The URL can be used to link to this page

Home My WebLink About12-01-2009 CCMLAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 1 MINUTES APPROVED: December 15, 2009 City of Lake Elmo City Council Minutes December 1, 2009 Mayor Johnson called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith. Also Present: City Administrator Messelt, Planning Director Klatt, Planner Matzek, City Engineer Griffin, Attorney Snyder, Finance Director Bouthilet, Joe Rigdon, KDV Consultant, and City Clerk Lumby. APPROVAL OF AGENDA: MOTION: Council Member Park moved to approve the December 1, 2009 City Council Agenda as presented. Council Member Smith seconded the motion. The motion passed 5-0. GROUND RULES: APPROVED MINUTES: The November 15, 2009, City Council minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: None CONSENT AGENDA: MOTION: Council Member Smith moved to approve the Consent Agenda as presented. Council Member Emmons seconded the motion. The motion passed 5-0. Approve payment of disbursements and payroll in the amount of $310,149.37 Approve 2010 Liquor license renewals and On-sale intoxicating liquor license for the Lake Elmo Inn Event Center Consider approval of Resolution No. 2009-046 approving the renewal of an Interim Use Permit application from Common Ground Church to permit the keeping of horses. REGULAR AGENDA: Update on Friends of Washington County – Marc Hugunin Bruce Messelt, City Administrator, reported the City Council was asked to receive an update from Marc Hugunin, Executive Director of the Friends of Washington County regarding efforts to address state-wide rulemaking on landfills that will have an impact on the proposed Xcel fly ash landfill in West Lakeland Township. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 2 Mr. Hugunin explained because their work will expand to encompass Legislative activity, the costs for this project will be somewhat greater in 2010 than in 2009. He requested that the City renew its support of this project at the same level ($2,500) as in 2009. MOTION: Council Member DeLapp moved to authorize $2,500 to come out of the CIP Bond Fund to renew the City’s support for the Friends of Washington County in an effort to strengthen the statewide rules for landfill siting and to better protect our groundwater resources from contamination from landfill operations. Council Member Emmons seconded the motion. The motion passed 5-0. Final 2009 Tax Levy Certification, Payable 2010, Resolution No. 2009-048 Bruce Messelt, City Administrator, reported the City Council is being asked to affirmatively consider and adopt the Final 2009 Tax Levy Certification, Payable 2010. Joe Rigdon, KDV Financial consultant, presented the proposed 2010 City property tax levy and proposed 2010 City budget. MOTION: Council Member Park moved to approve Resolution No. 2009-048 authorizing certification to the Washington County Auditor of the 2009 Tax Levy ($2,743,346 collectible in 2010). Council Member Emmons seconded the motion. The motion passed 5-0. Proposed 2010 Operating Budget and 2010-14 Capital Improvement Program; Resolution No. 2009-049 The Public Hearing notice on the budget and on the proposed amount of 2010 property taxes the City proposed to collect to pay for the cost of services the City will provide in 2010 was published in the November 25, 2009 Oakdale/Lake Elmo Review. Tom Bouthilet, Finance Director, reported the City Council is being asked to convene a public hearing on the proposed 2010 Budget and then take action on the 2010 Budget and 2010-2014 CIP. At 7:50 p.m. Mayor Johnston invited residents in attendance to express their opinions on the budget and on the proposed amount of 2010 property taxes. Dan Novak, 8520 Ironwood Trail N, asked what percentage of the budget was increased or decreased. The City Administrator responded for the 2010 total budget there was a 1.3% increase over the 2009 budget and the operations budget went down. Mayor Johnston closed the public hearing at 8:00 p.m. MOTION: Council member Smith moved to approve Resolution No. 2009-049 as amended by redirecting $2,500 to the Friends of Washington County, adopting the 2010 Budget and 2010-2014 Capital Improvement Plan. Council Member Emmons seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 3 Public Hearing: Delinquent water and wastewater utility bills; Resolution No. 2009-050 The public hearing notice was published in the November 18, 2009 Oakdale/Lake Elmo Review Tom Bouthilet, Finance Director, reported the City Council is being asked to convene a public hearing, as required under State law, to consider recommended action to assess property owners for delinquent 2009 Water and Wastewater utility bills. Mayor Johnston opened up the public hearing at 8:08 p.m. Jeff Riegle, 2773 Inwood Avenue N., referred to his letter submitted to the City stating his objections: Rationale for the “Estimated” billing of water to the resident Repair of defacement of home Connection of water service to water softener system Water service with proper water pressure Water meter of good working order Phillip Liniewicz, 8226 26th Street, stated they just installed a new well two years ago at a cost of $12,000 and had to cap this well. Since they have been connected to the city water service, they have had problems with proper water pressure even though a booster pump has been installed. Mayor Johnston closed the public hearing at 8:15 p.m. Administrator Messelt will follow-up on residents’ concerns by contacting public works and the city engineer. MOTION: Council Member Park moved to approve Resolution No. 2009-050, A Resolution authorizing certification to Washington County Auditor for unpaid utility bills. Council Member DeLapp seconded the motion. The motion passed 5-0. Consider an application from James Burns for a variance from the front yard setback requirement in an R1 zoning district to allow the construction of a building addition; Resolution No. 2009-045 Kyle Klatt, Planning Director, reported the City Council is being asked to consider a request from James Burns for a variance allowing the construction of an addition to an existing residence at 11140 20th Street Court North. The addition would be set back 22.8 feet from a front property line, or 3.2 feet closer to this line than allowed under the R-1 Single Family Residential Zoning District requirements and related provisions for established neighborhood setbacks. MOTION: Council Member Park moved to approve Resolution No. 2009-045, A Resolution approving a variance request to a setback variance for James Burns, 11140 20th Street Court North, to allow the construction of an addition to an existing residence LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 4 at this address that would be set back 22.8 feet from a front property line, or 3.2 feet closer to this line than allowed under R-1 single Family Residential Zoning District requirements and related provisions for established neighborhood setbacks. Council Member Smith seconded the motion. The motion passed 5-0. Consider application for a CUP to allow an Agricultural Entertainment Business, a rezoning request, and an amendment to a CUP for Country Sum Farm and Greenhouse, Resolution No. 2009-047, Ordinance No. 08-021 Kelli Matzek, City Planner, reported the City received an application for land use changes, including renewal, update and expansion of an existing Conditional Use Permit, as well as a related rezoning request and new Conditional Use Permit received from Sun Country Farm and Greenhouse. The City Council is being asked to consider the following requests from Country Sun Farm & Greenhouse: CONDITIONAL USE PERMIT: To issue a CUP for the entire 67 acres of property under consideration, or specified portion thereof, thereby allowing an “Agricultural Entertainment Business” on the property. At this time it would be appropriate through the issuance of such CUP to clearly delineate the specific uses existing on the site and to clarify which uses are legally permitted, either outright or under the current and/or proposed updated and expanded CUP. This issuance could include the construction of an overflow parking area of 39,900 square feet which is accessory to the other uses on the site. Action on the proposed new CUP establishing an Ag Entertainment District MOTION: Mayor Johnston moved to approve Resolution No.2009-047 (Option B) whereby issuing a Conditional Use Permit for an Agricultural Entertainment Business for Country Sun Farm & Greenhouse on the identified 65 acre portion of the requested 67 acres, with the conditions identified in the Planning staff report, and to include the construction of an overflow parking area of 39,900 square feet accessory to the other uses on the site, as recommended by the City Administrator, City Attorney and Planning Advisor. Council Member Park seconded the motion. The motion passed 5-0. REZONING: To rezone a 33.44 acre parcel from Rural Residential (RR) to Agricultural (Ag). This rezoning could allow the future movement of an existing greenhouse from the original CUP area to the new proposed area, as greenhouses is not permitted in the RR zoning district. Action on the rezoning of 33.44 acres from Rural Residential to Agricultural: MOTION: Council Member Park moved to adopt Resolution No. 2009-052 denying the rezoning of the identified 33.44 acres of property from Rural Residential to Agricultural, with the specific findings of fact: LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 5 1. That the procedures for obtaining said Map Amendment is found in the Lake Elmo Zoning Ordinance, Section 154.020. 2. That all the submission requirements of said Section 154.020 have been met by the applicant. 3. That the proposed rezoning of the property is from Rural Residential to Agricultural for the entire 33.44 acres. 4. The Rural Residential zoning district has a 10 acre minimum lo size requirement while the agricultural zoning district has a 40 acre minimum lot size. The rezoning of the parcel to Agricultural would result in non-conformance to the minimum lot size as the parcel is 33.44 acres. 5. Relocating the greenhouses would still allow for reasonable use of the current property, thereby resulting in a de facto expansion of business activity and, with it, traffic concerns and other public health, life and safety considerations. 6. The proposed rezoning would be preemptive in nature as the applicant’s intent is to move a greenhouse to the property which may or may not be in conflict with currently unknown, unplanned or unscheduled future reconfigurations of the intersection of County Road 17 and State Highway 36. 7. As public infrastructure would be significantly impacted by any rezoning an subsequent access road and greenhouse relocation, the public stands to have such disruption of public services our on multiple times and at significantly increase cost due to this premature rezoning. 8. The applicant retains reasonable use of the affected property toady and, with approval of the Agricultural Entertainment Business CUP, is allowed for reasonable expansion of said business within the acceptable parameters established by the City. Mayor Johnston seconded the motion. The motion passed 5-0. CONDITIONAL USE PERMIT AMENDMENT: To amend the existing conditional use permit currently allowing operation of Country Sun Farm & Greenhouse at 11211 60th Street North to add approximately 24 acres of land (as the rest is in a roadway easement) for the “greenhouse” and “food concession” uses currently permitted. This land would be added to allow the eventual future movement of existing uses for the business. This amend would include the construction of an overflow parking area of 39,900 square feet which is accessory to the other uses on the site. Action on the requested CUP Amendment to extend CUP uses to newly rezoned property MOTION: Mayor Johnston moved to approve Resolution No. 2009-051 (Option B) denying the requested CUP amendment, with the specific findings of fact: 1. That the procedures for obtaining said Conditional Use Permit Amendment and are found in the Lake Elmo Zoning Ordinance, Section 154.018. 2. That all the submission requirements of said Section 154.018 have been met by the applicant. 3. That the proposed Conditional Use Permit amendment is to include an additional 24 acres to the existing 43 acres and to allow construction of a 39,900 square foot LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 6 overflow parking lot. The applicants are intending to move existing structures (greenhouses) and uses (hay ride and corn maze) to this area at a time in the future if and when the reconfiguration of County Road 17 and State Highway 26 and a subsequent frontage road displaces those uses and structures. The Conditional use Permit amendment would allow the movement of the following use and structure: a. Greenhouse growing range b. Sale of concessions 4. That the uses identified in the existing Conditional Use Permit are not allowed without the rezoning of the property to the Agricultural zoning district. 5. The proposed amendment, as stated by the applicant, is intended to allow the movement of an existing greenhouse to the property due to a future reconfiguration of County Road 17 and State Highway 36. This is preemptive in nature as a plan for the reconfiguration has not been approved, nor is a timeline identified for when the project will take place. a. The area identified for movement of the greenhouse may be n conflict with a future frontage road, public utilities, or other improvements in conjunction with a future reconfiguration of the interchange. 6. That the Conditional Use Permit Amendment does not meet the review criteria for Conditional Use Permits (Section 154.018). a. Without road reconfiguration, and/or until such road reconfiguration occurs, the applicant would still have reasonable use of existing property, in addition to the property identified within this CUP. 7. The expansion of the CUP property will likely lead to an expansion of the existing uses which would negatively impact traffic conditions on the site, a. Applicants own application material includes MNDOT concern over increased traffic problems, leading the City to conclude serious community life, health and safety considerations would be detrimentally harmed by approval of this CUP. Council Member Park seconded the motion. The motion was passed 5-0. The City Planner explained due to recent ordinance changes and the evolving nature of these types of requests, City Staff and the Planning Commission recommended the City Council direct greater scrutiny of this issue as part of the department’s 2010 Workplan. MOTION: Council Member Smith moved to direct the inclusion of the recommendations’ promulgated by the City staff and Planning Commission and delineated in this communication in the Planning Department’s 2010 Workplan. Council Member DeLapp seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 7 MOTION: Mayor Johnston moved to delay enforcement of seasonal sales of Christmas trees until the end of the year. Council Member Smith seconded the motion. The motion passed 5-0. The meeting was adjourned at 9:40 p.m. Respectfully submitted by Sharon Lumby Resolution No. 2009-045 setback variance for James Burns, 11140 20th St.Ct.N. Resolution No. 2009-046 renewal of interim use permit for Common Ground Church to permit keeping of horses Resolution No. 2009-047 CUP for Ag Entertainment Business for Country Sun Farm & Greenhouse Resolution No 2009-048 adopt final 2009 tax levy certification, payable 2010 Resolution No. 2009-049 approve $2,500 to the Friends of Washington County Resolution No. 2009-050 certification to Washington County for unpaid utility bills Resolution No. 2009-051 Deny requested CUP amendment to newly rezoned property for Country Sun Farm & Greenhouse Resolution No. 2009-052 Deny rezoning of 33.44 acres from Rural Residential to Ag requested by Country Sun Far, & Greenhouse