HomeMy WebLinkAbout04-03-2012 CCMCity of Lake Elmo
City Council Minutes
April 3, 2012
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston, Council Members Smith, Park & Pearson
Also Present: City Administrator Zuleger, Attorney Snyder, City Engineer Griffin, Planning Director Klatt,
Finance Director Bendel, and Interim City Clerk Luczak.
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City Administrator Zuleger requested that one item be added to the Consent Agenda #5a, resolution related to
2012 abatements to Washington County.
MOTION. Council Member Smith moved to approve the April 3, 2012 City Council Agenda as amended.
Council Member Pearson seconded the motion. The motion passed 4-0.
ACCEPTED MINUTES:
The March 20, 2012 City Council Minutes were accepted by consensus of the City Council.
PUBLIC COMMENTS / INQUIRIES:
None
.6_
Mayor Johnston reported he attended the Stillwater Chamber of Commerce Symposium.
City Administrator Zuleger reported to the Council that the Newsletter will be mailing within a week. He
continues to meet with residents on storm water appeals and 12 out of 24 are settled. The Council was
updated on the Red Zone letters mailed to residents on Highland Trail informing and addressing the residents
speeding concerns. Dean received notice from the Tri-Lakes Association that the DNR will provide 160 hours
of watercraft inspections on Olson and Demontreville Lakes reducing the City's cost to $750. The City met
with the Toll Bros. developers about their request for a senior and assisted living development. The 1-94
Corridor discussions have received positive feedback from landowners. The April 10`" Workshop presentations
will address the 2010 Census Data, Stillwater Chamber of Commerce and 1-94 Development. Staff and Council
Retreat is scheduled for April 2012.
City Attorney Snyder stated the detachment proceedings are in the courts, Well No. 4 site acquisition delayed
and updating administrative penalties.
City Engineer Griffin reported that Well No. 4 closing has been pushed back to mitigate the encroachment
easement of Valley Branch Watershed District. The Design Variance from State Aid Operations was denied on
a technicality March 22, 2012, but options may still be available.
Planning Director Klatt informed the Council the Open House with the Village Work Group was well attended.
LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 2012
APPROVED AS AMENDED APRIL 17, 2012
Finance Director Bendel reported that audit preparation was complete and the auditors are scheduled to be on -
site April 23 through May 4, 2012. Cathy continues to clean-up some areas and lingering projects.
CONSENT AGENDA:
MOTION: Council Member Park moved to approve the Consent Agenda Items 2-5. Council Member Pearson
seconded the motion. The motion passed 4-0.
® Approved disbursements and payroll in the amount of $59,70824
• 2011 Street and Water Quality Improvements -Compensating Change Order (CCO) No. 1 and Pay
Request (PR) No. 4 (Final)
® 2012 Street and Water Quality Improvements (Demontreville-Highlands Area) — Award Engineering
Services Contract
• Municipal State Aid System Revision -- Resolution Establishing and Designating Demontreville Trail
as a Municipal State Aid Street
• Resolution Related to the 2012 Assessments to Washington County
RESOLUTION RELATED TO 2012 ASSESSMENTS TO WASHIiNGTON COUNTY
Finance Director Bendel explained the Resolution was necessary to remove three properties from the 2012
Washington County Assessment roll. This will correct two Abatements which were billed incorrectly, and one
raw billing error.
MOTION: Council Member Smith moved to approve the Consent Agenda Item 5a. Council Member Pearson
seconded the motion. The motion passed 4-0.
REGULAR AGENDA:
OLSON LAKE TRAIL SANITARY SEWER EXTENSION — JOINT SEWER PROJECT WITH THE CITY OF
OAKDALE
City Engineer Griffin updated the Council on the City of Oakdale's Olson Lake Trail Sanitary Sewer Extension
Project. Oakdale has invited the City of Lake Elmo to participate as a joint project to connect Lake Elmo
properties along the east side of Olson Lake Trail to sanitary sewer.
Griffin indicated that this issue was discussed at the last council meeting and the City Engineer was directed to
obtain additional information; namely, to make additional efforts to contact impacted properties to determine
resident interest, to determine approximate cost for a feasibility study, and to determine if Washington County
will be participating in street restoration costs.
Griffin indicated that the Assistant City Engineer has been in contact with all 15 property owners who could
benefit from the Phase I and Phase 11 sewer extensions. Ten (10) property owners indicated that they are in
favor of connecting to sanitary sewer while five (5) properties indicated that they were not in favor. Griffin
indicated that the estimated cost of the feasibility study would be $8,000 to be shared equally between the
cities of Oakdale and Lake Elmo. Contact was made with Washington County to determine the street
restoration costs and an answer could not be affirmed. The timing, funding source, and extent of street
improvement work to be completed by Washington County were not completely determined and each factor
may impact whether or not there would be a cost savings realized for the benefit of the sewer extension
project. Given the unknowns, Griffin indicated that the council should assume that there would not be a savings
and that the feasibility study would review two alternative sewer alignments. One alignment under the roadway
LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 2012
APPROVED AS AMENDED APRIL 17, 2012
and one alignment along the west ditch. County participation would continue to be pursued as part of the
Report.
Council discussed the Feasibility Study and the costs and asked questions about future sewer extensions
beyond the scope of this initial sewer extension, including policy issues related to properties connecting to
Oakdale sewer. Council Member Smith asked about a fairness equity policy, assessment to all regardless of a
hook-up or not, and a compliance deferment option for residents. Mayor Johnston and Engineer Griffin were
advocates for the infrastructure to be in place, and the Feasibility Study is the opportunity to get the facts and
address the resident's concerns. Council Member Smith asked if the costs could be offset if the
infrastructure was in place. Council Member Pearson agreed that a Feasibility Study was needed as
there were too many unknowns.
Tony Haider, 4575 Olson Trail, spoke in favor of the sewer system.
MOTION: Mayor Johnston moved to authorize an approximate $4,000.00 expenditure for a Feasibility Study
for a joint sanitary sewer extension project with the City of Oakdale with the costs to be assessed back to
property owners if the project goes ahead; and requested the City Engineer to further review additional
potential service areas from 50th Street to 4415 Olson Lake Road. Council Member Park seconded the
motion. The motion passed 4-0.
LOT AREA (SIZE) AND WIDTH VARIANCE — 5577 LAKE ELMO AVENUE
Planning Director Klatt updated the Council about the variance request to subdivide the 5.11 acre lot into two
new smaller lots. The property is currently zoned Rural Residential which requires a minimum of 10 acres. The
Planning Commission supported the draft findings to deny the request based on the following: The proposed
lot split is not a reasonable use of property and does not represent practical difficulties for the applicant, any
practical difficulties that exist were created by the landowner, and the proposed variances would take an
existing non -conforming lot and create two non -conforming lots.
Council Members and Planning Director Klatt discussed the potential for consolidation of driveways that could
address access and safety concerns; however, Klatt noted that existing easements would likely not allow for
additional private or public access. Mayor Johnston discussed that the plan allowed for two acres per house
and that the proposed variance would be consistent with the City's Comprehensive Plan. Council Member
Smith asked about the City's water infrastructure and the Open Space Developments that will support it in the
future.
James Delaplain 16230 4`h Ave. N., Plymouth, attorney representing applicant, questioned the "practical
difficulties" and noted that they were not applicable as stated in the Findings of Fact. The lot split would be a
reasonable use of the property, but the applicant would need to request driveway approval from the Council.
Steven Weber, 5577 Lake Elmo Ave., commented that it had been his parent's intent to split the lot and
preserve the rural characteristics of the area.
Eileen Bergmann, 5500 Lake Elmo Ave., reviewed the history of the property stating she and husband sold the
property to the applicant's father, Ron Weber, in 1975. At that time, the City's zoning code required a minimum
of five acres. She expressed concern about the City setting precedent for other rural property owners.
iKE O CITY COUNCIL MINUTES , P ,. 2012
APPROVED AS AMENDED APRIL 17, 2012
Council discussed the safety concerns with another potential driveway access and future congestion. The
Comprehensive Plan requires that the City bring services to that part of the City. Attorney Snyder commented
that granting the variance to authorize the subdivision of the lots places minimal reasonable restrictions.
Council Member Park stated that it was not part of an Open Space Development, and it would not change the
character of the area. Engineer Griffin stated to bring utilities efficiently, a coordinated plan would be needed
for infrastructure and that it may be expensive. Mayor Johnston commented that Council Member Smith made
a compelling argument about the Comprehensive Plan.
MOTION: Council Member Pearson moved to adopt a Resolution Denying Lot Area and Width Variances to
Allow a Minor Subdivision at 5577 Lake Elmo Avenue North. Council Member Smith seconded the motion. The
motion passed 3-1, with Council Member Park voting against. Council Member Park was in favor of the
lot split as it was a reasonable use of the oddly -shaped property.
LAKE ELMO PARK RESERVE WEST SIDE ACCESS PLAN (Prepared by Washington County)
At the request of Washington County, the City of Lake Elmo and Oakdale has been asked to review and
provide comments on a plan that was prepared to identify potential opportunities for improving access to the
Lake Elmo Park Reserve from the west side of the park property. The Parks Commission presented the West
Side Access plan. Planning Director Klatt and Staff has participated in a stakeholder group over the past year.
The Planning Commission also reviewed the Plan and provided feedback. Klatt noted that the Plan would tie
into the planned greenway belt system to the Park Reserve, circling around the existing Park, and has been
drafted to incorporate elements from the Lake Elmo trail plan.
Council Member Pearson discussed the proposed parking lots and the opposition by residents on 15th Street.
Planning Director Klatt said the County was aware of the parking concerns, and that County recognized the
neighbor's request for additional enforcement of the parking restrictions along the public streets. Mayor
Johnston stated it is a reserve, not a developed park, and a preserve supports the trails for non -motorized use
for the region. He did not support any additional development within the park and noted that the County is
allowed to develop only 20% of total park area. It was further noted that when you have a trail, it does impact
the wildlife. The City Council requested that Washington County consider improving access in the
northeastern portion of the park?
Steven Dahly, 8955 15th St., was not expecting a path along 151h Street since the School District had
determined the road was safe for children to use as a connection to a school bus stop along Inwood Avenue.
He suggested that pedestrians and bicyclists could use the road, not the trail.
Doug Troupe, 9250 15th St., stated there was no logic to the plan to build a trail through a development, and an
off road trail system that would not lead to any specific place.
Planning Director Klatt informed the Council that the Parks Commission has decided to begin studying ways to
implement the City's trail plan, starting with the proposed trail alignment in the northeast quadrant of the City
and connecting the Stillwater Area High School to the Village.
Brad Sahr, 9170 15th St., provided a handout and petition. East of Inwood Ave. to 15th St. is .8 of a mile and
two thirds more costly for Phase D. The number of visitor estimates information was not provided, and the trail
would tarnish and unduly burden East of Inwood Ave. Phase E would be at the City's cost which is East of
Inwood Ave_ to Keats Ave (please see attached petition and comments).
Michele Houk, 1532 151h St. Ct., agreed with Mr. Sahr's comments. It is an unnecessary City expense when
there is no great need to have access and does not preserve the character of the City. Ms. Houk noted there
is an easement on Cardinal View but the preceding property on 151h Street North does not have an easement
at this time.
LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 2012
APPROVED AS AMENDED APRIL 17, 2012
Lil Linder, 9255 154h St., expressed frustration over a request for an access gate off of Klondike Ave. that
prevented access into the park in this location and felt this was not fiscally responsible. Council Member
Pearson discussed non -motorized access on Klondike Avenue.
Administrator Zuleger recommended that the Council place the petition on file and provide copies to the
Planning and Parks Commission. The City will review the No Parking signs on 15th Street, and talk with
the Washington County Sheriff's Office to determine signage.
MOTION: Council Member Smith moved to place on file the Petition from the 15t" Street neighborhood and to
share this petition with the Planning and Parks Commissions. Mayor Johnston seconded he motion. Motion
passed 4-0.
2012 CITY OF LAKE ELMO PROGRAM OF WORK CALENDAR
City Administrator Zuleger provided the perspective for the 2nd Quarter, stating that several items were already
completed. Budget discussions will be conducted earlier. Dean is currently reviewing on office efficiency,
code enforcement penalties, nuisance enforcement, building growth, and meeting with residents about
stormwater appeals. The 1-94 Corridor discussions have received positive feedback from landowners.
Discussion of Parks and Trails, and Fall Festival plans will be forthcoming by June.
Council Member Smith updated the Council that the 2011 Fall Festival financials are completed.
The meeting was adjourned at 9:59 PM
Submitted by Carole Luczak Interim City Clerk
Resolution No. 2012-012: Related to 2012 Assessments to Washington County
Resolution No. 2012-013: Establishing Municipal State Aid Streets
Resolution No. 2012-014: Denied Lot Area and Width Variances to Allow a Minor Subdivision
at 5577 Lake Elmo Avenue
LAKE ELMO CITY COUNCIL MINUTES APRIL 3, 2012
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