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HomeMy WebLinkAbout08-20-91 CCMDate Approved: 9-3-91 Date Issued: 9-13-91 LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1991 Mayor Johnson called the City Council meeting to order at 7:05 p.m. in the city council chambers. Present: Mayor Johnson, Hunt, Dick Johnson, Mottaz (arrived 7:10), City Engineer Prew, City Attorney Filla, City Building Official McNamara and Administrator Kueffner. Absent: Williams. 1. AGENDA Add: 7E. Variance for John M. Day Farm Addition, 10. Update on Trailhead lawsuit and Jamie Olson lawsuit (executive session). Move: 7B. Kunz Oil down on the agenda, presenter will be late. M/S/P Hunt/Dick Johnson - to approve the August 20, 1991 City Council Agenda as amended (Motion carried 3-0). 2. MINUTES: August 6, 1991 M/S/P Hunt/Dick Johnson - to approve the August 6, 1991 City Council Minutes as presented. (Motion carried 3-0). 3. CLAIMS M/S/P Dick Johnson/Hunt - to approve the August 20, 1991 Claims #95124 through #95180 as presented. (Motion carried 3-0). 4. YOUTH SERVICE BUREAU Gary Baker, volunteer director of the St. Croix Valley Youth Service Bureau and employee of 3M, briefly explained how he got involved in the Bureau and how it is used, and requested a donation from the City for $9,976.00. Paul Weiler, executive director of the youth service bureau, described in more detail some of the programs the bureau offers and the success rate and the increase in demand for these services. The City Council thanked Mr. Baker and Mr. Weiler, and stated the city does not have the funds to extend to the bureau at this time, but their request will be kept in mind when going over the budget for 1992. Sue Dunn, 11018 upper 33rd Street, stated she wanted to make Mr. Baker and Mr. Wieler aware that persons contributing to the United Way are offered the choice of designating donations to the St. Croix Valley Youth Service Bureau. 5. 1992 BUDGET - SET DATE FOR PUBLIC HEARING RESOLUTION NO. 91-27 M/S/P Hunt/Dick Johnson - to adopt Resolution No. 91-27 - a resolution approving the proposed 1991 Tax Levy and calling a public hearing for ( Tuesday, November 19, 1991, at 7:30 p.m, for the proposed budget. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1991 PAGE 2 6. DISCUSSION WITH COTTAGE GROVE RAVINE WATERSHED REPRESENTATIVE, ROSEMARY ARMSTRONG Rosemary Armstrong, representative for the CGRW, updated the council on the amended Joint Powers Agreement. Some of the reasons for the amendment are policy changes, statute changes and the purposes for the watershed organization have changed. Mrs. Armstrong asked the council to review the agreement and add comments or changes if any before the final agreement is signed. PLANNING/LAND USE & ZONING: A. SITE & PLAN REVIEW: CARMELITE MONASTERY Reverend John Burns, Carmelite Monastery, has applied for a site and plan review for construction of additional monastery buildings for a mens community on the property at 8251 DeMontreville Trail N. City Engineer Tom Prew has submitted his report with his recommendation, and City Planner Mike Black has submitted his report with recommendations. Garth Rockcastle, M S & R Architects, presented the site plan and building plan for the new monastery and requested approval of the complete concept and building of Phase I at this time. Phase I would consist of the common area with a kitchen, dining area and living space, Phase II would consist of hermitages (next spring), Phase III would be the Reception Hall and for public visitors (approx. 3 to 5 years), Phase IV would be a church (approx. 7 to 10 years). The Soil perc. tests are acceptable, and the septic system for Phase III will be separate from Phase I. Valley Branch Watershed District has granted a permit. Reverend Burns anticipates starting the building this year. Full occupancy with guests would be 14 to 18 persons at one time. City Building Official Jim McNamara stated all codes will be met. M/S/P Dick Johnson/Hunt - to approve the site and plan of the Carmelite Monastery addition subject to the 5 conditions stated in Valley Branch Watershed's report dated July 29, 1991, and subject to the City Building Official's approval of the on -site sewer system. (Motion carried 4-0). B. PUBLIC HEARING: SHORELAND PERMIT & VARIANCE LEONARD KEDROWSKI, 8162 HIDDEN BAY TR. Mayor Johnson opened the public hearing at 7:45 p.m. in the city council chambers. The public hearing notice was published in the St. Croix Valley Press on August 7, 1991, and adjoining property owners were notified. A written report was received from the city planner with recommendations. Also, a written report was received from Molly Shodeen of DNR. LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1991 PAGE 3 Mr. Kedrowski has applied for a Shoreland Permit with a variance in order to construct a single family residence. The variance request is for approval of a setback of 83 feet from the ordinary high water mark where as a 100 feet is required (17' variance). The property location is Lot 1, Oace Acres and Lot 24 & 25 2nd Addition Oace Acres. Mayor Johnson stated to Mr. Kedrowski that he has not demonstrated a true hardship, and asked if Mr. Kedrowski had any comments with regards to that. Mr. Kedrowski stated he was lead to believe, by the city building official, that the setback from the high water mark was 75 feet. Mr. Kedrowski stated he has incurred some considerable cost in moving forward in getting a contract signed, in doing survey work, layout work and the city should take that into consideration before turning this down. Mayor Johnson asked Mr. Kedrowski if there was an insurmountable problem that would make the 100' setback difficult or impossible, other than taking out a couple trees? Mr. Kedrowski stated it is possible to meet the setback, but at the same time in proceeding and incurring costs, he was lead to believe the setback was 75 feet initially. Mr. Kedrowski stated in fact the sight 100' back from the water mark would not be the one he would choose, and had he been told there is a 100' setback he would not have proceeded at all with this lot. Mayor Johnson Closed the public hearing at 7:50 p.m. Councilman Mottaz asked Jim McNamara, City Building Official, if he had told Mr. Kedrowski that the set back was 75 feet. Mr. McNamara stated the set back for the septic system is 75 feet, but that the setback from the ordinary high water mark for a home is 100 feet. M/S/P Mottaz/Hunt - to deny the request for a 17 foot variance of 83 feet from the Ordinary High Water Mark instead of the required 100 feet for Leonard Kedrowski, 8162 Hidden Bay Tr. due to the applicant has not demonstrated a true hardship as stated in Section 301.060 C.b. (p.301- 18) of the city code. (Motion carried 4-0). Mr. Kedrowski asked the council what is the procedure for getting reimbursed for some of the cost he incurred. City Attorney, Jerry Filla stated according to city code Mr. Kedrowski is not entitled to be reimbursed because applicants have an obligation to be aware of the laws that apply to their request. Also, city's cannot be bound by comments of staff members. The city would have to find some liability on its part to authorize a disbursement. LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1991 PAGE 4 l C. PUBLIC HEARING: SHORELAND PERMIT & VARIANCE GARY KIMLINGER, 9461 JANE ROAD N. Mayor Johnson opened the public hearing at 8:10 p.m. in the city council chambers. The public hearing notice was published in the St. Croix Valley Press on August 7, 1991, and adjoining property owners were notified. A written report was submitted by the city planner with his recommendations. Also, a written report was submitted by Molly Shodeen of the DNR. Mr. Kimlinger has applied for a shoreland permit with a variance in order to construct a three -season porch above his existing garage. A covered structure was in this same location until it was destroyed by a storm in late May and did considerable damage to the roof and chimney of the house. Mr. Kimlinger stated there was a cover above the garage, but it was destroyed in a storm in May. Mr. Kimlinger stated he is proposing a three -season porch as per City Ordinance 301.050 b.8, allowing for restoration of a non -conforming building or structure. Mr. Kimlinger stated the proposed replacement structure will be the same size as the previous cover, but will be more stable than the previous cover as they are trying to avoid a repeat of the damage they incurred, also, this structure will better match the existing building. Carol Schneider, 9409 Jane Road N., stated this structure will increase the value of the home, will allow Kimlingers to use their patio, Kimlingers are good neighbors and she is in favor of this proposed structure. Mayor Johnson closed the public hearing at 8:20 p.m. Councilman Johnson stated Mr. Kimlinger assured him that he was going to do more planting to screen the lake and to screen his accessory building. M/S/P Dick Johnson/Mottaz - to approve a shoreland permit for Gary Kimlinger, 9461 Jane Road, and the council finds there is not an expanded use to the existing legal non -conforming use, therefore a variance is not required. (Motion carried 4-0). D. SITE & PLAN REVIEW: KUNZ OIL The Kunz Oil Company is requesting through Dahl & Associates a building and site plan review for a temporary structure (approximately 5 years) to be located on their property at the corner of Highway 5 and County Road 15. This is a required contamination cleanup project through MPCA for cleanup of contaminants due to leaky fuel tanks while being operated as a gas station. City Planner Mike Black and City Engineer Tom Prew have submitted their review of this proposal. Roger Axel of Dahl & Assoc. stated the structure will be 10' x 24' of concrete block and will be removed after the contaminants are removed from the soil (according to MPCA acceptance levels), and the site will be restored to its original state. LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1991 PAGE 5 There will be virtually no product recovery, but there will be a 50 gallon tank in the building if any products are recovered (60 gallons is the maximum). The building will be screened with landscape and classified as an accessory building. All monitoring and testing is controlled by MPCA, and reports will be submitted to the City to keep updated. Kunz Oil Company is paying for this project. The Fire Marshall and City Building Official have been contacted, and all codes will be met. The storage tanks were removed a year ago. The process involves ground water pumped up through a filtration system and the discharged water will be so clean you could drink it. M/S/P Hunt/Dick Johnson - to approve the site and building plan for Kunz Oil Company for the construction of a temporary building for the clean- up of the sight contingent on a performance bond with the City, guaranteeing removal of the temporary structure within 3 months after approval from the MPCA that the clean-up is completed, in an amount to be determined by the city building official and city engineer to be posted prior to issuance of the building permit. (Motion carried 4-0). E. JOHN M. DAY FARM ADDITION VARIANCE The City Council approved final plat for the John M. Day Farm Addition, but at a later council meeting the aspect ratio of Lot 8 was questioned and a variance for this lot was required. The council would like to state clearly its reasons for granting a variance to this plat for Lot 8 in order to not set a precedent. M/S/P Dick Johnson/Hunt - in the matter of the John M. Day Farm Addition final plat on which Lot 8 was not in strict compliance with the City Ordinance 301.070 D.2.c. (page 301-32) the City Councils reasons for approving the plat are: 1) the lot met the spirit of the ordinance; 2) the lot configuration had to be configured to meet the requirements of the Valley Branch Watershed District, which is a hardship. (Motion carried 4-0). 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: RESOLUTION 91-28: ASSESSMENT FOR HYTRAIL AVENUE N. Mayor Johnson opened the public hearing at 8:45 p.m. in the city council chambers. The public hearing notice was published in the St. Croix Valley Press on August 5, 1991 and adjoining property owners were notified. City Engineer Tom Prew presented information regarding this overlay project. John Haugen, 5777 Highlands Tr., asked how long this overlay will last.? Mr. Prew stated ten to fifteen years additional life. Mayor Johnson closed the public hearing at 8:50 p.m. LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1991 PAGE 6 M/S/P Hunt/Dick Johnson - to fill in Resolution No. 91-28 to reflect the interest rate be 8% and the payment be spread over 5 years. (Motion carried 4-0). M/S/p Mottaz/Dick Johnson - to table Resolution 91-28 to the next regular council meeting for the purpose of clarifying the wording in item no. 2 of the resolution. (Motion carried 4-0). B. SHAFER EASEMENT - SW-1 WATER14AIN M/S/P Mottaz/Hunt - to authorize payment in the amount of $4,000.00 to Shafer Mining for watermain easement relating to the SW-1 Watermain construction, contingent upon all costs being paid by Washington/Ramsey Counties. (Motion carried 4-0). C. OTHER 1. Councilman Johnson asked the city engineer what the projected completion date of the SW-1 watermain project is? Mr. Prew stated the roads will be put back together in about two weeks. 2. Mayor Johnson stated he has received 20 to 30 calls in the last few weeks regarding the recent septic ordinance amendment affecting systems built in or after 1984. Mayor Johnson stated the calls have indicated the rationale for this amendment is not clear to the affected public, and concern of the expense was also expressed, and particularly the 201 project homes expressed they had thought that their septic system problems had once and for all been resolved. Mayor Johnson stated the city must educate the residents with regards to this matter, and must also look into whether or not this amendment creates an undue financial or related hardship on the affected residents. M/S/P Dick Johnson/Dave Johnson - to recommend Councilman Mottaz work with the code enforcement officer in writing a clarification letter as to why this amendment was put into effect, including educational and instructional material, and send it to the affected home owners. (Motion carried 3-0-1, abstain: Mottaz). 9. CITY COUNCIL REPORTS Mayor Johnson: 1. Formally thanked the Jaycees and the business community for the great Huff-N-Puff Days activities. Mayor Johnson stated he has a prepared resolution, and will bring it to the next council meeting. 2. Municipal Heritage Preservation Commission - item postponed. 3. Stated he has his own advisory committee on economic development which has contacted the Stillwater Area Chamber and SADAC. Mayor Johnson introduced the members of this committee as: Dave Lange (chairman), Gloria Knoblauch (recording secretary), Corrinne Reed, Steve Bachman, Richard Hughes, Hugh Madson, Kelly Brookman, Liz Johnson, Dr. Bill Woodworth and Gene Peltier. Mayor Johnson stated basically the purpose is to develop reliable indicators of the current business climate in the region and in the City. LAKE ELMO CITY COUNCIL MINUTES AUGUST 20, 1991 PAGE 7 Councilman Hunt Councilman Johnson: wished to advise the council the VBWD meeting was held with regard to storm water management and water quality, as well as addressing water run off from Olson Lake Estates. This meeting was well attended by the public. Councilman Mottaz: 1. M/S/P Mottaz/Dick Johnson - to instruct staff to include on each city council agenda an item to be called "Old Business", and things that are still pending, whether they need to be acted on or not, but are still open be included under Old Business. (Motion carried 4-0). 2. M/S/P Mottaz/Dick Johnson - that staff be instructed to apply to the Cable Commission for a grant for money to purchase and install a camera to installed on the East wall to be controlled by Mike Bouthilet so that the speaking public can be seen properly, and also to include if possible some kind of amplification system for the council chambers. (Motion carried 4-0). 10. CITY ADMINISTRATORS REPORT: A. RECODIFICATION PROPOSALS - postponed. B. MAINTENANCE EMPLOYEE - M/S/P Hunt/Mottaz - at the recommendation of the Maintenance Foreman and City Administrator to approve offering the job of Maintenance Worker to Rick Gustafson, 8718 Lake Jane Tr., Lake Elmo, at $8.00 per hour. (Motion carried 4-0). C. HARVEY MILLS (CONTINUATION) M/S/P Hunt/Dick Johnson - to authorize the Mayor and City Administrator to execute an extension agreement to the 1982 IR Bond for Conn -Co Shoes, Inc. (Motion carried 4-0). D. OTHER Administrator Kueffner informed the council she will be on vacation next week and stated city staff is very competent. EXECUTIVE SESSION: The Council called an executive session at 10:05 p.m. to discuss Trailhead lawsuit, and Jamie Olson lawsuit. M/S/P Mottaz/Hunt - to adjourn the City Council meeting at 10:35 p.m. (Motion carried 4-0). --------------------- Resolution No. 91-27: Approving the proposed 1991 Tax Levy and calling a public hearing for the proposed budget. 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 20, 1991 7:00 P.M. MEETING CONVENES 1. AGENDA 2. MINUTES: AUGUST 6, 1991 3. CLAIMS 4. YOUTH SERVICE BUREAU 5. 1992 Budget - Set Date for Public Hearing Resolution No. 91-27 6. Discussion with CGRW Representative, Rosemary Armstrong 7. PLANNING/LAND USE & ZONING: A. Site & Plan Review: Carmelite Monastery B. Site & Plan Review: Kunz Oil C. PUBLIC HEARING: Shoreland Permit & Variance Leonard Kedrowski, 8162 Hidden Bay Trl D. PUBLIC HEARING: Shoreland Permit & Variance Gary Kimlinger, 9461 Jane Road N. S. CITY ENGINEER'S REPORT; PUBLIC HEARING: A. Resolution No. 91-28: Assessment for Hytrail Avenue N. B. ,Shafer Easement-SW-1 Watermain C. other 9. CITY COUNCIL REPORTS; A. mayor Johnson B. Councilman Hunt C. Johnson D. Mottaz E. Williams 10. CITY ATTORNEY'S REPORT; 11. CITY ADMINISTRATOR'S REPORT; A. Recodification Proposals B. Maintenance Employee C. Harvey Mills (Continuation) D. Other 12. ADJOURN