HomeMy WebLinkAbout03-21-95 CCMMINUTES AMENDED: 4-18-95
MINUTES APPROVED: 4-4-95
LAKE ELMO CITY COUNCIL MINUTES
MARCH 21, 1995
Mayor John called the council meeting to order at 7:02 p.m. in the council chambers.
PRESENT: Hunt, Conlin, John, Johnston, DeLapp, City Engineer Bohrer, City Attorney
Filla and Administrator Kueffner.
I.AGENDA
Add: 5B. Minnesota Emerging Communications Service Act of 1995
M/S/P DeLapp/Conlin - to approve the March 21, 1995 city council agenda as
amended. (Motion passed 5-0).
2. MINUTES: March 7, 1995
M/S/P Conlin/DeLapp - to approve the March 7, 1995 city council minutes as amended.
(Motion passed 5-0).
MINUTES: March 9, 1995
M/S/P John/Johnston - to approve the March 9, 1995 city council minutes as amended.
(Motion passed 4-0-1:Abstain:Conlin).
3. CLAIMS
M/S/P Hunt/Johnston - to approve the March 21, 1995 claims #3547 through #3593 as
presented. (Motion passed 5-0).
4. PUBLIC INFORMATIONAUINQUIRIES:
A. Tri-Lakes Association's 40th Anniversary - Joe Kiesling
Joe Kiesling, President of the Tri-Lakes Association, appeared before the council to
discuss the events planned by the Association to celebrate its 40th Anniversary.
Kiesling said he planned to send a letter to. the city requesting permits for various items;
such as; close the public access on the Tri-Lakes for special period of time, lift the no
wake ban prior to noon for one day; and authorize parking on Jamaca Avenue during
the event and more.
LAKE ELMO CITY COUNCIL MINUTES MARCH 21, 1995 2
Mark Caroon, Washington County Deputy in charge of water use, said permits for all of
these events must be issued through the Washington County Sheriff's Dept. Caroon
provided regulations and permit applications for summer events and winter events.
5. OLD BUSINESS:
A. Water Surface Use Ordinance
Administrator Kueffner has talked to Anita Twaroski, DNR, who indicated that some of
the city's water surface use regulations are totally unenforceable and not necessary
because they are covered under State Law. Mr. Christianson, DNR, who worked with
the Water Surface Use Committee has since retired and the regulations have changed.
M/S/P Conlin/Johnston - to table the water surface use ordinance until April 18, 1995
for the City Administrator to receive the draft ordinance from the DNR. (Motion passed
5-0).
B. Minnesota Emerging Communications Service Act of 1995
Attorney Filla reviewed the draft of a resolution which was provided to the Council in
connection with this matter and the provisions of the draft resolution would appear to be
applicable within the City of Lake Elmo. The resolution simply recites the reasons why
the League of Minnesota Cities is sponsoring the legislation. If adopted, the legislation
would obligate the Minnesota Public Utilities Commission to adopt regulations and
standards which could then be implemented by appropriate ordinances or resolutions
within local units of government.
M/S/P Conlin/DeLapp - to approve Resolution No. 95-33, A Resolution supporting
Passage of the "Minnesota Emerging Communications Services Act of 1995". (Motion
passed 5-0).
6. PLANNING/LAND USE & ZONING:
A. PUBLIC HEARING: Variance Requests: (1) to allow a legal non -conforming
structure to be expanded; (2) setback from Ordinary High Water Mark; (3) Building
Elevation; Applicant: Stephen Bachman, 3141 Klondike Avenue
Stephen Bachman, 3141 Klondike Avenue, is applying for variances necessary to allow
an addition onto the west side of his existing house on Lots 4 and 5, Ruth's First
Addition. The public hearing notice was published in the March 10, 1995 Stillwater
Gazette and adjoining property owners were notified.
Mayor John opened up the public hearing at 8:02 p.m. in the city council chambers.
Letters were received from Walter and Colleen Niemiec, 3161 Klondike Avenue N. and
Thomas & Jean Scheuerman, 3077 Klondike Avenue N. , indicating they have no
objection to the Bachman's plans for the addition to their home.
LAKE ELMO CITY COUNCIL MINUTES MARCH 21. 1995 3
There was no one to speak against the variance request.
Mayor John closed the public hearing at 8:05 p.m.
M/S/P Conlin/Hunt - to grant to Stephen Bachman for Lots 4 and 5, Block 1, Ruth's 1st
Addition a variance to expand a legal non -conforming structure, a variance to setback
from the Ordinary High Water Mark, and a variance to the minimum floor elevation to
allow an addition to the existing structure as shown on site plan submitted (dated March
21, 1995) with application based on the favorable recommendation from the
Department of Natural Resources and the following Findings of Fact: (1) no net
increase in risk for damage with this addition because elevation is the same as the
house, (2) recognizing the lake elevations have changed since the original construction
of the house, (3) that a second septic system site could still be found on the property,
(4) removal of old deck would make the lot less non -conforming; and the variance is
conditioned upon the applicant combining Lots 4 and 5, Ruth's 1 st Addition, prior to
issuing a building permit, and with the understanding that the City will assume no
liability for damages incurred if the level of Lake Elmo, or the existing pond next to the
proposed addition rises to a point where they cause damage to the house. (Motion
passed 5-0).
B. Lake Elmo Heights 3rd Addition - Preliminary Plat
Applicant: Royal Oaks
At the March 13, 1995 meeting, the Planning Commission recommended the council
approve the preliminary plat of Lake Elmo Heights 3rd Addition as presented, with the
following conditions: 1) that the applicant meets the conditions set forth by the Valley
Branch Watershed District in its letter of February 24, 1995; 2) meets the conditions set
forth by the City Engineer in his letter dated February 23, 1995; 3) meets the conditions
set forth by the City Planner in his letter dated February 22, 1995; 4) provides a revised
landscape plan with the final plat that is consistent with city landscape regulations and
incorporate Bob Helwig's comments that some of the discretion, of the placement on
the landscaping requirements of the individual lots, should compliment what the
individual property owner wants as long as its in compliance with the City ordinances;
5) the park land dedication as shown on the preliminary plat, and cash combination to
meet the city code requirements, be accepted by the city as recommended by the
Parks Commission; 6) that 27th Street not be used for construction and be so signed
for construction traffic.
The Council received a copy of a letter from Joseph Lux, Washington County Public
Works, indicating they have reviewed the revised platting of Lake Elmo Heights Third
Addition and found it to be acceptable. They would like access control to be shown on
the final plat on the south and east property lines. The location of the intersection of
26th Street and Inwood Avenue has been questioned due to limited sight distance and
have checked the location and found it to be marginally acceptable. They can accept
LAKE ELMO CITY COUNCIL MINUTES MARCH 21, 1995 4
this location, however, since CSAH 13 is scheduled for reconstruction in 1996 and its
design will accommodate the location of this intersection.
The Parks Commission recommended the council accept the 6.6 acres of park land as
presented on the Lake Elmo Heights 3rd Addition with the exception of the 1.1 acres on
the NSP easement and the .3 acres of pond and accept cash in lieu of for the two
mentioned exceptions and that the city determine the location of the storm pond.
Mike Black, Royal Oaks Realty, presented the preliminary plat of Lake Elmo Heights
3rd Addition. Black had met with the city engineer and Randy Peterson, VBWD, who
have agreed to certain minor changes to their previous recommendation that all lots
adjacent to ponding areas be a minimum of 2' above the 100 year flood plain elevation.
The City of Oakdale engineer and manager expressed their dissatisfaction with the plat
as presented. They had approached Mr. Black to allow them to extend Helmo Avenue
northwards to tie into Ideal Avenue and that would encroach into Lake Elmo property.
Mike Black stated the best they could do for Oakdale was to dedicate a 40' wide and
400' long easement through the wetlands on the northwest corner so Oakdale could
taper a roadway in and connect a 90 degree intersection with Ideal Avenue.
Council member Conlin asked the council to consider not creating a park as presented,
but the city take cash in lieu of that land and have the parks commission prepare a
future larger park perhaps on the Eberhard parcel that could be specified as an active
park. The Council discussed Exhibit A showing a proposed park plan for this area
presented by Mike Black.
M/S/P Hunt/John - to approve the preliminary plat of Lake Elmo Heights 3rd Addition as
presented, conditioned on the following:
1. The applicant meets conditions set forth by the Valley Branch Watershed District in
its letter of February 24, 1995.
2. The applicant meets the conditions set forth by the City Engineer in his letter dated
February 23, 1995.
3. The applicant meets the conditions set forth by the City Planner in his letter dated
February 22, 1995.
4. The applicant provides a revised landscape plan, with the final plat that is consistent
with city landscape regulations (and incorporate Bob Helwig's comments that some of
the discretion of the placement on the landscaping requirements of the individual lots
should compliment what the individual property owner wants as long as its in
compliance with the city ordinance).
LAKE ELMO CITY COUNCIL MINUTES MARCH 21, 1995 5
5. The park land dedication as shown on the preliminary plat and cash combination to
meet the city code requirements be accepted by the city as recommended by the Parks
Commission and that the developer provide a 30' dedication South of 26th Street to line
up with the existing dedicated park to the north.
6. That 27th Street not be used for construction and be so signed for construction
traffic and acknowledge at Final Plat time there may be a recommendation from the
Planning Commission for 27th Street to remain a cul-de-sac and not be extended
based on their study for not extending this segment would not affect the residents'
health, safety, and welfare. (Motion passed 5-0):DeLapp:l will vote in favor of this
motion, but want the residents to know that I will do everything in my power to keep
27th Street from going through and will oppose having an easement to permit northerly
extension of Helmo Avenue, a high density traffic street, impact our city which will
seriously reduce the desirability of nearby residential property and would destroy some
of the associated wetlands and woods.)
C. Site and Plan Review: Carmelite Monastery
The Council reviewed the application for Site & Plan Review of Phase II for the
Carmelite Monastery on Demontreville Trail. Phase II will be the addition of separate
"Hermitages" off of the "Common Building". The Valley Branch Watershed District
stated that a permit for Phase II is not required. Building Official Jim McNamara
prepared a statement that the septic system will not need additional upgrade for Phase
II.
At the March 13, 1995 meeting, the Planning Commission recommended the City
Council approve the Site & Plan for Phase II of the Carmelite Monastery as presented.
M/S/P Johnston/DeLapp - to approve the Site and Plan for Phase II of the Carmelite
Monastery for the addition of separate "Hermitages" off of the Common Building based
on the 1991 concept approval of the City Council and based on a favorable
recommendation of the Planning Commission at its February 13, 1995 meeting. (Motion
passed 5-0).
D. Planning Commission's Liaison to committee to review Agricultural Zoning
District Standards
Bob Helwig volunteered to represent the Planning Commission and Kathy Weeks was
asked to be the staff member involved. Councilman Hunt will call Kathy with potential
meeting dates and requested an article in the newsletter explaining the city will be
looking at uses that might be allowed in agricultural zoning and to invite people in the
Ag zone to attend the meeting or send in their comments.
7. CITY ENGINEER'S REPORT:
A. 1995 Overlay Projects
LAKE ELMO CITY COUNCIL MINUTES MARCH 21, 1995
City Engineer Bohrer reviewed and responded to comments made at the public hearing
on the proposed 1995 Overlay Projects. The following action was taken:
PROJECT 1 - 42nd Street - from Jamaca Avenue to Lake Jane Trail
M/S/P Hunt/Johnston - to adopt Resolution No. 95-24 Ordering Improvement and
Preparation of Plans for 42nd Street - from Jamaca Avenue to Lake Jane Trail. (Motion
passed 5-0).
M/S/P Johnston/John - to adopt Resolution No. 95-25 Ordering Improvement and
Preparation of Plans for Foxfire and Green Acres Subdivision. (Motion passed 5-0).
PROJECT 3- Highlands Trail from Hilltop Avenue to DeMontreville Trail
M/S/P John/Hunt - to adopt Resolution No 95-26 Ordering Improvement and
Preparation of Plans for Highlands Trail from Hilltop Avenue to DeMontreville Trail.
(Motion passed 5-0).
PROJECT 4 - Meyers Park Subdivision
The Council received a letter from Eddie & Sandie Fisk, 3115 Laverne Ct. N., indicating
they believe the overlay project is long overdue and the street is in poor condition.
They endorse this proposed project 100%.
Larry Bohrer provided a picture of 3095 Lake Elmo Avenue N. showing a driveway from
the cul-de-sac and it appears to be improved and there is a pickup truck parked in the
driveway. This lot has some benefit from this road because they appear to be using it.
The lot located at 3107 Lake Elmo Avenue N. is low and not buildable. The decision on
assessments for these lots will be done at the time of the assessment hearing.
M/S/P Conlin/Johnston - to adopt Resolution No. 95-27 Ordering Improvement and
Preparation of Plans for Meyers Park Subdivision. (Motion passed 5-0).
PROJECT 5 - 32nd Street from Lake Elmo Avenue to Lampert Avenue
M/S/P John/Johnston - to adopt Resolution No. 95-28 Ordering Improvement from Lake
Elmo Avenue to Lampert Avenue. (Motion passed 5-0).
PROJECT 6 - 38th Street between Laverne and Lake Elmo Avenue
M/S/P John/Hunt - to adopt Resolution No. 95-29 Ordering Improvement and
Preparation of Plans for the proposed 38th Street between Laverne and Lake Elmo
Avenue. (Motion passed 5-0).
PROJECT 7 - Lake Jane Trail from 42nd Street to Jamaca Avenue
The council received a letter from Ruth & Paul Pallmeyer, 8989 Lake Jane Trail,
indicating Lake Elmo is far out -of -line in their method of assessing compared to other
cities. Their argument is primarily with the principle --It is unfair for the property owners
along the streets involved to be penalized for living on a well -used thoroughfare.
LAKE ELMO CITY COUNCIL MINUTES MARCH 21, 1995
M/S/P John/Hunt - to adopt Resolution No. 95-30 Ordering Improvement and
Preparation of Plans for Lake Jane Trail from 42nd Street to Jamaca Avenue. (Motion
passed 5-0).
Paul Huot pointed out there are six unbuildable lots in this project. In the past the city
did not assess unbuildable lots for improvements. He asked the city to be consistent in
their practice on assessments and consider the value of the unbuildable lots compared
to a buildable lot.
M/S/P DeLapp/Conlin - to adopt Resolution No. 95-31 Ordering Improvement and
Preparation of Plans for Jane Road from Lake Jane Trail to Jamaca Avenue. (Motion
passed 5-0).
PROJECT 9 - Upper 33rd Street West of Lake Elmo Avenue
At the public hearing, Mr. & Mrs. Markgraf, 11002 Upper 33rd St., had sent a letter
indicating they were in opposition to this proposed improvement and would like to see a
dead end street sign installed because they get big trucks turning around at the end of
this street. There is a mixture of commercial and residential uses on this street.
Administrator Kueffner explained the city worked on an assessment policy with a
provision dealing with senior citizens or possibly limited income and she will provide a
copy. Past practice will be reviewed.
M/S/P DeLapp/Conlin - to adopt Resolution No. 95-32 Ordering Improvement and
Preparation of Plans for Upper 33rd Street West of Lake Elmo Avenue. (Motion passed
5-0).
PROJECT 10 - Alley between Layton Avenue and Laverne Avenue from 36th Street to
Stillwater Boulevard
The Council received a petition signed by 11 property owners opposing the overlay
project on the alley between Layton Avenue and Laverne Avenue from 36th Street to
Stillwater Boulevard.
M/S/P Hunt/DeLapp - to not order this year the overlay project for the alley between
Layton Avenue and Laverne Avenue from 36th Street to Stillwater Boulevard. (Motion
passed 5-0).
B. Alternatives to Olson'Lake Pond Outlet
Larry Bohrer reported he attended a meeting called by the VBWD engineer, Oakdale
City Engineer, and the 3M company representing property in Lake Elmo and Oakdale.
The VBWD engineer had put together some options for continuing the outlet from
Olson Lakes Estates Pond in such a fashion it would bypass Olson Lake, and he was
looking for informal reactions to these concepts. Transparencies were shown of the
LAKE ELMO CITY COUNCIL MINUTES MARCH 21, 1995
three options. These options will be presented at the VBWD meeting on March 23,
( 1995. The VBWD will also discuss another emergency release from Olson Lake
Estates Pond as soon as the ice is out of Lake Olson. Council member Conlin will
attend the VBWD meeting and report back to the council. The City Administrator will
invite VBWD representatives to the April 4, 1995 council meeting to discuss the
proposed options.
Last year Ray Boche came before the council to talk about a drainage problem. There
are culverts under 36th and 37th Street; but it doesn't drain well to the south. Water
stands in there and affects both his (Boche) septic system and Ray Strege's (8808 36th
St. N.). Since the VBWD's 1007 project went along Irwin Avenue, we could install a
catch basin in the low area and connect it to the storm sewer which would solve the
problem. Bohrer has made application to the VBWD and there may be some
discussion on this matter at the meeting.
8. CITY ATTORNEY'S REPORT:
A. Junker Landfill: Response to letter from Wenck & Associates
Attorney Filla stated there is nothing that indicates we contributed hazardous waste to
this site. If they are willing to offer the city a money cap and guarantees that we
wouldn't be sued from members of the organization or other people, then he (Filla)
would recommend we participate in the Junker Landfill Group. A decision has to be
made by April 28, 1995.. Filla was not ready to recommend anything to the council at
this time.
Attorney Filla will have the findings of fact to support denial of the request of the
Armstrongs for a Text Amendment to the Code relating to Alternative Ag at the next
meeting.
B. Opinion:Can/Should Lee Hunt vote on Road Improvement (55th Street)
Attorney Filla submitted his opinion, dated March 21, 1995, on Council Member
Conflicts of Interest Public Improvement Projects. Conflicts of interest arise when
Council members have a financial interest in a contract which is awarded by the City.
The award of a street improvement contract by the city council would not create a
conflict of interest for a council member unless that member had an ownership interest
in the company which was awarded the contact. A council member does not have a
conflict of interest simply because the council member resides on a street which is
scheduled for improvement by the city council.
9. CITY COUNCIL REPORTS:
Mayor John reported he received a letter from David Wettergren, Supt. of Independent
School Dist 834, indicating he would like to come before the council to address the
potential of holding another school bond issue on May 23, 1995. This can be a feature
in the next newsletter prior to him coming to speak before the council:
LAKE ELMO CITY COUNCIL MINUTES MARCH 21, 1995 9
The meeting with the Minnesota Design Team at the VFW Hall was well attended
by the Lake Elmo residents.
The council acknowledged receiving a letter from Eldon W. Smith, 10941 32nd Street,
and a letter from Ardell Hutton & Debbie Smith -Hutton, 11108 32nd St. N., stating they
feel Hammes Sand & Gravel is doing the community a great service by their recycling
and are very discouraged about council denial of a text amendment allowing Hammes
Sand & Gravel to recycle blacktop and concrete.
Council member Conlin received a response back from her letter to Terry Merrit,
Municipal Board, stating he had scheduled a third in series of the Municipal Board a
May topic being concurrent detachment and annexation. Rita will call Mr. Merrit to find
out when the meeting will be. Conlin will report on the cable commission meeting at the
next meeting.
Councilman Hunt attended the meeting regarding the recreational facilities in school
district 832 to look at current recreational capabilities of the school district and what will
be required in the future. They discussed how to raise funds for improvements of
existing facilities or new facilities; such as, users fees, develop parks for a more
community use rather than the city use, and impact fees for new developments. Hunt
asked for authorization to talk to the city attorney for a couple of hours to see if impact
fees for new developments is feasible. The next meeting will be held on April 6, 6:30
p.m., in the school district #622 Board Room.
M/S/P John/DeLapp - to propose the City Attorney use two hours of his time to discuss
Impact Fees with Councilman Hunt. (Motion passed 5-0).
10. CITY ADMINISTRATOR'S REPORT:
A. Recommendation from Solid Waste Advisory Commission on Composting and
Recycled Material Purchases
The Solid Waste Advisory Committee postponed their meeting to April 3, 1995.
Oakdale and Washington County are trying to get out newsletters with compost dates
and fees. The Administrator and Maintenance Foreman recommended the composting
fees for Lake Elmo residents be raised from $10 to $15 which include taking of brush
and Clean -Up day, non-residents $20 to $25 and $75 for commercial licenses. The
reasons for raising fees is brush has been added for Lake Elmo residents and the cost
to get rid of the tires and appliances have gone up. Kueffner felt $25 is a good deal for
a season pass for non-residents to use the compost site. The entire program is not
self-supporting because the city has to budget for it. The expenses are more than what
we have taken in for Clean up -day. There was council consensus to raise the fees as
suggested.
LAKE ELMO CITY COUNCIL MINUTES MARCH 21, 1995 10
B. Discussion on Planner Interviews
Administrator Kueffner reported she met with Ann Pung-Terwedo and she accepted the
Job as City Planner/Assistant to City Administrator and will start work as early as April
24, but no later than May 1, 1995.
M/S/P Johnston/DeLapp - based on favorable recommendations, qualifications and
experience, to employ Ann Pung-Terwedo as City Planner/Assistant to the City
Administrator at a salary of $33,700 plus benefits identical of other employees, to do a
performance review after three months rather than the six month review, two weeks of
vacation, $100 per month car allowance, attend the State Planning Conference every
year and retain membership in the Minnesota Chapter of the American Planning
Association. (Motion passed 5-0).
C. Vacations
Administrator Kueffner will be on vacation from March 22 through March 31, 1995 and
back to work on April 3, 1995. Mayor John will be on vacation from March 22 through
April 15, 1995.
M/S/P Johnston/Hunt - to adjourn the meeting at 11:35 p.m. (Motion passed 5 -0).
Respectfully submitted by Sharon Lumby, Deputy City Clerk
Resolution No. 95-24 - Ordering Improvement and Preparation of Plans for 42nd Street
from Jamaca Avenue to Lake Jane Trail
Resolution No. 95-25 - Ordering Improvement and Preparation of Plans for Foxfire and
Green Acres Subdivision
Resolution No. 95-26 - Ordering Improvement and Preparation of Plans for Highlands
Trail from Hilltop Avenue to DeMontrevitle Trail
Resolution No. 95-27 Ordering Improvement and Preparation of Plans for Meyers
Park Subdivision
Resolution No. 95-28 - Ordering Improvement and Preparation of Plans from Lake
Elmo Avenue to Lampert Avenue
Resolution No. 95-29 - Ordering Improvement and Preparation of Plans for the
Proposed 38th Street between Laverne and Lake Elmo
Avenue
Resolution No. 95-30 - Ordering Improvement Preparation of Plans for Lake Jane Trail
from 42nd Street to Jamaca Avenue
Resolution No. 95-31 - Ordering Improvement and Preparation of Plans for Jane Road
from Lake Jane Trail to Jamaca Avenue
Resolution No. 95-32 - Ordering Improvement and Preparation of Plans for Upper 33rd
Street West of Lake Elmo Avenue
Resolution No. 95-33 Supporting Passage of the "Minnesota Emerging
Communications Services Act of 1995"
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Stephen Bachman
3141 Klondike Avenue N.
Lake Elmo, PIN 55042
Tom & Jean Scheue=an
3077 Klondike Avenue N.
Lake Elmo, MN 55042
Walter & Colleen Niemiec
3161 Klondike Avenue N.
Lake Elmo, MN 55042
,1
Memo
To:
Mayor and City Council
From:
Mary Kueffner
Date:
March 21, 1995
Subject:
City Planner
I met with Ann Pung-Terwedo today and she accepted the job as City Planner/Assistant
to City Administrator.
On the basis of her qualifications and experience, I offered her the high of the pay range
of $33,700 plus benefits identical to all other employees. Because of her qualifications,
we discussed the possibility of doing a performance review after three months rather than
the six month review we give to most of our entry level jobs.
We negotiated starting out with two weeks of vacation. She indicated she has no plans
for this summer, but has planned a family vacation in October.
Ann also asked about continuing education and said she goes to the State Planning
Conference every year, and would like to continue. The cost for the conference is
approximately $500 annually. She would also like to retain her membership in the
Minnesota Chapter of the American Planning Association. That membership is
approximately $250.00 annually.
One issue that Ann and I discussed, but I haven't been discussed with the council is
vehicle mileage. Jim McNamara has a city vehicle, and I receive $100 per month for car
Allowance. I would estimate that Ann will put on as many miles as I do travelling for the
City, and therefore I recommend that she be given a $100 per month car allowance.
She uses "Word Perfect" and would prefer to have her own computer. She will use our
secretarial staff as well as do some of her own work -- much like I do.
I have not been able to reach the references she listed on her application, and I expect to
hear back from them tomorrow. I have talked with one former council member from
Stillwater and she had nothing but good things to say about Ann -- her professionalism,
her ability to work with their Planning Commission, and commented on the efforts she
put in working with Stillwater Township trying to resolve their annexation issues.
March 21, 1995
Variance Sought:
1. Seeking an addition to a non -conforming structure.
2. Setback for structure from ordinary highwater level
(866) setback is (100) feet.
3. Minimum building elevation.
Section 308.020 describes the "Intent" of the ordinance as to how it is applied. Each
section, (A through D) may or may not be relevant to this application for variance.
A. We are proposing no changes which impact this.
B. Our proposed changes reduce run off and erosion through the use
of expanded vegetation.
C. We are proposing to eliminate an existing deck which is currently
(28') from the waters edge, thereby reducing our nonconformance.
D. Ruth's first addition was platted before the 507 project which controls
the level of Lake Elmo. When it was platted - basement floor levels
were proposed and built at 888.0 (eight existed at the time). Our
basement was built at 891.7 or 3'.8 1/2" above the mandated minimum
elevation. The ordinary highwater is 886 and the lake has been
maintained by the Valley Branch Watershed at 883.45' to 884.85'
(these figures go back to 1989). The outlet set at the South end of
the lake is currently 885. In addition, the high flood mark or (100) year
flood level was established at 888.0' in March of 1974. This information
is part of the city records. (See, Attachment)
Upon request, I can disclose a variety of reasons beyond those listed above as to why a
variance request should be granted.
Respectfully,
Stephen M. Baclunan
3141 Klondike Avenue
Lake Elmo, Minnesota
"'alter C, Nicmiec
:3161 Mondike Avc. N.
Lakc Elmo, .%UN 55042
February 11,1993
Lake Elmo City Council
Lake Elmo, Minnesota 55042
Dear Members,
We are aware that our neighbors next door, Steve and Laura Bachman, have applied for a variance in
order to construct an addition to -their home at al41 Klondike Avenue North.
The existing improvements are very visible from both the lake and the street. Improvements to the
physical appearance would benefit everyone. We know that this plan will not only increase the size of
the home away from the lake, but will also remove a deck to the lake side and add trees or shrubbery to
reduce visibility from the lake.
We have lived next to the Bachmans for several years and have seen many high quality improvements
made to the property as well as to the site. We trust that this most recent plan will be of the same
high quality. We know that it is their intent to make the home blend into the environment which can
only improve physical appearance, reduce visual impact and increase property values for the entire
neighborhood.
We hope you will approve their -request for a building variance.
Sincerely,
Walter Niemiec and Colleen Niemiec
3161 Klondike Avenue North
2-10-95
TO WHOM IT MAY CONCERN:
This letter is to inform you that we are aware of Steve
and Laura Bachman's petition for a variance on their
property at 3141 Klondike Ave. As their neighbors on
the south at 3077 Klondike Ave., we have no objection
to their plans for the addition to their home.
Sincerely,
Thomas J. Scheuerman
Jean D. Scheuerman
n STATE ��a OF 5
U �JH[EzQ) Uz."
DEPARTMENT
METRO WATERS - 1200
PHONE NO. 772-7910
March 6, 1995
Mr. Jim McNamara
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
OF NATURAL
WARNER ROAD, ST.
RESOURCES
PAUL, MN 55106
FILE NO.
Re: Steve Bachman's Variance Request, Lake Elmo
Dear Mr. McNamara:
Metro Region waters has reviewed the information received March 2,
1995 which included a recent topographic survey. The new survey is
quite different than the original submittal on February 8, 1995.
All construction appears to be well above the OhW. It also appears
to be at least two feet above the 100 flood year elevation as shown
on the survey. The additions are on the rear of the structure
where the ordinance encourages them to go.
The DNR does not have concerns over this proposal now that the
survey has been updated. Thank you for the opportunity to review
this project. If you have questions, please contact me at 772-
7910.
Sincerely,
Molly Shodeen
Area Hydrologist
MCS/cds
c: Mary Kueffner, City of Lake Elmo
Steve Bachman, 3141 Klondike Avenue North, Lake Elmo, MN 55042/
AN EQUAL OPPORTUNITY EMPLOYER
BosseiAw,, Rad4UW,, 7QKCl:AJ ,a.
2335 W. 14am4 .4Vmasj 36
jz na"4 J 4mtedo& 55f"
PAome. 636-4600
March 13, 1974
7`` "4C{�iLPA., Ynr-.
City of Lake Elmo
Lake Elmo, Minnesota 55042
Attn: Mr. Donald Mehsikomer
Re: Ruth 1st Addition
City of Lake Elmo
Our File No. 7038
Gentlemen:
casedu6itty gngt weu ,
Otto C. De"eseroo, A.E.
Robert W. R".. P.E.
Joseph C. Aeuesriik, P.E.
Bradford A. Lemberg, P.R.
�n�Robert D. Fria",d, P.E.
1 A
)AR
Y 7 4 Richard E. Turner. P.R.
)A Jam" C. 018m, P.R.
Lutormoe F. rvldst.% P.R.
Gem" R. Cook, P.E.
Kehh A. Gordon, P.R.
Thomas E. Noyes, P.S.
Charles A. Eriekso"
Riobard W. 8"ter
Robert G. Sehunieht
Marvin L. Scroaio
In review of the Ruth's 1st Addition our report to the Council
recommended that the elevation of 888.0 feet be used for basement
floor construction. This elevation 888.0 feet should be the high
flood mark and the normal high water mark would be at elevation
884.0 feet.
Please use this data to supplement the previous report.
Very truly yours,
BONESTR O0, ROSENE, ANDERLIK & ASSOCIATES, INC.
n i J ram...._ _'--...�...__...
Otto G. Bonestroo
OGB:mb
cc: Mayor Maynard Eder
Planning Commission
Retail
210 am Construction
AMIN Services, Inc.
One Eastern Heights Plaza ■ 7582 Carrell Boulevard, Suite 114 H St. Paul, MN 55125 + 612/738.7974 FAX 612/738-0698
February 9, 1995
Mr. Jim McNamara
Chief Building Official
City of Lake Elmo
3800 Laverne Ave. N.
Lake Elmo, MN 55042
Dear Mr. McNamara,
As we discussed today, it is my intention to specifically not bring any fill onto my
property for any purpose associated with the proposed addition to my house. We will
utilize whatever excavated fill is available to meet any required grades as is dictated by
the shoreland ordinance(s),
I understand the concern that the DNR or any other agency may have with homeowners
who are not respectful of their natural environment or surroundings.
As has been demonstrated during our other work on the property, we have eliminated
numerous run-off and erosion problems and we have added dozens of native plants, ferns,
bushes, trees, etc ... to try and soften the impact that the house had when it was built by the
previous homeowners.
Please let me know if there is any other information that you may need for the variance
process to proceed.
Sincerely,
Stephen M. Bachman
Homeowner
® Join the Recycled Cycle
Warren E. Peterson IJI.-I RSON
Jerome I? Fllla TE _ _ _ . 1 L_1__. _ _
Daniel Witt BFrom
ergman
FRAM.
M B7"+7- G r{ 7t 7� 7
Glenn A. Bergman 1�i1 V1 �'+�1� 1���
John Michael Miller'-.8;:,�s;_ tyaag,.y
Timothy 1. Hassett- _
Michael T Oberle
Kenneth A. Amdahl
Timothy P. Russell ,-
March 21, 1995
Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Council kember Conflicts of Interest
Public Improvement Projects
Our File No.: 11135/920001
Mary:
Suite '300
50 East Fifth Street
St. Paul, MN 55101-1197
(612)291-8955
16121 228-1753 facsimile
Melvin I. Silver, Of Counsel
BY FACSIMILE
AND U.S. MAIL
Conflicts of interest arise when Council Members have a
financial interest in a contract which is awarded by the City.
Minnesota Statute §471.87 provides as follows:
Except as authorized in 5471.88, a public officer who is
authorized to take part in any manner in making any sale,
lease, or contract in an official capacity shall not
voluntarily have a personal financial interest in that
sale, lease or contract or personally benefit financially
therefrom. Every public officer who violates this
provision is guilty of a gross misdemeanor.
The award of a street improvement contract by the City Council
would not create a conflict of interest for a Council Member unless
that Council Member had an ownership interest in the company which
was awarded the contract. A Council Member does not have a
conflict of interest simply because the Council Member resides on
a street which is scheduled for improvement by the City Council.
If you have any questions, please contact me.
Very truly yours,
(:;; e Filla
JPF:bap
'REAL PROPP. RTY I A11' SPECI:LIST CERTIFIED Ill THE R6LL PROPERTY LAW SECTION GE THE NINNEEOT4 STATE. n?.R A5501 !}TIOC
Warren E. Peterson
PETERL
Suite 300
Jerome P Pilla
Glenn A Witt
Daniel Witt Bergman
Fra an
_ ___... _. _ _ _ _ . _ ._ ___--- ____
J� T /T BERG � ]� � T
FRAM
50 East Fifth Street
St. Paul, MN 55101-I197
John Michael Miller
(\("�1 �/1 f, i� 1�/lI"�l V
m tr
1 291-8955
Timothy 1. Ha sett'
IG 121 228 , 1753facsimile
Michael T. Oberle
Kenneth A. Amdahl
-
Timothy R Russell . _. Melvin I. Silver, Of Counsel
March 21, 1995
Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
BY FACSIMILE
AND U.S. MAIL
I
RE: Minnesota Emerging Communications Service Act of 1995
Our File No.: 11135/920001
Mary:
I have reviewed the draft of a resolution which was provided
to the City Council in connection with the above -captioned matter
at its last regular .council meeting. The provisions of the draft
resolution would appear to be applicable within the City of Lake
Elmo. The resolution simply recites the reasons why the League of
Minnesota Cities is sponsoring the legislation.
If adopted, the legislation would obligate the Minnesota
Public Utilities Commission to adopt regulations and standards
which could then be implemented by appropriate ordinances or
resolutions within local units of government. The City of Lake
Elmo could implement those regulations within the City of Lake Elmo
or it could enter into a joint powers agreement with adjacent
communities and create an organization similar to the existing
cable commission which would then implement the terms of the joint
powers agreement.
The proposed resolution is in proper legal form. If the City
Council decides to endorse this proposed legislation, the
resolution could be adopted.
If you have any questions, please contact me.
Very truly yours,
(:gme � Filla
JPF:bap
'RLAE PROPERTY LAW SPECIALIST CPR1'I TIED BY TII REAL PROPERTY LAW SECTION OF THE .MINNESOTA sTmE BAR ASSOCIATION
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—'mot.
Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City Council on
each agenda item in advance; and decisions are based on this information and experiences. In
addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to Appear
Before the City Council" form; or, if you came late, raise your hand to be recognized. Comments
that are pertinent are appreciated. Items may be continued to a future meeting if additional time is
needed before a decision can be made.
AGENDA
LAKE ELMO CITY COUNCIL MEETING
March 21, 1995
7:00 p.m. Meeting Convenes
Pledge of Allegiance
1. Agenda
2. Minutes: March 7, 1995
March 9, 1995
3. Claims
4. Informational
A. Tri-Lakes Association's 40th Anniversary - Joe Kiesling
B. Other
5. Old Business
A. Shoreland Ordinance
B. Other
6. Planning, Land Use & Zoning
A. Public Hearing: Variance Requests: (1) to allow a legal
non -conforming structure to be expanded; (2) setback from
Ordinary High Water Mark; (3) Building Elevation
Applicant: Stephen Bachman, 3141 Klondike Ave.
B. Lake Elmo Heights 3rd Addition -- Preliminary Plat
Applicant: Royal Oaks
C. Site and Plan Review: Carmelite Monastery
D. Planning Commission's liaison to committee to review
Agricultural Zoning District Standards
E. Other
7. City Engineer's Report
A. 1995 Overlay Projects
B. Alternatives to Olson Lake Pond
C. Other
Lake Elmo City Council Agenda
March 21, 1995
Page 2
8. City Attorneys Report
A. Junker Landfill: Response to letter from
Wenck & Associates.
B. Opinion: Can/Should Lee Hunt vote on
Road Improvement (55th Street)
C.
9. City Council Reoorts
A.
Mayor John
B.
Council member Conlin
C.
Council member DeLapp
D.
Council member Hunt
E.
Council member Johnston
10. City Administrator's Report
A. Recommendation from Solid Waste Advisory Commission
on Composting and Recycled Material Purchases
B. Discussion on Planner interviews
C. Vacation
11. Adjourn