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HomeMy WebLinkAbout08-23-2011 CCMLAKE ELMO CITY COUNCIL MINUTES AUGUST 23, 2011 1 City of Lake Elmo City Council Meeting Minutes August 23, 2011 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members Park, Pearson and Smith Absent: Council Member Emmons Also Present: Administrator Messelt, Attorney Snyder, City Engineer Griffin, Planners Klatt and Matzek, Finance Director Bouthilet, and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to amend the August 23, 2011 agenda by pulling Item No. 6 off the Consent Agenda and place item on Regular agenda. Council Member Park seconded the motion. The motion passed 4-0. ACCEPTED MINUTES: The August 9, 2011 City Council minutes were accepted as amended by consensus of the City Council. Mayor Johnston read a proclamation recognizing Joseph T. Janochoski achieving the rank of Eagle Scout PUBLIC COMMENTS: The following property owners on Lake DeMontreville, Pat Dean, 8028 Hill Trail and Brenda Jo Carlson, 8553 Hidden Bay Trail, requested the “No Wake” ordinance be suspended. The city staff and Council were invited for a boat tour around the lakes. Those on the tour found no monetary damage. Justin Bloyer, 8881 Jane Road N., asked the Council to go back to the original No Wake ordinance. The City will be meeting with the Department of Natural Resources in coming weeks to discuss the ordinance and the Council will revisit the issue this fall. Paul Ryberg, President of Friends of the Library, stated this organization meets Tuesday, 1 p.m. at the Lake Elmo Arts Center. LAKE ELMO CITY COUNCIL MINUTES AUGUST 23, 2011 2 CONSENT AGENDA: MOTION: Council Member Smith moved to approve Agenda Items 2, 3, 4, 5, and 7on the Consent Agenda. Council Member Pearson seconded the motion. The motion passed 4-0. Approve payment of disbursements and payroll in the amount of $506,779.38 Approve Addendum payment of disbursements in the amount of $250.00 Authorize Partial Payment No. 2 in the amount of $159,786.42 to be paid from the Project Fund 2011 Street and Water Quality Improvements Project Approve Resolution No. 2011-032 Proclaiming Saturday, September 10, 2011, as the 4th Annual Fall Festival Day and authorize the transfer of $5000 from the General Fund Misc. Revenue account to the Fall Festival Transfers in account Approve advertisement of the vacancies for the Library Board Approve addendum to the Communication System Subscriber Agreement with Washington County for Participation in a New 800 MHz Public Safety Radio Self-Insurance Program REGULAR AGENDA: Consider approval of a new off-sale intoxicating liquor license for Village Wine and Spirits located at 11227 Stillwater Blvd. The City Council was requested to approve a new off-sale intoxicating liquor license for Village Wine and Spirits, located at 11227 Stillwater Blvd. N. by applicant Richard Kosman, LFD, Inc. Village Wine and Spirits will be the fourth license-holder in the Old Village, joining Twin Points Tavern, the Lake Elmo Wine Company and the Lake Elmo Inn. Dennis LaCroix, owner of Twin Points, is concerned with the number of off-sale licenses clustered in a one-block area and adding another would affect their business. Kimberly Ommerborn, owner of the Lake Elmo Wine Company, had concerns on the location itself and saturation of how much can be supported. She provided regulations from the City of St. Paul where one of the conditions for off-sale liquor license establishments must be at least one-half mile apart. Bill Wacker, 3603 Laverne, would like the neighbors notified of this application Richard Kosman, owner of the Village Wine and Spirits, stated in his opinion he would be attracting different cliental, customers would come outside the Lake Elmo area. Kosman estimated he had approximately 10 parking spots, five spots located in front of building. The length of time people park in the area while shopping, Kosman thought the parking area should be enough to accommodate customers. LAKE ELMO CITY COUNCIL MINUTES AUGUST 23, 2011 3 MOTION: Mayor Johnston moved to table a decision until September 6, 2011 to allow time to research the spacing and parking and to notify residents living within a four block radius of the September 6th Council meeting. The motion passed 3-1 (Council Member Pearson voting against.) Ordinary High Water Elevation Setback – 2976 Lake Elmo Avenue The City Council considered a variance application from Peter Vujovich, representing John and Bonnie Butenhof, to allow the construction of an addition to their home at 2976 Lake Elmo Avenue, with a proposed set back of 48 feet from the Ordinary High Water Elevation of Lake Elmo. A variance has been requested because the required structure set back from the OHW of Lake Elmo is 100 feet, in accordance with the City’s Shoreland Management Overlay Zoning. The Planning Commission supported the request based on the draft findings of approval, and added one condition to those drafted by Staff to require that no part of the new structure encroach closer to the OHW line than the original structure. Mayor Johnston asked Mr. Vujovich, archtect, if the set back from the Ordinary High Water elevation could be held to 50 feet because the City is sensitive to increasing the encroachment over time to the OHWM. Mr. Vujovich thought moving the addition 2 feet would be workable. MOTION: Council Member Pearson moved to adopt Resolution No. 2011-034 approving a variance to allow John and Bonnie Butenhof to construct an addition to the primary structure at 2976 Lake Elmo Avenue North that is set back 50 feet from the Ordinary High Water Elevation of Lake Elmo. Mayor Johnston seconded the motion. The motion passed 4-0. Consider a variance request to allow holding tanks to be installed for more than 12 months at 2860 Lake Elmo Avenue North within the 10 foot setback to a property line and within 75 foot set back from the OHW for Lake Elmo The City Council considered a request for a variance to allow holding tanks to be installed up to 45 feet from the OHW for Lake Elmo and up to 2 feet from the front property line at 2860 Lake Elmo Avenue North for more than 12 months. The applicant is trying to sell his home and is, therefore, required to bring the septic system into compliance as the dry well currently on-site is not allowed. A septic designer has stated that there is no room on-site to provide a septic system and is, therefore, recommending two 1,500 gallon holding tanks with an alarm system. Washington County (the City’s septic permitting agency) has stated that ordinances require holding tanks be a temporary measure...no longer than 12 months. LAKE ELMO CITY COUNCIL MINUTES AUGUST 23, 2011 4 Council Member Pearson wanted to look at alternative options because he and the Mayor were not comfortable with approving holding tanks. Council Member Pearson named a business, Equaris, located in Afton, MN, provides an alternative system using gray water. MOTION: Mayor Johnston moved to table the variance required until the September 20th meeting so the applicant could meet with City staff to look at alternatives and grant possibilities for environmental purposes for a lakeshore lot. Council Member Pearson seconded the motion. The motion passed 4-0. Consider an Interim Use Permit (IUP) application from Country Sun Farm and Greenhouses Inc. to allow the sale of agricultural produce and Christmas trees at 11211 North 60th Street that were produced off site The City Council considered an application for an Interim Use Permit (IUP) to allow an Agricultural Sales Business for Country Sun Farm & Greenhouses Inc. They are requesting the IUP to allow the sale of agricultural products at their business that would expire after ten years or if it is sold to an outside party (non-family member), whichever would occur first. The agricultural products would include flower and vegetable plants, pumpkins, squash, corn vegetables, and Christmas trees produced off the premises. Planner Matzek reported in 2010, the City amended codes to allow the sale of produce grown off site in Agricultural, Rural Residential and OP Zoning districts. In addition, changes were made to require an interim use permit for both the AEB and ASB uses subject to performance standards whereas previously an AEB was allowed by CUP and an ASB was allowed outright. The Planning Commission reviewed the application, held a public hearing, and recommended approval of the Interim Use Permit. MOTION: Council Member Park moved to approve Resolution No. 2011-035 approving the Interim Use Permit for an Agricultural Sales Business and to authorize the Mayor to execute the Consent Agreement presented to the City Council related to an interim use permit for five years from the date of approval at 11211 60th Street North. Council Member Pearson seconded the motion. MOTION: Council Member Park moved to approve the IUP for one year. Council Member Pearson seconded the motion. The motion failed 2-2 (Council Member Smith and Mayor Johnston voting against.) MOTION: Mayor Johnston moved to amend the motion to approve interim use permit for two years. Council Member Park seconded the motion. The motion passed 4-0. LAKE ELMO CITY COUNCIL MINUTES AUGUST 23, 2011 5 MOTION: Council Member Park moved to approve Resolution No. 2011-035 approving the Interim Use Permit for an Agricultural Sales Business and to authorize the Mayor to execute the Consent Agreement presented to the City Council related to an interim use permit for two years from the date of approval at 11211 60th Street North. Council Member Pearson seconded the motion. Motion failed 2-2 (Council Member Smith and Mayor Johnston voting against) MOTION: Council Member Pearson moved to direct staff to have conversations to elevate traffic concerns by addressing a safety plan acceptable by the City, County, MnDOT and Bergmanns. Council Member Park seconded the motion. The motion failed 2-2 (Council Member Smith and Johnston voting against.) MOTION: Mayor Johnston moved to direct staff to work with the Bergmanns, MnDOT, Washington County on a resolution to traffic issues and planning for a possible frontage road along Highway 36. Council Member Smith seconded the motion. The motion passed 4-0. Mayor Johnston voted against the motions because of traffic issues and safety concerns with entrance. Council Member Smith voted against the motions because 1.) Trip generation – all clumped together in a small number of weekends, 2.) Minimum lot size is 40 acres – only 21 acres in the CUP; 3.) Structures were not approved, no building permits, are not AG in nature, and should be removed. 4.) No limit to how much non- produce can be brought in and sold. Conditional Use Permit Amendment: Rockpoint Church – Overflow Parking Lot Expansion The City Council considered a request from Rockpoint Church, 5825 Kelvin Avenue North, for a Conditional Use Permit amendment to allow the expansion of an overflow parking lot on the eastern portion of their property. The proposed parking lot would be used as additional parking during holidays, special events, and other instance when parking is at capacity. The Planning Commission unanimously recommended approval of the amendment request with six conditions of approval. MOTION: Mayor Johnston moved to table this item for two weeks (September 6th) so staff, City Engineer and MnDOT can discuss options for improving traffic by planning a frontage road along Highway 36. Council Member Park seconded the motion. The motion passed 4-0. LAKE ELMO CITY COUNCIL MINUTES AUGUST 23, 2011 6 2nd Quarter 2011 Financial Report The City Council received and reviewed the 2nd Quarter Financial Report which highlighted the 2011 second quarter financials, along with the second quarterly report for year 2011. Consideration of Request for the City of Lake Elmo to Join the Transportation Alliance The City Council considered and denied the request for the City to join the Transportation Alliance. Consideration of Migrating CodeRED Emergency Notification System to Washington County under a Joint Powers Agreement The City Council considered approval of the proposed Joint Powers Agreement with Washington County to allow for migration of the CodeRED Emergency Notification System from the City to the County, at a significant savings and operational benefit to the City. The Sheriff’s Office has purchased the CodeRED Emergency Notification System and deployed such countywide. Under a proposed Joint Powers Agreement (JPA) the City of Lake Elmo would see its annual costs for Code RED reduced from $5,250 to approximately $635.The County will provide a “pool” of 150,000 minutes to be used for Public Safety notifications only. For non-emergency notification there will be a $0.25 per minute fee billed by the County. Some additional funds would continue to be budgeted within the communications Budget for these types of official non-emergency communications. The term of the JPA Agreement will be from January 1, 2012 and end December 31, 2012, and will automatically renew for two additional one year periods wit final termination on December 31, 2014. The City does have the option of termination the agreement at any time with a 30-day written notice. The existing City contract with Emergency Communication’s Network will be terminated as soon as possible, as part of the migration to the County system. MOTION: Council Member Pearson moved to approve the Joint Powers Agreement with Washington County for utilization of the Code RED Emergency Notification System and to migrate as soon as possible the City’s current agreement into the countywide program. Council Member Park seconded the motion. The motion passed 4-0. The Council adjourned the meeting at 10:40 p.m. Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL MINUTES AUGUST 23, 2011 7 Resolution No. 2011-032 proclaiming September 10, 2011 as the 4th Annual Fall Festival Day, authorize transfer of $5000 from the General Fund Misc. Revenue to the Fall Festival Transfers Resolution No. 2011-034 Approve variance to allow John/Bonnie Butenhof to construct an addition to the primary structure at 2976 Lake Elmo Avenue