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HomeMy WebLinkAbout07-05-2011 CCM MINUTES APPROVED AS AMENDED 7/19/11 LAKE ELMO CITY COUNCIL MEETING JULY 5, 2011 1 City of Lake Elmo City Council Meeting Minutes July 5, 2011 Mayor Johnston called the meeting to order at 7:04 p.m. PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson, and Smith Also Present: Administrator Messelt, Attorney Sandstrom, and City Engineer Griffin, Planning Director Klatt, Finance Director T. Bouthilet, Parks and Public Works Superintendent M. Bouthilet, Recording Secretary Luczak APPROVAL OF AGENDA: Mayor Johnston suggested that the discussion on the commercial water rates be continued at the July 19, 2011, Council Workshop. Council Member Smith requested that the Staff involved in the billing of the water bills be in attendance to answer any questions and concerns. Council Member Park requested that this item should then be placed on the July 19, 2011, Council Workshop and then Council Agenda for final action. MOTION: Council Member Emmons moved to approve the July 5, 2011 City Council Agenda as amended by deleting Commercial Water Rates and Library Services. Council Member Pearson seconded the motion. The motion passed 5-0. ACCEPTED MINUTES: The June 21, 2011, City Council minutes were accepted as amended by consensus of the City Council. PUBLIC COMMENTS: None. CONSENT AGENDA: MOTION: Council Member Pearson moved to approve Items 3 & 4 as presented on the Consent Agenda. Council Member Emmons seconded the motion. The motion passed 5-0. Accepted Susan Dunn’s Resignation from the Parks Commission and move John Ames to Full Voting Member and Steve DeLapp to First Alternate Authorized Purchase of Animal Control Equipment MINUTES APPROVED AS AMENDED 7/19/11 LAKE ELMO CITY COUNCIL MEETING JULY 5, 2011 2 REGULAR AGENDA: Approve Payment of Disbursements in the Amount of $64,261.64 Council Member Smith commented regarding the Fire Equipment and Repair claims. She asked about City policy regarding prepayment of services. Finance Director T. Bouthilet provided clarification regarding the claims. MOTION: Council Member Smith moved to approve Payment of Disbursements in the amount of $64,261.64. Council Member Park seconded the motion. Motion passed 5-0. Huff n’ Puff Proclamation Council Member Pearson read the Lake Elmo Jaycees Proclamation proclaiming August 11-14, 2011, as Huff n’ Puff Days in the City of Lake Elmo. Consider Approval of a Temporary On-Sale Liquor License for Lake Elmo Jaycees Huff n’ Puff Days and Waive the Fees for the Liquor License and Lions Park Ball Field Lights City Administrator Messelt requested the City Council to consider its annual 1 to 4 day temporary On-Sale liquor license for the Lake Elmo Jaycees Huff n’ Puff Days, and to also waive the liquor license fee and the fee for the Lions Park ball field lights. The Lake Elmo Jaycees informed the City Council that this was their 35th Annual Huff n’ Puff Days, and registration for the Softball Tournament had already begun. The Jaycees have also received National level awards for the adult flashlight Easter Egg Hunt for Relay for Life, and will again be participating in the Lake Elmo Fall Festival with a Cake Walk. MOTION: Council Member Smith moved to approve the temporary On-Sale liquor license for the Lake Elmo Jaycees Huff n’ Puff Days, August 11-14, 2011, and waive the fees for the liquor license and Lions Park ball field lights. Council Member Pearson seconded the motion. The motion passed 5-0. Review of Code Interpretation Concerning a Proposed Covered Walkway as 7955 Hill Trail Court; Resolution No. 2011-024 Planning Director Klatt requested the City Council, acting as the Board of Appeals, conduct an Appeal Hearing regarding Staff’s interpretation of the City Code related to the applicant’s proposed construction at 7955 Hill Trail Court, and specifically, whether or not the proposed project is in conformance with the existing regulations as written. He explained to the City Council that the applicants’ proposal to construct a modified entrance to their home is in conflict with City Code standards regarding allowable encroachments into the setback area. He further explained that historic street vacation MINUTES APPROVED AS AMENDED 7/19/11 LAKE ELMO CITY COUNCIL MEETING JULY 5, 2011 3 actions have resulted in an unusual situation that has created the issue with Staff’s interpretation of “front yard”. Mayor Johnston stated he concurred with the applicants regarding the health and safety issue of the covered steps. Council Member Smith inquired as to whether the applicants could proceed with a zoning variance application under the new variance standards recently adopted by the legislature and proposed for adoption by the City later on the Agenda. Council Member Park suggested that the Council could define the proposed improvements as steps rather than a deck and therefore become an allowable encroachment. Council Member Emmons commented that the proposed action may be better as a variance to overcome issues of precedent for the Staff. Attorney Sandstrom stated that the issue before the Council appears to be more of a variance matter than a Staff interpretation. Appeal Hearing opened at 7:49 p.m. City Planner read into the record a letter from the adjoining neighbors, Veronica and Allen Siedle, in support of the applicants’ proposal. Property owner Jim Norton stated that they had a survey done and another improvement to their home in recent years and no mention was made of setback issues or yard definition. Property owner Pam Beytien further advised that the proposal to cover the proposed entry steps was to overcome ice buildup on the steps. Appeal Hearing closed at 7:58 p.m. Council Member Smith stated that this situation was unique but that Staff interpretation was correct based on the City Code and prior similar interpretation by Staff. She said she would prefer that the City Council handle this as a variance. City Attorney Sandstrom said he agreed that if the improvements were called steps rather than a deck, this issue could be handled without a variance. The Council reviewed the current configuration of the lot and determined that, based on the historical platting of this area and the current location of the home, that the northern property line should continue to function as the front property line for purposes of determining building setbacks. MINUTES APPROVED AS AMENDED 7/19/11 LAKE ELMO CITY COUNCIL MEETING JULY 5, 2011 4 MOTION: Council Member Smith moved to approve Resolution No. 2011-024, stating Findings of Fact related to an Appeal and overturning the Staff determination that the western property line is in the front lot line and instead specifying that the northern property line is the front property line for this parcel. Council Member Park seconded the motion. Motion passed 5-0. Variance Ordinance Amendments Planning Director Klatt requested City Council approval of proposed changes to the Administrative Section of the Zoning Ordinance. The proposed update of the section of code reflects the recent changes the Minnesota State Legislature made to the City’s statutory authority to grant variance. MOTION: Council Member Park moved to approve Ordinance No. 08-047 amending the “Administrative” section of the Zoning Ordinance concerning Variances as recommended by the Planning Commission and Resolution No. 2011-025 allowing summary publication of the Ordinance. Council Member Smith seconded the motion. The motion passed 5-0. City Engineering Services – Discussion of Discontinuation of Services City Administrator Messelt requested the City Council provide direction regarding the recent notification by TKDA, effective immediately, of their intention to discontinue Engineering Services to the City, with a transition. He also presented options for City engineering services, including a scoring of the several options. Mayor Johnston stated that there is a value with long term relationships with city consultants. He suggested that any new relationship entered into by the City for engineering services extend to the end of this year but include a City option for a 3 year extension. MOTION: Council Member Emmons moved to direct City Staff to initiate a transition and selection initiative for City Engineering Services, as agreed upon at the July 5, 2011, Council meeting. Mayor Johnston seconded the Motion. Motion passed 5-0. City Council Meeting Calendar For August 2011 City Administrator Messelt requested the City Council discuss the scheduled meeting dates for August 2011 due to recent changes by the Council relating to Workshops, the five Tuesdays in August, accommodating the summer activities and schedules. The City also received a request from the City of Oak Park Heights City Council to convene a joint meeting to discuss the Highway 36 Corridor. Council Member Smith stated no conversation with her about the August dates possibly affecting her schedule. If there are meeting date changes, Council should be consulted. MINUTES APPROVED AS AMENDED 7/19/11 LAKE ELMO CITY COUNCIL MEETING JULY 5, 2011 5 MOTION: Mayor Johnston moved to modify and approve the Lake Elmo City Council Calendar to schedule a Workshop and Regular Meeting for both August 9th and 23rd and to cancel the previously scheduled August 3rd Meeting. Council Member Park seconded the motion. Motion passed 5-0. The Council directed Administrator Messelt to contact the Oak Park Heights Administrator and provide them alternate dates adopted by the Council. Replace and Upgrade Field Lighting at Lions Park Public Works Director Bouthilet requested authorization to contract for replacement and upgrade to the ball field lighting at Lions Park. The equipment and lights are over 35 years old, and CIP funds are available. Council Member Pearson asked if grants were available for this project. Parks and Public Works Superintendent M. Bouthilet responded that there probably were but were for LED lights only, and LED lights are not suitable for recreation fields. MOTION: Council Member Park moved to authorize a contract with Weber Electric for $14,900 to replace the lights and control junction boxes at Lions Park. Council Member Pearson seconded the Motion. Motion passed 5-0. City Council Reports: Council Member Emmons reported that he had met with the Fire Dept. Council Member Smith asked Parks and Public Works Superintendent M. Bouthilet about possible No Parking signs being posted by Carriage Station Park. She expressed safety concerns for residents leaving their private driveways. Parks and Public Works Superintendent M. Bouthilet stated signs were available. City Administrator Messelt said that this matter would be placed on a Consent Agenda at a future meeting. Council Member Smith also requested a report on the total cost of the monument sign on Keats Avenue. Administrator Messelt said a report would be prepared for the Council now that all the costs are known. Council Member Pearson requested tracking information on responses to the Lake Elmo Park Reserve. Council Member Park thanked the Administration regarding the library matters. MINUTES APPROVED AS AMENDED 7/19/11 LAKE ELMO CITY COUNCIL MEETING JULY 5, 2011 6 City Planner Klatt informed the Council that an Appeal Hearing and two variance applications had been received. City Engineer Griffin updated the Council that the 2011 Street Project had the first level already down, and the Rain Gardens had received final plans from the Washington County Conservation District. The City Council adjourned the meeting at 8:43 p.m. Respectfully submitted by Carole Luczak, Recording Secretary Resolution No. 08-024: Findings of Fact Related to an Appeal on the Determination that the Western Property Line is in the Front Line and that an expanded Platform Entrance to the Home at 7955 Hill Trail Court would not be considered a Permitted Encroachment. Resolution No. 08-025: Authorized Publication of Ordinance No. 08-047 by Title and Summary Ordinance No. 08-047: Amended Administrative Section of the Zoning Ordinance to Revise the Variance Requirements Based on Recent Amendments to Minnesota State Statutes