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HomeMy WebLinkAbout09-16-2008 CCM City of Lake Elmo City Council Minutes September 16, 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, City Engineer Griffin, City Attorney Filla, Finance Director Bouthilet, and Recording Secretary Luczak. APPROVAL OF AGENDA: Motion: Council Member DeLapp moved to approve the September 16, 2008 agenda as presented. Council Member Johnson seconded the motion. The motion passed unanimously. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The minutes of September 2, 2008 were approved by consensus. PUBLIC COMMENTS/INQUIRIES: Roger Linnell, 9402 Stillwater Blvd., requested clarification of violations stated in a letter he received from the City regarding a code violation for parking a commercial vehicle on his property. Mr. Linnell provided pictures and signatures from the neighbors supporting his parking of a commercial truck in a residential zone and explained the he believed that the City had granted him a variance to do this. Ann-O Suckow, (1945 Polaris Place, North St. Paul), Lake Elmo Jaycees Community Development VP 2008, thanked the City for the opportunity to participate in the Fall Festival and gave an update of upcoming events. Ed Nielsen, 9492 Stillwater Blvd., expressed his frustration with the condition of the property at 9442 Stillwater Boulevard. He described the history of inaction on the property from a code enforcement perspective and, although he acknowledged there was action now, it was late and did not appear to be diligent enough to accomplish the expectations set out. Jim Blackford, 9765 45th St. N., expressed his frustration with the Minnesota Pollution Control Agency (PCA) plan for the Washington County Landfill and the inaction to really address the issue of contamination in the City’s water supply by the PCA or 3M. 1 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2008 Mr. Blackford submitted a letter (attached to the minutes) that explained the importance of taking further action against the PCA to address these issues. Susan Dunn, 11018 Upper 33rd St., expressed concerns that her questions from previous meetings had not been addressed and she asked that candidates for office be respectful during their individual campaigning efforts. CONSENT AGENDA: MOTION: Council Member Johnson moved to approve the Items 2 and 5 of the consent agenda . Council Member Smith seconded the motion. The motion passed unanimously. • Approval of disbursements in the amount of $110,329.19. • Authorize construction of a new home to be located further from the road right- of-way than an existing barn by 40 feet and detached garage by 117 feet on the 9.94 acre parcel at 11311 50th Street North, Resolution No. 2008-044. REGULAR AGENDA: Adopt Ordinance 08-009 amending the 2008 fee schedule to include new fees for signs as required by the new sign ordinance Finance Director Bouthilet requested the City Council to amend the fee schedule to include fees for signs, which is a result of the recently adopted modified sign ordinance. He explained that the fees are based upon the cost of processing the permit to the City so that taxpayers are not covering the costs of these business expenses. City Council discussed the justification of hours and cost, sign renewal, temporary signs and updating the fee schedule. MOTION: Council Member Johnson moved to adopt Ordinance No. 08-009 amending the 2008 fee schedule to include new fees for signs as required by the new sign ordinance. Council Member Park seconded the motion. The motion passed unanimously. Approve a settlement subject to conditions to Joan and Steve Ziertman for claims against the City City Attorney Filla reported on the proposed settlement that was negotiated with Attorney Golembeck. Attorney Filla explained that for a payment of $12,500, the property owners would sign a release of all claims against the City, the City Staff and/or its consultants except for claims occurring after September 5, 2006 related to drainage; and except for claims relating to any breach of the conditions of the settlement agreement dated September 5, 2006. He also indicated that the Release of Claims form would indicate that it is a settlement and compromise of disputed and doubtful claims and not an admission of liability. 2 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2008 The City Council discussed the conditions attached to the settlement payment. Rose Armstrong, 8291 15th St. N., stated it was a mistake to offer a settlement as it has been a waste of the City’s time and money, and it legitimized objection to fight (family feud). Rod Sessing, 5699 Keats Ave. N., asked if the settlement was in the best interest of the City. Council Members Johnson and DeLapp did not support the financial settlement of these matters. Mayor Johnston supported the motion but could not discuss it because it involved confidential personnel issues and helps bring closure of an issue to a long-term dispute. MOTION: Council Member Park moved to approve a settlement payment of $12.500 to Steve and Joan Ziertman of 5761 Keats Avenue North for claims against the City, subject to the conditions described by the City Attorney. Council Member Smith seconded the motion. The motion passed with Mayor Johnston and Council Members Park and Smith voting in favor and Council Members DeLapp and Johnson voting against. Accept donations for the Fall Festival Finance Director Bouthilet explained that the City must formally accept donations and it was timely to accept the cash and donated items for the Fall Festival in the total amount/value of $6,220.02 MOTION: Council Member Park moved to accept the cash and donated items for the Fall Festival in the amount/value of $6,220.02. Council Member Smith seconded the motion. The motion passed unanimously. Consider an application for a 25 foot yard setback variance to allow the construction of a detached garage five feet from the front property line where 30 feet is required at 11002 Upper 33rd Street North; Resolution No. 2008-046. Planning Director Klatt reported on a planning request from Jill Martin to allow construction of a one car, detached garage on her residential property at 11002 Upper 33rd Street North. The proposed garage would be located five feet from the front property line where thirty feet is required and would therefore need a twenty-five foot variance. The lot (0.14 acres) does not have any covered parking and a conforming location does not exist for a detached garage. The Planning Commission and staff recommended approval. The Planning Director, Klatt, acknowledged that the Fire Chief had reviewed the proposed building plan’s proximity to the fire hydrant at the end of Upper 33rd Street and found it not to be in conflict. He also explained that the impervious surface area would need to be reduced through the building plan review process to conform to current codes. 3 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2008 4 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2008 MOTION: Council Member Smith moved to approve Resolution No. 2008-046 approving the requested 25 foot variance from the required 30 foot yard setback for a detached garage at 11002 Upper 33rd Street based on the findings provided by staff and with the conditions identified in the staff report. Council Member Johnson seconded the motion. The motion passed unanimously. Consider an application for a Conditional Use Permit to establish a Beauty Salon/Day Spa at 8925 Highway 5. Planning Director Klatt explained a request from FLF Properties to establish a day spa at 8925 Highway 5 which is located within the Prairie Ridge Office Park complex. The proposed site is zoned LB – Limited Business District and a Beauty Salon/Day Spa requires a Conditional Use Permit in this district. The Planning Commission found that the use met the criteria for granting a Conditional Use Permit and recommended approval. Council Member DeLapp asked the staff to be attentive to any negative impacts from the existing exterior lighting in the development and uncontrolled weeds, which were not directly related to the CUP request. MOTION: Council Member DeLapp moved to approve Resolution No. 2008-047 approving a Conditional Use Permit for a beauty salon and day spa at 8925 Highway 5 based on the findings provided by staff. Council Member Smith seconded the motion. The motion passed unanimously. MnDOT provided an update on Trunk Highway 5 and Jamaca Avenue/Stillwater Boulevard Roundabout Paul Kachelmyer, MnDOT Project Manager, provided an update on the TH 5 and Jamaca Avenue/Stillwater Boulevard Roundabout, which is currently scheduled for late spring/early summer 2010. He explained that the City is not being asked to make any decisions about the project at this time. City Council Members asked several questions about the project, its design, its timing, its impact on neighboring property owners and drainage as well as how MnDOT staff was communicating with property owners and residents in the area. Council Members encouraged MnDOT officials to meet with area residents and plan a neighborhood informational meeting as soon as possible. MnDOT provided an update on Trunk Hwy 5 Improvements (Manning Avenue to 55th Street) Adam Josephson, MnDOT East Area Engineer, provided an informational update on the proposed Trunk Highway 5 improvements from Manning Avenue to 55th Street to add a turn lane to reduce accidents along this section of Manning Avenue. MnDOT has scheduled the project for 2013, but it may be brought forward to 2009. Consider a request for an extension of the submission of the 2030 Comprehensive Plan update to the Metropolitan Council; Resolution No. 2008-045 City Planner Klatt updated the Council on the status of the 2030 Comprehensive Plan and a request for an extension of time for submitting the required plan elements to complete the 2030 plan to the Metropolitan Council prior to November 1, 2008. He proposed a timeline for the three required plan elements, water, surface water and transportation, that must be included as part of the City’s submission. City Administrator Hoyt reviewed the reasons for requesting an extension. Council Member DeLapp suggested that the City minimize its costs and time and avoid additional studies and turn the current Comprehensive Plan into the Metropolitan Council to determine if it was satisfactory in its current form or might require only a few revisions. MOTION: Council Member Johnson moved to approve Resolution No. 2008-045 requesting an extension for a Comprehensive Plan update from the Metropolitan Council until December 2010. Council Member Park seconded the motion. The motion passed with Mayor Johnston and Council Members Johnson, Park and Smith voting in favor of the motion and Council Member DeLapp voting against. REPORTS AND ANNOUNCEMENTS: Council Member Park stated she would like to participate in I-94 Corridor meetings when the opportunity arose. All City Council Members thanked Lake Elmo business owners and volunteers for a successful Fall Festival. Mayor Johnston announced that he was participating in a Metropolitan Council Retreat panel with three other mayors on, “How to Work Better with Cities.” Administrator Hoyt informed Council the quarterly financial report was completed and would be distributed to the City Council and candidates. The meeting was adjourned at 10:02 p.m. Respectfully submitted by Carole Luczak, Recording Secretary Resolution No. 2008-044: Approve Placement of New Home Further From Road Right- of-Way Than Existing Accessory Buildings at 11311 50th Street North Resolution No. 2008-045: Request Additional Time Which to Complete Comprehensive Plan Decennial Review Obligations Resolution No. 2008-046: Approve 25-foot Variance to Required 30-foot Front Yard Setback to Allow Construction of Detached Garage at 11002 Upper 33rd Street North Resolution No. 2008-047: Approve Conditional Use Permit to Establish a Beauty Salon and Day Spa at 8925 Highway 5 5 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2008 Ordinance No. 08-009: Set Municipal Fees for Calendar Year 2008