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HomeMy WebLinkAbout11-21-95 CCMAPPROVED: December 5, 1995 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 1. AGENDA 2. MINUTES: November 7, 1995 3. CLAIMS 4. PUBLIC INFORMATIONAL: A. Chris Wichser and Dave Herreid to discuss Fire Department/Maintenance Facilities (DELETED) B. Nutral-ime-What is it? C. South Washington Watershed District Technical Advisory Committee 5. Consent Agenda 6. UNFINISHED BUSINESS: A. Set Joint Meeting with Council and Maintenance Advisory Committee (DELETED) B. Revised ordinance for temporary parking permits C. Status of discussion on Alternate Ag by Planning Commission D. Status of Lighting around Lake Elmo Bank 7. PARKS/MAINTENANCE DEPARTMENT: 8. PLANNING/LAND USE AND ZONING: A. Case No. W96-32: Public Hearing - Variance to the side yard setback Applicant: David and Mary Schwarz, 10961 32nd St. B. Case No. W95-33: Public Hearing Variance to Driveway Width in RE Zoning District Applicant: Stephanie Downs, 2656 Imperial C. Open Space/Clustering Ordinance - Review and Comments 9. CITY ENGINEER'S REPORT: A. Hill Trail/Hill Trail Court Drainage Problems B. Municipal Water Supply Plan C. Update on Road Striping D. Status of Storm Water Plan 10. CITY ATTORNEY'S REPORT: None 11. CITY COUNCIL REPORTS: 12. CITY ADMINISTRATOR'S REPORT: A. Fire Department Study B. Status of December 19, 1995 Meeting C. Volunteer Appreciation Party Mayor John called the council meeting to order at 7:02 p.m. in the council chambers. PRESENT Conlin, John, Johnston, DeLapp, Planner Terwedo, City Engineer Bohrer, City Attorney Filla and Administrator Kueffner. ABSENT: Councilman Hunt 1. AGENDA DELETE 4A. Chris Wichser and Dave Herreid to discuss Fire Dept./Maintenance Facilities, ADD: 6C. Study of Alternate Ag with Planning Commission, 6D. Status of lighting around Lake Elmo Bank, 9C. Road Striping, 9D. Storm Water Plan;TIME CHANGE: discuss agenda item 12A. at 9 p.m. M/S/P DeLapp/Conlin - to approve the November 21, 1995 city council agenda as amended. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 2. MINUTES: November 7, 1995 M/S/P Conlin/Johnston - to approve the November 7, 1995 City Council minutes as amended. (Motion passed 4-0). 3. CLAIMS: M/S/P Johnston/DeLapp - to approve the November 21, 1995 claims #4245 through #4268 as presented: (Motion passed 4-0). 4. PUBLIC INFORMATIONAL: A. Chris Wichser and Dave Herreid to discuss Fire Department/Maintenance Facilities (Deleted) B. NutraLime In August of 1993, approval was given for the land spreading of NutraLime on a parcel of land now owned by Dale Properties located on 15th Street. Residents in the area saw many truckloads of NutraLime being brought onto the property which caused concern to these residents. As noted in Larry Bohrer's letter of August 19, 1993, NutraLime is a soil conditioner and fertilizer product that contains lime, a by-product of the St. Paul Utility's water softening process, and ash from the incineration of municipal sewage sludge. Administrator Kueffner contacted Steve Stark, Metropolitan Council, who agreed to attend the December 5 Council meeting to answer any questions from the council or the public. M/S/P Johnston/Del-app - to extend an invitation to Mr. Stark to attend the December 5, 1996 council meeting. (Motion passed 4-0). C. South Washington Watershed District Technical Advisory Committee The city received a letter from Eric Thole, the attorney for SWWD requesting appointment of someone to serve on the Technical Advisory Committee. WS/P John/Johnston - to appoint the City Engineer to the SWWD Technical Advisory Committee. (Motion passed 4-0). 5. Consent Agenda - None 6. UNFINISHED BUSINESS: A. Set Joint Meeting with Council and Maintenance Advisory Committee The Council deferred this item to Councilman Hunt for the next City Council meeting. B. Revised ordinance for temporary parking permits. At the November 7 meeting, the council was to submit their comments to the City Administrator on the Temporary Parking Permit ordinance. M/S/P John/Johnston - to revise the ordinance for temporary parking permits with wording "An owner.... special non -business or social events; including, but not limited to; weddings, graduations..." and the revised ordinance will comeback to City Council for their review of the specific language. (Motion passed 4-0). C. Status of Discussions on Alternate Ag by the Planning Commission M/S/P Conlin/John - to ask the Planner to talk to Councilman Hunt and Planning Commission member Helwig and give the council an update at the next opportunity. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 D. Status of Lighting around the Lake Elmo Bank Larry Bohrer reported the, lighting system that was approved for 39th Street consisted of underground electric cable and four street lights. They will be located near Highway 5 at the curb near the westerly entrance of the Lake Elmo Bank, at the intersection of Laverne Avenue, and the intersection of Lake Elmo Avenue. The underground cable is in the ground, poles will be erected next week and the system operational before the end of the year. 7. PARKS/MAINTENANCE DEPARTMENT: None 8. PLANNING/LAND USE & ZONING: A. Case No. W95-32: Public Hearing - Variance to the side yard setback Applicant: David and Mary Schwarz, 10961 32nd St. The public hearing notice was published in the November 10, 1995 Stillwater Gazette and the adjoining property owners were notified. At the November 7 meeting, David Schwarz appealed a denial to Case No. W95-31 and staff was directed to review the case, meet with Mr. Schwarz, and publish a public hearing to be held on November 21, 1995. Planner Terwedo met with Mr. Schwarz and no additional information on the plans for the addition were submitted to the city. The Request for City Council Action is the same report submitted at the last public hearing since no changes to the plans have been made, The variance requests include a five yard side yard setback (10 feet is required) and expanding an existing structure on a substandard lot. The existing septic system can accommodate the expansion of the structure. The DNR does not have concerns regarding this variance. Mayor John opened up the public hearing at 7:40 p.m. in the council chambers David Schwarz pointed out their hardship, in his opinion, is their lot has been made non -conforming recently and were not notified of that. When they built a garage in 1990, their lot was a conforming lot. Since that time, the city has changed their ordinance to require 1.5 acres and they couldn't do anything about it. Section 308.070 of the Shoreland Ordinance states that "All legally established non -conformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and other regulations of this City for the subjects of alterations and additions". This is meant to regulate, not prohibit additions to non -conformities. The Shoreland ordinance does allow additions and expansions to non -conformities. What they are requesting Is the minimum to alleviate their hardship and Is not unlike what the city has granted to others in the Old Village. Mr. Scharwz felt they have meet the conditions necessary under Section 308.020. Mary Schwarz stated they live in the Old Village and the building ordinances are meant for the entire City. The Old Village should be looked at differently because of the lot sizes. Their family has had the property since 1908, but it was not a year around residence. The DNR has no problem with what we are proposing, we are not in a flood plain and have two alternative drainfield sites.. Todd Williams commented that a 15,000 SF lot has been non -conforming in an R1 zone for many years long before the prior Shoreland Ordinance was revised and continues to be non -conforming. The existing structure is a non -conforming use and the city does not permit the use to be expanded. The hardship raised by the Schwarz is not interpreted by them correctly. They enjoy an adequate use of their property at this time. There is no hardship involved by definition of our city ordinances. When they bought the house they knew they had a small house and were on a substandard lot. A letter was received from Evelyn Kramer, 10949 32nd St. N., stating she had no objection to the addition proposed by Dave Schwarz.. A letter was submitted from Carol Kelm, 10975 32nd St.N., stating she wants the new house addition to be ten feet from her property line. The variance for the side yard setback is not on Carol Kelm's side. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 4 Mayor John closed the public hearing at 7:55 p.m. Attorney Fills. informed the Council that what is requested is a side yard setback variance which is necessary because if the zoning regulations are more restrictive than the shoreland regulations, then the zoning regulations apply to shoreland property. In order to construct any expansion to this property a variance to the non -conforming use regulations follows the Shoreland code. Filla read the definition of hardship as it applies to our shoreland regulations. When the city changes its regulations, it creates non- conforming lots or structures. Those uses are allowed to continue, but not to expand. The idea is that eventually these non -conforming uses should be grandfathered or amortized out of existence and not allowed to continue to expand. Councilman DeLapp stated since the Schwarz merely wish to increase their living space, there is nothing about their situation that constitutes a hardship and; therefore, no basis to grant them a variance that he Is aware of. Mayor John preferred the city adopt regulations indicating certain areas of the city, because of abnormal historical situations which we want to preserve and continue, develop an overlay district. This could take 3 or 4 months in the future. Kueffner asked what is the impact of all the lots in the city that are platted at one acre --are they all going to have to come in for a variance to increase the non -conformity. Planner Terwedo suggested a land use study of the Old Village area addressing lot sizes, location of garages, setbacks and come up with a description of the Old Village and set regulations to preserve the character. Filla suggested considering the Old Village riparian lots regulations and Old Village non - riparian lots regulations for now. Mary Schwarz indicated she would like their application postponed because there are so many questions Mrs. Schwarz volunteered to work on the committee that would study the Old Village area. M/S/P Conlin/DeLapp - to postpone decision on variance application of Mary and David Schwarz until the January 16, 1996 meeting because of the request of the applicant and further to study the Old Village Riparian lots. (Motion passed 4-0). B. Case No. V/95-33: Public Hearing - Variance to Driveway Width in RE Zoning District Applicant: Stephanie Downs, 2656 Imperial Avenue N. The public hearing notice was published in the November 10, 1995 Stillwater Gazette and adjoining property owners were notified. Mayor John opened up the public hearing at 8:38 p.m. in the council chambers Charles and Stephanie Downs had signed with Broadway Builders to build the house on April 20, 1995. At the time the builder was told they wanted a three car garage and a driveway wide enough to accommodate backing up recreational trailers. When the house was constructed the driveway was graded to the width and length two weeks before the actual asphalt was installed. During that time the inspector saw the graded driveway width and nothing was ever said to the homeowner or the builder. It was not until, one week after the driveway was asphalted that anything was said by the inspector. At that point is when the inspector checked the ordinance and why an after -the -fact variance became necessary. The Downs submitted a written statement stating the driveway at 2656 Imperial Avenue N. looks appropriate to the home and the 3.5 acres it sits on was signed by Thomas Bens, 2580 Imperial Avenue N., Teri Franzwa, 8367 26th St. N., and Brenda Foster, 2655 Imperial Avenue N. Todd Williams spoke in favor of the council allowing this discrepancy to go without further consequences Mayor John closed the public hearing at 8:43 p.m. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 5 Attorney Filla stated that all property owners are presumed to know the regulations. The city did issue permits and the property owner and builder relied on that and spent money to build this driveway. Only part of this driveway, between the property line and the improved right-of-way is wider, and is not in conformance with the code. If the city is going to allow this driveway to continue to exist in its current form, Filla suggested to not consider this as a variance and a hardship, but simply recognize that in this particular case the city is going to allow the driveway to continue to be there because based upon advice from counsel this issue should be resolved in favor of the property owner because of the involvement of the city and not because of a hardship and not because it requires a variance. M/S/P Johnston/DeLapp - to not grant a variance that has been requested, but recognize in this particular case the driveway at 2666 Imperial Avenue N. remain as -built based upon advice from counsel this issue should be resolved in favor of Charles and Stephanie Downs because the City issued a permit for the driveway and authorize the variance application fee and escrow be refunded to Charles and Stephanie Downs. (Motion passed 4-0). Planner Terwedo will provide a driveway permit application form which will include driveway regulations. C. Open Space/Clustering Ordinance - Review and Comments Planner Terwedo provided a draft ordinance on Agriculture/Open Space Preservation and Development Overlay District for Council review. The draft was marked where the Planning Commission had concerns. These issues are specifically related to overall density and the minimum lot size allowed. The Planning Commission would like the overall density of these developments not to exceed the existing density of the present RE density (6 per 20). They also had a concern about the minimum lot size allowable and lot width for single family homes. Mayor John presented his additions and suggestions in his memo to the council dated November 21,1995. John shared the concern of the PZ over the relatively high density. He preferred that the RED ratio of 6/20 acres be amended to permit a minimum lot size of 1.5 acres where homes are clustered with a maximum density of 8 per 20 acre parcel, excluding roads. This would leave a total of 8 acres open space. He did not want to leave the developer or owner with ownership of the vacant land without permanent dedication of development rights to the City. Todd Williams indicated he felt this was an excellent ordinance, but is concerned on the density proposed. He encouraged the Council to hold to the line that total population of the city developed under a clustering ordinance would be not greater or vary some slightly in total population over what it would be developed if everything were zoned RE. The council should consider the concept of the transfer of development rights. Council members Conlin and DeLapp felt that a sliding scale of unit density is equitable and defendable. Conlin suggested looking into clustering in collaboration with property owners of large tracts of land which would provide larger open space preservation. Also, the City should think about eliminating the RE zoning because It's inconsistent. Council member Johnston felt the purpose is to preserve open space and agricultural land --if you don't have a parcel large enough for Ag use, then why are we trying to keep it in agricultural use. Johnston was in agreement with elimination of the RE Zoning District. Attorney Filla explained the reason the city is going to adopt a moratorium is to put things on hold in order to have the regulations in place that allow the city to end up with what is in the city's best interest. What is proposed here should not be a financial burden to anyone that plans on developing their property. In fact they will be able to develop the site in a less costly manner and in a way that allows them to sell more units. There is a financial incentive here to encourage people to get onboard with the cluster development concept. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 6 9. CITY ENGINEER'S REPORT: A. Hill Trail/Hill Trail Court Drainage Problems City Engineer, Larry Bohrer, provided a memo dated November 17, 1995 reporting on the September 5 meeting the council discussed the drainage concerns of residents along 50th Street for a wetland which is adjacent to their property north of 50th Street. The 50th Street residents felt that if the two catch basins at the intersection of Hill Trail and Hill Trail Court could be reopened, some water could be diverted away from the wetland. Bohrer felt this would have some effect, but would not solve the water problem that exists along 50th Street. The vacant lot over which the re -opened drainage would run is now owned by George and Brenda Taylor, 7945 Hill Trail North. The Taylors, like Castle Design, were unsuccessful in obtaining the many variances needed to make this vacant lot buildable. Bohrer discussed this matter with Brenda Taylor who said they would consider allowing the City to reopen drainage across their lot under two conditions: 1. The lot would be declared buildable and building permits would be issued for the lot. 2. The drainage pipe be routed along a property line to the lake and discharge in an erosion free manner. The Council indicated they could not meet the conditions of the Taylors because the City previously went to court with Castle Design to enforce the unbuildable determination for this lot. M/S/P Johnston/Conlin - to direct the staff to contact the property owners that inquired reopening the catch basins and inform them it appears not to be a viable option and will not be pursued further. (Motion passed 4-0). B. Municipal Water Supply Plan Larry Bohrer reported in his memo dated November 17, 1995 that Lake Elmo must prepare a Municipal Water Supply Plan. This plan must address conservation measures and emergency preparedness. In the Metropolitan Area this water plan must become part of the community's Comprehensive Plan and is subject to review by the Metropolitan Council. Lake Elmo cannot meet the original deadline for submitting these plans of January 1,1996. Bohrer suggested that he prepare a workscope and cost proposal for this water plan and submit it to the council at the next regular meeting. The work could probably be done in December and January and meet the deadline as close as possible. M/S/P Johnston/John - to authorize $5,000 out of the professional services reserve fund for Larry Bohrer to prepare a workscope and cost proposal for this municipal water supply plan. (Motion passed 3- 1:DeLapp felt the people being served by the municipal water system should have to pay for this study), The City Administrator will check to see if there is any money in the water reserves. C. Update on Road Striping Councilman Del-app felt the City has an inconsistent policy on road striping. We have many miles of roads in this City that are designated as striped roads, but don't have any stripes. How can we be consistent in our policy on safety if we don't stripe our roads. Larry Bohrer explained the City does have a policy on striping. All collector streets are MSA streets by definition and are to be striped (centerline type stripe) that are narrow or curvy roads. Also, if safety would be enhanced, then those streets shall be striped. (For example, the Hidden Bay area.) There were two roads that should have been striped shortly after they were overlaid this year, 42nd St. and Jane Road. Because the overlay was delayed, the striping was too. As soon as the weather permits in the Spring, a contract will be let out to get those roads striped. Bohrer will put together a comprehensive program for the Spring. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 D. Status of Storm Water Plan Larry Bohrer reported that it was determined in 1993 that we should proceed with a local water management plan. Realizing it couldn't be funded all at once, money would be set aside each year to do certain phases of the work. Budget was $10,000 a year. In 1994, the first phase was inventory of all the drainage structures and ponds. Mapping was done on the reduced half section maps and a booklet shows all the drainage pipes, ponds, storm sewer pipes in the area. In 1996, the work was to identify the particular areas of the City that should be studied because of drainage problems. The entire City did not need to be studied. Of particular concern is Legion Avenue area and the 50th Street area. 10. CITY ATTORNEY'S REPORT: None 11. CITY COUNCIL REPORTS: Mayor John provided his Mayor's Report on: Area Elected Officers Meeting for School District 622, Ramsey County:their proposed tax levy was an increase of 3.4%, but this had now been trimmed to 2%, Washington County:Pine Point would now have running water and a "Billy". Still at work on the comprehensive plan to develop zoning ordinances., Ice Arena Task Force:The Mighty Ducks application had been submitted., Collaborative School Update:School District 916-They were holding meetings with parents of prospective pupils., Washington County Board Meeting:Dr. David Bucheck was unanimously elected to serve on the Board of the VBWD. Council member Johnston reported she submitted Larry Bohrer's letter to the VBWD who then postponed the Anna Grove's application until the next meeting for their engineering staff to evaluate all their numbers. The bids were let for the project to pipe the water from Olson Lake Estates Pond into Crombie Pond to Carl Bolander and Sons for $468,005. 12. CITY ADMINISTRATOR'S REPORT: A. Fire Department Study Administrator Kueffner asked that the council look at her report that may lead to resolving some of the issues the city has been concerned about before they make a decision to spend money on this outside consulting firm study. Conlin felt she has been on the council three years and throughout this time there has been comments and complaints with the Fire Dept. and nothing has been acted upon. She would rather not spend $4,000 for an outside study if we can move forward. M/S/P DeLapp/Conlin - to table this item until the next Council meeting to allow the City Administrator to provide an additional proposal on use of internal resources. (Motion passed 4-0). B. Status of December 19, 1995 Meeting Past practice has been to cancel the second meeting in December, barring any unforeseen emergencies that may come up. M/S/P DeLapp/Conlin - to cancel the December 19,1995 City Council meeting unless agenda items come and the City Administrator decides there should be another meeting. (Motion passed 4-0). C. Volunteer Appreciation Party M/S/P Johnston/Conlin - to hold a Volunteer Appreciation Party on Friday, January 26 at the VFW at a $150 rental fee. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 8 D. Proposed Workshop ( The Council will hold a workshop, Tuesday, November 28 at 6 p.m, to discuss the Fire Dept./Maintenance Facilities with Chris Wichser and Dave Herreid. M/S/P Conlin/DeLapp - to adjourn the meeting at 10:45 p.m. (Motion passed 4-0). Respectfully submitted by Sharon Lumby, Deputy Clerk