HomeMy WebLinkAbout09-07-04 packet attachmentsMINUTES APPROVED: August 17, 2004
LAKE ELMO CITY COUNCIL MINUTES
WEDNESDAY, AUGUST 4, 2004
(The Council meeting has been rescheduled from August 3, 2004
because of National Night Out)
L AGENDA
2, MINUTES: July 20, 2004
3. PUBLIC INQUIRIES/INFORMATIONAL:
4, CONSENT AGENDA:
A. Resolution No. 2004-062 Approving Claims
B. Request for Meehan Family for an Extension of time to Record Final Plat
C. Ordinance Amending Definition for Building Height (POSTPONED)
D. Resolution No. 2004-062: Appointing Election Judges for Primary and
General Election
E. Resolution No, 2004-063: Designating Polling Places for the Primary and
General Election
5. FINANCE:
A. Schedule Meeting Date for Bond Resolution and Amend CIP
6. NEW BUSINESS
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Department Activities :Fire Chief Malmquist
CITY ENGINEER'S REPORT:
A. Landscape Security Release -Eagle Point Business Park
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2004-064:Request to MnDOT for Iris Avenue Street Sign
B. Fence Ordinance:Ordinance No, 97-137
C. Fence Moratorium Request at 55th Street N. (Postponed)
D. Limited Business Zoning District — Add Family Entertainment Center
(Tabled at the request of the applicant)
E. Resolution No. 2004-065:Final Plat, OP Plat & Development Agreement;
Whistling Valley Second Addition
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A, New Public Facilities:City Hall, Public Work Facilities and Possible Fire
Station
12. CITY COUNCIL REPORTS
A. Mayor Hunt:Smoking Ban
Acting Mayor Dunn called the meeting to order at 7 p.m. in the Council chambers,
PRESENT: John, Dunn, Johnston, DeLapp, City Engineer Prew, City Attorney Filla,
City Planner Dillerud, Finance Director Tom Bouthilet and Administrator Rafferty.
ABSENT: Mayor Hunt
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004
1. AGENDA
DELETE: 9C. Fence Moratorium Request, TABLE: 9D at the request of the applicants;
ADD: 8B. Resolutions Calling for Assessment Hearings, 11D. Supreme Court Position,
Update on 37th Street Property
M/S/P Johnston/DeLapp - to approve the August 4, 2004 City Council agenda, as
amended. (Motion passed 4-0).
2. MINUTES: August 4, 2004
M/S/P Johnston/DeLapp - to approve the August 4, 2004 City Council minutes, as
amended. (Motion passed 4-0).
3. PUBLIC INQUIRIES/INFORMATIONAL:
Paul Ryberg, Friends of Lake Elmo Library, thanked the Council for paying for the booth
at the Washington County Fair and they still were looking for volunteers to man the
booth.
Liz Johnson, Planning Commission member, stated she thought white is a rural color for
a fence and asked the Council to reconsider discouraging particular colors which she felt
only sets up residents that could afford a fence of particular colors because they are more
expensive.
4. CONSENT AGENDA:
A. Resolution No. 2004-061 Approving Claims
M/S/P Johnston/DeLapp - to adopt Resolution No. 2004-061 approving Claim Numbers
DD203 through DD210 25931 through 25947, which were used for staff payroll dated
July 22, 2004, Claim Numbers 25948 through 25988 dated August 3, 2004 in the total
amount of $245,233.95. (Motion passed 4-0).
Council member Johnston asked what the accumulative expenses were for fighting the
Met Council. Finance Director responded $343,102 and anticipated expenses throughout
December.
B. Request for Meehan Family for an Extension of Time to Record Final Plat
Torre Pines was given preliminary plat approval July 1998 and final approval for all but
three lots in September 1998. The City was informed at that time that Mr. Meehan would
continue to live in the existing home on the 10 acres and that the final plat for these four
lots would not be done at this time. The Meehans are requesting another one-year
extension. Our code allows for this extension, but requires Council approval on a yearly
basis.
M/S/P Johnston/DeLapp — to grant the Meehan's a one-year extension of the Final Plat of
Torre Pines, specifically the parcel snow shown as Lot 15. (Motion passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004 2
C. Ordinance No. 97- Amending Definition for Building Height (Postponed
to 8/17)
D. Resolution No. 2004-062:Appointing Election Judges for Primary and
General Election
M/S/P Johnston/DeLapp — to adopt Resolution No. 2004-062, Appointing Elections
Judges for the September 14, 2004 Primary Election and the November 2, 2004 General
Election. (Motion passed 4-0).
E. Resolution No. 2004-063:Designating Polling Places for the Primary and
General Election
M/S/P Johnston/DeLapp — to adopt Resolution No. 2004-063, Designating Polling Places
for the September 14, 2004 Primary Election and the November 2, 2004 General
Election. (Motion passed 4-0).
5. FINANCE
A. Schedule Meeting Date for Bond Resolution and Amend CIP
The Council selected Tuesday, August 24, 2004, 7 p.m. to hold the Public Hearing for the
Bond Resolution and Amend the CIP.
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Department Activities:Fire Chief Malmquist
Fire Chief Malmquist reported the Department was invited to two neighborhoods for
National Night Out, The Depaittnent calls are down 40 to 50 calls from 2003. All of the
Firefighters on staff are First Responders. The Department will be attending Fire Fighter
Day at the Washington County Fair on Saturday.
8. CITY ENGINEER'S REPORT:
A. Landscape Security Release -Eagle Point Business Park
Planner Dillerud reported two growing seasons have been completed for the landscape
improvements at the Eagle Point Business Park (office condos on Eagle Point Blvd.).
Mike Bouthilet has inspected the landscaping and reported the landscaping complies with
the approved landscape plan for the site. He noted a handful of trees that had not
survived have been replaced by the project developer. Staffrecommended release of the
$89,900 Letter of Credit securing the landscape plan for this site.
M/S/P Johnston/DeLapp - to approve release of M&I Bank Letter of Credit #SB6244
securing the landscape improvements of the Eagle Point Business Park based on the
Fining that the landscape improvements are complete per approved plans and the
landscape materials have survived two growing seasons. (Motion passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004
B. Resolution No..2004-066: A Resolution Calling a Public Hearing on
Proposed Assessment for the 2004 Overlav Project
M/S/P DeLapp/John — to adopt Resolution No, 2004-066, A Resolution for Hearing on
August 17, 2004, 7 p.m., for the Proposed Assessment for the 2004 Overlay Project: 49th
Street, Jane Circle North, Jasper Avenue North, Jerome Avenue North. (Motion passed
4-0),
C. Resolution No, 2004-067: A Resolution Callina a Public Hearine• on
Proposed Assessments for the Improvement of Hill Trail N.
M/S/P DeLapp/John — to adopt Resolution No. 2004-067:A Resolution for Hearing on
August 17, 2004, 7 p.m., for the Proposed Assessment for the Improvement of Hill Trail
North and 50th Street North. (Motion passed 4-0).
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2004-064:Request to MnDOT for Iris Avenue Street Sign
Planner Dillerud reported the Wildflower Shores HOA has requested installation of the
large MnDOT street signs on State Highway 5 identifying the Iris Avenue intersection.
These would be the same signs that now identify several other streets that intersect State
Highway 5.
MnDot has requested a resolution of the Council. A proposed resolution was provided
for Council approval.
M/S/P DeLapp/John - to adopt Resolution No. 2004-064, Requesting MnDOT to install
street signs for his Avenue serving the Wildflower Shores neighborhood. (Motion
passed 4-0). Council member Dunn asked staff to look into the possibility of a smaller
scale size than the Klondike Avenue street sign.
B. Fence Ordinance
Planner Dillerud reported that at the July 20th meeting, the Council tabled the proposed
new fence ordinance to enable staff to consider incorporating additional items that
Council Members would communicate to staff in writing. Staff received comments from
Council members DeLapp and Johnston and Administrator Rafferty.
M/S/P Dunn/Johnston — to amend the text in Section 302.02 Fence Materials, Subd. 1 —
Permitted Fence materials by deleting "other than those white in color". (Motion passed
3-1 :DeLapp).
M/S/F Dtum/John — to amend the text in Section 302.02 Fence Materials, Subd. 3 —
Chain Link or Cyclone Fences by deleting "and shall be black or green in color".
(Motion Failed 2-2:Johnston said he didn't like the galvanized fences, DeLapp).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004 4
M/S/P Johnston/Dunn — to amend the text in Section 302.02 Fence Materials, Subd. 3 —
Chain Link or Cyclone Fences by striking "and shall be black or green in color".
(Motion passed 3-1:DeLapp)
M/S/P Johnston/Dunn — to amend the text in Section 302.04 Temporary Fences, Subd. 1
— Defined to read "Temporary Fences shall be open to light and air over not less than
"40%" of the fence surface area." (Motion passed 4-0).
M/S/P Johnston/DeLapp — to amend the text in Section 302.06 Fences as Screening and
Security as Required by This Code by adding "Item 4. No such screening shall be roofed
or covered in any manner. (Motion passed 4-0).
The Council suggested that in Section 302.02 add Temporary Fences as exclusion to
requiring a building permit. Council member Johnston asked if temporary fences are
adequately defined. Attorney Filla responded that temporary fence definitions could have
other fences; such as, garden, snow fences and swimming pool fences which are installed
and removed on a seasonal basis.
M/S/P Johnston/DeLapp — to not require a building permit for temporary fences. (Motion
passed 4-0).
Attorney Filla suggested adding the words "6 months administratively."
M/S/P Johnston/John — to amend the text to read in Section 302.07, Item 1. Fence Permits
Required: All such fences shall be removed by the property owner within 6 months of
the termination of the keeping of Domestic Farm animals, unless an extension is
specifically authorized by City Council action. (Motion passed 4-0).
M/S/P Johnston/John — to adopt Ordinance No. 97-137, Fence Ordinance, as amended.
(Motion passed 4-0).
M/S/P Johnston/John to amend the agenda add 9B New Fence Ordinance and Repeal of
Fence Moratorium. (Motion passed 4-0).
M/S/P Johnston/DeLapp — to repeal the Fence Moratorium. (Motion passed 4-0).
Planner Dillerud will address Council member Johnston's concern on clarification of
fences in the OHW setback in the shoreland ordinance.
C. Fence Moratorium Request at 55th Street North:
This agenda item was postponed to August 17th Council meeting per the request of
resident, Tom McCormick,
D. Limited Business Zonina District — Add Family Entertaininent Center:
This agenda item was tabled at the request of the applicant.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004 5
E. Resolution No. 2004-065:Fina1 Plat, OP Plan & Development Agreement-
Whistlina Valley Second Addition
Planner Dillerud reported Bald Eagle Development has applied for Final Plat approval of
the 18 lot Second Addition for Whistling Valley in the Northwest Quadrant of Keats
Avenue and 10th Street North. The Final Plat proposed is response to the approve
Preliminary Plat and the conditions to that approval (no direct trail access is proposed to
the Regional park). The City Attorney prepared a Development Agreement covering the
responsibilities and financial requirements of the developer. The final landscape plan
includes forestation exceeding the requirements of both the OP Ordinance and he
Subdivision Code. Staff recommended adopt of the Resolution approving the Final Plat
OP Plan and Development Agreement.
M/S/P Johnston/John - to adopt Resolution No. 2004-065, (change to concrete curb) A
Resolution approving the Final Plat, Final Plan, and Development Agreement of
Whistling Valley Second Addition per plans staff -dated July 29, 2004. (Motion passed 4-
0).
10. CITY ATTORNEY'S REPORT:
Attorney Filla reported the property on 37th street has gone tax forfeit and he will come
back with an estimate of costs for proceeding.
11. CITY ADMINISTRATOR'S REPORT:
A. New Public Facilities:City Hall. Public Work Facilities and Possible Fire
Station
A presentation was made by staff and Tom Prew and Terri Olsen, TKDA, for a new City
Hall, Public Works and potential Fire Facility. Two different options for a new city hall
complex were discussed, one site is the Brookfield II site, 3880 Laverne Avenue N., and
the second site is where Lions Park is located, 3525 Laverne Avenue, across from the
Lake Elmo Fire Hall, The Council did not make a decision between the two sites, but
wanted to proceed with moving the project forward in order to capitalize on the low
interest rates currently being offered. Council member Dunn voiced her concerns on the
drainage problem that has existed for years and where Lions Park, one of the city's first,
would be relocated. She said the concern on high density housing in the Old Village area
was brought out at the public meetings. Council member DeLapp pointed out the plans
didn't show senior housing and didn't deal with the space around city hall. Administrator
Rafferty reported staff has met with two master developers and they had positive things
to say on this proposal.
M/S/P Johnston/John — to set the public hearing date for August 24, 2004, 7 p.m., to
approve bond financing in the amount of 4,900,000 for a new city hall complex. (Motion
passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 4, 2004 6