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HomeMy WebLinkAbout08-19-2008 CCMLAKE ELMO CITY COUNCIL MINUTES August 19, 2008 1 MINUTES APPROVED: September 2, 2008 City of Lake Elmo City Council Minutes August 19, 2008 Mayor Johnston called the meeting to order at 7:00 p.m Present: Mayor Johnston and Council Members DeLapp, Johnson, Park and Smith Also present: City Administrator Hoyt, Planning Director Klatt, Planner Ben Gozola, City Engineer Stempski, City Attorney Filla Finance Director Bouthilet and City Clerk Lumby. Report from August 12, 2008 closed meeting on administrator’s performance review Mayor Johnston reported that in August, 2008, the City Council completed the performance appraisal for Susan Hoyt, as City Administrator for the City of Lake Elmo. The Mayor and four council members participated in completing the appraisal form. The City Administrator completed a self-appraisal as well. The overall performance for Susan was rated as exceeding expectations. The performance review categories are “City Council goals” and “competencies associated with managing the city as an organization”. The review process clearly identified that Susan has the knowledge, skill and experience in performing the role of City Administrator for the City of Lake Elmo. Examples include the excellent work Susan has implemented in regards to managing the city’s financial resources financial management, budgeting process and communication, providing leadership in supervising and hiring of staff and expert consultants promoting efficiencies through collaboration with other entities operating according to the principles of good government and promoting open, accessible and responsive government. APPROVAL OF AGENDA: MOTION: Council Member Johnson moved to approve the August 19, 2008 agenda as presented. Council Member Park seconded the motion. The motion passed unanimously. ORDER OF BUSINESS: GROUND RULES: APPROVE MINUTES: The minutes of August 5, 2008 were approved by consensus. LAKE ELMO CITY COUNCIL MINUTES August 19, 2008 2 PUBLIC COMMENTS/INQUIRIES: Susan Dunn, 11018 Upper 33rd Street, inquired when the city would be discussing debt reduction as suggested by the auditor. She asked when will the comprehensive plan be updated and will the update be outsourced? She also inquired about the final airport plan and the Village AUAR. Jim Blackford, 9765 45th Street N. asked for special presenter status for the landfill agenda item. CONSENT AGENDA: MOTION: Council Member Johnson moved to approve the consent agenda as presented. Council Member Park seconded the motion. The motion was passed unanimously. • Approval of disbursements in the amount of $219,059.56 REGULAR AGENDA: Engineer updates on status of current developments Ryan Stempski, City Engineer with TKDA, summarized the process to close out active developments, and detailed the status of eight current developments and will be meeting with the developers to discuss the items undone (punch list) and enforcement. The city engineers will be holding a neighborhood meeting Tuesday, August 26, 2008 to listen to the residents’ concerns from the St. Croix Sanctuary development. Pamela Chickett, 5711 Linden Avenue N., asked for a prompt resolution of the items in the Sanctuary development that have surpassed the August 8th time deadline for completion. Conditional job offer to Chris Klein and approve employment status change for Mike Cornell MOTION: Council Member Johnson moved to make conditional job offer to Chris Klein pending the outcome of his department physical and then to be placed on probationary status with the fire department if his physical is passed and to move Mike Cornell from probationary status to firefighter status. Council Member Smith seconded the motion. The motion passed unanimously. LAKE ELMO CITY COUNCIL MINUTES August 19, 2008 3 Report from Representative Julie Bunn and Senator Kathy Saltzman Representative Julie Bunn and Senator Kathy Saltzman recapped the 2008 legislative session by summarizing a variety of activity that was done during the sessions. They discussed in some detail the bonding bill for the Washington County landfill clean up and setting standards for citing landfills throughout the state. Representative Bunn explained that a portion of the landfill area could be used for park and the landfill may be covered with various prairie grasses. In addition, the PCA is exploring the use of gases to generate electricity on the site. Council Member DeLapp stated the council voted saying that it did not want the “dig and line” process put into effect instead the council asked that the garbage either be trucked away or burned. Senator Saltzman explained the cost and timing of burning the garbage is unknown and trucking it away would cost three to four times more. There is no willing community that will accept the garbage. Information from the Minnesota Pollution Control Agency (MPCA) on the PCA decision and process for remediating the Washington County Landfill of PFC contamination. Shawn Ruotsinoja, Minnesota Pollution Control Agency (MPCA) official explained the process for “dig and line”, a process that will have the agency dig up the garbage in the landfill, line a section of the landfill, and replace the garbage. This process was approved during the 2008 legislative session. Jeff Lewis, manager of the MPCA landfill remediation division, stated that the decision on the remediation option for the Washington County landfill rested with the PCA. There is no appeal process in the decision that the MPCA has responsibility for cleaning the landfill and the chosen process will go forward. Peter Tiffany, senior engineer MPCA, described the three liners that will be used in the “dig and line” process making it the only landfill in the state that will have such a lining. Jim Blackford, 9765 45th Street, called for sanctions against 3M, which is one source of the contamination in the groundwater. He believes 3M should take more responsibility and be required to state when company officials knew about the contamination. Council Members DeLapp and Smith stated that this option is not a permanent solution to the contamination problem. Council Member Smith specifically asked about the protection provided by the three layers. LAKE ELMO CITY COUNCIL MINUTES August 19, 2008 4 Consider an application from the Meehan Family, LLC for a minor subdivision (Torre Pines 2nd Addition), 2038 Inwood Avenue N. Planning Director Kyle Klatt requested City Council approval of a minor subdivision requested by the Meehan Family, LLC to create four new lots from an existing 10-acre parcel within Torre Pines Addition, which is located at 2038 Inwood Avenue. The original development was approved in 1995. MOTION: Council Member Johnson moved to approve Resolution no. 2008-038 approving a minor subdivision for Torre Pines 2nd Addition with conditions. Council Member Park seconded the motion. The motion passed unanimously. Consider approval of a moving permit of an 863 square-foot accessory building to the property at 4150 Irish Court North. Planning Director Kyle Klatt asked the City Council to consider a request from Marvin and Karen Lerol to permit an existing 864 square-foot accessory building to be moved from a site in Oakdale to their property at 4150 Irish Court North. The applicants have agreed to paint the accessory building in order to match the primary structure’s exterior or be of an earthen tone. The acting Building Official inspected the accessory building and found the structure complies with today’s building code requirements. MOTION: Council Member Johnson moved to approve Resolution no. 2008-039 approving the moving permit to move an accessory building to the property at 4150 Irish Court North based on the findings listed in the staff report, subject to the conditions recommended by staff. Council Member Park seconded the motion. The motion passed unanimously. Consider amendments to the open space zoning code district for coverage of impervious surface Planning Director Kyle Klatt asked the City Council to consider an amendment to the (OP) Open Space Preservation District provision in the zoning ordinance to increase the maximum impervious surface coverage allowed within this district from the current 17% up to 20% for each lot with additional provisions that would allow and increase up to a maximum of 25% coverage. Council Member Smith pointed out Washington County regulation for impervious surface coverage is 30% and wondered if that figure was sufficient. Steve Meads, 2928 Jonquil Trail, said the impervious surface coverage too restrictive because he cannot get a driveway big enough to get his cars into his garage even after he has reduced his patio and sidewalks. Mike Pearson, 2805 Lisbon Avenue N., installs pools and supports the proposal even though he thinks the ordinance is still restrictive. LAKE ELMO CITY COUNCIL MINUTES August 19, 2008 5 MOTION: Council Member Johnson moved to adopt Ordinance no. 08-008 amending the definition of impervious surfaces and amending the allowable impervious surface coverage for lots excluding swimming pools in Open Space Preservation developments. Council Member DeLapp seconded the motion. Mayor Johnston and Council Members Johnson, DeLapp, Park voted for the motion and Council Member Smith voted against the motion. MOTION: Council Member Johnson moved to adopt Resolution no. 2008-040 authorizing summary publication of Ordinance no. 08-008 in the official newspaper. Mayor Johnston seconded the motion. The motion passed unanimously. Appeal hearing on zoning code violations related to accessory structures at 5761 Keats Avenue Mayor Johnston convened the Board of adjustment and Appeals at 10:00 p.m. City Attorney Jerry Filla reported the City Council, acting as the Board of Adjustment and Appeals, is being asked to hold an appeals hearing to determine if the accessory structure on the Ziertman property at 5761 Keats Avenue violates three sections of the zoning code (Sections 154.094, 154.092 subd I and 154.092, subd K) as identified by the city attorney after receiving a report from consulting planner, Ben Gozola. Notices were distributed to the property owners, the abutting neighbors and the planning commission chair as required by city ordinance. Attorney Filla reminded the Board that it must act specifically on the validity of this appeal and not act as a policy body of the city. Ben Gozola, consulting planner, presented the information on the alleged zoning code violations to the Board of Appeals. Joan Ziertman, 5761 Keats Avenue, stated that historically the City has supported the code in that a small building sheltering animals are not regulated based on the number of structures under 35 sq.ft. located in the city. The 35’ sq.ft. accessory structure is based on very little and not regulated as an accessory structure. The threshold should be 100 sq.ft. which requires a building permit. She believes the definition of domestic farm animals has changed because animals are not kept just for animal producing purposes but large lots have hobby farms which have animals for pets and which require buildings for shelter. Their goat shed does have wind anchors, is not located closer to the road and in her opinion is not considered an accessory structure because it is less than 35 sq.ft. and does not require a building permit. The Board discussed the appeal, the options for acting on it and timeline for removal of the non compliant structure. LAKE ELMO CITY COUNCIL MINUTES August 19, 2008 6 MOTION: Council Member DeLapp moved to have the property owners, Steve and Joan Ziertman of 5761 Keats Avenue, remove the accessory structure (goat shed) within 90 days based on the findings: 1) that the property located at 5761 Keats Avenue is in a rural residential zoning district and encompasses an area of approximately 10.73 acres. 2) that there are two detached accessory structures located on the property. 3) that the area of the larger detached accessory structure is between 2,499 square feet and 2,508 square feet. (The maximum allowed is 2,500 square feet). 4) that the small detached accessory structure is intended to provide shelter for domesticated farm animals, 5) that the small detached accessory structure is located closer to the front property line of the property than the principal structure on the property; Conclusion: The smaller detached accessory structure located on the property causes the property to be in violation of the City Code Sections 154.093; 154.092, subd I.. The motion passed unanimously. Mayor Johnston adjourned the Board of Adjustment at 11:00 p.m. The Mayor adjourned the meeting at 11:03 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution no. 2008-038 Minor subdivision for Torre Pines 2nd addition Resolution no. 2008-039 Moving permit for accessory building to the property at 4150 Irish Court N., Marvin Lerol Resolution no. 2008-040 Summary of Ordinance no. 08-008, Impervious Surface coverage Ordinance no. 08-008 amending definition of impervious surfaces and amending the allowable impervious surface coverage