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Home My WebLink About10-05-2010 CCMLAKE ELMO CITY COUNCIL MINUTES October 5, 2010 1 MINUTES APPROVED: October 19, 2010 City of Lake Elmo City Council Minutes October 5, 2010 Mayor Johnston called the meeting to order at 7:12 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith Also Present: Administrator Messelt, City Engineer Griffin, Attorney Snyder, Attorney Baker, Planning Director Klatt, Project Asst. Kriegler, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the October 5, 2010 City Council agenda as amended by adding 2a. Approval of supplemental claims. Council Member Park seconded the motion. The motion passed 5-0. APPROVED MINUTES: The September 21, 2010 City Council minutes are approved by consensus. PUBLIC COMMENTS/INQUIRIES: None CONSENT AGENDA: MOTION: Council Member DeLapp moved to approve the Consent Agenda. Council Member Smith seconded the motion. The motion passed 5-0. Approve payment of disbursements and payroll in the amount of $281,307.62 Approve payment of disbursements and payroll in the amount of $1,538.07 Authorize Partial Payment No. 2 to T.A. Schifsky in the amount of $178,076.80 to be paid from the Project Fund for the 2010 Street & Water Quality Improvements Project Award a contract for the 2010 Crack Seal Project to Gopher State Sealcoat, Inc. in the amount of $12,420 Authorize American Engineering Testing, Inc. to perform Geotechnical Services for the 2011 Street and Water Quality Improvements in the amount of $5,600 Authorize American Engineering Testing, Inc. to perform Geotechnical Services for the 2011 Municipal State Aid Improvements in the amount of $4,500 Approve the proposed CIP Program Adjustment for vehicle replacement, as recommended by the Maintenance Advisory Committee (reprogram the replacement of the Fire Duty car to 2010 and simultaneously reprogram the replacement of the Public Works pick-up truck to 2011). Approve updating city’s vehicle inventory and utilization data, etc. and prepare a report for MAC consideration and Council review and affirmation LAKE ELMO CITY COUNCIL MINUTES October 5, 2010 2 Approve restructuring Street Assessment of $1,750 from 10 years to 20 years, 6% interest rate pending final legal review, Jim Fish, 2267 Legion Lane REGULAR AGENDA: Sunfish Lake Park Area Improvements/Eagle Scout project presentation The City Council was asked to authorize expenditures related to Sunfish Lake Park parking area improvements. Two Eagle Scout candidates, Kyle Yarusso and Chris Amundson, are proposing construction of information kiosks. The Park Commission unanimously supported the proposed improvements and associated expenditures. MOTION: Council Member Smith moved to authorize expenditures related to Sunfish Lake Park parking area improvements and construction of two information kiosks at DeMontreville Wildlife Area at a cost not to exceed $22,440.00. Council Member Emmons seconded the motion. The motion passed 5-0. Lake Elmo Inn Zoning Text Amendment, front and side setbacks, General Business in Old Village Area; Resolution No. 2010-049, Ordinance No. 08-030 The City Council was asked to consider zoning text amendments to the General Business District regulations in the Zoning Ordinance. This request originated as a variance application from the Lake Elmo Inn to allow the construction of a new enclosed patio seating structure in place of the easting fabric tent that currently exists in front of the restaurant, but has been revised instead to amend the zoning regulations for all properties in the Old Village area zoned GB. The proposed structure would not meet existing setback requirements in the General Business District, nor would additional parking be provided for the additional seating area. The proposed zoning text amendments would specifically amend the General Business District as follows: Creating a second front and side yard setback requirements of 0 feet (no special setback required) for properties located south of Minnesota State Highway 5 in the Old Village Allowing the Zoning Administrator to waive the parking requirements for proeprties located in the Old Village area south of CSAH 5. Referencing the description of the “Old Village District” used in the Sign Ordinance. MOTION: Council Member DeLapp moved to adopt Ordinance No. 08-030 amending the GB-General Business District regulations for parking and setbacks in the Old Village District. Mayor Johnston seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES October 5, 2010 3 MOTION: Council Member DeLapp moved to adopt Resolution No. 2010-049 authorizing summary publication of Ordinance 08-030. Mayor Johnston seconded the motion. The motion passed 5-0. Agricultural Sales Business – Consideration of Ordinance Amendment Alternatives, Resolution No. 2010-050, Ordinance No. 08-031 The City Council was asked to consider a recommendation from the Planning Commission to amend certain sections of the City Code pertaining to Agricultural Sales and Agricultural Entertainment Businesses. The Commission is recommending that these types of activities be regulated as an interim use via an interim use permit in the zoning districts in which they are allowed, and that the Council consider several other revisions to the agricultural use standards in the code as outlined in the ordinance. The Planning Director presented the three alternative ordinances as a potential response to the issues associated with the City’s current agricultural sales and agricultural entertainment regulations. Mayor Johnston notes that, while a formal public hearing was held at the Planning Commission, the City Council normally provides time for comments. Neil, John and Deb Krueger, 4452 Lake Elmo Avenue and owners of Kruegers’ Christmas Tree Farm, thanked the Council for the open discussion, review of options and recommended Council approval of Option 1. Council consideration was asked for Item #14, pg 3, regarding Christmas tree inspections and inclusion of some sort of Green Acres requirement. Questions were raised from the following residents regarding Option 1: Renewal of permits, definition of auxiliary sale items, and how does the adoption of Option 1 affect Country Sun Farms. Keith Bergmann, 5833 Lake Elmo Avenue N., Co-owner of Country Sun Farm & Greenhouse Anthony Sanders, Institute for Justice Attorney Cari Myhra, 456 Manning Avenue Kaye Hilpisch, 10732 Stillwater Blvd., Attorney Snyder explained there is an application process for an Interim Use Permit; staff would discuss particulars of each specific case, based upon the criteria allowed by the ordinance, if the proposed changes were approved. Mayor Johnston emphasized that, while not a public hearing, public comment was to provide for additional comment and input, not to answer case-specific questions. Rather, these should be addressed to City staff and, ultimately, to the City Council via an Interim Use Permit application. LAKE ELMO CITY COUNCIL MINUTES October 5, 2010 4 MOTION: Council Member DeLapp moved to adopt Ordinance 08-031A by the City Council at tonight’s meeting - including the specific Findings of Fact and changing Item No. H from 20 acres to 40 acres - thereby amending the City’s agricultural use definitions and regulations. Included in this Motion is adoption of Resolution No. 2010- 050 for Summary Publication. Council Member Smith seconded the motion. Administrator Messelt recommended not including Findings of Fact No. 14 and former Item No. S relating to Christmas Tree certification. Staff will continue to review issues regarding such certification processes and related health and safety standards for all agricultural products. Staff could also continue to research Green Acres provision options. MOTION: Council Member Emmons moved to amend the motion as follows: 1) Item No. L - Strike words “25% of the site ot” [sic] and “whichever is less”; 2) Delete Item No. S of the draft version published on October 1st, relating to Christmas Tree certification and inspection; and 3) Delete Findings of Fact #14, page 3 relating to Christmas Tree certification and inspection. Council Member DeLapp seconded the motion. The motion to amend passed 5-0. MOTION: The motion to adopt Ordinance No. 08-031A and Resolution No. 2010-050, as amended, then passed 5-0. The Administrator noted that the Interim Use Permit fee structure, which will include a one-year phase in fee, will come to the Council for approval beginning of 2011. Old Village Water Quality Plantings at 3570 Laverne Avenue N. The City Council was asked to consider authorizing payment in the amount of $515 to provide water quality plantings at 3570 Laverne Avenue N. The water quality plantings are recommended by Valley Branch Watershed District and Washington Conservation District in an effort to partially mitigate a re-occurring drainage issue on this Old Village Area property MOTION: Council Member DeLapp moved to authorize payment by the City of Lake Elmo in the amount of $1,030 in water quality plantings for the property at 3570 Laverne Avenue N. with a 50% ($515) reimbursement by the VBWD at project completion. Council Member Park seconded the motion. The motion passed 5-0. Revisions to I-94 Corridor Joint Powers Agreement MOTION: Council Member Emmons moved to adopt Resolution No. 2010-051 authorizing revisions to the I-94 Corridor Joint Powers Agreement. Council Member Smith seconded the motion. LAKE ELMO CITY COUNCIL MINUTES October 5, 2010 5 MOTION: Council Member DeLapp moved to amend Resolution No. 2010-051 by eliminating certain WHEREAS clauses and replacing them with new language. The motion to amend failed for lack of a second. The original Motion passed 4-1 (Council Member DeLapp voting no). The Council adjourned the meeting at 8:30 p.m. -------------------- Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2010-049 Summary publication of Ordinance 08-030 Resolution No. 2010-050 Summary publication of Ordinance 08-031A Resolution No. 2010-051 Authorizing revisions to the I-94 Corridor Joint Powers Agreement Ordinance No. 08-030 Amending GB regulations for parking and setbacks in the Old Village District Ordinance No. 08-031A Ag Sales Business