City Engineer to advertise for bids Resolution No. 91-11 Approving renewal of the Class B Charitable Gambling License to the Lake Elmo Jaycees 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 7:00 p.m. MEETING CONVENES 1. AGENDA 2. MINUTES: 3. CLAIMS MARCH 19, 1991 March 5 1991 4. Presentation of checks to recycling lottery winners 5. REAPP—REP-OR-T- - -- — - -- - --- A. Public Relations Update: Chris Naylor B. Other 6. PLANNING/LAND USE & ZONING: A. PUBLIC HEARING: Variance to setback from Ordinary High Water Mark: Joe Kiesling, 9359 Jane Road B. PUBLIC HEARING: Variance to setback from Ordinary High Water Mark: Stephen Bachman, 3141 Klondike C. Discussion with Sunfish Lake Property Owners regarding diverting water into Sunfish Lake D. Update on drainage concerns on Kraft Circle, Steve Ziniel, 3265 Kraft Circle F. Other (Over) 7. CITY ENGINEER'S REPORT: A. Approve Plans & Specifications for SW-1 Watermain Project, Resolution 91-10 B. Additions to water service area C. Other 8. CITY ATTORNEY'S REPORT: A. Derrick Land Update B. Other 9. CONSENT AGENDA/CITY ADMINISTRATOR'S REPORT: A. Board of Review B. Shoreland Grant Agreement C. Resolution Approving Charitable Gambling License for Lake Elmo Jaycees, Resolution 91-11 D. Clean -Up Days E. RFP Organized Collection 10. CITY COUNCIL REPORTS: A. Mayor's Report B. Councilman Hunt C. Councilman Johnson D. Councilman Mottaz E. Councilman Williams 11. ADJOURN