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LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 1
MINUTES APPROVED OCTOBER 18, 2005
LAKE ELMO CITY COUNCIL MINUTES
JULY 5, 2005 1. AGENDA
2. MINUTES: June 21, 2005
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries:
B. Public Informational 4. CONSENT AGENDA:
A. (1) Resolution No. 2005-068:Approving Claims
(2) Resolution No. 2005-069:Approving Claims
B. Feasibility Report for Water Systems Interconnect; Supplemental
Authorization No. 1 for Professional Services C. Phase II Construction – Extension of Completion Date
5. FINANCE
6. NEW BUSINESS:
A. Xcel Fly Ash Committee:Add two alternates – Mayor Johnston
7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Department:Washington County Cooperative Deer Hunt
B. Fire Department Report and Job Description – Verbal
8. CITY ENGINEER’S REPORT:
A. Resolution No. 2005-070: Feasibility Report for Hilltop
9. PLANNING, LAND USE & ZONING: A. Farms of Lake Elmo: OP Stage Plan/Preliminary Plat, Conditional Use Permit;
Resolution No. 2005-071
B. Request for Safety Street Light: Tapestry Project
C. Lake Elmo Development Company:OP Concept – Bergman, Resolution No.
2005-072 – TABLED until July 19th D. Village Area Master Planner
10. CITY ATTORNEY’S REPORT:
A. Legislative, Finance, Legal, Personnel Committee Report – Sessing/Ziertman
11. CITY ADMINISTRATOR’S REPORT:
A. Library – Mayor to discuss possible action. B. Calendar for Comprehensive Plan
12. CITY COUNCIL REPORTS:
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
chambers. PRESENT: Conlin, Smith, Johnston, Johnson, DeLapp, City Engineer Prew, City Attorney Filla, Fire Chief Malmquist, Public Works Supervisor Mike Bouthilet,
Finance Director Tom Bouthilet, and City Administrator Rafferty.
1. AGENDA
Remove 9B. per the request of the developer. M/S/P smith/Johnson- to approve the July 5, 2005 City Council as amended. (Motion
passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 2
2. MINUTES: June 21, 2005
M/S/P Conlin/Johnson - to approve the June 21, 2005 City Council minutes, as amended.
(Motion passed 5-0).
3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries:
Bob Johnson, 10327 47th Street N., asked if the City would blacktop the rest of 50th Street and Kimbro Avenue. The City Engineer responded this road construction is forecasted for 2009.
B. Public Informational
4. CONSENT AGENDA: A. (1) Resolution No. 2005-068:Approving Claims
M/S/P Smith/DeLapp - to adopt Resolution No. 2005-068, A Resolution Approving
Claim Numbers 265, 266, 267, DD453 through DD462, 27522 through 27539, which were used for Staff Payroll dated June 23, 2005 claims 27540 through 27576, in the total amount of $228,960.58. (Motion passed 5-0).
(2) Resolution No. 2005-069: Approving Claims
M/S/P Smith/DeLapp - to adopt Resolution No. 2005-069, A Resolution Approving Claims Number 27577 in the total amount of $270.00. (Motion passed 4-0-1: Johnson
recluse herself for personal issues.)
B. Feasibility Report for Water Systems Interconnect; Supplemental Authorization No. 1 for Professional Services
M/S/P Smith/DeLapp - to authorize the City Administrator to sign the Supplemental
Authorization No. 1, Feasibility Report for Water Systems Interconnect which reflects
compensation of $60,000 for this Supplemental Authorization No. 1 added to the original
authorized amount of $18,000. (Motion passed 5-0).
C. Phase II Construction – Extension of Completion Date
In his memo dated June 30, 2005, the City Engineer reported the contractor for Phase II
work is requesting an extension of the completion date for the project from August 1,
2005 to September 1, 2005. This is an extension request due to the wet weather we have been experiencing. The City Engineer recommended the City process a Change Order to extend the completion date to September 1, 2005 which will allow the contractor an
adequate amount of time to safely complete the Project.
M/S/P Smith/DeLapp – to approve the extension of the completion date from August 1, 2005 to September 1, 2005 for the Phase II Construction, per the City Engineer’s recommendation. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 3
5. FINANCE
6. NEW BUSINESS:
A. Xcel Fly Ash Committee: Add two alternates – Mayor Johnston
Mayor Johnston suggested that the Council add two alternates to the Xcel Fly Ash
Committee. Mayor Johnston, Council members Johnson and Smith indicated their
interest to serve on this committee and would attend the last three Wednesday meetings.
M/S/P Johnston/Conlin – to appoint Anne Smith and Liz Johnson, as committee members
and Mayor Johnston as an alternate member. There will be a meeting notice of a possible
quorum of the council attending next three Fly Ash meetings. (Motion passed 5-0.)
7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Department: Washington County Cooperative Deer Hunt
M/S/P Smith/Johnson - to authorize an anterless only deer hunt in Sunfish Park in
cooperation with Washington County for two weekends during deer hunting season in the
Fall of 2005, per the recommendation of the Public Works Supervisor. (Motion passed 5-
0). B. Fire Department Report and Job Description – Verbal
The Administrator summarized Ordinance 97-141, adopted by the City Council, defines
the positions, how those positions would report and the selection process. There is a
clarification of job descriptions and duties of the chief and captains. The City will be
advertising for a district chief and captains.
Fire Chief Malmquist reported the four new recruits, Richard Myran, Marie Duffert,
Maurice “Mo” Butler and Ty Jacobson, have met the requirements to be probationary
members
M/S/P Johnson/Conlin – to approve the appointment of Richard Myran, Marie Duffert,
Maurice “Mo” Butler and Ty Jacobson, as probationary members on the Fire Department,
per the recommendation of Fire Chief Malmquist. (Motion passed 5-0.)
8. CITY ENGINEER’S REPORT: A. Resolution No. 2005-070: Feasibility Report for Hilltop
The City Engineer presented the Council the Feasibility Report for 2005 Street Repairs,
Hilltop Avenue.
M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-070, A Resolution Receiving the Feasibility Report and calling a Hearing on August 2nd on Street Repairs for Hilltop Avenue. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 4
9. PLANNING, LAND USE & ZONING:
A. Farms of Lake Elmo: OP Stage Plan/Preliminary Plat, Conditional Use Permit;
Resolution No. 2005-071
The City Planner reported the Planning Commission adopted a recommendation to
approve the OP Development Stage Plan, OP Conditional Use Permit and Preliminary
Plat of the “Farms of Lake Elmo”. The Plan designates 30 SFD lots, but also designated
three outlots that could become SFD lots should the OP ordinance be amended in the future from 0.40 to 0.45 dwelling units per buildable acre. The calculations and mapping
regarding Preserved Open Space must be adjusted to comply with OP ordinance
standards as well. In all other respects the Development Stage Plan and Plat reflects the
approved Concept Plan and conditions of approval.
The Parks Commission reviewed the Plan and recommended the Public trail link running
east/west through the site as consistent with the Trail System Plan. Credit for that trail
construction (and easement dedication) as a Public trail will be credited to the Park
Dedication calculation of $143,460.
Tim Freeman, Folz Freeman, Erickson, Inc, provided a memo that addressed the City
Engineer’s report. The following were items of concern:
Plat – The plat states that a driveway easement thought the Outlot should be platted for
the exception parcel in case the property owner wants to abandon their existing driveway. He has had conversations with this property owner, and they like their driveway as it is.
The other issue is putting an easement between two of the new homes or behind the new
homes is intrusive.
Streets – We strongly disagree with the engineer’s assessment of the code requiring concrete curb and gutters. The lot widths in this development make installing concrete
curb and gutter cost prohibitive. The City has never required concrete curb and gutter in
OP Developments in the past.
M/S/ Johnston/DeLapp - to change concrete curbs to asphalt curbs in the OP developments. Council members Conlin, Smith, and Johnson would like to look at the
whole package, not just OP developments. (Motion Withdrawn)
Council member DeLapp said he didn’t like the double road coming into the
development and the trail already exceeded the trail requirements.
Mike Bouthilet said there has been preliminary discussion with Washington County who
had not made a decision if there would be a trail into the Regional Park. He said it was
important to do the segment out to 31st Street and the money would come out of the park
dedication requirement.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 5
M/S/P Johnston/Johnston – to approve placing of water stub and easement for water in
both cases. (Motion passed 5-0).
Council member DeLapp suggested an amendment to request that the Minnesota Land Trust make a provision to not disallow the property owner to relocate the driveway that
might be convenient. (Motion passed 5-0).
M/S/P DeLapp/Johnston – to request that the Minnesota Land Trust make a provision to
not disallow the property owner to relocate the driveway that might be more convenient as determined by the property owner. (Motion passed 5-0).
M/S/P Smith, Johnston – to extend trail up to 31st Street to west of Outlot C paid for from
the Parks Commission Fund. If Washington County doesn’t allow an entrance to the
Regional Park, then the trail extension will be eliminated. (Motion passed 5-0).
Council member Conlin asked for a parking lot because she thought it would be safer.
M/S/P Conlin/Johnson - to accept the engineer’s recommendation for a parking lot for 5
spaces by the park in the neighborhood. (Motion passed 4-1:Smith felt wider roads would accommodate any need for parking; added impervious surface is not necessary.)
M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-071, as amended by previous
council actions and staff recommendations for asphalt curbs according to plan, A
Resolution Approving the OP Development Stage Plan/CUP and Preliminary Plat of “Farms of Lake Elmo” per plans staff dated June 27 2005, and subject to conditions
listed. (Motion passed 5-0).
B. Request for Safety Street Light:Tapestry Project: Developer Requested Agenda
Item Deleted
C. Lake Elmo Development Company:OP Concept – Bergman, Resolution No.
2005-072 – NOT ADOPTED
Mayor Johnston suggested that this OP Concept Plan be sent to the Parks Commission for their review and comments.
M/S/P Johnston/Johnson – to table the Lake Elmo Development Company OP Concept
Plan and send the plan to the Parks Commission for their review. (Motion passed 5-0.)
D. Village Area Master Planner
The Council directed staff to again present the Master lanner RFQ for Council
consideration, which was provide. Staff has solicited the interest of Dewey Thorbeck to
continue/expand/modify his earlier work as the Village Area Master Planer. The City
Planner advised that Mr. Thorbeck could offer the expanded planning/coordination efforts by the City the advantage of intimate knowledge of the current Plan version. The
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 6
Planner suggested a City Council Workshop be scheduled for the Council to discuss with
Mr. Thorbeck what the Council’s expectations would be for the Master Planner.
The Administrator suggested two ways to do this: 1. Facilitate an RFP and 2. Look at Thorbeck Alternative.
Council member DeLapp said he didn’t want to see four landowners coming up with a
plan they agreed upon and suggested using Bob Engstrom as the Village Area Master
Planner.
Council member Johnson stated because time is short and it is important to share more
details, the City should pursue Thorbeck option which would save us a lot of time.
M/S/ Johnson/Smith – to authorize staff to move in the direction of hiring Dewey Thorbeck as the Village Area Master Planner for the process of completing the Village
Area Plan.
Council member Smith said she second the motion to speak against the motion.
Council member Smith states that as Council member-elect last November, the previous
Council along with the Council-elect decided to hire a Master Planner for the Old
Village. She is concerned with four developers and their differing views on the perfect
plan for the Old Village. She likens this to a four piece puzzle and feels that there needs
to be someone to oversee this whole process.
Council member Smith said Mr. Thorbeck is an architect and said she thought the City
should use Bob Engstrom, who has developed The Fields, a development the City wants,
or someone of his caliber.
Mayor Johnston said if we really want a master planner we let six months go by. He said
the landowners have indicated they will cooperate and the City is not looking for a master
planner that conflict with our plan.
Council member DeLapp stated he had been checking with staff at least monthly since February to get a Master Planner.
Council member Smith pointed out that the four developers are not in agreement.
Council member Conlin wants more information on costs, would like to look at all options, and would like to get bids from all interested parties for the master Planner
position.
Council member Johnson asks if we need sealed bids for an RFQ.
Attorney Filla responds no we do not.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 7
Council member Smith asks why we would limit ourselves to one specific vision when
we can look at others as well.
Administrator Rafferty says we are looking for a public and private partnership. We will look at all players and Council can hold interviews and then choose the Master Planner.
Council member Johnson withdrew previous motion to hire Thorbeck.
M/S/P Johnson/Johnston - to authorize staff to move forward for request of qualifications and adding in the items of standards, development workshop with developer and a then
hold a workshop with the City Council. (Motion passed 5-0.)
10. CITY ATTORNEY’S REPORT:
A. Legislative, Finance, Legal, Personnel Committee Report – Sessing/Ziertman At the Special Committee Meeting of June 30, 2005, members heard additional testimony
from both parties and City staff. Mayor Johnston, Committee Chair Johnson and Council
Members DeLapp and Smith attend the Special Committee Meeting. The Committee
adopted the six recommendations to the City Council regarding these issues/allegations
discussed by the Committee. Rod Sessing verbally responded to questions and summarized the history of the scope of activity on his property, 5699 Keats Avenue.
The Council discussed the six recommendations from the FLLP Committee and made
the following motions:
Attorney Filla stated the cease and desist order was given on October 20, 2004. It is his
recommendation to proceed with civil action in the Washington County Court because of
the ability to discover information we don’t have.
Council member Smith asked for a date of compliance for the three-sided structure.
Council member Smith suggests that had Sessings not moved thousands of cubic yards of
dirt, there would be no need for the illegal retaining wall.
M/S/P Johnston/Smith – to approve the action recommended in Item No. 1. The Staff and the City Attorney be directed to proceed with execution of the Building Official’s earlier
Order to remove the partially complete three sided structure on the Sessing property for
which no building permit was obtained, but is required. (Motion passed 5-0).
Attorney Filla noted that Resolution Number 97-37 he referred to was actually Resolution No. 99-37, which laid out the history to use fieldstone. Attorney Filla indicated he sent
Attorney Snyder a copy of Resolution No. 99-37.
Attorney Filla noted that there was never a change to the ordinance.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 8
M/S/P Johnson/Johnston – that staff be directed to research historic topographic
information to determine the extent to which the grading of the Sessing property since
1980. has altered natural drainage in violation of the City regulations…delete these last
words. (Motion passed)
Council member DeLapp asked to delete the words “to the detriment of the Ziertman
property”.
Rod Sessing handed out a list of 17 businesses in the City where people are allegedly
operating a business out of their home.
Attorney Filla indicated that the City sent out a questionnaire October of 2004 asking
specific questions about their business. The Sessings admitted to operating this business. They appealed the Cease and Desist order on October 26, 2004. Council upheld the
Cease and desist on November 16, 2004.
Attorney Filla expressed that the City is on firm ground regarding the Cease and Desist.
Jean Anderson, Attorney representing the Sessings, pointed out home occupations have
been on the increase since September 11th and the City ordinance is too broad and needs
to be amended to support small businesses so people can make a living out of their
homes. She suggested placing a moratorium in order to revise the Home Occupation
Ordinance to reflect reality.
Attorney Filla explained the City is saying if you are selling products and have an
inventory in the house, as stated by Mr. Sessing in his literature he handed out suggesting
you can’t have a fax or fax paper is contrary to the Home Occupation definition. If the
City learns of other identical businesses in the City, he would ask the staff to pursue an investigation.
Council member Conlin asked if home occupations on the Sessing’s list are different than
the Sessing business.
Council member Johnson said she didn’t want this to become a witch hunt, but would
like to have the Planning Commission work on Home Occupation and then work on
compliance.
Council member Johnson believes it is inappropriate for semi-trailers to be backing in and out of residential neighborhoods.
Council member Smith pointed out that businesses like Southern Living and Partylite
does not have on-site storage. She feels that if we allow this type of warehousing
business, people will move to Lake Elmo to avoid renting a facility in a commercial district.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 9
Mayor Johnston said the Council could delay this for 60 days in order for the Planning
Commission to work on home occupation;
Steve Ziertman asked that the City enforce the code as written and proceed with the cease and desist order.
Council member DeLapp does not like when residents in Lake Elmo ask for forgiveness
rather than ask for permission.
Council member Smith states that it is inappropriate for an attorney to suggest that this is
a family issue rather than a code enforcement issue.
M/S/P Smith/Johnston – it is inappropriate for the Planning Commission to discuss this
when we have a comprehensive plan to complete and is asking staff and the City Attorney to proceed with the “Cease and Desist” Order issued by the City regarding the
conduct of an illegal home occupation at the Sessing Residence and uphold our code.
(Motion passed 4-1:Johnson said she would like the Planning Commission to finish their
work so we can deal with all home occupations as one unit.).
Rod Sessing asked Attorney Filla a question on the definition of home occupation.
Attorney Filla stated that based on the information that he has this may not even fall
under the home occupation designation, but rather than of a commercial business. Rod
Sessing asks if this is based on information that is circulating. Attorney Filla replied that
it is based mainly on information that Mr. Sessing has personally provided to the City. M/S/P DeLapp/Conlin – to direct staff with recommendations no. 5 and 6 regarding the
size of the principal structure and sizes of accessory structures confirmed relative to code
and determine what uses are in there. (Motion passed 5-0.)
The Council said once the City knows what the grading issues are; the staff will look at
maintenance of the retaining wall. The staff does not have topographic information.
M/S/P Johnston/Johnson - to delay Item No. 2 until historic topographic information is
submitted for Item No. 3. (Motion passed 5-0).
11. CITY ADMINISTRATOR’S REPORT:
A. Library – Mayor to discuss possible action.
Mayor Johnson reported he attend the Washington County Board Meeting which they
would have answer within 10 to 14 days considering what to do with the library. He said
the estimates have come in higher than what was placed in the budget. He will have more information in a week.
B. Calendar for Comprehensive Plan
Council member DeLapp stated he would be out of town on July 11th. He added that the
landowners of RAD2 are not happy with the proposal.
LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2005 10
Mayor Johnston suggested each council member could submit their input to the Planning
Commission by e-mail or to the Administrator by Wednesday.
Council member Conlin asked that the map that was presented at the Planning Commission be sent along with the Planning Commission’s rationale.
Council member Smith asked that they also discuss parcels with 3 houses per acre to use
some of the sewer.
M/S/P Johnson/Smith - to approve the proposed calendar for the Comprehensive Plan.
(Motion passed 4-1: DeLapp would like to submit the Comprehensive Plan the Council
would approve and let the Met Council have a chance to accept it.)
12. CITY COUNCIL REPORTS: Mayor Johnston explained he attended the Washington County workshop with
neighboring cities and they have done a marvelous job with their trail plan and water
runoff.
Council member Smith thanked everyone, Liz and Steve Johnson, Jeanette Behr, Vicki Grazyek who worked on the 4th of July parade.
The Council adjourns the meeting at 10:40 p.m.
---------------------
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2005-068 Approving Claims
Resolution No. 2005-069 Approving Claims
Resolution No. 2005-070 Feasibility Report for Hilltop Avenue
Resolution No. 2005-071 Farms of Lake Elmo